**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Cable One, Inc. ) CUID No. TX0045 (Odessa)

)

Refund Plan )

**ORDER**

**Adopted: June 16, 2000 Released: June 20, 2000**

By the Acting Chief, Financial Analysis and Compliance Division, Cable
Services Bureau:

1\. In this Order we consider the refund plan filed by the
above-referenced operator (\"Operator\") in the above-referenced
community pursuant to our Order, *In the Matter of Post-Newsweek Cable,
Inc.*[^1] (\"Refund Order\").[^2] Our review of Operator\'s refund plan
reveals that Operator improperly attempted to offset its cable
programming services tier (\"CPST\") refund liability with undercharges
for equipment used to receive the basic services tier (\"BST\"). The
Commission has addressed the issue of inter-tier offsets in
*Cencom*.[^3] In *Cencom*, the Commission determined that such
inter-tier offsets are \"inconsistent with the Commission\'s conclusion
in the \[Implementation of Sections of the Cable Television Consumer
Protection and Competition Act of 1992, Rate Regulation, MM Docket
92-266, Report and Order and Further Notice of Proposed Rulemaking[^4]\]
that cable operators should not balance low BST rates with CPST rates
that exceed the maximum permitted rate for the tier.\"[^5] Therefore, we
will not accept Operator's refund plan.

2\. Operator also calculated its refund liability without offsets in the
amount of \$28,183.98. We recalculated Operator's refund liability using
a corrected refund liability period and subscriber count and determined
that Operator's refund liability, including interest through June 30,
2000, equals \$28,911.65, plus franchise fees, if any. We will order
Operator to refund this amount, plus franchise fees, to its CPST
subscribers within 60 days of the release of this Order.

3\. Accordingly, IT IS ORDERED, pursuant to Sections 0.321 and 76.962 of
the Commission\'s rules, 47 C.F.R. §0.321 and §76.962, that Operator\'s
refund plan IS NOT ACCEPTED.

4\. IT IS FURTHER ORDERED, pursuant to Sections 0.321 and 76.962 of the
Commission\'s rules, 47 C.F.R. §0.321 and §76.962, that Operator shall
refund to subscribers in the franchise area referenced above the total
amount of \$28,911.65, plus franchise fees, within 60 days of the
release of this Order.

5\. IT IS FURTHER ORDERED, pursuant to Sections 0.321 and 76.962 of the
Commission\'s rules, 47 C.F.R. §0.321 and §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.

FEDERAL COMMUNICATIONS COMMISSION

Kathleen F. Costello, Acting Chief

Financial Analysis and Compliance Division

Cable Services Bureau

[^1]: *See* In the Matter of Post-Newsweek Cable, Inc., DA 95-960, 10
    FCC Rcd 9324 (1995).

[^2]: 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.

[^3]: *See* In the Matter of Cencom Cable Income Partners II, LP, 12 FCC
    Rcd 7948 (1997).

[^4]: 8 FCC Rcd 5631 (1993).

[^5]: *Cencom* at ¶ 22 (footnote omitted).