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arb i trators shall ccmnence a hearing on the rate change pro- posed by Grantee. (c) The hearing shall be recorded and may be transcribed at the request and expense of either party. All hearing pro- I I' i I I I I I ! I ! (b) Within fifteen (15) days after appointment of all arbitrators and upon ten (10) days written notice to parties, the " I: ceedings, debates and deliberations shall be open to the public. City, and Grantee and at such times and places as : ~ contained in the notice or as thereafter publicly stated in the order to adjourn. (d) The arbitration panel shall be required to approve. reject or mcxlify the rate change prOIXJsed by Grantee according to the standards established in this Franchise. (e) At the close of the hearings and within thirty (30) days. the arbitrators shall prepare written findings and made a written decision agreed upon by a majority of the arbitrators which shall be served by mail upon City and Grantee. (f) The decision of a majority of the arbitrators shall be binding upon both parties. provided that either party may pursue any judicial re:nedies otherwise available to either party . (g) Should the rate change be rejected or modified by a majority of the arbitrators. the Grantee shall within ninety (90) days and pursuant to procedures established by Grantee refund the rate overage to affected subscribers. (h) Either party may also seek judicial relief to the extent authorized under Minnesota Stacutes. 5572.09 and 5572.19 as the same may be amended. and in addition. lD:lder the following circunstances: (i) A party fails to select an arbitrator; (ii) The arbitrators fails to select a third arbitrator; (iii) One or roc>re arbitrator is tmqualified; :1 i! (iv) Designated time limits have been exceeded; (v) The arbitrators have not proceeded expeditiously; or (vi) Based upon the record the arbitrators abused their discretion. i I I I 1 I, - 8 -