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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554
                                
In the Matter of                        )    File  No.  EB-02-TC-
     012                                          )
Marcus Cable Partners, LP               )    CUID   No.    WI0659 
(Mishicot)
                              )
Refund Plan                        )              
               
     

                              ORDER

       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")2 
in the above-referenced community pursuant  to the Order, DA  97-
11403 ("Refund Order").4  Our review of  Operator's refund  plan5 
reveals that the refund plan does not fulfill the requirements of 
the Refund  Order. Operator  requests  that we  allow  intra-tier 
offsets  across  time  periods  when  there  is  only  one  cable 
programming  services   tier   ("CPST").   This   would   require 
subscribers to  pay for  undercharges  that did  not  necessarily 
benefit them.  Cross-period  offsets could allow  an operator  to 
market a service by undercharging and then pass on that cost to a 
subsequent group of  subscribers.  Our  mandate is  to review  an 
operator's actual  CPST rates.  In doing  so, we  ensure that  an 
operator has correctly calculated, and is not charging above, its 
maximum permitted rate ("MPR").  We approve an operator's  actual 
CPST rate if  it is  equal to  or lower than  the MPR  as of  the 
effective date of the MPR.  If an operator chooses to charge less 
than its calculated MPR at one  point in time, it cannot make  up 
the difference at a different time  by charging in excess of  its 
calculated MPR.    Operator's refund  plan  would require  us  to 
approve  Operator's   acknowledged  overcharging   of  its   CPST 
subscribers which, we  cannot do.  Therefore,  we will not  allow 
Operator to offset  its CPST overcharges  with CPST  undercharges 
from a different time period.

     2.   Our review of the Refund  Order and the record  reveals 
that a single complaint was  filed against Operator's CPST  rates 
on November 22, 1993.   In the Refund  Order, the Cable  Services 
Bureau found  that  Operator  justified  its  actual  CPST  rates 
beginning October 1,  1994.  As  there were  no valid  complaints 
received against Operator's CPST rates after October 1, 1994,  we 
calculate Operator's refund  liability only for  the period  from 
May 15, 1994 through September 30, 1994.

     3.   We calculate  Operator's refund  liability as  follows: 
For the  period from  May  15, 1994  through  July 14,  1994,  we 
calculate an overcharge of  $0.66  per month per subscriber;  and 
for the period from July 15, 1994 through September 30, 1994,  we 
calculate an overcharge  of  $0.10 per  month per subscriber,  in 
accordance  with  the  Refund  Order.   Our  total   calculation, 
including three  percent  franchise  fees  and  interest  through 
February 28, 2002, equals $3,088.38. We order Operator to  refund 
this amount, plus any  additional interest accrued from  February 
28, 2002 to the date of refund, to its CPST subscribers within 60 
days of the release of this Order.

     4.   Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 
0.311 and 76.962 of the  Commission's rules, 47 C.F.R.   0.111, 
0.311 and 76.962, that Operator's Refund Plan IS NOT ACCEPTED.

     5. IT IS FURTHER ORDERED, pursuant to Sections 0.111,  0.311 
and 76.962 of the Commission's  rules, 47 C.F.R.  0.111,  0.311 
and 76.962, that  Operator shall  refund to  subscribers in  the 
franchise area referenced  above the total  amount of  $3,088.38, 
plus interest  accruing from  February 28,  2002 to  the date  of 
refund, within 60 days of the release of this Order.

     6. IT IS FURTHER ORDERED, pursuant to Sections 0.111,  0.311 
and 76.962 of the Commission's  rules, 47 C.F.R.  0.111,  0.311 
and 76.962, that Operator 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.


                              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  predecessors  and 
successors in interest.

3 See In the Matter of Marcus Cable Partners, LP, DA 97-1140,  12 
FCC Rcd 23354 (CSB 1997).

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 Operator calculated a total refund liability of $2,863.00.