*Pages 1--2 from Microsoft Word - 19851.doc* Federal Communications Commission DA 02- 1698 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) File No. EB- 02- TC- 100 ) Suburban Cable TV Company, Inc. ) CUID No. PA1946 (New Britain) ) 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 by the above- referenced operator (" Operator") pursuant to Order, DA 95- 1230 2 (" Refund Order"). 3 Our review of Operator's refund plan reveals that the refund plan does not fulfill the requirements of the Refund Order. Operator attempted to offset its CPST refund liability with alleged undercharges for basic services tier (" BST") services and equipment. The Commission addressed the issue of inter- tier offsets in Cencom Cable Income Partners (" Cencom"). 4 In Cencom, the Commission determined that such inter- tier offsets are "inconsistent with the Commission's conclusion in the [Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992, Rate Regulation, MM Docket 92- 266, Report and Order and Further Notice of Proposed Rulemaking] 5 that cable operators should not balance low BST rates with CPST rates that exceed the maximum permitted rate for the tier." 6 Therefore, we will not allow Operator to offset its CPST overcharges with its BST undercharges. 2. We calculate Operator's refund liability as follows: For the period from January 6, 1994 (the date of the first valid complaint) through May 14, 1994, we calculate an overcharge of $0.41 per month per subscriber, in accordance with the Refund Order. Our total calculation, including franchise fees plus interest through June 30, 2002 equals $8,022.00. We order Operator to refund this amount, plus any additional interest accrued from June 30, 2002 to the date of refund, to its CPST subscribers within 60 days of the release of this Order. 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 Suburban Cable TV Co., Inc., DA 95- 1230, 10 FCC Rcd 6504 (CSB 1995). The CUID No. PA1947 used in that order is no longer in effect and the community is identified by CUID No. PA1946. 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. 4 See In the Matter of Cencom Cable Income Partners II, LP, 12 FCC Rcd 7948 (1997). 5 8 FCC Rcd 5631 (1993). 6 Cencom at ¶22 (footnote omitted). 1 Federal Communications Commission DA 02- 1698 2 4. Accordingly, IT IS ORDERED that Operator’s refund plan IS NOT APPROVED. 5. IT IS FURTHER ORDERED, pursuant to Section 76.962 of the Commission's rules, 47 C. F. R. § 76.962, that Operator shall refund to subscribers in the franchise area referenced above the total amount of $8,022.00, plus interest accruing from June 30, 2002 to the date of refund, within 60 days of the release of this Order. 6. 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. 7. 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