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 Federal  Communications  Commission  DA  02-  679 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  )  CUID  No.  CA0039  (Salinas)  ) 
 TCI  Cablevision  of  California,  Inc.  )  ) 
 Refund  Plan  ) 


 ORDER 
 Adopted:  March  20,  2002  Released:  March  22,  2002 
 By  the  Acting  Chief,  Financial  Analysis  and  Compliance  Division,  Cable  Services  Bureau: 
 1.  In  this  Order  we  consider  the  refund  plan  filed  on  May  19,  1997  by  the  above-  referenced  operator  ("  Operator")  1  in  the  above-  referenced  community  pursuant  to  our  Order,  DA  97-  579  2  ("  Refund 
 Order").  3  Our  review  of  Operator's  refund  plan  4  reveals  that  the  refund  plan  does  not  fulfill  the  requirements  of  the  Refund  Order.  Operator  incorrectly  calculated  the  overcharges  for  each  refund  period.  The  proper 
 methodology  for  calculating  refund  liability  is  to  multiply  the  number  of  subscribers  by  the  overcharge  (the  actual  rate  minus  the  maximum  permitted  rate)  for  the  period  in  issue. 


 2.  We  calculated  Operator's  refund  liability  as  follows:  For  the  period  from  July  15,  1994  through  December  31,  1994,  we  calculated  an  overcharge  of  $1.23  per  month  per  subscriber  in  accordance 
 with  the  Refund  Order.  Our  total  calculation,  including  five  percent  franchise  fees  and  interest  through  April  30,  2002,  equals  $226,973.00.  We  will  order  Operator  to  refund  this  amount,  plus  any  additional  interest 
 accrued  to  the  date  of  refund,  to  its  CPST  subscribers  within  60  days  of  the  release  of  this  Order. 
 3.  Accordingly,  IT  IS  ORDERED,  that  Operator’s  refund  plan  IS  NOT  APPROVED. 
 4.  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  $226,973.00,  plus  interest  accruing  from  April  30,  2002  to  the  date  of  refund,  within  60  days  of  the  release  of  this  Order. 


 5.  IT  IS  FURTHER  ORDERED,  pursuant  to  Section  76.962  of  the  Commission's  rules,  47 
 1  The  term  "Operator"  includes  Operator's  predecessors  and  successors  in  interest. 
 2  See  In  the  Matter  of  TCI  Cablevision  of  California,  Inc.,  DA  97-  579,  12  FCC  Rcd  20971  (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. 
 4  Operator  calculated  a  total  refund  liability  of  $70,237.00. 
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 Federal  Communications  Commission  DA  02-  679 
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 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. 
 6.  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 
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