§ 138-34. Voluntary disconnections, including requests for downgrades.*

A. 

At any time, a subscriber may request that a particular service, level of service, service tier, menu-driven program or service, premium channel, informational service, or the entire multichannel service be disconnected with no penalty of any kind whatsoever.

B. 

Unless prohibited by the Cable Act or state law, including any applicable rule or regulation of the PSC, a subscriber may request a downgrade from a particular level of service to a lower or less comprehensive or expensive level of service. To the extent that a subscriber requests a downgrade from an MCS provider classified as a cable operator, then such MCS provider shall follow the rules and regulations of the PSC, so long as such are not inconsistent with applicable federal law. In the event there are no PSC rules governing such, there shall be no charge for downgrading disconnecting service, unless the Town's authority to enforce this subsection is preempted or prohibited by federal law or rule.

C. 

A subscriber's obligation to pay for any service for which he or she has requested disconnection or a downgrade shall cease within 72 hours from the date of the request.

D. 

For a service, level of service, service tier, a la carte or menu-driven service, premium channel, informational service or other communications service which is voluntarily disconnected, a subscriber shall pay only a pro rata share of the monthly rate for such service, level of service, service tier, a la carte or menu-driven service, premium channel, informational service or other communications service, for the month in which the request was made, based upon the number of days of that month prior to the request. In other words, the subscriber shall not be required to pay for, nor shall be or she be billed for service, that was delivered more than 72 hours after the date of the request.

E. 

If, however, an MCS provider's equipment is or has been damaged by a subscriber prior to such disconnection, then the MCS provider may charge the subscriber the entire actual cost of such damage, but no more than the actual replacement cost to the MCS provider, provided that the MCS provider notifies the subscriber of the damage at the time of the disconnection or downgrade. A subscriber shall not be required to pay for equipment failure if the circumstances fall within the normal wear and tear or acts of nature guidelines established in this chapter, or if the procedures in this subsection are not followed.

F. 

Once a one-time airing of a program or event starts, such as a pay-per-view event, which was affirmatively ordered by the subscriber, but only if it was affirmatively ordered, should the customer or subscriber then request a cancellation, the MCS provider may collect the full advertised or quoted rate.

G. 

Any refund due a subscriber after a voluntary disconnection and/or downgrade shall be made within 60 days after such disconnection or downgrade.

H. 

In no event will this section be viewed as abridging the rights and remedies afforded the subscriber by the complaint/inquiry resolution process outlined in this chapter.