§ 138-28. Billing disputes and/or contested charges.*

A. 

In those instances in which a subscriber contests the actual amount of a bill for service or other charges, or a periodic invoice for such, or the imposition of charge for a particular multichannel service or technical service request, such as installation or upgrade of service, or the amount of an administrative fee and/or late charge, such subscriber shall make the MCS provider aware (either in writing, or by verified verbal communication) of such contested amount prior to the multichannel service being disconnected.

B. 

No subscriber shall have service disconnected, and no MCS provider shall disconnect such service, during the period in which the contest of a rate or charge is unresolved. However, if the matters is resolved in favor of the MCS provider, the MCS provider may immediately disconnect the service if the subscriber has not paid the amount owed.

C. 

An MCS provider shall not consider a subscriber delinquent for failure to pay a charge for unsolicited service during the period the amount or charge is contested.

D. 

In light of the provisions contained in this section, an MCS provider shall make available an escrow account for subscribers with billing disputes and shall place all contested amounts in said escrow account.

E. 

In those instances where a subscriber has notified an MCS provider of a particular billing dispute, the subscriber may deposit or request that MCS provider deposit or place the full amount contested into the escrow account set forth in the preceding subsection until the matter is either administratively, or judicially, resolved. In cases of multiple billing disputes, then the subscriber must deposit the full amount of each contested charge into an MCS provider escrow account, or request that the MCS provider do so.

F. 

Where, prior to disconnection, a subscriber deposits the full amount of the contested charge into an MCS provider escrow account, the MCS provider may not then disconnect the subscriber during the pendency of the billing dispute. Moreover, after the subscriber deposits the full amount of the contested charge into the escrow account, the subscriber shall not be liable for any further administrative fees and/or late charges that could be connected with the particular contested charge in question until the matter is resolved, and then only if the matter is resolved in favor of the MCS provider.

G. 

Where the subscriber preserves his or her right to continued service by placing the full amount of the contested charge in an escrow account, the subscriber may thereafter subscribe to additional multichannel services, such as premium or pay-per-view events, so long as the subscriber adheres to any, and all MCS provider-imposed rules, so long as such rules are applicable to subscribers in general.

H. 

Upon final resolution of the billing dispute, the money in the escrow account, together with interest, if applicable, shall promptly be distributed to the individual parties in the amount noted by any settlement agreement, or administrative or judicial order or finding.

I. 

These above-described provisions shall be in addition and supplemental to any provisions contained in the MCS provider's complaint/inquiry resolution policy.