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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No. EB-
02-TC-019
)
Charter Communications ) CUID No. MI0102
(Essexville)
)
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
on June 7, 2002 by the above-referenced operator
("Operator")2 pursuant to Order, DA 02-10533 ("Refund
Order").4 Our review of Operator's refund plan5 reveals
that the refund plan fulfills the requirements of the Refund
Order.6
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 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 Bresnan Communications Company, DA 02-
1053 (EB, released May 8, 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, 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 $7,497.05.
6 In its response to the Refund Order, Operator points out
that the Refund Order contained clerical errors and we
agree. The clerical errors have been corrected and the
Operator has taken these corrections into consideration in
the calculation of refunds for the community at issue.