Goto Section: 76.802 | 76.805 | Table of Contents
FCC 76.804
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 76.804 Disposition of home run wiring.
(a) Building-by-building disposition of home run wiring. (1) Where an MVPD
owns the home run wiring in an MDU and does not (or will not at the
conclusion of the notice period) have a legally enforceable right to remain
on the premises against the wishes of the MDU owner, the MDU owner may give
the MVPD a minimum of 90 days' written notice that its access to the entire
building will be terminated to invoke the procedures in this section. The
MVPD will then have 30 days to notify the MDU owner in writing of its
election for all the home run wiring inside the MDU building: to remove the
wiring and restore the MDU building consistent with state law within 30 days
of the end of the 90-day notice period or within 30 days of actual service
termination, whichever occurs first; to abandon and not disable the wiring
at the end of the 90-day notice period; or to sell the wiring to the MDU
building owner. If the incumbent provider elects to remove or abandon the
wiring, and it intends to terminate service before the end of the 90-day
notice period, the incumbent provider shall notify the MDU owner at the time
of this election of the date on which it intends to terminate service. If
the incumbent provider elects to remove its wiring and restore the building
consistent with state law, it must do so within 30 days of the end of the
90-day notice period or within 30 days of actual service termination, which
ever occurs first. For purposes of abandonment, passive devices, including
splitters, shall be considered part of the home run wiring. The incumbent
provider that has elected to abandon its home run wiring may remove its
amplifiers or other active devices used in the wiring if an equivalent
replacement can easily be reattached. In addition, an incumbent provider
removing any active elements shall comply with the notice requirements and
other rules regarding the removal of home run wiring. If the MDU owner
declines to purchase the home run wiring, the MDU owner may permit an
alternative provider that has been authorized to provide service to the MDU
to negotiate to purchase the wiring.
(2) If the incumbent provider elects to sell the home run wiring under
paragraph (a)(1) of this section, the incumbent and the MDU owner or
alternative provider shall have 30 days from the date of election to
negotiate a price. If the parties are unable to agree on a price within that
30-day time period, the incumbent must elect: to abandon without disabling
the wiring; to remove the wiring and restore the MDU consistent with state
law; or to submit the price determination to binding arbitration by an
independent expert. If the incumbent provider chooses to abandon or remove
its wiring, it must notify the MDU owner at the time of this election if and
when it intends to terminate service before the end of the 90-day notice
period. If the incumbent service provider elects to abandon its wiring at
this point, the abandonment shall become effective at the end of the 90-day
notice period or upon service termination, whichever occurs first. If the
incumbent elects at this point to remove its wiring and restore the building
consistent with state law, it must do so within 30 days of the end of the
90-day notice period or within 30 days of actual service termination, which
ever occurs first.
(3) If the incumbent elects to submit to binding arbitration, the parties
shall have seven days to agree on an independent expert or to each designate
an expert who will pick a third expert within an additional seven days. The
independent expert chosen will be required to assess a reasonable price for
the home run wiring by the end of the 90-day notice period. If the incumbent
elects to submit the matter to binding arbitration and the MDU owner (or the
alternative provider) refuses to participate, the incumbent shall have no
further obligations under the Commission's home run wiring disposition
procedures. If the incumbent fails to comply with any of the deadlines
established herein, it shall be deemed to have elected to abandon its home
run wiring at the end of the 90-day notice period.
(4) The MDU owner shall be permitted to exercise the rights of individual
subscribers under this subsection for purposes of the disposition of the
cable home wiring under Sec. 76.802. When an MDU owner notifies an incumbent
provider under this section that the incumbent provider's access to the
entire building will be terminated and that the MDU owner seeks to use the
home run wiring for another service, the incumbent provider shall, in
accordance with our current home wiring rules: offer to sell to the MDU
owner any home wiring within the individual dwelling units that the
incumbent provider owns and intends to remove; and provide the MDU owner
with the total per-foot replacement cost of such home wiring. This
information must be provided to the MDU owner within 30 days of the initial
notice that the incumbent's access to the building will be terminated. If
the MDU owner declines to purchase the cable home wiring, the MDU owner may
allow the alternative provider to purchase the home wiring upon service
termination under the terms and conditions of Sec. 76.802. If the MDU owner or
the alternative provider elects to purchase the home wiring under these
rules, it must so notify the incumbent MVPD provider not later than 30 days
before the incumbent's termination of access to the building will become
effective. If the MDU owner and the alternative provider fail to elect to
purchase the home wiring, the incumbent provider must then remove the cable
home wiring, under normal operating conditions, within 30 days of actual
service termination, or make no subsequent attempt to remove it or to
restrict its use.
(5) The parties shall cooperate to avoid disruption in service to
subscribers to the extent possible.
