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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554
                                 
                                   
In the Matter of                        )    File No. EB-02-
TC-067                                                 )    
Time Warner Cable                  )    CUID    No.   NC0222 
(Rockingham County) 
                              )    
Refund Plan                        )    
                              

                             ORDER  

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

By the Chief, Enforcement Bureau:1

     1.   In this Order  we consider a refund  plan filed by 
the  above-referenced  operator  ("Operator")2  pursuant  to 
Order, DA 99-15043 ("Refund Order").4   In the Refund Order, 
the Cable Services Bureau  found Operator to be overcharging 
$0.36 per subscriber  per month for the  period from January 
23,  1998  (the  date  of  the filing  of  the  first  valid 
complaint)  through  December  31,   1998.   Our  review  of 
Operator's refund plan reveals that the refund plan does not 
fulfill the requirements of  the Refund Order.   Rather than 
calculating  its  refund  liability  for  1998,  the  period 
reviewed  in   the  Refund  Order,  Operator   submitted  an 
additional FCC Form 1240 covering the period January 1, 1999 
through  December  31,  1999,   which  purports  to  true-up 
Operator's 1998 refund  liability.  Operator then calculated 
its refund liability for the1999 overcharges rather than the 
1998 overcharges.

     2.   We have not  reviewed the 1999 FCC  Form 1240, and 
there is no pending complaint requiring us to do so. We will 
not accept  FCC Form  1240s filed  subsequent to  a released 
order  simply to  allow an  Operator to  attempt to  true-up 
refund  liability and  avoid  the payment  of refunds.5   In 
addition, the Bureau  does not have the  resources to review 
additional  filings made  subsequent  to the  release of  an 
order.6    Furthermore,  the   Commission   does  not   have 
jurisdiction  to  review  the rates  for  cable  programming 
services provided  after March  31, 1999,  a period  that is 
within the  year covered  by Operator's subsequent  FCC Form 
1240.   We  cannot assume that Operator  calculated its 1999 
FCC Form  1240 accurately.   If a  review of  the additional 
filing indicated that errors were made in the calculation of 
the 1999  rate, we  would be  without jurisdiction  to order 
refunds after  March 31, 1999.  Indeed,  Operator's proposed 
refund  plan includes  refunds  beyond March  31, 1999.   We 
therefore reject Operator's refund plan.

     3.   We  calculate   Operator's  refund   liability  as 
follows:   For  the period  from  January  23, 1998  through 
December 31, 1998,  we calculate an overcharge  of $0.36 per 
month per  subscriber, in accordance with  the Refund Order.  
Our  total   calculation,  including  franchise   fees  plus 
interest through July 31,  2002 equals $25,146.00.  We order 
Operator to refund this amount, plus any additional interest 
accrued from  July 31, 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 
plan IS NOT APPROVED.

     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 $25,146.00, plus interest accruing 
from July 31, 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 
0.311.

                              FEDERAL         COMMUNICATIONS 
COMMISSION 



                              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  The term  "Operator" includes  Operator's successors  and 
predecessors in interest.
3 In the Matter of Time Warner Cable, DA 99-1504, 14 FCC Rcd 
12150 (CSB 1999).

4  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.
5 See,  e.g., In the Matter  of Cableone, DA 02-522,  17 FCC 
Rcd 4300 (CSB 2002).
6 Operator was  informed by letter that  its methodology was 
unacceptable, but failed to file an appropriate refund plan.  
See  letter dated  September 22,  1999 to  Jack W.  Stanley, 
President,  Greensboro Cable  Division,  Time Warner  Cable, 
from Patrick  A. Boateng,  Acting Chief,  Financial Analysis 
and Compliance Division, Cable Services Bureau.