Sec.  76.1603   Customer service—rate and service changes.

   (a) A cable franchise authority may enforce the customer service standards
   set forth in paragraph (b) of this section against cable operators. The
   franchise authority must provide affected cable operators 90 days written
   notice of its intent to enforce standards.

   (b) Customers will be notified of any changes in rates, programming services
   or channel positions as soon as possible in writing. Notice must be given to
   subscribers a minimum of thirty (30) days in advance of such changes if the
   change is within the control of the cable operator. In addition, the cable
   operator shall notify subscribers 30 days in advance of any significant
   changes in the other information required by  Sec. 76.1602.

   (c) In addition to the requirement of paragraph (b) of this section
   regarding advance notification to customers of any changes in rates,
   programming services or channel positions, cable systems shall give 30 days
   written notice to both subscribers and local franchising authorities before
   implementing any rate or service change. Such notice shall state the precise
   amount of any rate change and briefly explain in readily understandable
   fashion the cause of the rate change (e.g., inflation, change in external
   costs or the addition/deletion of channels). When the change involves the
   addition or deletion of channels, each channel added or deleted must be
   separately identified. For purposes of the carriage of digital broadcast
   signals, the operator need only identify for subscribers, the television
   signal added and not whether that signal may be multiplexed during certain
   dayparts.

   (d) A cable operator shall provide written notice to a subscriber of any
   increase in the price to be charged for the basic service tier or associated
   equipment at least 30 days before any proposed increase is effective. The
   notice should include the name and address of the local franchising
   authority.

   (e) To the extent the operator is required to provide notice of service and
   rate changes to subscribers, the operator may provide such notice using any
   reasonable written means at its sole discretion.

   (f) Notwithstanding any other provision of part 76 of this chapter, a cable
   operator shall not be required to provide prior notice of any rate change
   that is the result of a regulatory fee, franchise fee, or any other fee,
   tax, assessment, or charge of any kind imposed by any Federal agency, State,
   or franchising authority on the transaction between the operator and the
   subscriber.

   Note 1 to  Sec. 76.1603: Section 624(h) of the Communications Act, 47 U.S.C.
   544(h), contains additional notification requirements which a franchising
   authority may enforce.

   Note 2 to  Sec. 76.1603: Section 624(d)(3) of the Communications Act, 47 U.S.C.
   544(d)(3), contains additional notification provisions pertaining to cable
   operators who offer a premium channel without charge to cable subscribers
   who do not subscribe to such premium channel.

   Note 3 to  Sec. 76.1603: Section 631 of the Communications Act, 47 U.S.C. 551,
   contains additional notification requirements pertaining to the protection
   of subscriber privacy.

   [ 65 FR 53617 , Sept. 5, 2000, as amended at  66 FR 16554 , Mar. 26, 2001]