§  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
   the subscriber:

   (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
   its use.

   (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
   76.617).

   (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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