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B. If the County extends the period for its review by ninety (90) days for a <br />benchmark showing or one-hundred-and-fifty (150) days for a cost of service showing <br />or for a longer period as allowed by FCC Rate Regulations, the period for comment <br />by interested parties shall be extended for a twenty (20) day period commencing on <br />the day the written decision extending the time period is issued. The Franchisee may <br />respond to comments by interested parties during such comment period and for five <br />(5) days thereafter. <br /> <br /> C. If the County or its rate consultant prepares a public document analyzing <br />the Rate Filing, such document shall be made available to the Franchisee. The <br />Franchisee shall have three days, or such longer period as specified by the County, to <br />file a response with the County. Prior to prescribing a rate or a refund, the County <br />shall provide the Franchisee with an opportunity to comment on the proposed rate or <br />refund. <br /> <br /> D. Notice of the public comment period for interested parties shall be <br />provided in accordance with local law. <br /> <br /> SECTION 3. Authority of County Manager to Implement FCC Rate <br />Regulations. The County Manager or his designee is authorized on behalf of the <br />County to execute and file with the FCC such submissions as are now, or may <br />hereafter, be required by FCC Rate Regulations in order to regulate Basic Service <br />Rates and Charges and to establish any additional procedures for the County and the <br />Franchisee in conformity with FCC Rate Regulations. The County may utilize a rate <br />consultant to advise it on proposed rate changes and to assist it in the procedures and <br />the standards for review adopted by the FCC. A rate consultant may be any person <br />who has sufficient background and experience, in the sole opinion of the County, to <br />properly evaluate and analyze rates and charges. <br /> <br /> SECTION 4. Proprietary Information. A. If these provisions, or any request for <br />information requires the production of proprietary information, the Franchisee is required to produce <br />the information. However, a Franchisee may request that specific, identified portions of its response <br />be treated as confidential and withheld from public disclosure. The Franchisee must state the reasons <br />why the information should be treated as proprietary and the facts that support those reasons. The <br />request for confidentiality will be granted if the County determines that nondisclosure is consistent <br />with the provisions of the Freedom of Information Act, 5 U.S.C. Section 552, FCC Rate Regulations, <br />and the State Law, where applicable. If the Franchisee requests confidentiality and the request is <br />denied, (1) where the Franchisee is proposing a rate increase, it may withdraw the proposal, in which <br />case the allegedly proprietary information will be retumed to it; or (2) the Franchisee may seek review <br />within five (5) working days of the denial in any appropriate forum. Release of the information will <br />be stayed until such time as disclosure is required by law. <br /> <br /> <br />