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(1) At any time, a subscriber may request that a particular service tier, service cluster, pay channel, premium channel, informational service, or the entire multi-channel service be disconnected.

(2) Where provided by an MCS provider, a subscriber may request a downgrade from a particular level of service to a less comprehensive level of service, or a less expensive level of service.

(3) From the date that such a subscriber makes such a request for either a disconnection or downgrade, then the MCS provider shall have seventy-two (72) hours or three (3) service days, 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 seventy-two (72) 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.

(4) For a service cluster, premium channel or informational service which is voluntarily disconnected, a subscriber shall pay a pro rata share of the monthly rate for such service cluster, premium channel or informational service.

(5) No separate disconnect or downgrade charge may be passed onto a subscriber if it chooses to take advantage of a lower-priced service tier/cluster or an optional service tier/cluster. However, to prevent subscriber abuse of this voluntary disconnection, or downgrade policy, a subscriber shall be charged a minimum one (1) months full rate for any one service tier/cluster which is disconnected and/or down-graded at least three (3) times within a span of one hundred eighty (180) days.

(6) 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 notify the subscriber within five (5) service 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.

(7) Any refund due a subscriber after disconnection (both for non-payment and voluntary) shall be made within sixty (60) days after such disconnection. Provided however, 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.

(8) 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.

(Enacted 1990-55)