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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No. EB-02-
TC-100
)
Suburban Cable TV Company, Inc. ) CUID No.
PA1946 (New Britain)
)
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") pursuant to
Order, DA 95-12302 ("Refund Order").3 Our review of
Operator's refund plan reveals that the refund plan does not
fulfill the requirements of the Refund Order. Operator
attempted to offset its CPST refund liability with alleged
undercharges for basic services tier ("BST") services and
equipment. The Commission addressed the issue of inter-tier
offsets in Cencom Cable Income Partners ("Cencom").4 In
Cencom, the Commission determined that such inter-tier
offsets are "inconsistent with the Commission's conclusion
in the [Implementation of Sections of the Cable Television
Consumer Protection and Competition Act of 1992, Rate
Regulation, MM Docket 92-266, Report and Order and Further
Notice of Proposed Rulemaking]5 that cable operators should
not balance low BST rates with CPST rates that exceed the
maximum permitted rate for the tier."6 Therefore, we will
not allow Operator to offset its CPST overcharges with its
BST undercharges.
2. We calculate Operator's refund liability as
follows: For the period from January 6, 1994 (the date of
the first valid complaint) through May 14, 1994, we
calculate an overcharge of $0.41 per month per subscriber,
in accordance with the Refund Order. Our total calculation,
including franchise fees plus interest through June 30, 2002
equals $8,022.00. We order Operator to refund this amount,
plus any additional interest accrued from June 30, 2002 to
the date of refund, to its CPST subscribers within 60 days
of the release of this Order.
4. Accordingly, IT IS ORDERED that Operator's refund
plan IS NOT APPROVED.
5. 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 $8,022.00, plus interest accruing
from June 30, 2002 to the date of refund, within 60 days of
the release of this Order.
6. 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.
7. 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 Suburban Cable TV Co., Inc., DA 95-1230,
10 FCC Rcd 6504 (CSB 1995). The CUID No. PA1947 used in
that order is no longer in effect and the community is
identified by CUID No. PA1946.
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 See In the Matter of Cencom Cable Income Partners II, LP,
12 FCC Rcd 7948 (1997).
5 8 FCC Rcd 5631 (1993).
6 Cencom at ¶22 (footnote omitted).