(A) (1) No signals of a Class IV cable communications channel may be transmitted from a subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the subscriber. The request for the permission shall be contained in a separate document with a prominent statement that the subscriber is granting permission with full knowledge of the document's provisions. The written permission shall be for a limited period of time not to exceed one year, which period may be renewed at the option of the subscriber. No penalty shall be invoked for a subscriber's failure to provide or renew the authorization. The authorization shall be revocable at any time by the subscriber without penalty of any kind whatsoever. The permission shall be required for each type of classification of class IV cable communications activity planned for the purpose.
(2) No information or data obtained by monitoring transmission of a signal from a subscriber terminal including, without limitation, lists of the names and addresses of the subscribers or any lists that identify the viewing habits of subscribers shall be sold or otherwise made available to any party other than to the city and its employees for internal business use or to the subscriber who is the subject of that information unless the city has received specific written authorization from the subscriber to make the data available.
(3) Written permission from the subscriber shall not be required in the event the city conducts a systemwide or individually addressed electronic sweeps for the purpose of verifying system integrity or monitoring for the purpose of billing.
(B) (1) All complaints by subscribers or other citizens regarding the quality of service, equipment malfunction, billing disputes and other matters relative to the system shall be investigated by the city within 24 hours. Each complaint shall be referred to the Franchise Administrator who shall mediate the complaint and issue a determination or appropriate recommendation to the city and the complainant.
(2) The complainant may appeal the Franchise Administrator's decision to the City Council for final and binding resolution.
(C) (1) The city shall provide, at least, a toll-free or collect telephone number for the reception of subscriber complaints and shall maintain a repair service capable of responding to subscriber complaints or requests for service within 24 hours after receipt of the complaint or request.
(2) Whenever it is necessary to shut off or interrupt services for the purpose of making repairs, adjustments or installations, the city shall do so during a period of minimum use by subscribers. Unless the interruption is unforeseen, the city shall give reasonable notice thereof to the subscribers affected.
(3) Costs incurred in making repairs, adjustments and installations shall be borne by the city unless provided for elsewhere in this franchise.
(Ord. 172, passed 4-30-90)