(b) Unit-by-unit disposition of home run wiring: (1) Where an MVPD owns the
home run wiring in an MDU and does not (or will not at the conclusion of the
notice period) have a legally enforceable right to maintain any particular
home run wire dedicated to a particular unit on the premises against the MDU
owner's wishes, the MDU owner may permit multiple MVPDs to compete for the
right to use the individual home run wires dedicated to each unit in the
MDU. The MDU owner must provide at least 60 days' written notice to the
incumbent MVPD of the MDU owner's intention to invoke this procedure. The
incumbent MVPD will then have 30 days to provide a single written election
to the MDU owner as to whether, for each and every one of its home run wires
dedicated to a subscriber who chooses an alternative provider's service, the
incumbent MVPD will: remove the wiring and restore the MDU building
consistent with state law; abandon the wiring without disabling it; or sell
the wiring to the MDU owner. If the MDU owner refuses to purchase the home
run wiring, the MDU owner may permit the alternative provider to purchase
it. If the alternative provider is permitted to purchase the wiring, it will
be required to make a similar election within this 30-day period for each
home run wire solely dedicated to a subscriber who switches back from the
alternative provider to the incumbent MVPD.
(2) If the incumbent provider elects to sell the home run wiring under
paragraph (b)(1), the incumbent and the MDU owner or alternative provider
shall have 30 days from the date of election to negotiate a price. During
this 30-day negotiation period, the parties may arrange for an up-front lump
sum payment in lieu of a unit-by-unit payment. If the parties are unable to
agree on a price during this 30-day time period, the incumbent must elect:
to abandon without disabling the wiring; to remove the wiring and restore
the MDU consistent with state law; or to submit the price determination to
binding arbitration by an independent expert. If the incumbent elects to
submit to binding arbitration, the parties shall have seven days to agree on
an independent expert or to each designate an expert who will pick a third
expert within an additional seven days. The independent expert chosen will
be required to assess a reasonable price for the home run wiring within 14
days. If subscribers wish to switch service providers after the expiration
of the 60-day notice period but before the expert issues its price
determination, the procedures set forth in paragraph (b)(3) of this section
shall be followed, subject to the price established by the arbitrator. If
the incumbent elects to submit the matter to binding arbitration and the MDU
owner (or the alternative provider) refuses to participate, the incumbent
shall have no further obligations under the Commission's home run wiring
disposition procedures.
(3) When an MVPD that is currently providing service to a subscriber is
notified either orally or in writing that that subscriber wishes to
terminate service and that another service provider intends to use the
existing home run wire to provide service to that particular subscriber, a
provider that has elected to remove its home run wiring pursuant to
paragraph (b)(1) or (b)(2) of this section will have seven days to remove
its home run wiring and restore the building consistent with state law. If
the subscriber has requested service termination more than seven days in the
future, the seven-day removal period shall begin on the date of actual
service termination (and, in any event, shall end no later than seven days
after the requested date of termination). If the provider has elected to
abandon or sell the wiring pursuant to paragraph (b)(1) or (b)(2) of this
section, the abandonment or sale will become effective upon actual service
termination or upon the requested date of termination, whichever occurs
first. For purposes of abandonment, passive devices, including splitters,
shall be considered part of the home run wiring. The incumbent provider may
remove its amplifiers or other active devices used in the wiring if an
equivalent replacement can easily be reattached. In addition, an incumbent
provider removing any active elements shall comply with the notice
requirements and other rules regarding the removal of home run wiring. If
the incumbent provider intends to terminate service prior to the end of the
seven-day period, the incumbent shall inform the party requesting service
termination, at the time of such request, of the date on which service will
be terminated. The incumbent provider shall make the home run wiring
accessible to the alternative provider within the 24-hour period prior to
actual service termination.
(4) If the incumbent provider fails to comply with any of the deadlines
established herein, the home run wiring shall be considered abandoned, and
the incumbent may not prevent the alternative provider from using the home
run wiring immediately to provide service. The alternative provider or the
MDU owner may act as the subscriber's agent in providing notice of a
subscriber's desire to change services, consistent with state law. If a
subscriber's service is terminated without notification that another service
provider intends to use the existing home run wiring to provide service to
that particular subscriber, the incumbent provider will not be required to
carry out its election to sell, remove or abandon the home run wiring; the
incumbent provider will be required to carry out its election, however, if
and when it receives notice that a subscriber wishes to use the home run
wiring to receive an alternative service. Section 76.802 of the Commission's
rules regarding the disposition of cable home wiring will apply where a
subscriber's service is terminated without notifying the incumbent provider
that the subscriber wishes to use the home run wiring to receive an
alternative service.
(5) The parties shall cooperate to avoid disruption in service to
subscribers to the extent possible.
(6) Section 76.802 of the Commission's rules regarding the disposition of
cable home wiring will continue to apply to the wiring on the subscriber's
side of the cable demarcation point.
(c) The procedures set forth in paragraphs (a) and (b) of this section shall
apply unless and until the incumbent provider obtains a court ruling or an
injunction within forty-five (45) days following the initial notice
enjoining its displacement.
(d) After the effective date of this rule, MVPDs shall include a provision
in all service contracts entered into with MDU owners setting forth the
disposition of any home run wiring in the MDU upon the termination of the
contract.
(e) Incumbents are prohibited from using any ownership interest they may
have in property located on or near the home run wiring, such as molding or
conduit, to prevent, impede, or in any way interfere with, the ability of an
alternative MVPD to use the home run wiring pursuant to this section.
(f) Section 76.804 shall apply to all MVPDs.
[ 62 FR 61032 , Nov. 14, 1997, as amended at 68 FR 13855 , Mar. 21, 2003]
Goto Section: 76.802 | 76.805
Goto Year: 2007 |
2009
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