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so under FCC rules. <br /> <br />III Public Hearings <br /> <br />18. Under Article Iii, Section 4.c) within 90 days of a rate filing or a <br />petition for rate change7 the City shall hold an appropriate public hearing to <br />consider the proposed rate change~ at wnich hearing, all persons desiring to be <br />heard~ including the Franchisee, shall be heard on ~ly matter, including but not <br />limited to, the performance o~ this Franchisee, the Franchisee's services and the <br />proposed new rates. <br /> <br />19. If a federally mandated deadline to issue a final rate order should occur <br />in less than the 90 days of submission of the complete filing or petition, the <br />0ublic hearing will be held prior to issuing the Rate Order. <br /> <br />20. Under Section 4.d. upon notice o~ a public hearing as provided in Section <br />4.c. the Franchisee shall notify its subscribers of the time~ place and subject <br />matter of the public hearing by ~nouncement on at least two (2) active channels <br />of the system between the hours of 7:00 pm and ~:00 pm. ~or at least 5 (five) <br />consecutive days prior to the hearing. <br /> <br />21. In addition, the City shall give, Under Ar'ticie Iil7 Section 4, d.7 notice <br />of any public hearing shall be published in a newspaper o~ general circulation <br />at least once, but may be published two (2) or ~ore times~ provided that one <br />0ublication occurs not less than seven (7) nor more than twenty-one (21) days <br />before the public hearing. <br /> <br />IV Basis ~or Consideration <br /> <br />22. Under Section 4.e., the City shall consider, inter alia, the following <br />factors in approving or disapproving the petition for rates to the full extent <br />allowable under federal law: <br /> <br />1. ]'he ability of the Franchisee to render system service or derive a <br />reasonable profit therefrom under the existing rate schedule and under the <br />proposed rate schedule; <br /> <br />2. the revenues and profits or losses derived from System services; <br /> <br />3. the efficiency of the Franchisee <br /> <br />4. the quality of service offered by the Fnanchisee <br /> <br />5. the original cost of the System less depreciation~ as mope fully <br />spelled out in, but not limited to, Schedules A,C and D of Form 393 <br /> <br /> fair rate of return with respect to the Franchisee's total <br />investn~ent, currently established at 11.25% by the FCC; and <br /> <br />7. the extent to which the Franchisee has adhered to the terms of the <br />Franchise Agreement, and all applicable federal rules. <br /> <br />23. Under Article Iti? Section 4.e. the City shall not consider in its <br />valuation basis this franchise or the Franchisee's good will and these ite~s <br /> <br /> <br />