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Burlington Telecom's Response to DPS Third Set of Information Requests Docket No. 7044 December 11, 2009 STATE OF VERMONT PUBLIC SERVICE BOARD Docket No. 7044 Petition of City of Burlington d/b/a Burlington Telecom, ) For a certificate of public good to operate a cable ) television system in the City of Burlington, Vermont) (In Re: Petition to amend Condition No. 17 of CPG by) enlarging the date by which Burlington Telecom must) complete its system build out ) ) CITY OF BURLINGTON d/b/a BURLINGTON TELECOM'S RESPONSE TO THIRD SET OF DISCOVERY NOW COMES the City of Burlington d/b/a Burlington Telecom (“Burlington Telecom” or “BT”) and pursuant to Rules 26, 33 and 34 of the Vermont Rules of Civil Procedure, made applicable to this, proceeding by Vt. P.S.B. Rule 2.214, hereby responds to the Third Set of Discovery Requests served ‘upon Burlington Telecom by the Department of Public Service (the “Department” or “DPS”), dated ‘November 20, 2009 as follows: Burlington Telecom's Response to DPS Third Set of Information Requests Docket No. 7044 December 11, 2009 1 Please provide a complete copy of BT’s most current business plan. Please also provide a complete copy of the two most recent prior versions of BT’s, business plan. Objection: This discovery request, to the extent it seeks a complete copy of BT’s most current business plan, calls for the disclosure of proprietary and competitively sensitive information in the nature of a trade secret, the public disclosure of which could be detrimental to Burlington Telecom’s business. Without waiving the foregoing or any other objection, Burlington Telecom responds as follows: Response: Burlington Telecom submits a copy of draft base case and base case with expansion pro formas and assumptions, which are the working models that inform the business plan, as BT Exhibit Response DPS 3-1 under seal pursuant to the Protective Agreement filed with the Public Service Board (“Board”) on November 25, 2008, and adopted by Order of the Board on December 4, 2008 (hereinafter “Protective Agreement”). This is a working document. BT is in the process of creating a narrative “business plan,” and will supplement this response once the plan is completed and adopted. a, Attached hereto as BT Exhibit Response DPS 3-1a is the business plan submitted in the original Docket No. 7044 proceeding. Person Responsible for Response: Christopher Burns Title: Burlington Telecom General Manager Date: December 11, 2009 Burlington Telecom’s Response to DPS Third Set of Information Requests Docket No. 7044 December 11,2009 2, When did BT first realize that it was in violation of condition 60? Response: Burlington Telecom first realized in November 2008 that it was in violation of Condition 60, Person Responsible for Response: Christopher Burns ‘Title: Burlington Telecom General Manager Date: December 11, 2009