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(A) Grantee shall not deny access, or otherwise discriminate against subscribers, channel users, or general citizens on the basis of race, color, religion, national origin or sex. The Grantee shall comply with all other applicable and local laws and regulations, and all executive and administrative orders relating to nondiscrimination which are hereby incorporated and made part of this chapter by reference.
(B) The Grantee shall strictly adhere to the equal employment opportunity requirements of federal, state and local regulations, as amended from time to time.
(C) No signals shall 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 permission shall be contained in a separate document with a prominent statement that the subscriber is authorizing the permission in full knowledge of its provision. The authorization shall be revocable at any time by the subscriber without penalty of any kind whatsoever. The authorization is required for each type or classification of two-way cable communications activity planned. However, the Grantee shall be entitled to conduct system-wide or individually addressed "sweeps" for the purpose of verifying system integrity, controlling return-path transmission, or billing for pay services.
(D) The Grantee shall not deny or discriminate against any group of actual or potential subscribers in the city on access to or the rates, terms and conditions of cable services because of the income level or other demographics of the local area in which the group may be located.
(E) The Grantee shall provide all subscribers with the option of obtaining a device by which the subscriber can prohibit the viewing of a particular cable service during periods selected by the subscriber.
(‘83 Code, § 123.23) (Ord. 82-036, passed 6-21-82; Am. Ord. 96-003, passed 4-1-96) Penalty, see § 121.99
(A) No franchise granted pursuant to the provisions of this chapter shall become effective unless and until this chapter has become effective and, in addition, unless and until all things required in this section are done and completed, all of the things being hereby declared to be conditions precedent to the effectiveness of any franchise granted hereunder. In the event any of those things are not done and completed in the time and manner required, the Council may declare the franchise null and void.
(B) Within 30 days after the awarding of a franchise agreement to a Grantee, or within an extended period of time as the Council in its discretion may authorize, the Grantee shall file with the City Clerk its written acceptance, in form satisfactory to the City Attorney, of the Franchise Agreement, together with the insurance policies, letter of credit and bond required by §§ 121.12, 121.13, and 121.14,respectively, and its agreement to be bound by and to comply with and to do all things required of it by the provisions of this chapter and Franchise Agreement. The acceptance and agreement shall be acknowledged by the Grantee before a notary public and shall in form and content be satisfactory to and approved by the City Attorney.
(‘83 Code, § 123.25) (Ord. 82-036, passed 6-21-82; Am. Ord. 96-003, passed 4-1-96) Penalty, see § 121.99
(A) From and after the effective date of this chapter, it shall be unlawful for any person to establish, operate, or to carry on the business of operating a cable television system unless a franchise agreement therefor has first been obtained pursuant to the provisions of this chapter, and unless the franchise agreement is in full force and effect.
(B) From and after the effective date of this chapter, it shall be unlawful for any person to construct or maintain within any public street in the city, or within any other public property of the city, or within any privately-owned area within the city which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the city, any equipment or facilities for the purpose of operating a cable television system, unless a franchise agreement authorizing the use of the street or property or area has first been obtained pursuant to the provisions of this chapter, and unless the franchise agreement is in full force and effect.
(C) It shall be unlawful for any person, firm, or corporation to make any unauthorized connection, whether physically, electrically, acoustically, inductively, or otherwise, with any part of a franchised cable television system within this city for the purpose of enabling himself or others to receive any cable service, without payment to the owner of the cable television system.
(D) It shall be unlawful for any person, without the consent of the owner, to wilfully tamper with, remove, or injure any cables, wires, or equipment used for distribution of cable services.
(‘83 Code, § 123.26) (Ord. 82-036, passed 6-21-82; Am. Ord. 96-003, passed 4-1-96) Penalty, see § 121.99
By its acceptance of a franchise agreement, a Grantee specifically grants and agrees that its application, if any, is thereby incorporated by reference and made a part of this chapter. In the event of a conflict between proposed services listed in the application and the provisions of this chapter, that provision which, in the opinion of the Council, provides the greatest benefit to the city, shall prevail. Failure to provide services as promised in the Grantee's application as incorporated herein shall be deemed a breach of this chapter to which the provisions of §§ 121.20 or 121.99 shall apply.
(‘83 Code, § 123.27) (Ord. 82-036, passed 6-21-82; Am. Ord. 96-003, passed 4-1-96) Penalty, see § 121.99
CABLE COMMUNICATIONS COMMISSION
There is created a Cable Communications Commission consisting of seven members to be appointed by the Mayor and approved by the City Council. Each member shall serve a term of three years; provided, however, that each of the members currently appointed to the Commission shall continue to serve on the Commission until the expiration of his/her current term. The Chairperson of the Commission shall be selected by the members and have the right to vote. In his absence, the Vice- Chairperson, who shall also be selected by the Commission, shall act as Chairperson. Four members of the Commission shall constitute a quorum. Members of the Commission shall serve without compensation and may be removed from office by the Mayor with the approval of the City Council. Any vacancy in office shall be filled by the Mayor with the approval of the City Council for the remainder of the term. The Commission shall prescribe its own rules and regulations for carrying out its functions and duties.
(‘83 Code, § 123.40) (Ord. 82-015, passed 5-3-82; Am. Ord. 99-004, passed 4-12-99)
The Cable Communications Commission shall be empowered as follows.
(A) To confer with and advise the Mayor and Council on all matters concerning cable communications and television systems in the city.
(B) To collect data and information concerning the operations of cable systems and to recommend to the Mayor and Council an orderly initiation and expansion of cable communications and television systems for the city.
(‘83 Code, § 123.41) (Ord. 82-015, passed 5-3-82)
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