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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554
                                
In the Matter of                        )    File No.   EB-02-TC-
077
                              )
Charter Communications             )    CUID No.  CA0249 (Malibu)
                                        )              
Refund Plan                        )     


                              ORDER

          Adopted:  June 14, 2002                           
Released:  June 17, 2002      

By the Chief, Enforcement Bureau:1

     1.   In this Order we consider the amended refund plan filed 
on May 3, 2002 by the above-referenced operator ("Operator")2  in 
the above-referenced  community  pursuant to  Order,  DA  99-2463 
("Refund Order").4  Our review of Operator's refund plan5 reveals 
that the  refund plan  fulfills the  requirements of  the  Refund 
Order. 
  
     2. Accordingly, IT IS  ORDERED that  Operator's refund  plan 
IS APPROVED and IT IS FURTHER ORDERED, pursuant to Section 76.962 
of the  Commission's rules,  47 C.F.R.  § 76.962,  that  Operator 
implement its refund plan within 60  days of the release of  this 
Order.

     3. 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.

     4. 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  predecessors  and 
successors in interest.

3 In the Matter of Falcon Cablevision, DA 99-246, 14 FCC Rcd 2135 
(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 Operator calculated a total refund liability of $6,703.79.