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During the period of this stay, Operator must deposit in an interestbearing escrow  xaccount the total amount that the City has ordered Operator to refund to its customers in Order 9802 and  xmust accumulate in the escrow account the difference between the rates ordered by the City and the rates  xcharged customers during the pendency of the underlying petition for review of the City's local rate order.  xAlternatively, Operator may elect to post a bond for the benefit of the City. The amount of the bond shall  x.be the total amount of money the City has ordered Operator to refund to its customers plus an estimate  x=of the additional amount that will accumulate on the basis of the difference between the rates ordered by  x[the City and the rates charged customers until Century's next annual rate adjustment is scheduled to take  xeffect, plus interest. The bond shall provide that, if operator is unable to fulfill its refund obligation for any reason, then the surety will fulfill that obligation to the City on behalf of Operator's subscribers.  S(- ` x5.` ` Although the City is concerned that subscribers who may be overpaying may not be the  xsubscribers who ultimately receive refunds, the Commission's rules permit operators to implement refunds  xeither by returning overcharges directly to subscribers who actually paid the overcharges or by a  S- xprospective reduction in rates for current subscribers by means of a specifically identified, one time credit.<z yO#-ԍ47 C.F.R. 76.942(d).<  xBecause Operator can choose to make refunds by means of credits to the thencurrent class of subscribers, a delay in implementing refunds does not create a harm recognized under the Commission's rules.  S - ` x6.` ` In addition, in resolving complaints about rates for cable programming services tiers, the"  ,`(`(88!"  xCommission has found that the public interest would be served by holding refund liability in abeyance  S- xwhile reviewing an operator's claim that it is subject to effective competition. {O@- xxԍSee Time Warner Cable, 13 FCC Rcd 13190 (Cab. Serv. Bur. 1998); Time Warner Cable, 13 FCC Rcd 11882 (1998). The Commission explained  xthat there is an administrative burden on the operator in implementing a refund plan, which it seeks to  xavoid, if the operator's petition is subsequently granted. The instant proceeding involves a rate rollback  xin addition to a refund. A stay in the circumstances in this proceeding would similarly serve the public interest.  S- ` x7.` ` Accordingly, IT IS ORDERED that the Emergency Petition for Stay of Enforcement  x[Pending Review filed by Century Cable of Northern California Inc. IS GRANTED pending resolution of Century's appeal of Order 9802 on the merits.  SH - ` Rx8.` ` IT IS FURTHER ORDERED that the total amount of money the City has ordered  xOperator to refund to consumers SHALL BE PLACED in an interest bearing escrow account and that  x.Operator SHALL ACCUMULATE in this account on an ongoing basis the difference between the rates  xordered by the City and the rates charged customers during the pendency of the underlying appeal.  xAlternatively, Operator SHALL SECURE this amount by posting a bond for the benefit of the City for  xthe total amount of money that the City has ordered Operator to refund to its customers, plus an estimate  x=of the additional amount that will accumulate on the basis of the difference between the rates ordered by  xthe City and the rates charged customers until Operator's next annual rate adjustment is scheduled to take  xeffect, plus interest for the period covered by this bond at the prevailing U.S. Internal Revenue Service  xRate for tax refunds and additional tax payments. Proof of Operator's compliance with this Order shall be filed with the Commission within thirty (30) days of the release of this Order.  Sh- ` #x9.` ` This action is taken by the Associate  w%H> Chief, Cable Services Bureau, pursuant to authority delegated by section 0.321 of the Commission's rules. 47 C.F.R.  0.321. x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@Marjorie Reed Greene x` `  hh@Associate Chief, Cable Services Bureau