§ 26-31. Disconnection and downgrades.

(a)

Voluntary termination.

(1)

A subscriber may terminate or downgrade service at any time. A franchisee will disconnect from the franchisee's cable system or downgrade any subscriber who so requests within seven (7) business days. No charges for service may be made after the subscriber requests disconnection or downgrade. No period of notice before voluntary termination or downgrade of cable service may be required of subscribers. There will be no charge for disconnection, except as permitted by applicable law, and any downgrade charges will conform to applicable law. This section does not apply to promotional, bulk, or other contracts where a subscriber has entered into a contract for service for a set time period.

(2)

Any security deposit and/or other funds, including interest, due a subscriber that disconnects or downgrades service will be returned to the subscriber within 45 days from the date disconnection or downgrade was requested except in cases where the subscriber does not permit the franchisee to recover its equipment, in which case the amounts owed will be paid to subscribers within 45 days of the date the equipment was recovered.

(3)

A subscriber that requests to terminate a promotional offer or requests to return to the prior level of service after the promotion ends, shall be able to do so without paying any additional charges or being required to obtain additional equipment at the subscriber's cost beyond that generally paid by subscribers to such level of service to the extent such level of service is still available.

(b)

Involuntary disconnection.

(1)

A franchisee may disconnect a subscriber's service for non-payment if:

a.

The subscriber is delinquent in payment for cable service;

b.

A written notice of impending disconnection has been sent to the subscriber after the due date of the bill, and at least ten days before the date on which service may be disconnected, at the premises where the subscriber requests billing, which notice must identify the name and address of the subscriber whose account is delinquent, state the date by which disconnection may occur if payment is not made, and the amount the subscriber must pay to avoid disconnection, and a telephone number of a representative of the franchisee who can provide additional information concerning and handle Complaints or initiate an investigation concerning the services and charges in question;

c.

The subscriber fails to pay the amounts owed to avoid disconnection by the date of disconnection, which must be at least 35 days after the due date of the subscriber's monthly bill or other charge; and

d.

No pending inquiry exists regarding the bill that the subscriber has failed to pay to which franchisee has not responded in writing, if the subscriber inquiry was in writing, or via telephone or in writing if the subscriber inquiry was via telephone.

(2)

Service may only be disconnected on days in which the subscriber can reach a representative of the franchisee either in person or by telephone to make a payment on the account or the subscriber has had other reasonable opportunities to make a payment.

(3)

After disconnection, upon payment by the subscriber in full of all proper fees or charges, including the payment of the reconnection charge, if any, the franchisee will reinstate service within seven business days, except as otherwise provided in this article below.

(c)

Immediate disconnection. A franchisee may immediately disconnect a subscriber if:

(1)

The subscriber is damaging, destroying, or unlawfully tampering with or has damaged or destroyed or unlawfully tampered with the franchisee's cable system;

(2)

The subscriber is not authorized to receive service and is receiving and/or is facilitating, aiding or abetting the unauthorized receipt of service by others; or

(3)

Subscriber-installed or attached equipment is resulting in signal leakage in violation of FCC rules.

(d)

Other disconnection. Nothing in this article shall be construed to prevent the franchisee from removing its property from a subscriber's premises upon the termination of service consistent with FCC rules and any other applicable law. At the subscriber's request, a franchisee shall remove all of its facilities and equipment from the subscriber's premises within 30 calendar days of the subscriber's request. Where removal is impractical, such as with buried cable or internal wiring, facilities and equipment may be disconnected and abandoned rather than removed, unless there is a written agreement stating otherwise, provided, however, that such agreement must be consistent with applicable law and FCC rules. Notwithstanding anything to the contrary, a franchisee shall comply with all FCC rules as now or hereafter may be amended with respect to subscribers' rights and interests including, but not limited to, right to purchase and determination of ownership of cable wiring and equipment.

(e)

Fines. The county may fine a franchisee for violation of this section $250.00 for each violation with each day of a continuing violation constituting a separate violation.

(Ord. No. 02-18, § 2, 7-30-02)