§ 66-356. Service standards and requirements. - North Carolina Statutes

§ 66‑356.  Servicestandards and requirements.

(a)        DiscriminationProhibited. – A person who provides cable service over a cable system may notdeny access to the service to any group of potential residential subscriberswithin the filed service area because of the race or income of the residents. Aviolation of this subsection is an unfair or deceptive act or practice underG.S. 75‑1.1.

In determining whether a cableservice provider has violated this subsection with respect to a group ofpotential residential subscribers in a service area, the following factors mustbe considered:

(1)        The length of timesince the provider filed the notice of service for the area. If less than ayear has elapsed since the notice of service was filed, it is conclusively presumedthat a violation has not occurred.

(2)        The cost ofproviding service to the affected group due to distance from facilities,density, or other factors.

(3)        Technologicalimpediments to providing service to the affected group.

(4)        Inability to obtainaccess to property required to provide service to the affected group.

(5)        Competitive pressureto respond to service offered by another cable service provider or otherprovider of video programming.

(b)        FCC Standards. – Aperson who provides cable service over a cable system must comply with thecustomer service requirements in 47 C.F.R. Part 76 and emergency alertrequirements established by the Federal Communications Commission.

(c)        Complaints. – TheConsumer Protection Division of the Attorney General's Office is designated asthe State agency to receive and respond to customer complaints concerning cableservices. Persistent or repeated violations of the federal customer servicerequirements or the terms and conditions of the cable service provider's agreementwith customers are unfair or deceptive acts or practices under G.S. 75‑1.1.

To facilitate the resolutionof customer complaints, the cable service provider must include the followingstatement on the customer's bill: "If you have a complaint about yourcable service, you should first contact customer service at the followingtelephone number: (insert the cable service provider's customer servicetelephone number). If the cable service provider does not satisfactorilyresolve your complaint, contact the Consumer Protection Division of theAttorney General's Office of the State of North Carolina (insert information onhow to contact the Consumer Protection Division of the Attorney General'sOffice).

(d)        No Build‑Out.– No build‑out requirements apply to a person who provides cable serviceunder a State‑issued franchise.

(e)        [Report to RevenueLaws Study Committee. – ] The Consumer Protection Division of the AttorneyGeneral's Office must report to the Revenue Laws Study Committee on or beforeApril 1 of each year, beginning April 1, 2008, on the following informationconcerning cable service complaints the Division has received from cablecustomers under this section:

(1)        The number ofcustomer complaints.

(2)        The types ofcustomer complaints.

(3)        The different meansof resolving customer complaints. (2006‑151, ss. 1, 18.)