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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554
                                
In the Matter of                        )    File  No.  EB-02-TC-
046
                              )
Century Communications             )    CUID No.  CA1226 (Chino)
                                        )              
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") in  the  above-referenced 
community pursuant to  the Order, DA  97-8422 ("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  correct overcharge for the  first 
three months of refund liability  and began its refund  liability 
calculation at a later date than required by the Refund Order. We 
calculate Operator's refund liability as follows: For the  period 
from June  3, 19965  through  August 31,  1996, we  calculate  an 
overcharge of $0.18 per month per subscriber; for the period from 
September 1, 1996 through May 31, 1997 we calculate an overcharge 
of  $0.04  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 
$9,630.94.  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.
  
     2. Accordingly, IT IS  ORDERED that  Operator's refund  plan 
IS NOT APPROVED.

     3. 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 $9,630.94, plus interest accruing from April  30, 
2002 to the date of refund, within 60 days of the release of this 
Order.

     4. 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.

     5. 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 In the Matter of Century Communications, DA 97-842, 12 FCC  Rcd 
24465 (CSB 1997).  In  the Refund Order, the  CUID No. for  Chino 
Hills was listed as CA1227.  The correct CUID No. is CA1226. 

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 Operator calculated a total refund liability of $3,709.37.

5 June 3, 1996 is the  date the first valid subscriber  complaint 
against the June 1,  1996 CPST rate increase  was filed with  the 
local franchising authority.