The FCC has issued a Declaratory Ruling that will give cable operators the option to provide certain initial and recurring notices required by section 76.1602(b) of the rules in electronic form via verified e-mail to customers in lieu of paper disclosures. Customers must be given a phone number that will allow them to opt out of paperless disclosures, in which case paper notices will still be required for that customer. The Declaratory Ruling does not cover other notices, such as subscriber privacy policies, that must be provided at sign up and annually thereafter to all subscribers separate and apart from the 76.1602(b) disclosure obligations. The ruling will become effective after approval by the Office of Management and Budget, which has not yet occurred.
