Cable TV Regulation - Inside Wiring Rules Building by Building Disposition
College notifies current cable TV operator in writing that service will be terminated in 90 days. Cable TV operator will then have 30 days to notify the college in writing of its election for all the “home run wiring” inside the MDU building: (a) to remove the wiring and restore the property within 30 days of the end of the 90-day notice period or within 30 days of actual service termination, whichever occurs first; (b) to abandon and not disable the wiring at the end of the 90-day notice period; or (c) to sell the wiring to the college. If the incumbent provider elects to remove its wiring and restore the building the earlier of (a) within 30 days of the end of the 90-day notice period or (b) within 30 days of actual service termination.
If the cable TV operator provider elects to sell the home run wiring under paragraph (a)(1) of this section, the cable TV operator and the college (or alternative provider) shall have 30 days from the date of election to negotiate a price. If the parties are unable to agree on a price within that 30-day time period, the cable TV operator must elect: to abandon without disabling the wiring; to remove the wiring and restore the property; or to submit the price determination to binding arbitration by an independent expert. If the cable TV operator chooses to abandon or remove its wiring, it must notify the college at the time of this election if and when it intends to terminate service before the end of the 90 day notice period. If the cable TV operator elects at this point to remove its wiring and restore the property, it must do so the earlier of (a) within 30 days of the end of the 90-day notice period or (b) within 30 days of actual service termination.
Binding arbitration procedures: parties have seven days to agree on independent expert or to each designate an independent expert who together will pick a third expert within an additional seven days; the expert(s) must assess a reasonable price for the home run wiring by the close of the 90 day period; any refusal by college or alternative provider to submit to binding arbitration will release the incumbent operator from having to comply with rules
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