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 Federal  Communications  Commission  DA  02-  1381 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of  )  File  No.  EB-  02-  TC-  051  ) 
 CableOne,  Inc.  )  CUID  No.  TX0095  (Livingston)  ) 
 Refund  Plan  )  ORDER 


 Adopted:  June  14,  2002  Released:  June  17,  2002 
 By  the  Chief,  Enforcement  Bureau:  1 
 1.  In  this  Order  we  reconsider  and  amend  Orders,  DA  95-  1071  2  and  DA  99-  923  3  (together  "Prior  Orders"),  concerning  the  rates  charged  by  the  above-  referenced  operator 
 ("  Operator")  4  for  its  cable  programming  services  tier  ("  CPST")  in  the  community  referenced  above.  In  response  to  the  Prior  Orders,  Operator  filed  a  letter  requesting  that  its  refund  liability  be  treated 
 as  de  minimus.  Our  review  of  the  Prior  Orders  and  the  record  reveals  that  the  total  overcharges  for  the  time  period  under  review  are  de  minimis,  and  it  would  not  be  in  the  public  interest  to  order  the 
 payment  of  refunds.  Therefore,  we  modify  the  Prior  Orders  to  exclude  the  requirement  for  the  payment  of  refunds. 


 2.  Accordingly,  IT  IS  ORDERED,  pursuant  to  Section  1.106  of  the  Commission’s  rules,  47  C.  F.  R  §1.106,  that  In  the  Matter  of  Post  Newsweek  Cable,  Inc.,  DA  95-  1071,  10  FCC 
 Rcd  9839  (CSB  1995)  and  In  the  Matter  of  CableOne,  Inc.,  DA  99-  923,  14  FCC  Rcd  7668  (CSB  1999)  ARE  MODIFIED  TO  THE  EXTENT  INDICATED  HEREIN. 


 3.  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  In  the  Matter  of  Post  Newsweek  Cable,  Inc.,  10  FCC  Rcd  9839  (CSB  1995). 
 3  In  the  Matter  of  CableOne,  Inc.,  14  FCC  Rcd  7668  (CSB  1999). 
 4  The  term  "Operator"  includes  Operator’s  successors  and  predecessors  in  interest. 
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