Potomac, the operator of a cable television system by virtue of a non-exclusive franchise granted by the City in 1995, is suing the City. In its complaint, Potomac alleges that the City is now offering cable television services directly to city residents via a fiber-optic cable network that the City has constructed. Potomac asserts that the City's operation of the cable television system is unlawful because the city council's decision to start its own cable service was made in a meeting closed to the public in an executive session and that it should have been decided and voted on by the City Council in a public meeting. In your first short answer for this assignment, based on the informal rule making procedures described as "notice and comment," explain whether or not Potomac will win its lawsuit. Then, in your second short answer, explain the 3 separate concerns to keep in mind with "notice and comment" rulemaking.