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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No. EB-02-TC-
046
)
Century Communications ) CUID No. CA1226 (Chino)
)
Refund Plan )
ORDER
Adopted: May 6, 2002
Released: May 8, 2002
By the Chief, Enforcement Bureau:1
1. In this Order we consider the refund plan filed by the
above-referenced operator ("Operator") in the above-referenced
community pursuant to the Order, DA 97-8422 ("Refund Order").3
Our review of Operator's refund plan4 reveals that the refund
plan does not fulfill the requirements of the Refund Order.
Operator did not calculate the correct overcharge for the first
three months of refund liability and began its refund liability
calculation at a later date than required by the Refund Order. We
calculate Operator's refund liability as follows: For the period
from June 3, 19965 through August 31, 1996, we calculate an
overcharge of $0.18 per month per subscriber; for the period from
September 1, 1996 through May 31, 1997 we calculate an overcharge
of $0.04 per month per subscriber. Our total calculation,
including five percent franchise fees plus interest on the
overcharges and franchise fees through April 30, 2002, equals
$9,630.94. We order Operator to refund this amount, plus any
additional interest accrued to the date of refund, to its CPST
subscribers within 60 days of the release of this Order.
2. Accordingly, IT IS ORDERED that Operator's refund plan
IS NOT APPROVED.
3. 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 $9,630.94, plus interest accruing from April 30,
2002 to the date of refund, within 60 days of the release of this
Order.
4. 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.
5. 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 Century Communications, DA 97-842, 12 FCC Rcd
24465 (CSB 1997). In the Refund Order, the CUID No. for Chino
Hills was listed as CA1227. The correct CUID No. is CA1226.
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 Operator calculated a total refund liability of $3,709.37.
5 June 3, 1996 is the date the first valid subscriber complaint
against the June 1, 1996 CPST rate increase was filed with the
local franchising authority.