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

In the Matter of                   )    CUID Nos.      WI0043 (Janesville)
                              )              WI0066 (Hartford)
Marcus Cable Partners, L.P.             )              WI0265 (West Allis)
                              )              WI0604 (La Crosse)
Refund Plan                        )              WI0659 (Mishicot)


                              ORDER

      Adopted:  November 30, 1998                      Released:  December 3, 1998  

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

     1. In this Order we consider the refund plan filed by the above-referenced operator ("Operator")
for its cable programming services tier ("CPST") in the above-referenced communities, pursuant to our order
In the Matter of Crown Cable Wisconsin, Inc. ("Refund Order").  Our review of Operator's refund plan
reveals that the refund plan does not fulfill the requirements of the Refund Order.

     2. In the Refund Order, we required Operator to determine the overcharges to CPST subscribers
for the period stated in the Refund Order and file a report with the Chief, Cable Services Bureau, stating the
cumulative refund amount determined (including franchise fees and interest), describing the calculation
thereof, and describing its plan to implement the refund within 60 days of Commission approval of the plan. 
We required Operator to "refund to subscribers. . . that portion of the amounts paid . . . which exceeded that
maximum price."  

     3. In its refund plan, Operator first calculates a total "FCC permitted" revenue amount by
multiplying the maximum permitted rate ("MPR") from the Refund Order by the number of subscribers
within a time period and then comparing that to the "total revenue earned" for that period.  We find
Operator's methodology flawed and not an acceptable response to the Refund Order.  Although the
overcharge per subscriber per month for each community ranged from $0.21 to $0.66, Operator managed
to calculate no refund liability in two of the above-referenced communities.

     4. Because Operator has been ordered to file a refund plan to account for CPST overcharges
calculated in the Refund Order, and has failed to do so, we have calculated the total refund amount due from
Operator to the CPST subscribers in the communities referenced above.  Our calculations take into account
Operator's overcharges to subscribers for the period beginning with the date the first valid complaints were
filed with the Federal Communications Commission ("Commission") (as listed in the Appendix to the
Refund Order) through May 14, 1994, with interest calculated through December 31, 1998.  Our calculations
result in a total refund liability of  $31,052.67.  We order Operator to refund this amount plus franchise fees
to its CPST subscribers within 60 days of the release of this order.

     5. ACCORDINGLY, IT IS ORDERED, pursuant to Section 76.962 of the Commission's rules,
47 C.F.R. 76.962, that Operator's Refund Plan IS NOT ACCEPTED.

     6. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's rules, 47 C.F.R.
76.961, that Operator shall refund to subscribers in the franchise areas referenced above the total amount
of $31,052.67 within 60 days of the release of this Order.

     7. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C.F.R.
76.962, that Operator file a certificate of compliance with the Chief, Cable Services Bureau, within 90 days
of the release of this Order certifying its compliance with this Order.

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

                         FEDERAL COMMUNICATIONS COMMISSION 



                         Margaret M. Egler
                         Acting Chief, Financial Analysis and Compliance Division
                                        Cable Services Bureau

                             APPENDIX

                                 

CUID NO.       COMMUNITY PRINCIPAL      INTEREST  TOTAL

WI0043         Janesville          $9,293.62      $2,933.43 $13,227.05
WI0066         Hartford       $2,199.88 $   937.60     $  3,137.48
WI0265         West Allis          $8,849.87 $3,739.85 $12,589.72
WI0604         La Crosse      $  114.24 $    48.29     $    162.53
WI0659         Mishicot       $1,349.78 $   586.14     $  1,935.89

TOTALS                        $21,807.39     $9,245.61 $31,052.67