Goto Section: 76.801 | 76.804 | Table of Contents
FCC 76.802
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 76.802 Disposition of cable home wiring.
(a)(1) Upon voluntary termination of cable service by a subscriber in a
single unit installation, a cable operator shall not remove the cable home
wiring unless it gives the subscriber the opportunity to purchase the wiring
at the replacement cost, and the subscriber declines. If the subscriber
declines to purchase the cable home wiring, the cable system operator must
then remove the cable home wiring within seven days of the subscriber's
decision, under normal operating conditions, or make no subsequent attempt
to remove it or to restrict its use.
(2) Upon voluntary termination of cable service by an individual subscriber
in a multiple-unit installation, a cable operator shall not be entitled to
remove the cable home wiring unless: it gives the subscriber the opportunity
to purchase the wiring at the replacement cost; the subscriber declines, and
neither the MDU owner nor an alternative MVPD, where permitted by the MDU
owner, has provided reasonable advance notice to the incumbent provider that
it would purchase the cable home wiring pursuant to this section if and when
a subscriber declines. If the cable system operator is entitled to remove
the cable home wiring, it must then remove the wiring within seven days of
the subscriber's decision, under normal operating conditions, or make no
subsequent attempt to remove it or to restrict its use.
(3) The cost of the cable home wiring is to be based on the replacement cost
per foot of the wiring on the subscriber's side of the demarcation point
multiplied by the length in feet of such wiring, and the replacement cost of
any passive splitters located on the subscriber's side of the demarcation
point.
(b) During the initial telephone call in which a subscriber contacts a cable
operator to voluntarily terminate cable service, the cable operator—if it
owns and intends to remove the home wiring—must inform the subscriber:
(1) That the cable operator owns the home wiring;
(2) That the cable operator intends to remove the home wiring;
(3) That the subscriber has the right to purchase the home wiring; and
(4) What the per-foot replacement cost and total charge for the wiring would
be (the total charge may be based on either the actual length of cable
wiring and the actual number of passive splitters on the customer's side of
the demarcation point, or a reasonable approximation thereof; in either
event, the information necessary for calculating the total charge must be
available for use during the initial phone call).
(c) If the subscriber voluntarily terminates cable service in person, the
procedures set forth in paragraph (b) of this section apply.
(d) If the subscriber requests termination of cable service in writing, it
is the operator's responsibility—if it wishes to remove the wiring—to make
reasonable efforts to contact the subscriber prior to the date of service
termination and follow the procedures set forth in paragraph (b) of this
section.
(e) If the cable operator fails to adhere to the procedures described in
paragraph (b) of this section, it will be deemed to have relinquished
immediately any and all ownership interests in the home wiring; thus, the
operator will not be entitled to compensation for the wiring and shall make
no subsequent attempt to remove it or restrict its use.
(f) If the cable operator adheres to the procedures described in paragraph
(b) of this section, and, at that point, the subscriber agrees to purchase
the wiring, constructive ownership over the home wiring will transfer to the
subscriber immediately, and the subscriber will be permitted to authorize a
competing service provider to connect with and use the home wiring.
(g) If the cable operator adheres to the procedures described in paragraph
(b) of this section, and the subscriber asks for more time to make a
decision regarding whether to purchase the home wiring, the seven (7) day
period described in paragraph (b) of this section will not begin running
until the subscriber declines to purchase the wiring; in addition, the
subscriber may not use the wiring to connect to an alternative service
provider until the subscriber notifies the operator whether or not the
subscriber wishes to purchase the wiring.
(h) If an alternative video programming service provider connects its wiring
to the home wiring before the incumbent cable operator has terminated
service and has capped off its line to prevent signal leakage, the
alternative video programming service provider shall be responsible for
ensuring that the incumbent's wiring is properly capped off in accordance
with the Commission's signal leakage requirements. See Subpart K (technical
standards) of the Commission's Cable Television Service rules (47 CFR
76.605(a)(13) and 76.610 through 76.617).
(i) Where the subscriber terminates cable service but will not be using the
home wiring to receive another alternative video programming service, the
cable operator shall properly cap off its own line in accordance with the
Commission's signal leakage requirements. See Subpart K (technical
standards) of the Commission's Cable Television Service rules (47 CFR
76.605(a)(13) and 76.610 through 76.617).
(j) Cable operators are prohibited from using any ownership interests they
may have in property located on the subscriber's side of the demarcation
point, such as molding or conduit, to prevent, impede, or in any way
interfere with, a subscriber's right to use his or her home wiring to
receive an alternative service. In addition, incumbent cable operators must
take reasonable steps within their control to ensure that an alternative
service provider has access to the home wiring at the demarcation point.
Cable operators and alternative multichannel video programming delivery
service providers are required to minimize the potential for signal leakage
in accordance with the guidelines set forth in 47 CFR 76.605(a)(13) and
76.610 through 76.617, theft of service and unnecessary disruption of the
consumer's premises.
(k) Definitions—Normal operating conditions—The term “normal operating
conditions” shall have the same meaning as at 47 CFR 76.309(c)(4)(ii).
(l) The provisions of Sec. 76.802 shall apply to all MVPDs in the same manner
that they apply to cable operators.
[ 61 FR 6137 , Feb. 16, 1996, as amended at 62 FR 61031 , Nov. 14, 1997; 68 FR 13855 , Mar. 21, 2003]
Goto Section: 76.801 | 76.804
Goto Year: 2007 |
2009
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