Sec.  76.972   Customer service standards.

   (a)(1) A cable system operator shall maintain a contact name, telephone
   number and e-mail address on its Web site and available by telephone of a
   designated person to respond to requests for information about leased access
   channels.

   (2) A cable system operator shall maintain a brief explanation of the leased
   access statute and regulations on its Web site.

   (b)  Cable  system  operators  shall provide prospective leased access
   programmers with the following information within three business days of the
   date on which a request for leased access information is made:

   (1)  The  cable system operator's process for requesting leased access
   channels;

   (2) The geographic and subscriber levels of service that are technically
   possible;

   (3) The number and location and time periods available for each leased
   access channel;

   (4) Whether the leased access channel is currently being occupied;

   (5) A complete schedule of the operator's statutory maximum full-time and
   part-time leased access rates;

   (6) A comprehensive schedule showing how those rates were calculated;

   (7) Rates associated with technical and studio costs;

   (8) Whether inclusion in an electronic programming guide is available;

   (9) The available methods of programming delivery and the instructions,
   technical requirements and costs for each method;

   (10) A comprehensive sample leased access contract that includes uniform
   terms and conditions such as tier and channel placement, contract terms and
   conditions,  insurance  requirements,  length of contract, termination
   provisions and electronic guide availability; and

   (11) Information regarding prospective launch dates for the leased access
   programmer.

   (c) A bona fide proposal, as used in this section, is defined as a proposal
   from  a potential leased access programmer that includes the following
   information:

   (1) The desired length of a contract term;

   (2) The tier, channel and time slot desired;

   (3) The anticipated commencement date for carriage;

   (4) The nature of the programming;

   (5) The geographic and subscriber level of service requested; and

   (6) Proposed changes to the sample contract.

   (d) All requests for leased access must be made in writing and must specify
   the date on which the request was sent to the operator.

   (e) A cable system operator must respond to a bona fide proposal within 10
   days after receipt.

   (f) A cable system operator will be subject to a forfeiture for each day it
   fails to comply with  Sec.  Sec. 76.972(a) or 76.972(e).

   (g)(1) Operators of systems subject to small system relief shall provide the
   information required in paragraph (b) of this section within 30 calendar
   days of a bona fide request from a prospective leased access programmer. For
   these purposes, systems subject to small system relief are systems that
   either:

   (i) Qualify as small systems under  Sec. 76.901(c) and are owned by a small cable
   company as defined under  Sec. 76.901(e); or

   (ii) Have been granted special relief.

   (2) Bona fide requests, as used in this section, are defined as requests
   from potential leased access programmers that have provided the following
   information:

   (i) The desired length of a contract term;

   (ii) The time slot desired;

   (iii) The anticipated commencement date for carriage; and

   (iv) The nature of the programming.

   [ 73 FR 10691 , Feb. 28, 2008]

   Effective Date Note:   At  73 FR 10691 , Feb. 28, 2008,  Sec. 76.972 was added.
   Paragraphs (a), (b), (c), (d), (e), and (g) of this section, which contain
   information collection and recordkeeping requirements, and paragraph (f),
   which  contains  requirements  related to those information collection
   requirements, will not become effective until approval has been given by the
   Office of Management and Budget.