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

In the Matter of  )
                  )  CUID Nos.TX0397 (Borger)
Marcus Cable Associates, L.P. )            TX0647 (Benbrook)
                                           )           TX0711 (Kennedale) 
Refund Plan             )     TX0761 (Lake Worth)
                  )     TX0576 (Haltom City)
                  )     TX1214 (Burleson)
                  )     TX0550 (Mansfield)
                  )     TX1215 (Edgecliff) 

                                     
                                   ORDER

      Adopted:  February 18, 1998                      Released:  February 26, 1998   

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

      1.    In this Order we consider the refund plans filed by the above-captioned operator
("Operator") in the above-captioned communities pursuant to our orders listed in Appendix A  
("Refund Orders"). Our review of Operator's refund plans reveals that the refund plans do not
comply with the requirements of the Refund Orders.
      
      2.     In each of its refund plans Operator states that it does not dispute the Commission's
findings regarding its CPST rates, however, Operator raises an issue which Operator believes requires
a calculation of the refund amount which differs from the calculation prescribed in the Refund Orders. 
Operator did not file petitions for reconsideration or applications for review of the Refund Orders. 
Consequently, Operator is now attempting to raise in its refund plans an issue concerning inter-tier
offsets that it failed to properly place before the Commission in accordance with the Commission's
Rules.    

      3.     Specifically, Operator argues, in its refund plans, that it is entitled to offset its
undercharges on its basic service tier ("BST") with its overcharges on its cable programming services
tier ("CPST").  The Commission has addressed the issue of inter-tier offsets in Cencom Cable Income
Partners ("Cencom").  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] that cable operators should not
balance low BST rates with CPST rates that exceed the maximum permitted rate for the tier."  
Based on the Commission's holding in Cencom we have determined that Operator's refund plans are
unacceptable and that Operator has failed to comply with the Refund Orders.  Operator shall have
thirty days from the release of this Order to resubmit refund plans which comply with this Order and
with the Refund Orders.

      4.     Accordingly, IT IS ORDERED, pursuant to Section 76.962 of the Commission's
Rules, 47 C.F.R. Section 76.962, that Operator's refund plans ARE NOT ACCEPTED.

      5.     IT IS FURTHERED ORDERED, pursuant to Section 76.961 of the Commission's
Rules, 47 C.F.R. Section 76.961, that Operator revise its refund plans as detailed herein and resubmit
its plan to the Chief, Cable Services Bureau, within thirty days of the release of this Order.

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

      FEDERAL COMMUNICATIONS COMMISSION 



      Elizabeth W. Beaty
      Chief, Financial Analysis and Compliance Division
      Cable Services Bureau

APPENDIX A


1. In the Matter of Sammons Communications, Inc., Borger, Texas, CUID TX0397  
   10 FCC Rcd 3816 (1995)

2. In the Matter of Sammons Communications, Inc., Benbrook, Texas, CUID TX0647
   10 FCC Rcd 3824 (1995) 
 
3. In the Matter of Sammons Communications, Inc., Kennedale, Texas, CUID TX0711
   10 FCC Rcd 3826 (1995) 

4. In the Matter of Sammons Communications, Inc., Lake Worth, Texas, CUID TX0761
   10 FCC Rcd 3852 (1995)

5. In the Matter of Sammons Communications, Inc., Haltom City, Texas, CUID TX0576 
   10 FCC Rcd 3854 (1995)    

6. In the Matter of Sammons Communications, Inc., Burleson, Texas, CUID TX1214
   10 FCC Rcd 3818 (1995) 

7. In the Matter of Sammons Communications, Inc., Mansfield, Texas, CUID TX0550
   10 FCC Rcd 3820 (1995)

8. In the Matter of Sammons Communications, Inc., Edgecliff, Texas, CUID TX1215
   10 FCC Rcd 3822 (1995)