§ 138-33. Payment delinquency; late charges; and termination of service.*

A. 

To the extent permitted by state law, including any applicable rule of the PSC, a subscriber shall not be considered delinquent in payment until at least the following have occurred:

(1) 

Thirty-five days have elapsed from the postmarked date of the bill to the subscriber;

(2) 

Service for the first thirty-day period billed for has been delivered; and

(3) 

Payment for said thirty-day period has not been received by an MCS provider.

B. 

Before disconnection of a subscriber's multichannel service takes place, either physically or electronically, the following must occur:

(1) 

The subscriber must in fact be delinquent in payment for multichannel service as defined by this chapter; and

(2) 

At least 24 hours have elapsed after a separate written notice of impending disconnection has been served upon the subscriber or deposited at his or her residence; or

(3) 

At least 72 hours have elapsed after the mailing a separate written notice of impending disconnection to the subscriber as determined by the postmark; or

(4) 

At least 24 hours have elapsed after the subscriber has either signed for or refused to accept a separate written notice of impending disconnection.

C. 

The written notice of disconnection must expressly and clearly state:

(1) 

The amount that is owed by the subscriber to an MCS provider;

(2) 

The minimum amount required to be paid to avoid disconnection; and

(3) 

The date and place where such payment must be made.

D. 

Disconnection of service must occur both on a normal service day and within normal business hours of an MCS provider, unless the subscriber is given the opportunity to pay the full amount of the past-due account in accordance with the provisions of this chapter.

E. 

An MCS provider who physically retrieves its equipment from a subscriber, including, but not limited to converters, remote control units and digital audio tuners, must do so within both a normal service day and normal service hours of an MCS provider, unless otherwise agreed to by the subscriber.

F. 

Where an MCS provider imposes an administrative fee for a payment delinquency it shall nevertheless be treated as a late charge, and may not be any more than the state or PSC allows for late charges, if the state or PSC has a provision covering the maximum permitted late charges. If the state or PSC is silent on such a late charge, then the maximum permitted late charge and/or administrative fee shall be a simple 12% of the payment delinquency.

G. 

To the extent permitted by state law, including any applicable PSC rule or regulation, a subscriber shall not be considered delinquent in such case where he or she has notified the MCS provider of a billing dispute and/or contested charge prior to disconnection, and the subscriber has allowed the full amount of the contested charge to be placed in an MCS provider's escrow account by the MCS provider, or made the appropriate deposit into the MCS provider's escrow account. Moreover, if a late charge and/or administrative charge is assessed prior to notification of the contested charge, or is in fact the contested charge, then such late charge and/or administrative fee may not be greater than the state permitted maximum, or a simple 12% if there is no state-imposed or PSC-imposed maximum.

H. 

Receipt of a bad check or other negotiable instrument from a subscriber, in response to a written notice of disconnection, does not constitute payment, and the affected MCS provider need not give the subscriber further notice prior to disconnecting multichannel service.

I. 

An MCS provider may add a reasonable collection charge to the subscriber's bill if the applicable provisions of this chapter, and any applicable PSC regulation, are followed.

J. 

Any refund due a subscriber after a disconnection pursuant to this ection shall be made within 60 days of the disconnection for nonpayment.