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                                Before the
                     Federal Communications Commission
                          Washington, D.C. 20554


                  )
In the Matter of  )
                  )
Comcast Cablevision                    )     CUID No.   IN0126 (City of Fort Wayne)
                                 )           
Refund Plan         )       


                                   ORDER

  Adopted:  May 27, 1998                     Released:  May 29, 1998   

By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau:

  1.    In this Order we consider the refund plan filed by the above-captioned operator
("Operator") in the above-captioned community pursuant to our order In the Matter of Comcast
Cablevision ("Refund Order").  Our review of Operator's refund plan reveals that the refund plan
does not comply with the requirements of the Refund Order.
  
  2.     In its refund plan, Operator does not comply with the Refund Order's requirement that
"Operator shall refund to subscribers in the franchise area referenced above that portion of the amount
paid in excess of the maximum permitted [cable programming service tier ("CPST")] rate of $16.94
per month (plus franchise fees), plus interest to the date of the refund, for the period November 3,
1997, the date of the first subscriber complaint, through the day before Operators implements the
maximum permitted CPST rate of $16.94."  Operator has failed to file a refund plan which provides
for subscriber refunds in accordance with the Refund Order and, consequently, Operator's refund plan
violates Section 76.961 of the Commission's rules.  We, therefore, determine that Operator's refund
plan is unacceptable and that Operator has failed to comply with the Refund Order.  Operator shall
have thirty days from the release of this Order to resubmit a refund plan which complies with the
Commission's rules, this Order, and the Refund Order. 

  3.     Accordingly, IT IS ORDERED, pursuant to Section 76.962 of the Commission's Rules,
47 C.F.R. Section 76.962, that Operator's refund plan IS NOT ACCEPTED.

  4.     IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's Rules, 47
C.F.R. Section 76.961, that Operator revise its refund plan as detailed herein and resubmit its plan to
the Chief, Cable Services Bureau, within thirty days of the release of this Order.

  5.     This action is taken under delegated authority pursuant to Section 0.321 of the
Commission's Rules, 47 C.F.R. Section 0.321.


  FEDERAL COMMUNICATIONS COMMISSION 



  Elizabeth W. Beaty
  Chief, Financial Analysis and Compliance Division
  Cable Services Bureau