*Pages 1--1 from Microsoft Word - 12659.doc* Federal Communications Commission DA 01- 2584 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) TCI American Cable Holdings II, L. P. ) CUID No. CA0925 (Burlingame) ) Refund Plan ) ORDER Adopted: November 5, 2001 Released: November 7, 2001 By the Acting Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. In this Order we consider the refund plan filed on August 27, 2001 by the above- referenced operator (" Operator") in the above- referenced community pursuant to our Order, DA 01- 1795 1 (" Refund Order"). 2 Our review of Operator's refund plan reveals that the refund plan fulfills the requirements of the Refund Order. 2. Accordingly, Operator’s refund plan IS APPROVED, and IT IS 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 date 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 file a certificate of compliance with the Chief, Cable Services Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Section 0.321 of the Commission’s rules, 47 C. F. R. § 0.321. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello, Acting Chief Financial Analysis and Compliance Division Cable Services Bureau 1 See In the Matter of TCI American Cable Holdings, II, LP, DA 01- 1795 (released July 27, 2001). 2 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. 1