§ 114.17  RIGHTS RESERVED TO THE FRANCHISEE.
   (A)   Sale of subscriber lists prohibited. The franchisee shall be prohibited from using or allowing the use of subscriber lists for any purpose unconnected with the provision of service over the system.
   (B)   Monitoring. No monitoring of any terminal connected to the system shall take place without specific written authorization by the user of the terminal in question on each occasion. Provided, however, the franchisee may provide for system-wide, non-individually addressed “sweeps”, or the franchisee’s acquisition of information for purposes of verifying system integrity, controlling return path transmissions, billing for pay services.
   (C)   Cable tapping. It shall be unlawful to tape or monitor a system line without authorization from the parties whose communication might be overheard. Provided, however, the franchisee may provide for system-wide, non-individually addressed “sweeps”, or the franchisee’s acquisition of information for purposes of verifying system integrity, controlling return path transmissions, or billing for pay services.
   (D)   Discriminatory or preferential practices prohibited. The franchisee shall not, in its rates or charges, or in making available the services or facilities of its system, or in its rules or regulations, or in any other respect, make or grant preferences or advantages to any subscriber or potential subscriber to the system, or to any user or potential user of the system, and shall not subject any such persons to any prejudice or disadvantage. This provision shall not be deemed to prohibit promotional campaigns to stimulate subscriptions to the system or other legitimate uses thereof; nor shall it be deemed to prohibit the establishment of a graduated scale of charges, and classified rate schedules to which any customer coming within such classification shall be entitled.
   (E)   Open access. The entire system of the franchisee shall be operated in a manner consistent with the principle of fairness and equal accessibility of its facilities, equipment, channels, studios, and other services to all citizens, businesses, public agencies, or other entities having a legitimate use for the system and no one shall be arbitrarily excluded from its use. Allocation of use of the facilities shall be made according to the rules or decisions of regulatory agencies affecting the same, and where such rules or decisions are not effective to resolve a dispute between conflicting users or potential users, the matter shall be submitted for resolution to the Mayor, subject to appeal to the Board of Commissioners.
   (F)   Equal opportunity employment and affirmative action.
      (1)   In the carrying out of the construction, maintenance and operation of the CATV system, the franchisee shall not discriminate against any employee or applicant for employment because of race, creed, color, marital status, age, sex, HIV-positive status or national origin.
      (2)   The franchisee shall post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.
      (3)   The franchisee shall in all solicitations or advertisements for employees placed by or on behalf of the franchisee, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, marital status, age, HIV-positive status or national origin.
   (G)   Individual right of appeal. Any affected individual, partnership or corporation shall have the right to appeal any provisions requirement or ruling of the Mayor to the Board of Commissioners.
(Prior Code, § 114.17)  (Ord. passed 11-12-1981)  Penalty, see § 10.99