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notice shall also include current financials and other infor- other than Basic service rates shall be as outlined above, except. mation as specified in Article Vt. Section 4.. D.(3) (c) that subsequent to the public hearing, should the City fail to disapprove the change of rates. either City or Grantee may ini- (i) Upon review by'City of the information provided in the . bate binding arbitration pursuant to•Minshesota statutes except as notice by Grantee. City may schedule a public hearing on + delineated it the following procedures. the proposed rate increase within two (2) weeks from the Jj (a) The parties shall. within fifteen (15) days of City's failure date of receipt of the notice. Grantee will notify the + to approve the rate Increase. appoint ane (1) arbitrator each public as specified in Article Vl. Section 4.. D.(3) (d). do is experienced and knowledegable in the evaluation and The City will publish notice ten (10) days prior to the analysis of cable rate and charge changes. Arbitrators shall hearing in its official newspaper. j each agree upon the selection of a third arbitrator similarly (ii) After closing the public bearing. City will have thirty- qualified. within fifteen (15) days after appointment of the ane (31) days within which to make any determination second arbitrator. regarding the noticed rate increase; however, any pro- (b) Within fifteen (15) days after appointment of all arbitrators posed change in rates or charges shall become effective and upon ten (10) days written notice to parties. the upon the date specified in the notice of Grantee arbitrators shall hence a hearing on the rate mage pro- regardless of the determination of City. posed by Grantee. (iii) The City may utilize a rate consultant to advise it an (c) The hearing shall be recorded and may be transcribed at the proposed rate changes and to assist it in maintaining request and expense of either party. All hearing pro- uniform rates within the territory. A rate consultant ceedings. debates and deliberations shall be open to the may be a person utw has sufficient background and public. City, and Grantee and at such times and places as experience. in the sole opinion of City. to properly contained in the notice or as thereafter publicly stated in evaluate and analyze rates and charges. the order to adjourn. (iv) All costs for the review of a notice for rate or charge (d) The arbitration panel shall be required to approve. reject or change should be paid by City from the Franchise fee. modify the rate mage proposed by Grantee according to the (5) In the event the law should provide for the regulation of other standards established in this Franchise. than Basic Service rates by City, the procedure for the change of A-10 A-9 7 -