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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No. EB-02-TC-
091
)
Time Warner Cable ) CUID No. NC0052 (High
Point)
)
Refund Plan )
ORDER
Adopted: June 14, 2002
Released: June 17, 2002
By the Chief, Enforcement Bureau:1
1. In this Order we consider the refund plan filed on May
13, 2002 by the above-referenced operator ("Operator")2 in the
above-referenced community pursuant to Order, DA 99-18873
("Refund Order").4 Our review of Operator's refund plan5 reveals
that the refund plan fulfills the requirements of the Refund
Order. Operator included a certificate of compliance with its
refund plan certifying that it has already paid, through
subscriber credits, the full amount of the refund calculated in
its refund plan.
2. Accordingly, IT IS ORDERED that Operator's refund plan
IS APPROVED.
3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the
Commission's rules, 47 C.F.R. � 76.962, that Operator's
certificate of compliance IS ACCEPTED.
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 Time Warner Cable, DA 99-1887 (CSB, released
September 16,1999).
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 $41,603.16.