Sec.  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  Sec. 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]