*Pages 1--1 from Microsoft Word - 15209* Federal Communications Commission DA 02- 444 1 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Marcus Cable Associates, LP Refund Plan ) ) ) ) ) CUID No. TX0580 (Denton) ORDER Adopted: February 22, 2002 Released: February 27, 2002 By the Acting Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. In this Order we consider the amended refund plan 1 filed on February 19, 2001 by the above-referenced operator (" Operator") in the above- referenced community pursuant to our Order, DA 97- 2441 2 (" Refund Order"). 3 We find that the amended refund plan fulfills the requirements of the Refund Order provided Operator accrues interest up to the date of the refund and includes interest on the franchise fee principal refund amount. 2. Accordingly, Operator’s amended refund plan IS APPROVED, provided operator modifies its amended refund plan to the extent indicated herein, and IT IS ORDERED, pursuant to Section 76. 962 of the Commission’s rules, 47 C. F. R. § 76.962, that Operator implement its amended refund plan within 60 days of the date 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 file a certificate of compliance with the Chief, Cable Services Bureau, within 90 days of the release of this Order certifying its compliance with this Order. 4. This action is taken pursuant to Section 0.321 of the Commission’s rules, 47 C. F. R. § 0.321. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello, Acting Chief Financial Analysis and Compliance Division Cable Services Bureau 1 Operator calculated a total refund liability of $125,148. 00. 2 See In the Matter of Marcus Cable Associates, L. P., DA 97- 2441, 12 FCC Rcd 19579 (1997). 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. 1