Sec.  76.804   Disposition of home run wiring.

   (a) Building-by-building disposition of home run wiring. (1) Where an MVPD
   owns the home run wiring in an MDU and does not (or will not at the
   conclusion of the notice period) have a legally enforceable right to remain
   on the premises against the wishes of the MDU owner, the MDU owner may give
   the MVPD a minimum of 90 days' written notice that its access to the entire
   building will be terminated to invoke the procedures in this section. The
   MVPD will then have 30 days to notify the MDU owner in writing of its
   election for all the home run wiring inside the MDU building: to remove the
   wiring and restore the MDU building consistent with state law within 30 days
   of the end of the 90-day notice period or within 30 days of actual service
   termination, whichever occurs first; to abandon and not disable the wiring
   at the end of the 90-day notice period; or to sell the wiring to the MDU
   building owner. If the incumbent provider elects to remove or abandon the
   wiring, and it intends to terminate service before the end of the 90-day
   notice period, the incumbent provider shall notify the MDU owner at the time
   of this election of the date on which it intends to terminate service. If
   the incumbent provider elects to remove its wiring and restore the building
   consistent with state law, it must do so within 30 days of the end of the
   90-day notice period or within 30 days of actual service termination, which
   ever occurs first. For purposes of abandonment, passive devices, including
   splitters, shall be considered part of the home run wiring. The incumbent
   provider that has elected to abandon its home run wiring may remove its
   amplifiers or other active devices used in the wiring if an equivalent
   replacement can easily be reattached. In addition, an incumbent provider
   removing any active elements shall comply with the notice requirements and
   other rules regarding the removal of home run wiring. If the MDU owner
   declines to purchase the home run wiring, the MDU owner may permit an
   alternative provider that has been authorized to provide service to the MDU
   to negotiate to purchase the wiring.

   (2) If the incumbent provider elects to sell the home run wiring under
   paragraph (a)(1) of this section, the incumbent and the MDU owner or
   alternative provider shall have 30 days from the date of election to
   negotiate a price. If the parties are unable to agree on a price within that
   30-day time period, the incumbent must elect: to abandon without disabling
   the wiring; to remove the wiring and restore the MDU consistent with state
   law; or to submit the price determination to binding arbitration by an
   independent expert. If the incumbent provider chooses to abandon or remove
   its wiring, it must notify the MDU owner at the time of this election if and
   when it intends to terminate service before the end of the 90-day notice
   period. If the incumbent service provider elects to abandon its wiring at
   this point, the abandonment shall become effective at the end of the 90-day
   notice period or upon service termination, whichever occurs first. If the
   incumbent elects at this point to remove its wiring and restore the building
   consistent with state law, it must do so within 30 days of the end of the
   90-day notice period or within 30 days of actual service termination, which
   ever occurs first.

   (3) If the incumbent elects to submit to binding arbitration, the parties
   shall have seven days to agree on an independent expert or to each designate
   an expert who will pick a third expert within an additional seven days. The
   independent expert chosen will be required to assess a reasonable price for
   the home run wiring by the end of the 90-day notice period. If the incumbent
   elects to submit the matter to binding arbitration and the MDU owner (or the
   alternative provider) refuses to participate, the incumbent shall have no
   further obligations under the Commission's home run wiring disposition
   procedures. If the incumbent fails to comply with any of the deadlines
   established herein, it shall be deemed to have elected to abandon its home
   run wiring at the end of the 90-day notice period.

   (4) The MDU owner shall be permitted to exercise the rights of individual
   subscribers under this subsection for purposes of the disposition of the
   cable home wiring under  Sec. 76.802. When an MDU owner notifies an incumbent
   provider under this section that the incumbent provider's access to the
   entire building will be terminated and that the MDU owner seeks to use the
   home run wiring for another service, the incumbent provider shall, in
   accordance with our current home wiring rules: offer to sell to the MDU
   owner any home wiring within the individual dwelling units that the
   incumbent provider owns and intends to remove; and provide the MDU owner
   with the total per-foot replacement cost of such home wiring. This
   information must be provided to the MDU owner within 30 days of the initial
   notice that the incumbent's access to the building will be terminated. If
   the MDU owner declines to purchase the cable home wiring, the MDU owner may
   allow the alternative provider to purchase the home wiring upon service
   termination under the terms and conditions of  Sec. 76.802. If the MDU owner or
   the alternative provider elects to purchase the home wiring under these
   rules, it must so notify the incumbent MVPD provider not later than 30 days
   before the incumbent's termination of access to the building will become
   effective. If the MDU owner and the alternative provider fail to elect to
   purchase the home wiring, the incumbent provider must then remove the cable
   home wiring, under normal operating conditions, within 30 days of actual
   service termination, or make no subsequent attempt to remove it or to
   restrict its use.

   (5) The parties shall cooperate to avoid disruption in service to
   subscribers to the extent possible.

