§ 76.1600   Electronic delivery of notices.

   (a) Written information provided by cable operators to subscribers or
   customers pursuant to § § 76.1601, 76.1602, 76.1603, 76.1604, 76.1618,
   and 76.1620 of this Subpart T, as well as subscriber privacy
   notifications required by cable operators, satellite providers, and
   open video systems pursuant to sections 631, 338(i), and 653 of the
   Communications Act, may be delivered electronically by email to any
   subscriber who has not opted out of electronic delivery under paragraph
   (a)(3) of this section if the entity:

   (1) Sends the notice to the subscriber's or customer's verified email
   address;

   (2) Provides either the entirety of the written information or a
   weblink to the written information in the notice; and

   (3) Includes, in the body of the notice, a telephone number that is
   clearly and prominently presented to subscribers so that it is readily
   identifiable as an opt-out mechanism that will allow subscribers to
   continue to receive paper copies of the written material.

   (b) For purposes of this section, a verified email address is defined
   as:

   (1) An email address that the subscriber has provided to the cable
   operator (and not vice versa) for purposes of receiving communication;

   (2) An email address that the subscriber regularly uses to communicate
   with the cable operator; or

   (3) An email address that has been confirmed by the subscriber as an
   appropriate vehicle for the delivery of notices.

   (c) Cable operators that provide written Subpart T notices via paper
   copy may provide certain portions of the § 76.1602 annual notices
   electronically, to any subscriber who has not opted out of electronic
   delivery under paragraphs (a)(3) or (c)(3) of this section, by
   prominently displaying the following on the front or first page of the
   printed annual notice:

   (1) A weblink in a form that is short, simple, and easy to remember,
   leading to written information required to be provided pursuant to
   § 76.1602(b)(2), (7), and (8);

   (2) A weblink in a form that is short, simple, and easy to remember,
   leading to written information required to be provided pursuant to
   § 76.1602(b)(5); and

   (3) A telephone number that is readily identifiable as an opt-out
   mechanism that will allow subscribers to continue to receive paper
   copies of the entire annual notice.

   (d) If the conditions for electronic delivery in paragraphs (a) and (b)
   of this section are not met, or if a subscriber opts out of electronic
   delivery, the written material must be delivered by paper copy to the
   subscriber's physical address.

   [ 83 FR 66157 , Dec. 26, 2019]

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