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(1) A subscriber shall not be considered delinquent in payment until at least forty-five (45) days after the posting of the bill to the subscriber, and payment has not been received by an MCS provider.

(2) Before disconnection of a subscriber’s multi-channel service (either physically or electronically) takes place, the following must occur:

(a) the subscriber must in fact be delinquent in payment of multi-channel service; and

(b) at least five (5) days have elapsed after an express written notice of impending disconnection has been personally served upon the subscriber; or

(c) at least eight (8) days have elapsed after mailing an express written notice of impending disconnection to the subscriber; or

(d) at least five (5) days have elapsed after the subscriber has either signed for or, refused to accept, an express written notice of impending disconnection.

(3) The written notice of disconnection must expressly and clearly state the amount that is owed by the subscriber to an MCS provider, the minimum amount required to be paid to avoid disconnection, and the date and place where such payment must be made.

(4) 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.

(5) An MCS provider who physically retrieves its equipment including converter, remote control unit, or digital audio tuner from a subscriber, must do so within both a normal service day and normal service hours of an MCS provider.

(6) Receipt of a “bad check” 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 cable service.

(7) An MCS provider may add a reasonable collection charge to the subscriber’s bill if the applicable provisions of this Chapter, and any applicable State regulations are followed.

(8) Unless authorized by the subscriber, an MCS provider shall not apply a security deposit on the rental or lease of a specific piece of equipment in order to satisfy a subscriber’s past due or delinquent account.

(9) Any refund due a subscriber after such a disconnection shall be made within sixty (60) days of the disconnection for non-payment Provided, however, that if the amount to be refunded is less than three dollars ($3.00), the refund need not be made except on request, unless required by State law. In all other cases the refund shall be made without request.

(Enacted 1990-55, Am 2002-29)