§§ 15-27 – 15-32 RESERVED.

§ 15-33 ELECTRONIC SURVEILLANCE.

   (a)   The franchisee shall not permit any of its systems to be used by any person or governmental agency for an electronic eavesdropping or surveillance or for any monitory purpose which constitutes an invasion of the right to privacy of any subscriber or user of the system, unless such eavesdropping, surveillance or monitoring is performed pursuant to existing State or Federal laws by a governmental law enforcement agency.

   (b)   Franchisee shall not permit the transmission for any signal, oral, visual or digital, including “polling” the channel selection, from any subscriber’s premises without first obtaining the written permission of the subscriber. This provision is not intended to prohibit the use or transmission of signals useful only for the control or measurement of system performance or used only for billing subscribers. Franchisee shall not permit the installation of any special terminal equipment in any subscriber’s premises that will permit transmission from subscriber’s premises of two-way services utilizing oral, visual or digital signals without first obtaining the written permission of the subscriber. The franchisee, or any of its agents or employees, shall not, without the specific written authorization for the subscriber involved, sell or otherwise make available to any party any list which identifies the names, addresses, telephone numbers, identities or the viewing habits of individual subscribers, except as required for billing purposes and in accordance with applicable law.

(Ord. 2428, passed 2-18-1974; Ord. 2899, passed 3-21-1984; Ord. 3486, passed 1-28-2002)

§ 15-34 ACCESS.

   No owner of any dwelling or mobile home park or his agent may forbid or prevent any tenant or occupant of the dwelling or mobile home park from receiving cable television service from the franchisee, nor discriminate in rental charges or otherwise against any such tenant or occupant receiving cable television service from the franchisee. Such owner or his agent may require that the installation of cable television facilities conform to all reasonable conditions necessary to protect the safety, functioning, appearance and value of the premises and the convenience, safety and well-being of other tenants or occupants. A franchisee installing any such facilities for the benefit of a tenant or occupant in any dwelling or mobile home park shall agree to indemnify the owner thereof for any damage or compensate the owner thereof for any taking of the owner’s property caused by the installation, operation or removal of such facilities and for any liability which may arise out of such installation, operation or removal. The franchisee shall also indemnify the City for any damages arising from the application of this section. Any dispute hereunder shall be referred to the Telecommunications Advisory Commission.

(Ord. 2899, passed 3-21-1984; Ord. 3486, passed 1-28-2002)

§ 15-35 UNIFORMITY OF RATES AND SERVICE.

   The franchisee shall not make or grant any undue preference or advantage to any person as to rates, charges, services, services facilities, rules, regulations or in any other respect nor subject any person to prejudice or disadvantage.

(Ord. 2428, passed 2-18-1974)

ARTICLE V. TELECOMMUNICATIONS ADVISORY COMMISSION

§ 15-36 COMPOSITION; QUALIFICATIONS OF MEMBERS; TERMS OF OFFICE.

   There shall be created a Telecommunications Advisory Commission which shall consist of six representative community members and the City Clerk acting as the representative of the City Council. The City Administrator or his/her representative and the Equal Opportunity Officer or his/her representative shall serve as ex officio members of the Commission, with the right to enter into any discussion or debate at any meeting of the Commission, but shall not have the right to vote. Elected officials shall be prohibited from serving as Commission members. The members of the Commission shall have attained 18 years of age and shall be residents of the City. Members shall serve for a term of three years, except for the City Clerk who shall serve continuously. Terms of the Commission members serving at the time of adoption of Ord. 2595 shall expire on April 30, 1979, and at the expiration of the terms, two members shall be appointed for two years and three members shall be appointed for three years. The two additional members provided by this amendment shall be appointed to three-year terms expiring on April 30, 1980.

(Ord. 2428, passed 2-18-1974; Ord. 2595, passed 4-11-1977; Ord. 2954, passed 5-28-1985; Ord. 3180, passed 8-26-1991; Ord. 3486, passed 1-28-2002)

§ 15-37 MEMBERS — APPOINTED.

   Members of the Telecommunications Advisory Commission shall be appointed by the Mayor, with the concurrence of the City Council.

(Ord. 2428, passed 2-18-1974; Ord. 3180, passed 8-26-1991)