Sec.  76.805   Access to molding.

   (a) An MVPD shall be permitted to install one or more home run wires within
   the existing molding of an MDU where the MDU owner finds that there is
   sufficient space to permit the installation of the additional wiring without
   interfering with the ability of an existing MVPD to provide service, and
   gives its affirmative consent to such installation. This paragraph shall not
   apply where the incumbent provider has an exclusive contractual right to
   occupy the molding.

   (b) If an MDU owner finds that there is insufficient space in existing
   molding to permit the installation of the new wiring without interfering
   with the ability of an existing MVPD to provide service, but gives its
   affirmative consent to the installation of larger molding and additional
   wiring, the MDU owner (with or without the assistance of the incumbent
   and/or the alternative provider) shall be permitted to remove the existing
   molding, return such molding to the incumbent, if appropriate, and install
   additional wiring and larger molding in order to contain the additional
   wiring.  This  paragraph  shall not apply where the incumbent provider
   possesses  a contractual right to maintain its molding on the premises
   without alteration by the MDU owner.

   (c)  The  alternative  provider  shall  be required to pay any and all
   installation costs associated with the implementation of paragraphs (a) or
   (b)  of this section, including the costs of restoring the MDU owner's
   property to its original condition, and the costs of repairing any damage to
   the incumbent provider's wiring or other property.

   [ 62 FR 61033 , Nov. 14, 1997]