HAR §16-133-50. Refunds

(a) The director may order a cable operator to refund to subscribers that portion of previously paid rates determined to exceed applicable federal standards for service and associated equipment rates, unless the cable operator has submitted a cost-of-service showing which justifies the rate charged as reasonable. Before ordering a cable operator to refund previously paid rates to subscribers, the director shall notify the cable operator of the director’s intent to order a refund and provide the cable operator fifteen days to comment on the proposed order. After considering the cable operator’s comments, if any, and within a reasonable time after the deadline for the cable operator’s comments has passed, the director shall issue a written final order regarding refunds. (b) A cable operator’s liability for refunds is limited to a one-year period, except that a cable operator that fails to comply with a valid rate order issued by the director shall be liable for refunds commencing from the effective date of the order until such time as it complies with the order. (c) The refund period is limited to the period prescribed by applicable federal law or rules. (d) The cable operator, in its discretion, may implement a refund in the following manner: 133-15 §16-133-50 (1) By returning overcharges to those subscribers who actually paid the overcharges, either through direct payment or as a specifically identified credit to those subscribers’ bills; or (2) By means of a prospective percentage reduction in the rates for the basic service tier or associated equipment 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 system. (e) Refunds shall include interest computed at applicable rates published by the Internal Revenue Service for tax refunds and additional tax payments. [Eff and comp 4/22/94] (Auth: HRS §440G-12) (Imp: HRS §440G-11)