CABL Forum - Re: Cable guys telling customers they own cable in

Heres the actual fcc rule on home cabling, it belong to the cable company for 7 days after termination
and they have the right to remove it if the customer does not want to buy it at time of disconnect for current cost of wire and splitters not labor. but if the customer refuses to buy and the cable company does not remove and repair any damage within 7 days it belongs to home owner, but state laws over ride these also.

§ 76.801 Scope.
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The provisions of this subpart set forth rules and regulations for the disposition, after a
subscriber voluntarily terminates cable service, of that cable home wiring installed by the
cable system operator or its contractor within the premises of the subscriber. The
provisions do not apply where the cable home wiring belongs to the subscriber, such as
where the operator has transferred ownership to the subscriber, the operator has been
treating the wiring as belonging to the subscriber for tax purposes, or the wiring is
considered to be a fixture by state or local law in the subscriber's jurisdiction. Nothing in
this subpart shall affect the cable system operator's rights and responsibilities under
§76.617 to prevent excessive signal leakage while providing cable service, or the cable
operator's right to access the subscriber's property or premises.
[58 FR 11971, Mar. 2, 1993]
§ 76.802 Disposition of cable home wiring.
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(a)(1) Upon voluntary termination of cable service by a subscriber in a single unit
installation, a cable operator shall not remove the cable home wiring unless it gives the
subscriber the opportunity to purchase the wiring at the replacement cost, and the
subscriber declines. If the subscriber declines to purchase the cable home wiring, the cable
system operator must then remove the cable home wiring within seven days of the
subscriber'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 service by an individual subscriber in a multipleunit
installation, a cable operator shall not be entitled to remove the cable home wiring
unless: it gives the subscriber the opportunity to purchase the wiring at the replacement
cost; the subscriber 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 subscriber declines. If the cable system operator is entitled to remove the
cable home wiring, it must then remove the wiring within seven days of the subscriber'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 subscriber's side of the demarcation point multiplied by the length in feet
of such wiring, and the replacement cost of any passive splitters located on the
subscriber's side of the demarcation point.
(b) During the initial telephone call in which a subscriber contacts a cable operator to
voluntarily terminate cable service, the cable operator? if it owns and intends to remove
the home wiring? must inform the subscriber:
(1) That the cable operator owns the home wiring;
(2) That the cable operator intends to remove the home wiring;
(3) That the subscriber 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 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 must be available for use during the initial phone call).
(c) If the subscriber voluntarily terminates cable service in person, the procedures set forth
in paragraph (b) of this section apply.
(d) If the subscriber requests termination of cable service in writing, it is the operator's
responsibility? if it wishes to remove the wiring? to make reasonable efforts to contact the
subscriber prior to the date of service termination and follow the procedures set forth in
paragraph (b) of this section.
(e) If the cable operator fails to adhere to the procedures described in paragraph (b) of this
section, 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 operator adheres to the procedures described in paragraph (b) of this
section, and, at that point, the subscriber agrees to purchase the wiring, constructive
ownership over the home wiring will transfer to the subscriber immediately, and the
subscriber will be permitted to authorize a competing service provider to connect with and
use the home wiring.
(g) If the cable operator adheres to the procedures described in paragraph (b) of this
section, and the subscriber asks for more time to make a decision regarding whether to
purchase the home wiring, the seven (7) day period described in paragraph (b) of this
section will not begin running until the subscriber declines to purchase the wiring; in
addition, the subscriber may not use the wiring to connect to an alternative service
provider until the subscriber notifies the operator whether or not the subscriber wishes to
purchase the wiring.
(h) If an alternative video programming service provider connects its wiring to the home
wiring before the incumbent cable 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 Commission's signal leakage requirements. See Subpart K (technical standards)
of the Commission's Cable Television Service rules (47 CFR 76.605(a)(13) and 76.610
through 76.617).
(i) Where the subscriber terminates cable service but will not be using the home wiring to
receive another alternative video programming service, the cable operator shall properly
cap off its own line in accordance with the Commission's signal leakage requirements. See
Subpart K (technical standards) of the Commission's Cable Television Service rules (47
CFR 76.605(a)(13) and 76.610 through 76.617).
(j) Cable operators are prohibited from using any ownership interests they may have in
property located on the subscriber's side of the demarcation point, such as molding or
conduit, to prevent, impede, or in any way interfere with, a subscriber's right to use his or
her home wiring to receive an alternative service. In addition, incumbent cable operators
must take reasonable steps within their control to ensure that an alternative service
provider has access to the home wiring at the demarcation point. Cable operators and
alternative multichannel video programming delivery service providers are required to
minimize the potential for signal leakage in accordance with the guidelines set forth in 47

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Re: Cable guys telling customers they own cable in