§ 138-35. Nonprohibitive access policy.*

A. 

Except for normal sales and sales retention efforts, no MCS provider shall engage in any activity or practice which is designed to prohibit or inhibit, or has the effect of inhibiting or prohibiting, a subscriber from:

(1) 

Switching from one MCS provider to another MCS provider; or

(2) 

Disconnecting from one MCS provider in order to connect and receive multichannel service from another MCS provider; or

(3) 

Simultaneously receiving multichannel service from more than one MCS provider.

B. 

No MCS provider shall engage in any activity or practice which has the effect of acting as a penalty or disincentive for a subscriber:

(1) 

Switching from one MCS provider to another MCS provider; or

(2) 

Disconnecting from one MCS provider in order to connect and receive multichannel service from another MCS provider; or

(3) 

Simultaneously receiving multichannel service from more than one MCS provider.

C. 

With respect to Subsection B of this section, the following practices are prohibited, unless the MCS provider can justify the need, cost and/or rationale to the Town to the Town's satisfaction:

(1) 

Consistent with the Cable Act and any PSC rules, disconnection and/or downgrade charges that are in excess of the actual, verifiable costs incurred by the affected MCS provider in connection with the disconnection and/or downgrade;

(2) 

The imposition of a disconnection and/or downgrade charge or premium that is unrelated to the actual, verifiable costs incurred by the affected MCS provider in connection with the disconnection and/or downgrade;

(3) 

The imposition on the subscriber by the affected MCS provider of a discriminatory or punitive return charge for the return of equipment beyond the actual replacement cost to that MCS provider; or

(4) 

The requirement that a subscriber enter into a service contract which imposes penalties or cost-prohibitive charges, if the contract is canceled in order to receive service from another MCS provider.