Sec.  76.961   Refunds.

   (a) Upon a finding that a rate for cable programming service or associated
   equipment is unreasonable, the Commission may order the cable operator to
   refund to subscribers that portion of previously paid rates which is deemed
   unreasonable.

   (b) The cumulative refund due subscribers shall be calculated from the date
   of the first complaint filed with the franchising authority until the date a
   cable operator implements a prospective rate reduction as ordered by the
   Commission  pursuant to  Sec. 76.960. The Commission shall calculate refund
   liability  according  to  the  rules  in  effect  for  determining the
   reasonableness of the rates for the period of time covered by the complaint.

   (c) The cable operator, in its discretion, may implement a refund in the
   following manner:

   (1) By returning overcharges to those subscribers who actually paid the
   overcharges, either through direct payment or as a specifically identified,
   one-time credit to those subscribers' bills; or

   (2) By means of a prospective percentage reduction in the unreasonable cable
   programming  service  rate or equipment charge to cover the cumulative
   overcharge. This shall be reflected as a specifically identified, one-time
   credit on prospective bills to the class of subscribers that currently
   subscribe to the cable programming service or associated equipment at issue.

   (d) Refunds shall include interest computed at applicable rates published by
   the Internal Revenue Service for tax refunds and additional tax payments.
   Interest shall accrue from the date a valid complaint is filed until the
   refund issues.

   (e) At the time the Commission orders a cable operator to pay refunds to
   subscribers, the franchising authority must return to the cable operator an
   amount equal to that portion of the franchise fee that was paid on the total
   amount of the refund to subscribers. The franchising authority may return
   the franchise fee overcharge either in an immediate lump sum payment, or the
   cable operator may deduct it from the cable system's future franchise fee
   payments.

   [ 58 FR 29753 , May 21, 1993, as amended at  59 FR 17975 , Apr. 15, 1994;  64 FR 35950 , July 2, 1999]