 ATTORNEY GENERAL OF TEXAS GREG ABBOTT | |
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February 13, 2009 Ms. Evelyn Njuguna Assistant City Attorney City of Houston P.O. Box 368 Houston, Texas 77001-0368 OR2009-01753 Dear Ms. Njuguna: You ask whether certain information is subject to required public disclosure under the Public Information Act (the "Act"), chapter 552 of the Government Code. Your request was assigned ID# 334680. The Houston Airport System (the "system") received a request for specified revenue reports submitted by JCDecaux North America ("JCDecaux") over a particular time period, as well as information pertaining to the current contract between the system and JCDecaux. Although you take no position with respect to the public availability of the requested information, you state that its release may implicate the proprietary interests of JCDecaux. You state, and provide documentation showing, the system notified JCDecaux of this request for information and of its right to submit arguments to this office as to why the requested information should not be released. See Gov't Code § 552.305(d); Open Records Decision No. 542 (1990) (statutory predecessor to Gov't Code § 552.305 permitted governmental body to rely on interested third party to raise and explain applicability of exception to disclosure under certain circumstances). We have considered the submitted information. We note that an interested third party is allowed ten business days from the date of its receipt of a governmental body's notice under section 552.305 of the Government Code to submit its reasons, if any, as to why information relating to that party should not be released. See Gov't Code § 552.305(d)(2)(B). As of the date of this decision, we have not received any arguments from JCDecaux. Thus, we have no basis to conclude that the release of any portion of the submitted information would implicate its proprietary interests. See id. § 552.110; Open Records Decision Nos. 661 at 5-6 (1999) (stating that business enterprise that claims exception for commercial or financial information under section 552.110(b) must show by specific factual evidence that release of requested information would cause that party substantial competitive harm), 552 at 5 (1990) (party must establish prima facie case that information is trade secret). Thus, the system may not withhold the submitted information based on any proprietary interests that JCDecaux may have in the information. As no exceptions to disclosure have been raised, the submitted information must be released. This letter ruling is limited to the particular information at issue in this request and limited to the facts as presented to us; therefore, this ruling must not be relied upon as a previous determination regarding any other information or any other circumstances. This ruling triggers important deadlines regarding the rights and responsibilities of the governmental body and of the requestor. For more information concerning those rights and responsibilities, please visit our website at http://www.oag.state.tx.us/open/index_orl.php, or call the Office of the Attorney General's Open Government Hotline, toll free, at (877) 673-6839. Questions concerning the allowable charges for providing public information under the Act must be directed to the Cost Rules Administrator of the Office of the Attorney General at (512) 475-2497. Sincerely, Jennifer Luttrall Assistant Attorney General Open Records Division JL/eeg Ref: ID# 334680 Enc. Submitted documents c: Requestor (w/o enclosures) Mr. Bernard Parisot Co-Chief Executive Officer JCDecaux North America 3 Park Avenue, 33rd Floor New York, New York 10016 (w/o enclosures)
POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US |