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 Federal  Communications  Commission  DA  01-  431 
 Before  the 
 Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  ) 
 ) 
 TCI  Cablevision  of  California,  Inc.  )  CUID  No.  CA0282  (City  of  South  San 
 Francisco) 
 ) 
 Refund  Plan  ) 


 ORDER 
 Adopted:  February  14,  2001  Released:  February  16,  2001 
 By  the  Acting  Chief,  Financial  Analysis  and  Compliance  Division,  Cable  Services  Bureau: 
 1.  In  this  Order  we  consider  the  refund  plan  filed  on  May  19,  1997  by  the  above-  referenced 
 operator  ("  Operator")  in  the  above-  referenced  community  pursuant  to  our  Order,  DA  97-  576  1  ("  Refund 
 Order").  2  In  reviewing  Operator’s  refund  plan  and  the  accompanying  rate  cards,  we  discovered  that 
 Operator’s  total  overcharges  are  de  minimis  and  it  would  not  be  in  the  public  interest  to  require  Operator  to 
 refund  the  overcharges.  Therefore,  we  will  dismiss  Operator’s  refund  plan  as  moot  and  Operator  is  not 
 required  to  refund  any  overcharges  pursuant  to  the  Refund  Order. 


 2.  Accordingly,  IT  IS  ORDERED,  pursuant  to  Section  76.962  of  the  Commission’s  rules,  47 
 C.  F.  R.  §  76.962,  that  Operator's  refund  plan  IS  DISMISSED  AS  MOOT. 


 3.  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  Cablevision  of  California,  Inc.,  DA  97-  576,  13  FCC  Rcd  4093  (1997). 
 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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