Goto Section: 76.801 | 76.804 | Table of Contents
Revised as of December 4, 2012
Goto Year:2011 |
§ 76.802 Disposition of cable home wiring.
(a)(1) Upon voluntary termination of cable service by a subscriber in a
single unit installation, 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. If the
subscriber declines to purchase the cable home wiring, the cable system
operator must then remove the cable home wiring within seven days of
the subscriber's decision, under normal operating conditions, or make
no subsequent attempt to remove it or to restrict its use.
(2) Upon voluntary termination of cable service by an individual
subscriber in a multiple-unit installation, a cable operator shall not
be entitled to remove the cable home wiring unless: it gives the
subscriber the opportunity to purchase the wiring at the replacement
cost; the subscriber declines, and neither the MDU owner nor an
alternative MVPD, where permitted by the MDU owner, has provided
reasonable advance notice to the incumbent provider that it would
purchase the cable home wiring pursuant to this section if and when a
subscriber declines. If the cable system operator is entitled to remove
the cable home wiring, it must then remove the wiring within seven days
of the subscriber's decision, under normal operating conditions, or
make no subsequent attempt to remove it or to restrict its use.
(3) The cost of the cable home wiring is to be based on the replacement
cost per foot of the wiring on the subscriber's side of the demarcation
point multiplied by the length in feet of such wiring, and the
replacement cost of any passive splitters located on the subscriber's
side of the demarcation point.
(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
(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 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
(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) 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
(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).
(l) The provisions of § 76.802 shall apply to all MVPDs in the same
manner that they apply to cable operators.
[ 61 FR 6137 , Feb. 16, 1996, as amended at 62 FR 61031 , Nov. 14, 1997;
68 FR 13855 , Mar. 21, 2003]
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Goto Section: 76.801 | 76.804
Goto Year: 2011 |
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