§  76.805   Access to molding.

   (a) An MVPD shall be permitted to install one or more home run wires
   within the existing molding of an MDU where the MDU owner finds that
   there is sufficient space to permit the installation of the additional
   wiring without interfering with the ability of an existing MVPD to
   provide service, and gives its affirmative consent to such
   installation. This paragraph shall not apply where the incumbent
   provider has an exclusive contractual right to occupy the molding.

   (b) If an MDU owner finds that there is insufficient space in existing
   molding to permit the installation of the new wiring without
   interfering with the ability of an existing MVPD to provide service,
   but gives its affirmative consent to the installation of larger molding
   and additional wiring, the MDU owner (with or without the assistance of
   the incumbent and/or the alternative provider) shall be permitted to
   remove the existing molding, return such molding to the incumbent, if
   appropriate, and install additional wiring and larger molding in order
   to contain the additional wiring. This paragraph shall not apply where
   the incumbent provider possesses a contractual right to maintain its
   molding on the premises without alteration by the MDU owner.

   (c) The alternative provider shall be required to pay any and all
   installation costs associated with the implementation of paragraphs (a)
   or (b) of this section, including the costs of restoring the MDU
   owner's property to its original condition, and the costs of repairing
   any damage to the incumbent provider's wiring or other property.

   [ 62 FR 61033 , Nov. 14, 1997]