Sec.  76.980   Charges for customer changes.

   (a) This section shall govern charges for any changes in service tiers or
   equipment provided to the subscriber that are initiated at the request of a
   subscriber after initial service installation.

   (b) The charge for customer changes in service tiers effected solely by
   coded entry on a computer terminal or by other similarly simple methods
   shall  be  a nominal amount, not exceeding actual costs, as defined in
   paragraph (c) of this section.

   (c) The charge for customers changes in service tiers or equipment that
   involve more than coded entry on a computer or other similarly simple method
   shall be based on actual cost. The actual cost charge shall be either the
   HSC, as defined in Section 76.923 of the rules, multiplied by the number of
   persons hours needed to implement the change, or the HSC multiplied by the
   average number of persons hours involved in implementing customer changes.

   (d) A cable operator may establish a higher charge for changes effected
   solely by coded entry on a computer terminal or by other similarly simple
   methods, subject to approval by the franchising authority, for a subscriber
   changing service tiers more than two times in a twelve month period, except
   for  such  changes ordered in response to a change in price or channel
   line-up.

   (e) Downgrade charges that are the same as, or lower than, upgrade charges
   are evidence of the reasonableness of such downgrade charges.

   (f) For 30 days after notice of retiering or rate increases, a customer may
   obtain changes in service tiers at no additional charge.

   Note 1 to  Sec. 76.980: Cable operators must also notify subscribers of potential
   charges for customer service changes, as provided in  Sec. 76.1604.

   [ 58 FR 29753 , May 21, 1993, as amended at  65 FR 53617 , Sept. 5, 2000]