§  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 § § 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 § 76.901(c) and are owned by a small
   cable company as defined under § 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, § 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.