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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554
In the Matter of                        )    File No. EB-02-
Suburban Cable TV Company, Inc.         )   CUID No.   
PA1946 (New Britain)
Refund Plan                        )     


          Adopted:  July 16, 2002                           
Released:  July 17, 2002        

By the Chief, Enforcement Bureau: 1

     1.   In this Order we consider the refund plan filed by 
the  above-referenced  operator   ("Operator")  pursuant  to 
Order,  DA  95-12302  ("Refund  Order").3    Our  review  of 
Operator's refund plan reveals that the refund plan does not 
fulfill  the requirements  of  the  Refund Order.   Operator 
attempted to  offset its CPST refund  liability with alleged 
undercharges for  basic services  tier ("BST")  services and 
equipment.  The Commission addressed the issue of inter-tier 
offsets  in Cencom  Cable Income  Partners ("Cencom").4   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]5  that cable operators should 
not balance  low BST rates  with CPST rates that  exceed the 
maximum permitted  rate for the tier."6   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 January 6, 1994  (the date of 
the  first  valid  complaint)   through  May  14,  1994,  we 
calculate an  overcharge of $0.41 per  month per subscriber, 
in accordance with the Refund Order.  Our total calculation, 
including franchise fees plus interest through June 30, 2002 
equals $8,022.00.  We order  Operator to refund this amount, 
plus any additional  interest accrued from June  30, 2002 to 
the date of  refund, to its CPST subscribers  within 60 days 
of the release of this Order.
     4. Accordingly,  IT IS  ORDERED that  Operator's refund 

     5. 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 $8,022.00, plus interest accruing 
from June 30, 2002 to the  date of refund, within 60 days of 
the release of this Order.

     6. 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.

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


                         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 Suburban  Cable TV Co., Inc., DA 95-1230, 
10 FCC  Rcd 6504 (CSB  1995).  The  CUID No. PA1947  used in 
that  order is  no longer  in  effect and  the community  is 
identified by CUID No. PA1946.

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 plan.

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

5 8 FCC Rcd 5631 (1993).

6 Cencom at 22 (footnote omitted).