§ 111.47  RIGHTS OF INDIVIDUALS.
   (A)   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, disability, national origin, age, gender or sexual preference. The grantee shall comply at all times with all other applicable laws, relating to nondiscrimination.
   (B)   The grantee shall adhere to the applicable equal employment opportunity requirements of applicable laws, as now written or as amended from time to time.
   (C)   Neither the grantee, nor any person, agency or entity shall, without the subscriber’s consent, tap or arrange for the tapping, of any cable, line, signal input device, or subscriber outlet or receiver for any purpose except routine maintenance of the system, detection of unauthorized service, polling with audience participating, or audience viewing surveys to support advertising research regarding viewers where individual viewing behavior cannot be identified.
   (D)   In the conduct of providing its services or in pursuit of any collateral commercial enterprise resulting therefrom, the grantee shall take reasonable steps to prevent the invasion of a subscriber’s or general citizen’s right of privacy or other personal lights through the use of the system as the rights are delineated or defined by applicable laws, the grantee shall not, without lawful court order or other applicable valid legal authority, utilize the system’s interactive two-way equipment or capability for unauthorized personal surveillance of any subscriber or general citizen.
   (E)   No cable line, wire, amplifier, converter or other piece of equipment owned by the grantee shall be installed by grantee in the subscriber’s premises, other than in appropriate easements, without first securing any required consent. If a subscriber requests service, permission to install upon the subscriber’s property shall be presumed. Where a property owner or his or her predecessor was granted an easement including a public utility easement or a servitude to by its terms contemplates a use as the grantee’s intended use, the grantee shall not be required to secure the written permission of the owner for the installation of cable television equipment.
   (F)   To the extent required by applicable laws, 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 a subscriber. The request for permission must be contained in a separate document with a prominent statement that the subscriber is authorizing the permission in full knowledge of its provisions. The written permission must be for a limited period of time not to exceed one year with renewal at the option of the subscriber. No penalty may be invoked for a subscriber’s failure to provide or renew the authorization. The authorization is revocable at any time by the subscriber without penalty of any kind. The permission must required for each type or classification of Class IV cable communications activity planned.
      (1)   No information or data obtained by monitoring transmission of a signal from a subscriber terminal, including, but not limited to, the lists of the names and addresses of the subscriber’s or lists that identify the viewing habits of subscribers may be sold or otherwise made available to any person other than to the grantee and its employees for internal business use, or to the subscriber who is the subject of that information, unless the grantee has received specific written authorization from the subscriber to make the date available.
      (2)   Written permission from the subscriber must not be required for the systems conducting system wide or individually addressed electronic sweeps for the purpose of verifying system integrity or monitoring for the purpose of billing. Confidentiality of this information is subject to division (F)(1) above.
      (3)   For purposes of this section, a CLASS IV CABLE COMMUNICATIONS CHANNEL means a signaling path provided by a system to transmit signals of any type from a subscriber terminal to another point in the system.
(Ord. 78, passed 10-13-1997)