923.35 RIGHTS OF INDIVIDUALS.

   (a)   Grantee shall not deny service, deny access, or otherwise discriminate against Subscribers, Channel users, or general citizens on the basis of race, color, religion, national origin, age, disability, gender or sexual preference. Grantee shall comply at all times with all other applicable federal, State and local laws and regulations, relating to nondiscrimination.

   (b)   Grantee shall adhere to the applicable equal employment opportunity requirements of federal, State and local regulations.

   (c)   Neither Grantee, nor any Person, agency, or entity shall, without the Subscriber's consent, tap or arrange for the tapping, of any cable line, signal input device, or Subscriber outlet or receiver for any purpose except routine maintenance of the System, detection of unauthorized service, polling with audience participating, or audience viewing surveys to support advertising research regarding viewers where individual viewing behavior cannot be identified.

   (d)   In the conduct of providing its services or in pursuit of any collateral commercial enterprise resulting therefrom, Grantee shall take reasonable steps to prevent the invasion of a Subscriber's or general citizen's right of privacy as defined in the Cable Act or other personal rights through the use of the System as such rights are delineated or defined by applicable law. Grantee shall not, without lawful court order or other applicable valid legal authority, utilize the System's interactive two-way equipment or capability for unauthorized personal surveillance of any Subscriber or general citizen.

   (e)   Grantee shall not sell or otherwise make available to unaffiliated third parties (including Grantor), lists of the names and addresses of subscribers, or any list which identifies, by name, subscriber viewing habits, or personalized data pertaining to a subscriber's use of any of Franchisee's services without the express written consent of the subscriber to which the personalized data pertains. For the purposes of this subsection, "personalized data" shall mean the name and address of an individual subscriber directly associated with data obtained on his or her use of specific services provided by or through Grantee. Nothing herein shall be construed to prevent, as a normal incident of commercial enterprise, the sale of availability of "non-personalized" or "aggregated data" which is not "personalized data" as defined herein.

   (f)   No cable line, wire amplifier, converter, or other piece of equipment owned by Grantee shall be installed by Grantee in the Subscriber's premises, other than in appropriate easements, without first securing any required consent. If a Subscriber requests service, permission to install upon Subscriber's property shall be presumed. Where a property owner or his predecessor has granted an easement including a public utility easement or a servitude to another and the servitude by its terms contemplates a use such as Grantee's intended use, Grantee shall not be required to obtain the written permission of the owner for the Installation of cable television equipment.
(Ord. 2000-073. Passed 5-16-00.)