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 Federal  Communications  Commission  DA  01-  498 
 Before  the 
 Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  )  CUID  Nos.  HI0033  (Hana) 
 )  HI0034  (Hihei/  Wailea) 
 Time  Warner  Entertainment  Company,  LP  )  HI0035  (Wailuki/  Hahului) 
 )  HI0037  (Makawao/  Pukalani) 
 Refund  Plan  )  HI0087  (Paia) 
 )  HI0089  (Maalaea) 
 )  HI0100  (Kula) 


 ORDER 
 Adopted:  February  23,  2001  Released:  February  26,  2001 
 By  the  Acting  Chief,  Financial  Analysis  and  Compliance  Division,  Cable  Services  Bureau: 
 1.  In  this  Order  we  consider  the  refund  plan  filed  by  the  above-  referenced  operator  ("  Operator")  1 
 in  the  above-  referenced  communities  pursuant  to  our  Order,  DA  97-  575  2  ("  Refund  Order").  3  In  reviewing 
 Operator’s  refund  plan,  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 


 1  The  term  “Operator”  as  used  in  this  Order  includes  Operator’s  predecessors  in  interest.  The  refund  plan  was 
 filed  by  AT&  T  Broadband.  On  June  14,  1999,  pursuant  to  47  C.  F.  R.  Section  76.400,  the  Federal  Communications 
 Commission  received  notification  of  a  change  in  ownership  to  Time  Warner  Entertainment  Company,  L.  P. 


 2  See  In  the  Matter  of  TCI  of  Hawaii,  DA  97-  575,  12  FCC  Rcd  3672  (1997). 


 3  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  DA  01-  XXXX 
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 Cable  Services  Bureau 
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