§  76.1600   Electronic delivery of notices.

   (a) Except as provided in § 76.1603 for changes that occur due to
   circumstances outside a cable operator's control, which also may be
   provided as set forth in 76.1603(b), written information provided by
   cable operators to subscribers or customers pursuant to § § 76.1601,
   76.1602, 76.1603, 76.1604, 76.1618, and 76.1620 of this Subpart T, as
   well as subscriber privacy notifications required by cable operators,
   satellite providers, and open video systems pursuant to sections 631,
   338(i), and 653 of the Communications Act, may be delivered
   electronically by email to any subscriber who has not opted out of
   electronic delivery under paragraph (a)(3) of this section if the
   entity:

   (1) Sends the notice to the subscriber's or customer's verified email
   address;

   (2) Provides either the entirety of the written information or a
   weblink to the written information in the notice; and

   (3) Includes, in the body of the notice, a telephone number that is
   clearly and prominently presented to subscribers so that it is readily
   identifiable as an opt-out mechanism that will allow subscribers to
   continue to receive paper copies of the written material.

   (b) For purposes of this section, a verified email address is defined
   as:

   (1) An email address that the subscriber has provided to the cable
   operator (and not vice versa) for purposes of receiving communication;

   (2) An email address that the subscriber regularly uses to communicate
   with the cable operator; or

   (3) An email address that has been confirmed by the subscriber as an
   appropriate vehicle for the delivery of notices.

   (c) Cable operators that provide written Subpart T notices via paper
   copy may provide certain portions of the § 76.1602 annual notices
   electronically, to any subscriber who has not opted out of electronic
   delivery under paragraphs (a)(3) or (c)(3) of this section, by
   prominently displaying the following on the front or first page of the
   printed annual notice:

   (1) A weblink in a form that is short, simple, and easy to remember,
   leading to written information required to be provided pursuant to
   § 76.1602(b)(2), (7), and (8);

   (2) A weblink in a form that is short, simple, and easy to remember,
   leading to written information required to be provided pursuant to
   § 76.1602(b)(5); and

   (3) A telephone number that is readily identifiable as an opt-out
   mechanism that will allow subscribers to continue to receive paper
   copies of the entire annual notice.

   (d) If the conditions for electronic delivery in paragraphs (a) and (b)
   of this section are not met, or if a subscriber opts out of electronic
   delivery, the written material must be delivered by paper copy to the
   subscriber's physical address.

   (e) After July 31, 2020, written information provided by cable
   operators to broadcast stations pursuant to § § 76.64(k), 76.1601,
   76.1607, 76.1608, 76.1609, and 76.1617 must be delivered electronically
   to full-power and Class A television stations via email to the email
   address for carriage-related questions that the station lists in its
   public file in accordance with § § 73.3526 and 73.3527 of this title, or
   in the case of low power television stations and noncommercial
   educational translator stations that are entitled to such notices, to
   the licensee's email address (not a contact representative's email
   address, if different from the licensee's email address) as displayed
   publicly in the Licensing and Management System (LMS) or the primary
   station's carriage-related email address if the noncommercial
   educational translator station does not have its own email address
   listed in LMS.

   [ 83 FR 66157 , Dec. 26, 2019, as amended at  85 FR 16005 , Mar. 20, 2020;
    85 FR 71854 , Nov. 12, 2020]