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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No. EB-02-
TC-051
)
CableOne, Inc. ) CUID No. TX0095
(Livingston)
)
Refund Plan )
ORDER
Adopted: June 14, 2002
Released: June 17, 2002
By the Chief, Enforcement Bureau:1
1. In this Order we reconsider and amend Orders, DA
95-10712 and DA 99-9233 (together "Prior Orders"),
concerning the rates charged by the above-referenced
operator ("Operator")4 for its cable programming services
tier ("CPST") in the community referenced above. In
response to the Prior Orders, Operator filed a letter
requesting that its refund liability be treated as de
minimus. Our review of the Prior Orders and the record
reveals that the total overcharges for the time period under
review are de minimis, and it would not be in the public
interest to order the payment of refunds. Therefore, we
modify the Prior Orders to exclude the requirement for the
payment of refunds.
2. Accordingly, IT IS ORDERED, pursuant to Section
1.106 of the Commission's rules, 47 C.F.R §1.106, that In
the Matter of Post Newsweek Cable, Inc., DA 95-1071, 10 FCC
Rcd 9839 (CSB 1995) and In the Matter of CableOne, Inc., DA
99-923, 14 FCC Rcd 7668 (CSB 1999) ARE MODIFIED TO THE
EXTENT INDICATED HEREIN.
3. 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 Post Newsweek Cable, Inc., 10 FCC Rcd
9839 (CSB 1995).
3 In the Matter of CableOne, Inc., 14 FCC Rcd 7668 (CSB
1999).
4 The term "Operator" includes Operator's successors and
predecessors in interest.