(A) (1) Before a franchisee unilaterally alters the service it provides to a class of subscribers, it must provide the village and each affected subscriber 30 days’ written notice, by any reasonable means at its sole discretion, explain the substance and full effect of the alteration, and provide the subscriber the right within the 30-day period following notice to opt to receive any combination of services offered by franchisee. Except as federal law otherwise provides, subscribers may not be required to pay any charge, other than the regular service fee, including an upgrade or downgrade charge, in order to receive the services selected.
(2) No charge may be made for any service or product that the subscriber has not affirmatively indicated it wishes to receive. Payment of the regular monthly bill does not in and of itself constitute such an affirmative indication.
(B) (1) If a franchisee plans to provide a premium channel without charge to subscribers who do not subscribe to a premium channel, the franchisee shall, not later than 30 days before the premium channel is provided without charge, notify all subscribers in writing by any reasonable means at its sole discretion of its plans including the time period involved, notify all subscribers they have a right to request that the premium channel be blocked, and block the premium channel upon the request of a subscriber.
(2) For the purpose of this division (B), the following definition shall apply unless the context clearly indicates or requires a different meaning.
PREMIUM CHANNEL. Any pay service offered on a per channel or per program basis which offers movies rated by the Motion Picture Association of America as X, NC-17 or R.
(`92 Code, § 8-1-87) (Ord. 96-19, passed 10-2-96)