N.J. Admin. Code § 14:18-4.11 - Disposition of cable home wiring

(a) The following applies to all individual customer's home wiring:

1. Upon voluntary termination of cable television service by a customer in a single unit installation, a cable television operator shall not remove the cable home wiring unless it gives the customer the opportunity to purchase the wiring at the replacement cost, and the customer declines. If the customer declines to purchase the cable home wiring, the cable television system operator shall then remove the cable home wiring within seven days of the customer'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 television service by an individual customer in a multiple-unit installation, a cable television operator shall not be entitled to remove the cable home wiring unless: it gives the customer the opportunity to purchase the wiring at the replacement cost; the customer 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 customer declines. If the cable television system operator is entitled to remove the cable home wiring, it shall then remove the wiring within seven days of the customer'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 customer's side of the demarcation point multiplied by the length in feet of such wiring, and the replacement cost of any splitters or other passive equipment located on the customer's side of the demarcation point.

(b) During the initial telephone call in which a customer contacts a cable television operator to voluntarily terminate cable television service, the cable television operator--if it owns and intends to remove the home wiring--shall inform the customer:

1. That the cable television operator owns the home wiring;

2. That the cable television operator intends to remove the home wiring;

3. That the customer 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 television 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 shall be available for use during the initial phone call).

(c) If the customer voluntarily terminates cable television service in person, the procedures set forth in (b) above apply.

(d) If the customer requests termination of cable television service in writing, it is the operator's responsibility--if it wishes to remove the wiring--to make reasonable efforts to contact the customer prior to the date of service termination and follow the procedures set forth in (b) above.

(e) If the cable television operator fails to adhere to the procedures described in (b) above, 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 television operator adheres to the procedures described in (b) above, and, at that point, the customer agrees to purchase the wiring, constructive ownership over the home wiring will transfer to the customer immediately, and the customer will be permitted to authorize a competing service provider to connect with and use the home wiring.

(g) If the cable television operator adheres to the procedures described in (b) above, and the customer asks for more time to make a decision regarding whether to purchase the home wiring, the seven day period described in (b) above, will not begin running until the customer declines to purchase the wiring; in addition, the customer may not use the wiring to connect to an alternative service provider until the customer notifies the operator whether or not the customer wishes to purchase the wiring.

(h) If an alternative video programming service provider connects its wiring to the home wiring before the incumbent cable television 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 FCC's signal leakage requirements as set forth in Subpart K (technical standards) of the FCC's Cable Television Service rules (47 C.F.R. §§ 76.605(a)(13) and 76.610 through 76.617).

(i) Where the customer terminates cable television service but will not be using the home wiring to receive another alternative video programming service, the cable television operator shall properly cap off its own line in accordance with the FCC's signal leakage requirements.

(j) Cable television operators are prohibited from using any ownership interests they may have in property located on the customer's side of the demarcation point, such as molding or conduit, to prevent, impede, or in any way interfere with, a customer's right to use his or her home wiring to receive an alternative service. In addition, incumbent cable television operators shall take reasonable steps within their control to ensure that an alternative service provider has access to the home wiring at the demarcation point. Cable television operators and alternative multichannel video programming delivery service providers are required to minimize the potential for signal leakage in accordance with FCC guidelines set forth in 47 C.F.R. §§ 76.605(a)(13) and 76.610 through 76.617, theft of service and unnecessary disruption of the consumer's premises.

(k) These provisions, except for (a)1 above, shall apply to all MVPDs in the same manner that they apply to cable television operators.

Notes

N.J. Admin. Code § 14:18-4.11

New Rule, R.2003 d.452, effective 11/17/2003.
See: 35 N.J.R. 100(a), 35 N.J.R. 5294(a).