Section 15-3103. EQUIPMENT PROVIDED BY A CABLE OPERATOR

 

3103.1A cable operator shall make available necessary equipment for subscribers to utilize services provided by a cable operator, such as converters and remote control devices. A cable operator shall supply a parental control device upon request at a charge consistent with the cable operator's applicable franchise agreement and applicable law.

 

3103.2At a subscriber's request, a cable operator shall exchange faulty converters at the subscriber's address without charge. In such cases, the cable operator shall provide another converter, install it, and ensure that it is working properly.

 

3103.3A cable operator may require a refundable, nondiscriminatory deposit for equipment provided to subscribers, and the deposit shall be placed in an interest- bearing account.

 

3103.4A cable operator shall refund a deposit made by a subscriber, plus actual interest accrued pursuant to subsection 3103.3, within thirty (30) days after disconnection of service and the return of equipment.

 

3103.5A cable operator shall make available arrangements for the return of equipment at the subscriber's address, such as pickup upon disconnection, or a satisfactory equivalent, such as the provision of a postage-prepaid mailer, and permit the return of equipment to a customer service center within thirty (30) days after the disconnection of services or by the last date the subscriber occupies the address (whichever is earlier). A cable operator shall give the subscriber a receipt showing the date and time of the return of the equipment. When equipment is returned, a cable operator shall promptly test the equipment to determine damage. Otherwise, subsequent claims of damages shall be deemed waived.

 

3103.6In the event a subscriber does not cooperate with a cable operator's reasonable efforts to recover equipment, a cable operator may require the subscriber to return the equipment at a customer service center.

 

3103.7A cable operator may hold a subscriber at fault for unreturned equipment if, within the time set forth in subsection 3103.5:

 

(a)The subscriber refused to make or keep arrangements for equipment pickup at the subscriber's address;

 

(b)The subscriber failed to avail themselves of alternative arrangements for the return of equipment; or

 

(c)The subscriber failed to return the equipment to a customer service center..

 

3103.8A cable operator may charge the subscriber or deduct from the subscriber's deposit the depreciated value of the equipment if equipment is lost, damaged, or stolen.

 

3103.9If a cable operator seeks to charge the subscriber for lost, stolen, or damaged equipment, the cable operator shall give a written notice to the subscriber of the amount charged.

 

3103.10A cable operator shall keep records showing the resolution of subscriber claims regarding lost, stolen, or damaged equipment.

 

3103.11In addition to the total amount of a refund due to a subscriber, if a cable operator fails to pay a refund due a subscriber, within forty-five (45) days of the disconnection of service and the return of equipment, the cable operator shall make an additional payment to the subscriber equal to 20% of the amount owed. A cable operator shall issue additional payments to the subscriber equal to 20% of the amount owed for each additional thirty (30) days that the refund remains outstanding.

 

3103.12A cable operator shall provide free demonstrations of equipment at a cable operator's customer service center(s) on an ongoing basis and at the subscriber's address at the time of installation.

 

3103.13Consistent with federal law, a cable operator shall allow the connection or use of authorized navigation devices (for example, converters and interactive equipment), provided that the equipment does not cause harm to the cable system and is not used for unauthorized access to the cable system and its services.

 

source

Final Rulemaking published at 49 DCR 6797 (July 19, 2002).