(A) The Council/franchising authority recognizes that the concept of menu-driven program/service selection has both positive and negative aspects. On the one hand, menu-driven program/service selection allows the greatest flexibility for a subscriber in that it permits the subscriber to essentially create a program/service package tailored to the subscriber's budget, viewing habits, and informational needs. On the other hand, menu-driven program/service selection is susceptible to unauthorized or unknowing purchases, and uninformed program choices if certain procedural and operational safeguards are not maintained.
(B) Should an MCS provider implement and/or offer menu-driven program/service selection for all,or the majority of the MCS provider's multi-channel services, then the Council/franchising authority reserves the power to adopt additional rules and regulations (subject to the conditions listed in division (C) of this section) concerning the following potential problem areas:
(1) Notification to the subscriber on a periodic (at least monthly) basis of the exact costs for each menu-driven program/service, including any installation or equipment rental charges;
(2) Notification of what constitutes, or what is required for selection or subscription to a particular program/service;
(3) Limitations or prohibitions on negative option marketing plans when done in connection with a menu-driven system unless the subscriber is initially is informed, consents (in writing), and periodically (at least semi-annually) renews the consent to be included on a list of potential subscribers; and
(4) Restricting access to menu-driven program/service selection by subscribers through the use of individual, non-duplicative access codes or some other means, in order to limit unauthorized purchases, or purchases above a certain pre-set amount (without additional written approval).
(C) If, at the time an MCS provider implements and/or offer menu-driven program/service selection, such MCS provider also adopts an operational policy which protects subscribers from those potential problem areas listed in division (B) of this section, then the Council/franchising authority shall not exercise its additional regulatory authority on this subject, unless there is documentation that the adopted policy of the MCS is not being enforced, or is ineffective in safeguarding subscribers from the potential abuses listed above.
(D) As for service clusters, and the packaging of service tiers, and to provide both a disincentive for bait and switch tactics, and to promote cluster and tier stability, an MCS provider may not switch any particular multi-channel service from one tier or cluster to another without 60 days notice; provided, however, that upon 60 days prior notice, an MCS provider may rearrange, retier, recluster, or otherwise offer its multi-channel service in a manner consistent with FCC regulations.
(E) Nothing contained in this section shall be construed as mandating any particular programming choice being provided to a subscriber. Nor should this section be construed as requiring any particular program, service, cluster or tier. Rather, this section is designed to promote cluster and tier stability so that a subscriber may choose a program, service, cluster, or tier that best suits the subscriber's individual programming and informational needs.
(Ord. 4-1994-20, passed 4-12-94)