(A) When not otherwise prescribed herein, all matters herein required to be filed with the city shall be filed with the City Manager.
(B) The grantee shall not engage in the sale or servicing of television or radio sets or parts and accessories, except such obsolete or used sets or parts and accessories as may have been used or purchased for use by it. Further, the grantee shall not require or attempt to direct its subscribers to deal with any particular person, form or corporation in regard to sale or servicing of television or radio sets or parts and accessories. This provision shall not apply to converters, decoders, home interactive terminals, and other such devices as may be used in furnishing any programming or service by the grantee’s system.
(C) The grantee shall not deny service or access, or otherwise discriminate against its subscribers, users, or employees on the basis of race, color, religion, national origin, or sex. The grantee shall strictly adhere to the equal employment opportunity requirements of the FCC, as expressed in 47 CFR 76.13(a)(8) and 76.311.
(D) Neither the grantee nor the city shall tap and/or monitor or arrange for the tapping and/or monitoring or permit, either expressly or impliedly, any other person to tap and/or monitor any cable, line, signal input device, or subscriber outlet or receiver for any purpose whatsoever, without the express permission of the subscriber. Notwithstanding the proceeding sentences, the grantee shall be entitled to conduct system-wide or individually addressed “sweeps” for the purpose of verifying system integrity, controlling return-path transmissions, or billing for pay services.
(E) The grantee shall not, without the specific authorization of the subscriber(s) involved, sell, or otherwise make available to any person or group of persons lists of the names and addresses of its subscribers, or any list which identifies the viewing construction, marketing, and maintenance of the grantee’s facilities and services hereunder and the concomitant billing of subscribers for such services, or as the same may be necessary to give leased access channel users sufficient and pertinent information to make full use of such leased access channel.
(F) The grantee shall exercise no control over program content on any of the access channels.
(G) Liability for obscenity, defamation, or invasion of privacy on any access channels shall rest with the person or group of persons utilizing such access channels.
(H) Nothing in this chapter shall be construed to prevent any party hereto from pursuing its full legal rights and enforcing compliance with the terms of this chapter or of any franchise granted under the authority of this chapter.
(I) The grantee shall not be relieved of its obligation to comply with the provisions of this chapter by reason of any failure of the city to enforce prompt compliance, nor shall any inaction by the city be deemed to waive or void any provision of this chapter.
(J) During the term of a franchise granted under the authority of this chapter, the grantee shall comply with all present and future applicable laws, rules, and regulations, and any amendments thereto, promulgated by any federal, state, or local authority of competent jurisdiction, including but not limited to the laws, rules, and regulations of the FCC and the city.
(K) Should the State of Ohio, the FCC, or any other agency of competent jurisdiction require the grantee to perform or cease to perform any act, compliance with which requirement would be inconsistent with any provision of this chapter, the grantee shall comply with such requirement and shall notify the city. Any mandatory modification of FCC franchise standards resulting from amendments by the Commission shall be incorporated into this chapter within one year of adoption of the modification, or at the time of franchise renewal, whichever occurs first.
(L) If any section, subsection, sentence, clause or phrase of this chapter is for any reason held illegal, invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. Council hereby declares that it would have passed this chapter and each section, subsection, sentence, clause and phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared illegal, invalid or unconstitutional. The invalidity of any portion of this chapter shall not abate, reduce or otherwise affect any consideration or other obligation required of the grantee of any franchise granted hereunder.
(M) The grantee and city shall comply with all rules and regulations of the Federal Communications Commission whether specifically mentioned in this chapter or not. The grantee and city shall comply with any and all modifications of the rules and regulations of the Federal Communications Commission resulting from amendment by the Federal Communications Commission within one year of the date of adoption of the modification, or the time of franchise renewal, whichever occurs first.
(N) In the event that any of the specific construction standards, codes, or other citations, which are referenced in this chapter, are changed or revised during the term of the franchise, the grantee and the City Manager shall establish a mutually agreeable alternate reference or standard.
(Ord. 5258, passed 10-28-80; Am. Ord. 5259, passed 11-11-80) Penalty, see § 725.99