§  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 § 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 § 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 § 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 § 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]