*Pages 1--1 from Microsoft Word - 18675.doc* Federal Communications Commission DA 02- 1386 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) File No. EB- 02- TC- 091 ) Time Warner Cable ) CUID No. NC0052 (High Point) ) 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 on May 13, 2002 by the above- referenced operator (" Operator") 2 in the above- referenced community pursuant to Order, DA 99- 1887 3 (" Refund Order"). 4 Our review of Operator's refund plan 5 reveals that the refund plan fulfills the requirements of the Refund Order. Operator included a certificate of compliance with its refund plan certifying that it has already paid, through subscriber credits, the full amount of the refund calculated in its refund plan. 2. Accordingly, IT IS ORDERED that Operator’s refund plan IS APPROVED. 3. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission’s rules, 47 C. F. R. § 76.962, that Operator's certificate of compliance IS ACCEPTED. 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 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 Time Warner Cable, DA 99- 1887 (CSB, released September 16, 1999). 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 $41, 603. 16. 1