*Pages 1--2 from Microsoft Word - 18674.doc* Federal Communications Commission DA 02- 1384 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) File No. EB- 02- TC- 080 ) Citizens Century Cable ) CUID No. CA0954 (LaVerne) ) Refund Plan ) ORDER Adopted: June 14, 2002 Released: June 17, 2002 By the Chief, Enforcement Bureau: 1 1. In this Order we consider the refund plan filed by the above- referenced operator (" Operator") 2 in the above- referenced community pursuant to Order, DA 97- 1915 3 (" Refund Order"). 4 Our review of Operator's refund plan 5 reveals that the refund plan fulfills the requirements of the Refund Order provided Operator accrues interest up to the date of the refund and includes franchise fees, if any, and interest on the franchise fee principal refund amount. 2. Accordingly, IT IS ORDERED that Operator’s refund plan IS APPROVED provided operator modifies its refund plan to the extent indicated herein, and IT IS FURTHER 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 release 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 shall file a certificate of compliance with the 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 The term "Operator" includes Operator's predecessors and successors in interest. 3 In the Matter of Citizens Century Cable Television Venture, 97- 1915, 12 FCC Rcd 23788 (CSB 1997). 4 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. 5 Operator calculated a total refund liability of $15, 916. 00. 1 Federal Communications Commission DA 02- 1384 2 within 90 days of the release of this Order certifying its compliance with this Order. 4. 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 2