*Pages 1--2 from Microsoft Word - 19841.doc* Federal Communications Commission DA 02- 1692 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) File No. EB- 02- TC- 019 ) Charter Communications ) CUID No. MI0102 (Essexville) ) Refund Plan ) ORDER Adopted: July 16, 2002 Released: July 17, 2002 By the Chief, Enforcement Bureau: 1 1. In this Order we consider the refund plan filed on June 7, 2002 by the above- referenced operator (" Operator") 2 pursuant to Order, DA 02- 1053 3 (" Refund Order"). 4 Our review of Operator's refund plan 5 reveals that the refund plan fulfills the requirements of the Refund Order. 6 2. Accordingly, IT IS ORDERED that Operator’s refund plan IS APPROVED 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, 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 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 Bresnan Communications Company, DA 02- 1053 (EB, released May 8, 2002). 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, Enforcement 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 $7, 497. 05. 6 In its response to the Refund Order, Operator points out that the Refund Order contained clerical errors and we agree. The clerical errors have been corrected and the Operator has taken these corrections into consideration in the calculation of refunds for the community at issue. 1 Federal Communications Commission DA 02- 1692 2 2