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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No. EB-02-TC-106
) File Nos. )
CUID Nos. ) CUID No. TX0397 (Borger)
)
) EB-02-TC-021 )
SC0065 (Laurens)
Marcus Cable Associates, LP
) EB-02-TC-041
SC0123 (Mauldin)
) EB-02-TC-022
MO0079 (Florissant)
Refund Plan )
ORDER
Adopted: October 30, 2002 Released:
October 31, 2002
By the Chief, Enforcement Bureau:
1. In this Order we consider the refund plan for the
above-referenced community filed on October 9, 2002 by the above-
referenced operator ("Operator")1 pursuant to Order, DA 02-17022
("Refund Order").3 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 The term "Operator" includes Operator's predecessors and
successors in interest.
2 In the Matter of Marcus Cable Associates,LP, DA 02-1388 (EB,
released June 17, 2002).
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, Enforcement 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 $72,248.44.