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 Federal  Communications  Commission  DA  01-  2585 
 Before  the 
 Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  ) 
 ) 
 Bresnan  Communications  Company  )  CUID  No.  MN0001  (Marshall) 
 ) 
 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  October  12,  2001  by  the  above-referenced 
 operator  ("  Operator")  in  the  above-  referenced  community  pursuant  to  our  Order,  DA  01-  2144  1 
 ("  Refund  Order").  2  Upon  review  of  Operator's  refund  plan,  we  corrected  the  subscriber  counts  for  the 
 months  of  March  through  June  1995  in  accordance  with  Operator's  rate  filings;  we  reduced  the  number  of 
 days  for  overcharges  in  March  1995;  and  we  adjusted  the  interest  rates  for  the  refund  periods.  Our 
 adjustments  resulted  in  a  total  refund  liability  of  $9,  576.23  rather  than  the  $8,809.67  calculated  by 
 Operator.  Our  total  includes  franchise  fees  calculated  at  the  rate  of  3  percent  and  interest  calculated 
 through  December  31,  2001.  We  will  order  Operator  to  refund  this  amount  to  its  CPST  subscribers  within 
 60  days  of  the  release  of  this  order. 


 2.  Accordingly,  Operator’s  refund  plan  IS  APPROVED  AS  MODIFIED  HEREIN,  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 


 1  See  In  the  Matter  of  Bresnan  Communications  Company,  DA  01-  2144  (released  September  14,  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. 
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 Federal  Communications  Commission  00-  XXXX 
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 Cable  Services  Bureau 
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