(A) The cable system shall be upgraded to a minimum capacity of 550 Megahertz bandwidth or 77 channels.
(B) If at any time during the franchise term the city determines that reasonable evidence exists of inadequate system performance, the city may require the franchisee to perform tests and analyses directed toward the inadequacies at the franchisee’s expense. The franchisee shall fully cooperate with the city in performing the testing, and any reports prepared by franchisee shall include at least:
(1) A description of the problem in the system performance which precipitated the special testing;
(2) The system component tested;
(3) The equipment used and procedures employed in testing;
(4) The method, if any, by which the system performance was resolved; and
(5) Any other information pertinent to the tests and analyses which may be required by the city, or determined when the test is performed.
(C) If, after receiving the franchisee’s report, the city determines that reasonable evidence still exists of inadequate system performance, the city may enlist an independent engineer to perform tests and analyses directed toward the suspected inadequacies. If independent testing establishes that the franchisee is not meeting FCC technical standards, then the franchisee shall reimburse the city for the expenses of the independent testing.
(D) 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 the subscriber. The request for this permission shall 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 shall be for a limited period of time not to exceed one year, which shall be renewed at the option of the subscriber. No penalty shall be invoked for a subscriber’s failure to provide or renew the authorization. The authorization shall be revocable at any time by the subscriber without penalty of any kind whatsoever. The permission shall be required for each type or classification of Class IV cable communications activity planned for the purposes of monitoring individual viewing patterns or practices.
(1) No information or data obtained by monitoring transmission of a signal from a subscriber terminal or any other means, including but not limited to lists of the names and addresses of the subscribers or any lists that identify the viewing habits of subscribers shall be sold or otherwise made available to any party other than to the franchisee and its employees for internal business use, or to the subscriber who is the subject of that information, unless the franchisee has received specific written authorization from the subscriber to make the data available.
(2) Written permission from the subscriber shall not be required for conducting system wide or individually addressed electronic sweeps for the purpose of verifying cable system integrity or monitoring for the purpose of billing. The information shall be kept confidential by the franchisee, consistent with division (D)(1) above.
(Ord. 186, passed 4-17-00)