(A) A franchisee must protect the privacy of all subscribers pursuant to the provisions of § 631 of the 909 Cable Act, 47 U.S.C. § 551. A franchisee must not condition cable service on the subscriber's grant of permission to disclose information which, pursuant to federal law, cannot be disclosed without the subscriber's explicit consent.
(B) Unauthorized use.
(1) (a) No person shall intercept, descramble, decode or receive or assist in intercepting, descrambling, decoding or receiving any signals or other communications from a cable system unless specifically authorized to do so by the appropriate franchisee.
(b) For the purpose of this division (B)(1)(a), the following definition shall apply unless the context clearly indicates or requires a different meaning.
ASSIST IN INTERCEPTING, DESCRAMBLING, DECODING OR RECEIVING. Includes the manufacture or distribution of equipment intended by the manufacturer or distributor (as the case may be) for unauthorized reception of signals, or other communications over a cable system.
(2) No person shall tamper with, remove or injure any cable, wires, fiber or other devices used with a system unless specifically authorized to do so by the appropriate franchisee.
(3) No person shall intentionally deprive a franchisee of a lawful charge for any cable service.
(4) No person shall resell a franchisee's cable services without the franchisee's express, written consent.
(5) A franchisee may bring an action to restrain or enjoin a violation or threatened violation of this section and for damages resulting from the violation. A franchisee shall be entitled to issuance of such an injunction upon a showing that a violation has occurred or will occur, without the need for demonstrating irreparable injury, inadequacy of legal remedies or probability of recovery. The court shall award the greater of $500 or treble damages and reasonable attorneys' fees to a franchisee if the franchisee prevails in an action hereunder.
(6) A knowing violation of this section shall be deemed a misdemeanor and shall be punishable by a fine not to exceed $500 for each day of infraction.
(7) If an unauthorized device designed to intercept, descramble or decode a cable television signal is present on the premises or property occupied and used by a person, it is presumed that the person knowingly used the device to intercept, descramble or decode cable signals. If an unauthorized cable connection is present on the premises or property occupied and used by a person, it is presumed that the person knowingly used the connection to intercept cable signals. If equipment of a franchisee which has been tampered with, changed or modified is present on the premises or property occupied by a person, it is presumed that the person knowingly used the equipment to intercept, descramble or decode cable signals.
(8) Franchisees are expressly reserved their applicable rights and remedies available in law or in equity.
(1989 Code, § 115.47) (Ord. 1988, passed 11-9-1992)