In a third ruling on the issue, a Department of Public Service Administrative Law Judge (ALJ), on December 2, 2014, issued a Decision ordering release under the Freedom of Information Law (FOIL) of Time Warner Cable’s Broadband deployment plans. The plans for extending broadband service within a large number of Time Warner Cable’s franchises in New York State, were filed with the Public Service Commission in the course of its review of the proposed merger of Time Warner Cable with Comcast. The decision rejects Time Warner Cable’s assertions that the records, which are public, are exempt from release under FOIL exemptions, i.e., that the information is a trade secret or that it is confidential commercial information, release of which would cause substantial economic injury.
Another administrative appeal to the PSC Secretary is possible.
For background, see
- Comcast/Time Warner Continue Effort to Stall Release of Time Warner’s New York State Broadband Deployment Plans, NYUP Update Nov. 13, 2013;
- Time Warner Cable Appeals FOIL Ruling Requiring Release of Broadband Plans, NYUP Update September 16, 2014;
- ALJ Rules that Time Warner’s New York Broadband Deployment Plans Must be Divulged Under FOIL, NYUP Update Sept. 4, 2014;
- Time Warner Asks PSC to Stifle Release of Data On Service Staffing and Broadband Plans, NYUP Update, August 5, 2014.
Gerald A. Norlander