Section 15-3113. DISCONNECTION AND TERMINATION OF SERVICE

 

3113.1A subscriber may at any time request a disconnection of service. A cable operator shall disconnect service at no charge to the subscriber, except that the subscriber may be obligated to pay an outstanding account balance.

 

3113.2For billing purposes only, a cable operator shall consider a disconnection to be effective no later than the next business day after a cable operator receives the subscriber's request to discontinue service or at a date specified by the subscriber for the disconnection of services, whichever is later. However, the cable operator may impose appropriate charges or penalties if a subscriber fails to return equipment in a timely manner consistent with subsection 3103.5.

 

3113.3At the time of disconnection, if the subscriber disconnects service before the end of a period for prepaid services, a cable operator shall refund a pro rata portion of any prepaid fees, based upon the applicable billing period.

 

3113.4A cable operator shall complete all disconnections requested by subscribers within ten (10) days of the subscriber's request, unless the subscriber requests a later date for disconnection.

 

3113.5Subscribers shall have the right to return equipment to a cable operator during disconnection appointments.

 

3113.6A cable operator may only charge a subscriber for the downgrade of a service to the extent permitted by federal law.

 

3113.7When a cable operator initiates an involuntary termination at a subscriber's residence for non-payment, the cable operator shall attempt to reach the subscriber on-site regarding the pending termination prior to the termination of service.

 

3113.8If a subscriber pays an outstanding account balance to a representative of the cable operator at the time the representative arrives at the subscriber's address to terminate service, the cable operator shall not terminate the subscriber's services. A cable operator may charge the subscriber a reasonable collection fee, provided that the fee is listed on a cable operator's list of rates pursuant to subsection 3102.1.

 

3113.9If a cable operator terminates service for non-payment at the subscriber's.address when the subscriber is not present, a cable operator shall provide written notice at the time service is terminated that shall provide the following:

 

(a)Inform the subscriber that service has been terminated;

 

(b)Describe the outstanding amount of the account as of the termination date and applicable reconnection charges; and

 

(c)Provide the subscriber with the cable operator's telephone number and payment center address.

 

3113.10In cases of remote terminations, a cable operator shall promptly notify the terminated subscriber in writing with the information listed in subsection 3113.8 either by mail or other means.

 

3113.11A cable operator shall not terminate cable service without good cause. If a cable operator terminates service without good cause, it shall promptly restore service without charge.

 

3113.12A cable operator may immediately terminate a subscriber without prior notice if a subscriber has damaged, destroyed, or unlawfully tampered with the cable operator's cable system; a subscriber receives unauthorized service from a cable operator; or where a cable operator detects signal leakage that is originating from the subscriber's address in excess of federal limits, provided that the cable operator has first attempted to repair the leakage without terminating service.

 

3113.13In cases of signal leakage, a cable operator may temporarily disconnect service while it corrects the signal leakage problem. The cable operator shall immediately notify the subscriber of the termination and leakage problem. Once the problem is corrected, a cable operator shall immediately reconnect the subscriber without charge.

 

3113.14If a subscriber voluntarily disconnects service and a cable operator intends to remove its home wiring from the subscriber's premises, the cable operator shall remove the wiring in accordance with the procedures specified in federal regulations 47 C.F.R. §76.802, as amended from time to time. In other cases, where a cable operator elects to remove its home wiring from the subscriber's premises, a cable operator shall do so within seven (7) business days of disconnecting the subscriber's service, unless applicable law provides otherwise.

 

source

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