(A) This section shall govern charges for any changes in service tiers, service cluster, menu-driven program/service, pay channel, premium channel, informational service, entire multi-channel service or equipment provided to the subscriber that are initiated at the request of a subscriber after initial service installation.
(B) The charge for customer changes in service tiers effected solely by coded entry on a computer terminal or by other similarly simple methods shall be a nominal amount, not exceeding actual costs. The actual cost charge shall be either the HSC, as defined in § 112.146, multiplied by the number of person hours need to implement the change, or the HSC multiplied by the average number of person hours involved in implementing customer changes.
(C) The charge for customer changes in service tiers or equipment that involve more than coded entry on a computer or other similarly simple method shall be based on actual cost.
(D) A cable operator may establish a higher charge for changes effected solely by coded entry on a computer terminal or by other similarly simple methods, subject to written approval by the city, for a subscriber changing service tiers more than two times in a 12 month period, except for such changes ordered in response to a change in price or channel line-up. If a cable system adopts such an increased charge, the cable system must notify all subscribers in writing that they may be subject to such a charge for changing service tiers more than the specified number of times in any 12 month period.
(E) Downgrade charges that are the same as or lower than upgrade charges are evidence of the reasonableness of such downgrade charges.
(F) For 30 days after notice of retiering or rate increases, a customer may obtain changes in service tiers at no additional charge.
(G) From the date that such a subscriber makes such a request for either a disconnect or downgrade, then the MCS provider shall have two days or 48 service hours, whichever is longer, to disconnect or downgrade the service tier, pay channel, premium channel, informational service, or entire multi-channel service. In the event that an MCS provider does not disconnect or downgrade service within 48 hours, a subscriber's obligation to pay for such service shall cease, or in the case of a downgrade, a subscriber's obligation to pay for the more comprehensive and/or higher priced service shall cease.
(H) For a service tier, service cluster, menu-driven service, premium channel or informational service which is voluntarily disconnected, a subscriber shall pay a pro rata share of the monthly rate for such service tier, service cluster, menu-driven service premium channel or informational service.
(I) Once a valid connection to a menu-driven program or a pay-per-view event occurs, then the MCS provider may collect the full advertised or quoted rate should the customer then attempt to disconnect the menu-driven program or pay-per-view.
(J) 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 with the entire cost for such damage, provided that the MCS provider notifies the subscriber within 10 days of the disconnection. A subscriber shall not be required to pay for equipment failure, if the circumstances fall within the normal wear and tear guidelines established in this chapter.
(K) Any refund due a subscriber after voluntary disconnection shall be made within 45 days after such disconnection. This division specifically includes the situation where a subscriber voluntarily disconnects service but is entitled to a refund as a result of a service outage that exceeds eight hours in duration. In such case a subscriber will also receive any refund due as a result of the service outage within 45 days after the voluntary disconnection.
(L) In no event will this section be viewed as abridging the rights and remedies afforded by the subscriber complaint/inquiry resolution process outlined in this chapter.
(Ord. 4-1994-20, passed 4-12-94) Penalty, see § 112.999