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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554
                                 
In the Matter of                        )    File No. EB-02-
     TC-085                                            )
Time Warner Cable                  )    CUID    No.   HI0003 
(Hawaii Kai)
                              )
Refund Plan                        )              
               

                              ORDER

       Adopted:  July 16, 2002          Released:   July 17, 
2002                                          

By the Chief, Enforcement Bureau:1

     1.   In this Order we consider the refund plan filed by 
the  above-referenced  operator  ("Operator")2  pursuant  to 
Order,  DA   02-4523  ("Refund   Order").4  Our   review  of 
Operator's  refund  plan5  reveals   that  the  refund  plan 
fulfills  the  requirements  of the  Refund  Order  provided 
Operator accrues interest up to the date of the refund.

     2. Accordingly,  IT IS  ORDERED that  Operator's refund 
plan IS APPROVED provided  operator modifies its refund plan 
to the extent  indicated herein, 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 See  In the Matter of  TCI of Hawaii, Inc.,  DA 02-452, 17 
FCC Rcd 3591 (CSB 2002).

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 
$85,099.12.