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The grantee shall comply with all present and future FCC rules and regulations, as applicable, regarding subscriber privacy, and in the absence of such the grantee shall comply with the following;
(A) At the time of entering into an agreement to provide any cable service or other service to a subscriber, and at least once a year thereafter, the grantee shall provide notice, in the form of a separate written statement to each subscriber, which clearly and conspicuously informs the subscriber of:
(1) The nature of personally identifiable information collected or to be collected with respect to the subscriber and the nature of the use of such information;
(2) The nature, frequency and purpose of any disclosure which may be made of such information, including an identification of the types of persons to whom the disclosure may be made;
(3) The period during which such information might be maintained by the cable operator.
(4) The times and places at which the subscriber may have access to such information in accordance with this chapter and other applicable federal, state and local law.
(B) The grantee shall not use the cable system to collect personally identifiable information concerning any subscriber, except as necessary to render a cable service or other service provided by the cable operator to the subscriber, or to detect unauthorized reception of cable communications, without the prior written or electronic consent of the subscriber concerned.
(C) The grantee shall not, without the specific written or electronic consent of the subscribers concerned, sell, disclose or otherwise make available to any party any list of the names and addresses of individual subscribers, any list which identifies the viewing habits of individual subscribers, or any personal data, social security number, income and other data the grantee may have on file about individual subscribers, except as necessary to render or conduct a legitimate business activity related to a cable service or other service provided by the cable operator to the subscriber, or pursuant to a court order, or if the grantee has provided the subscriber the opportunity to prohibit or limit such disclosure and the disclosure does not reveal directly or indirectly the extent of viewing or other use by the subscriber of a cable service or other service provided by the cable operator, or the nature of any transaction made by the subscriber over the cable system.
(D) The grantee shall not predicate regular subscriber service on the subscriber’s grant or denial of permission to collect, maintain or disclose personally identifiable information. A subscriber may at any time revoke any permission previously given by delivering to the grantee a written statement of that intent.
(E) Each subscriber shall be provided access to all personally identifiable information regarding such subscriber that the grantee collects or maintains. Such information shall be made available to the subscriber at reasonable times and at a convenient place designated by the grantee. The subscriber shall be provided the reasonable opportunity to correct any error in such information.
(F) The grantee shall destroy personally identifiable information, if the information is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to such information under division (B) pursuant to a court order.
(G) This section is not intended to prohibit the use or transmission of signals useful only for the control or measurement of system performance.
(Ord. passed 2-16-93)
(A) Nondiscrimination required. The 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, sex, or physical or mental handicaps, provided the subscriber shall pay all applicable fees for the service desired. The grantee shall comply at all times with all other applicable federal, state and local laws and regulations relating to nondiscrimination which may hereafter be incorporated and made part of this chapter by reference.
(B) Fairness of accessibility. The entire system of the grantee shall be operated in a manner consistent with the principles of fairness and equal accessibility of its facilities, equipment, channels, studios and other services to all citizens, businesses, public agencies and other entities having a legitimate use for the network; and no one shall be arbitrarily excluded from its use; provided, however, that allocation of use of said facilities shall be made according to the rules or decisions of the grantee and any regulatory agencies affecting the same.
(C) Information accessibility.
(1) Each individual shall have the right to information concerning the provisions of this chapter and the rules and regulations formulated pursuant to it by the Council, agent or entity created hereunder or pursuant to this chapter. The location and hours of operation for the delivery of such information shall be published in the newspaper of the greatest circulation within the city and in such other media as the Council may determine.
(2) Each individual subscribing to the services of the cable communications system or leasing channels thereof or using the access channels shall be provided with a memorandum setting forth all rules and regulations specifically outlining such individual rights, duties and obligations pertinent to such use.
(3) Such information as may herein be prescribed will be made available to the public and individual subscribers in such form required for understanding; including the deaf and blind, and in such languages as may be specified by the Council.
(4) Each document required to be maintained, prepared, filed or submitted under the provisions of this chapter or pursuant to it, except those required and designated confidential by the grantee or the Federal Communications Commission, shall be a public document, available for public inspection and copying at the requestor’s expense, at the office of the grantee or the city during normal business hours.
(5) The charge for such copying shall approximate the cost of mechanical reproduction and shall not include a charge for labor.
(5) Each individual shall have the right to representation on such boards, commissions, agencies or other entities created hereunder or hereafter by the Council pursuant to the provisions of this chapter. Such representation by citizens of the city shall be in the manner and form as the Council may determine, ensuring equal participation of all protected groups.
(Ord. passed 2-16-93)
DIVISION 7: BOOKS, RECORDS, REPORTS, MISCELLANEOUS PROVISIONS
The grantee shall manage all of its operations in accordance with a policy of open books and records as such may pertain to the operation of the system in the city. The city shall have the right to inspect upon 24 hours’ written notice, at any time during normal business hours, books, records, maps, plans, service complaint logs, performance test results and other like materials of the grantee which relate to the operation of the system.
(Ord. passed 2-16-93)
The grantee shall file with the city:
(A) Regulatory communications. All reports required by the Federal Communications Commission (FCC) including, but not limited to, annual proof of performance tests and results and Equal Employment Opportunity (EEO) reports.
(B) Facilities report. An annual report setting forth the physical miles of plant construction and plant in operation during the fiscal year.
(C) Grantee rules. The grantee’s schedule of charges, contract or application forms of regular subscriber policy regarding the processing of subscriber complaints, delinquent subscriber disconnect and reconnect procedures and any other terms and conditions adopted as the grantee’s policy in connection with its system subscribers, shall be filed with the city.
(D) Proof of bonds and insurance. The grantee shall submit to the city the required performance bond, or a certified copy thereof, and written evidence of payment of required premium, and certificates of policies of insurance required by this chapter, and written notice of payment of required premium.
(E) Financial reports. The financial reports for the grantee shall be submitted annually to the city.
(F) Operational reports. The following system and operational reports shall be submitted annually to the city:
(1) A report on the system’s technical tests and measurements as set forth herein and in the franchise agreement;
(2) A summary of the previous year’s activities including, but not limited to, new services offered;
(3) A summary of complaints received and handled;
(4) A summary of the number of outages (five or more service calls in one area).
(G) Additional reports. The grantee shall prepare and furnish to the city, at the times and in the form prescribed, such additional reports with respects to its operation, affairs, transactions or property as may be reasonably necessary and appropriate to the performance of any of the functions or duties of the city in connection with the system.
(Ord. passed 2-16-93)
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