Sec. 76.802  Disposition of cable home wiring.

    (a) Upon voluntary termination of cable service by a subscriber, 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. The cost is to be determined based on 
the replacement cost per foot of the cable home wiring multiplied by the 
length in feet of the cable home wiring, and the replacement cost of any 
passive splitters located on the subscriber's side of the demarcation 
point. If the subscriber declines to acquire the cable home wiring, the 
cable system operator must then remove it within seven (7) business 
days, under normal operating conditions, or make no subsequent attempt 
to remove it or to restrict its use.
    (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

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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) business 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).

[61 1997 FR 6137 , Feb. 16, 1996]

    Effective Date Note: At  61 FR 6137 , Feb. 16, 1996, Sec. 76.802 was 
revised. This section contains information collection and recordkeeping 
requirements and will not become effective until approval has been given 
by the Office of Management and Budget.

                    Subpart N--Cable Rate Regulation

    Source:   58 FR 29753 , May 21, 1993, unless otherwise noted.

    Effective Date Note: The effective date of the amendments to part 
76, published at  58 FR 29737  (May 21, 1993), extended to October 1, 
1993, by an order published at  58 FR 33560 

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(June 18, 1993), and moved to September 1, 1993, by an order published 
at  58 FR 41042  (August 2, 1993), is temporarily stayed for those cable 
systems that have 1,000 or fewer subscribers. This limited, temporary 
stay is effective September 1, 1993, and will remain in effect until the 
Commission terminates the stay and establishes a new effective date in 
an order on reconsideration addressing the administrative burdens and 
costs of compliance for small cable systems. The Commission will publish 
in the Federal Register the new effective date of the rules with respect 
to small cable systems at that time.