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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No. EB-02-TC-
035
)
Charter Communications ) CUID No. IN0194 (New
Albany)
)
Refund Plan )
ORDER
Adopted: September 4, 2002 Released:
September 6, 2002
By the Chief, Enforcement Bureau:1
1. In this Order we consider the refund plan filed on
August 23, 2002 by the above-referenced operator ("Operator")2
pursuant to Order, DA 02-10553 ("Refund Order").4 Our review of
Operator's refund plan5 reveals that the refund plan fulfills the
requirements of the Refund Order provided Operator accrues
interest up to the date of the refund.
2. Accordingly, IT IS ORDERED that Operator's refund plan
IS APPROVED AS MODIFIED HEREIN, 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 Charter Communications, DA 02-1055, 17 FCC Rcd
8341 (EB 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.