   (b) Unit-by-unit disposition of home run wiring:

   (1) Where an MVPD owns the home run wiring in an MDU and does not (or will
   not at the conclusion of the notice period) have a legally enforceable right
   to maintain any particular home run wire dedicated to a particular unit on
   the premises against the MDU owner's wishes, the MDU owner may permit
   multiple MVPDs to compete for the right to use the individual home run wires
   dedicated to each unit in the MDU. The MDU owner must provide at least 60
   days' written notice to the incumbent MVPD of the MDU owner's intention to
   invoke this procedure. The incumbent MVPD will then have 30 days to provide
   a single written election to the MDU owner as to whether, for each and every
   one of its home run wires dedicated to a subscriber who chooses an
   alternative provider's service, the incumbent MVPD will: remove the wiring
   and restore the MDU building consistent with state law; abandon the wiring
   without disabling it; or sell the wiring to the MDU owner. If the MDU owner
   refuses to purchase the home run wiring, the MDU owner may permit the
   alternative provider to purchase it. If the alternative provider is
   permitted to purchase the wiring, it will be required to make a similar
   election within this 30-day period for each home run wire solely dedicated
   to a subscriber who switches back from the alternative provider to the
   incumbent MVPD.

   (2) If the incumbent provider elects to sell the home run wiring under
   paragraph (b)(1), the incumbent and the MDU owner or alternative provider
   shall have 30 days from the date of election to negotiate a price. During
   this 30-day negotiation period, the parties may arrange for an up-front lump
   sum payment in lieu of a unit-by-unit payment. If the parties are unable to
   agree on a price during this 30-day time period, the incumbent must elect:
   to abandon without disabling the wiring; to remove the wiring and restore
   the MDU consistent with state law; or to submit the price determination to
   binding arbitration by an independent expert. If the incumbent elects to
   submit to binding arbitration, the parties shall have seven days to agree on
   an independent expert or to each designate an expert who will pick a third
   expert within an additional seven days. The independent expert chosen will
   be required to assess a reasonable price for the home run wiring within 14
   days. If subscribers wish to switch service providers after the expiration
   of the 60-day notice period but before the expert issues its price
   determination, the procedures set forth in paragraph (b)(3) of this section
   shall be followed, subject to the price established by the arbitrator. If
   the incumbent elects to submit the matter to binding arbitration and the MDU
   owner (or the alternative provider) refuses to participate, the incumbent
   shall have no further obligations under the Commission's home run wiring
   disposition procedures.

   (3) When an MVPD that is currently providing service to a subscriber is
   notified either orally or in writing that that subscriber wishes to
   terminate service and that another service provider intends to use the
   existing home run wire to provide service to that particular subscriber, a
   provider that has elected to remove its home run wiring pursuant to
   paragraph (b)(1) or (b)(2) of this section will have seven days to remove
   its home run wiring and restore the building consistent with state law. If
   the subscriber has requested service termination more than seven days in the
   future, the seven-day removal period shall begin on the date of actual
   service termination (and, in any event, shall end no later than seven days
   after the requested date of termination). If the provider has elected to
   abandon or sell the wiring pursuant to paragraph (b)(1) or (b)(2) of this
   section, the abandonment or sale will become effective upon actual service
   termination or upon the requested date of termination, whichever occurs
   first. For purposes of abandonment, passive devices, including splitters,
   shall be considered part of the home run wiring. The incumbent provider may
   remove its amplifiers or other active devices used in the wiring if an
   equivalent replacement can easily be reattached. In addition, an incumbent
   provider removing any active elements shall comply with the notice
   requirements and other rules regarding the removal of home run wiring. If
   the incumbent provider intends to terminate service prior to the end of the
   seven-day period, the incumbent shall inform the party requesting service
   termination, at the time of such request, of the date on which service will
   be terminated. The incumbent provider shall make the home run wiring
   accessible to the alternative provider within the 24-hour period prior to
   actual service termination.

   (4) If the incumbent provider fails to comply with any of the deadlines
   established herein, the home run wiring shall be considered abandoned, and
   the incumbent may not prevent the alternative provider from using the home
   run wiring immediately to provide service. The alternative provider or the
   MDU owner may act as the subscriber's agent in providing notice of a
   subscriber's desire to change services, consistent with state law. If a
   subscriber's service is terminated without notification that another service
   provider intends to use the existing home run wiring to provide service to
   that particular subscriber, the incumbent provider will not be required to
   carry out its election to sell, remove or abandon the home run wiring; the
   incumbent provider will be required to carry out its election, however, if
   and when it receives notice that a subscriber wishes to use the home run
   wiring to receive an alternative service. Section 76.802 of the Commission's
   rules regarding the disposition of cable home wiring will apply where a
   subscriber's service is terminated without notifying the incumbent provider
   that the subscriber wishes to use the home run wiring to receive an
   alternative service.

   (5) The parties shall cooperate to avoid disruption in service to
   subscribers to the extent possible.

   (6) Section 76.802 of the Commission's rules regarding the disposition of
   cable home wiring will continue to apply to the wiring on the subscriber's
   side of the cable demarcation point.

   (c) The procedures set forth in paragraphs (a) and (b) of this section shall
   apply unless and until the incumbent provider obtains a court ruling or an
   injunction within forty-five (45) days following the initial notice
   enjoining its displacement.

   (d) After the effective date of this rule, MVPDs shall include a provision
   in all service contracts entered into with MDU owners setting forth the
   disposition of any home run wiring in the MDU upon the termination of the
   contract.

   (e) Incumbents are prohibited from using any ownership interest they may
   have in property located on or near the home run wiring, such as molding or
   conduit, to prevent, impede, or in any way interfere with, the ability of an
   alternative MVPD to use the home run wiring pursuant to this section.

   (f) Section 76.804 shall apply to all MVPDs.

   [ 62 FR 61032 , Nov. 14, 1997, as amended at  68 FR 13855 , Mar. 21, 2003]