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12 <br />-9- <br />calculations in the 2002 FCC 1240 filing. This will prevent fixture BST maximum rates <br />from being over inflated. <br />D. Proceeding <br />1. The franchise authority must either approve or deny the operator's FCC 1240 BST <br />maximum permitted rate request, finding the rate to be either reasonable, or not <br />reasonable. This determination must be based upon a finding of fact. The franchise <br />authority should adopt the consultant's report as its own, and the public must be . <br />granted an opportunity to offer comment on the matter. It is suggested that a public <br />comment period on the matter coincide with a regular public meeting. <br />2. A rate order, conveying approval is attached. To be valid, the order must be executed <br />following the conclusion of <br />a. A public meeting where the County grants interested parties an opportunity to <br />comment; and <br />b. Adoption by the County of the report as its own - required by FCC rules (this <br />requires a motion to adopt, and a vote). <br />I. It is appropriate for public comment to be heard, as related to BST rate issues, at the <br />time the County meets to deliberate upon this matter. A statutory public hearing is <br />not required. It is customary to call for a public comment in these matters. The <br />comment period may be publicized by issuing a press release to the print and electronic <br />media. It may also be announced in other appropriate ways. The company must be <br />notified of the public meeting and advised to have a representative present to offer <br />comment. <br />Action Audits, LLC Franchise Fee U-Tax Auditin 8t Telecommunication. Administration <br />101 Pocono Lane, Cary, North Carolina 27513-5316 Voice # 919.467.5392 Fax # 919.460.6868