Belton Electronics Corporation

Text (OCR of the scan at left; may contain errors)

IN THE MATTER OF BELTONE ELECTRONICS CORPORATION, ET AL.

Docket 8928. Interlocutory Order, July, 1982 ORDER EXTENDING INTERIM IN CAMERA TREATMENT AND ORDERING MOVANTS TO SHOW CAUSE By order of October 19, 1979, the Administrative Law Judge granted in camera treatment to certain exhibits in this record which is to expire on the date of the Commission s Final Order in this matter unless extended by the Commission. The respondent and a number of non-party corporations have now fied requests for extension of that in camera coverage. 1 Some of them requested permanent extensions, others requested ten years, and still others specified no period of time.

The information held in camera consists mainly of sales and profit data for the years 1970-1978 as well as certain other equally old information about sellng methods and product plans. In addition respondent' s income statements, accountants' reports, warranty card analysis and advertising expenses for that period of time were placed in the in camera record.

While the ALJ made public some in camera information in his Order Certifying the Record on Remand, June 27, 1980, we have found it unnecessary to use any additional in camera data in our Opinion. The only question before us, therefore, is whether the protected information should remain in camera and, if so, for how long.

Based upon our analysis of this market and the nature and especially the age of the information in question, we do not believe that the material is so secret and material to the business submitting it that "clearly defined, serious injury" is likely to result from its disclosure at this point. H P. Hood Sons, Inc. 58 F. C. 1184, 1188 (1961); General Foods Corporation 95 F. C. 352 (1980). Nonetheless we find it appropriate to extend the in camera treatment for the present and permit the movants to show cause why the exhibits in question should not be placed on the public record. Therefore, It is ordered That the exhibits and information presently in the Respondents' Motion for Continued In Camera Treatment," Cktober 15, 1980; Dahlberg Eledronica Corp. Reuest for Continuation of Confidential Status of Doument. Proouced Pursuant to Subpoena in Beltone E!ectronica Corp. , Dkt. No. 8928 July 28, 1980; Maico Hearing Instrument., Inc. Motion for an Order Granting In Camera Treatment for CertirJ Exhibit. " September 10, 1980; Audiotone (Lear Siegler, Inc.), untitled letter of August 14, 1980; Siemens HearirJg Instruments Inc. Motiun for Continued Special In Camera Treatment for Douments Containing Non-Party Sales and Profit Data," September 22, 1980; Fidelity Electronics, Ltd., untitled letter of August 20, 1980.

. _ ........ . ,. .LH "".L '' .1.u.1"""''' V'' A.J .L.& AU. Interlocutory Order camera record of this proceeding shall remain in camera for an indefinite interim period, and It is further ordered That the movants should file arguments within ten (10) days of the issuance of this order showing good cause why the in camera information should not be placed on the public record. If complaint counsel choose to do so, they may also fie a statement on the in camera status of the exhibits in question within the same period of time.

Complaint 100 F.