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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.