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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554
In the Matter of                        )    File  No.  EB-02-TC-
CableOne, Inc.                     )    CUID No.  TX0024    (Port 
Refund Plan                        )     


          Adopted: May 6, 2002                              
Released: May 8, 2002      

By the Chief, Enforcement Bureau: 1

     1.   In this Order we consider the refund plan filed by  the 
above-referenced operator  ("Operator") in  the  above-referenced 
community pursuant to the  Order, DA 95-10712 ("Refund  Order").3   
Our review of  Operator's refund  plan4 reveals  that the  refund 
plan does  not  fulfill the  requirements  of the  Refund  Order. 
Operator did not calculate the interest correctly.  Operator also 
requested that  we offset  its  cable programming  services  tier 
("CPST")  overcharges  with  its   basic  service  tier   ("BST") 
equipment undercharges.  The Commission  addressed the  issue  of 
inter-tier offsets in Cencom  Cable Income Partners  ("Cencom").5  
In Cencom, the Commission determined that such inter-tier offsets 
are  "inconsistent  with  the  Commission's  conclusion  in   the 
[Implementation of  Sections  of the  Cable  Television  Consumer 
Protection and  Competition  Act  of 1992,  Rate  Regulation,  MM 
Docket 92-266, Report  and Order and  Further Notice of  Proposed 
Rulemaking]6 that  cable operators  should  not balance  low  BST 
rates with CPST rates that exceed the maximum permitted rate  for 
the tier."7  Therefore, we will not allow Operator to offset  its 
CPST overcharges with its BST undercharges.

     2.   We calculate  Operator's refund  liability as  follows: 
For the period  from October  8, 1993  through May  14, 1994,  we 
calculate an overcharge  of $0.14 per  month per subscriber.  Our 
total calculation,  including five  percent franchise  fees  plus 
interest on the overcharges and franchise fees through April  30, 
2002, equals $7,493.00.  We order Operator to refund this amount, 
plus any additional interest  accrued to the  date of refund,  to 
its CPST subscribers within 60 days of the release of this Order.
     3. Accordingly, IT IS  ORDERED that  Operator's refund  plan 

     4. IT IS FURTHER ORDERED, pursuant to Section 76.962 of  the 
Commission's rules,  47  C.F.R.   76.962,  that  Operator  shall 
refund to subscribers in the franchise area referenced above  the 
total amount of $7,493.00, plus interest accruing from April  30, 
2002 to the date of refund, within 60 days of the release of this 

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

     6. This action  is  taken  pursuant to  Sections  0.111  and 
0.311 of the Commission's rules, 47 C.F.R.  0.111 and 0.311.


                         David H. Solomon
                         Chief, Enforcement Bureau


1  Effective   March  25,   2002,  the   Commission   transferred 
responsibility for resolving cable programming services tier rate 
complaints  from  the  former   Cable  Services  Bureau  to   the 
Enforcement Bureau.  See Establishment  of the Media Bureau,  the 
Wireline Competition  Bureau and  the Consumer  and  Governmental 
Affairs Bureau, Reorganization  of the  International Bureau  and 
Other Organizational Changes, FCC 02-10, 17 FCC Rcd 4672 (2002).

2 In the Matter of Post-Newsweek Cable, Inc., DA 95-1071, 10  FCC 
Rcd 9839 (CSB 1995). On July 3, 1997, the Federal  Communications 
Commission received notification, pursuant to 47 C.F.R.  76.400, 
of a change of  operator name from  Post-Newsweek Cable, Inc.  to 
Cable One, Inc.

3 The Refund Order required Operator to determine the overcharges 
to cable programming  service tier ("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 

4 Operator calculated a total refund liability of $6,212.44.

5 See In the  Matter of Cencom Cable  Income Partners II, LP,  12 
FCC Rcd 7948 (1997).

6 8 FCC Rcd 5631 (1993).

7 Cencom at 22 (footnote omitted).