N.Y. Comp. Codes R. & Regs. tit. 16 § 890.66

Current through Register Vol. 46, No. 36, September 4, 2024

Section 890.66 - Discontinuance of service for nonpayment

(a) A cable television subscriber shall not be considered delinquent in payment until at least 45 days have elapsed from the mailing of the bill to the subscriber or from the due date, if coupons are used, and payment has not been received by the cable television company.

(b) No cable television company shall physically or electronically discontinue service for nonpayment of bills rendered for service until:

(1) the subscriber is delinquent in payment for cable television service; and

(2) at least five days have elapsed after a separate written notice of impending discontinuance has been served personally upon a subscriber; or

(3) at least eight days have elapsed after mailing to the subscriber a separate written notice of impending discontinuance (for which postage has been paid by the cable television company), addressed to such person at the premises where the subscriber requests billing; or

(4) at least five days have elapsed after a subscriber has either signed for or refused a certified letter (for which postage has been paid by the cable television company), containing a separate written notice of impending discontinuance addressed to such person at the premises where the subscriber requests billing.

(c) Notice of service discontinuance shall clearly state the amount in arrears, the total amount required to be paid to avoid discontinuance of service, reconnection charges, if applicable, and the manner and date by which, and the place where, such payment must be made.

(d) No cable television company shall disconnect service for nonpayment on a Sunday, public holiday or a day when the local office of the company is not open for business without providing an opportunity for the subscriber to pay the amount in arrears on such date.

(e) When a cable television company representative is at a subscriber's residence or place of business to disconnect service and the subscriber, at that time, pays the amount in arrears in lieu of disconnection, the company may add a reasonable collection charge to the subscriber's bill provided all other applicable provisions of this section have been followed.

(f) Receipt of a subsequently dishonored negotiable instrument in response to a notice of discontinuance shall not constitute payment, and no cable television company shall be required to provide additional notice prior to discontinuance.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 890.66