FCC 76.961 Revised as of October 1, 2007
Goto Year:2006 |
2008
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]
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