******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Marcus Cable Associates, L.P. ) CUID No. KY0061 (Bell County) ) Refund Plan ) ORDER Adopted: November 18, 1997 Released: November 21, 1997 By the Chief, Cable Services Bureau: 1. In this Order we consider the refund plan filed by the above-captioned operator ("Operator") in the above-captioned community pursuant to our order In the Matter of Sammons Communications, Inc. ("Refund Order"). Our review of Operator's refund plan reveals that the refund plan does not comply with the requirements of the Refund Order. 2. In its refund plan, Operator raises an issue which Operator believes requires a calculation of the refund amount which differs from the calculation prescribed in the Refund Order. Operator did not file a petition for reconsideration or an application for review of the Refund Order. Consequently, Operator is now attempting to raise in its refund plan an issue that it failed to properly place before the Commission in accordance with the Commission's Rules. A refund plan is not a substitute for the reconsideration and review process and issues raised in refund plans will not be considered. We, therefore, determine that Operator's refund plan is unacceptable and that Operator has failed to comply with the Refund Order. Operator shall have thirty days from the release of this Order to resubmit a refund plan which complies with this Order and with the Refund Order. 3. Accordingly, IT IS ORDERED, pursuant to Section 76.962 of the Commission's Rules, 47 C.F.R. Section 76.962, that Operator's refund plan IS NOT ACCEPTED. 4. IT IS FURTHER ORDERED, pursuant to Section 76.961 of the Commission's Rules, 47 C.F.R. Section 76.961, that Operator revise its refund plan as detailed herein and resubmit its plan to the Chief, Cable Services Bureau, within thirty days of the release of this Order. 5. This action is taken under delegated authority pursuant to Section 0.321 of the Commission's Rules, 47 C.F.R. Section 0.321. FEDERAL COMMUNICATIONS COMMISSION Meredith J. Jones Chief, Cable Services Bureau