816.35 RIGHTS OF INDIVIDUALS.
   Unless otherwise provided for in the franchise agreement:
   (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, national origin, age, disability, gender or sexual preference. The grantee shall comply at all times with all other applicable Federal, State and local laws and regulations relating to nondiscrimination.
   (b)   The grantee shall adhere to the applicable equal employment opportunity requirements of Federal, State and local regulations.
   (c)   Neither the grantee nor any other person 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 and 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, as defined in the Cable Act, or other personal rights, through the use of the system, as such rights are delineated or defmed by applicable law. The grantee shall not, without a 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)   The grantee shall not sell or otherwise make available to unaffiliated third parties (including the grantor) lists of the names and addresses of subscribers, any list which identifies, by name, subscriber viewing habits, or any personalized data pertaining to a subscriber's use of any of the franchisee's services, without the express written consent of the subscriber to which the personalized data pertains. For the purposes of this subsection, "personalized data" shall mean the name and address of an individual subscriber directly associated with data obtained on his or her use of specific services provided by or through the grantee. Nothing herein shall be construed to prevent, as a normal incident of commercial enterprise, the sale or availability of nonpersonalized or aggregated data which are not personalized data, as defmed herein.
   (f)   No cable line, wire amplifier, converter or other piece of equipment owned by the grantee shall be installed by the 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 has granted an easement, including a public utility easement or a servitude, to another, and the servitude by its terms contemplates a use such as the grantee's intended use, the grantee shall not be required to obtain the written permission of the owner for the installation of cable television equipment.
(Ord. 1999-54. Passed 9-15-99.)