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(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
(A) Compliance with laws. The franchisee agrees to comply fully with all local ordinances, state and federal laws, and with all rules issued by all regulatory agencies now or hereafter in existence.
(B) Severability. If any section, sentence, clause or phrase of the chapter is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect, the validity of the remainder of this chapter, and any portions in conflict are hereby repealed. Provided, however, that in the event that the FCC declares any section invalid, then such section or sections will be renegotiated by the town and the franchisee.
(C) Captions. The captions to sections are inserted solely for information and shall not affect the meaning or interpretation of this chapter.
(D) No recourse against the town. The franchisee shall have no recourse whatsoever against the town or its officers, boards, commissions, agents, or employees for any loss, cost, expense or damage arising out of any provision or requirement of this franchise or because of its enforcement.
(E) Non-enforcement. The franchisee shall not be relieved of its obligation to comply promptly with any of the provisions of the franchise by any failure of the town to enforce prompt compliance.
(Prior Code, § 114.18) (Ord. passed 11-12-1981)
(A) Regulation. The Board of Commissioners reserves the option to designate a regulatory commission to promote and develop access to the CATV system. Membership, term and functions of that commission shall be established by resolution when the Board of Commissioners chooses to exercise the option. In the absence of a regulatory commission, the Board of Commissioners requires the Mayor’s performance of the following functions:
(1) Advise the Board of Commissioners on application for franchises, unless the Board of Commissioners shall otherwise provide for the handling of this function;
(2) Advise the Board of Commissioners on matters which might constitute grounds for revocation of the franchise in accordance with this chapter;
(3) Resolve disagreements among the franchisees, subscribers and public and private users of the system; such decisions of the Mayor shall be appealable to the Board of Commissioners;
(4) Advise the Board of Commissioners on the regulation of rates in accordance with this chapter. The advisory function shall be in the form of a written report to the Board of Commissioners, which shall include recommendations to the Board of Commissioners and the facts upon which the recommendations are based;
(5) Coordinate the franchisee and town activities for the best use of public facilities and channels of the system;
(6) Advise the Board of Commissioners regarding general policy relating to the services provided to subscribers and the operation and use of public channels, with a view to maximizing the diversity of programs and services to subscribers. The use of public channels shall be allocated on a first come, first served basis, subject to limitations on monopolization of system time or prime time;
(7) Require an audit of all franchisee records required by this chapter and, in his or her discretion, require the preparation and filing of information additional to that required herein;
(8) Make an annual report to the Board of Commissioners, including: an account of franchise fees received and distributed, the total number of hours of utilization of public channels, and hourly subtotals for various programming categories, and a review of any plans submitted during the year by franchisee(s) for development of new services;
(9) Conduct evaluations of the system at least every five years with the franchisee, and pursuant thereto, make recommendations to the Board of Commissioners for amendments to this chapter of the franchise agreement; and
(10) The town reserves the right to amend this chapter from time to time as it shall deem to be in the public interest.
(B) Miscellaneous; Town Manager. In the event, the Town Board shall employ a Town Manager, the Town Manager shall, unless otherwise provided by Board resolution, assume and discharge the duties of the Mayor as provided in this chapter and to that end upon the employment of a Town Manager by the Board of Commissioners, the word “Mayor” herein shall be construed to mean the “Town Manager” as the chief administrative officer of the town, as defined in § 114.03(F) of this chapter.
(Prior Code, § 114.19) (Ord. passed 11-12-1981)
The Board of Commissioners may, by advertisement or any other means, solicit and call for applications for CATV system franchises, and may determine and fix any date upon or after which the same shall be received by the town, or the date before which the same must be received, or the date after which the same shall not be received, and may make any other determinations and specify any other times, terms, conditions or limitations respecting the soliciting, calling for, making and receiving of such applications.
(Prior Code, § 114.20) (Ord. passed 11-12-1981)