A franchisee may not substantially alter the service being provided to a subscriber (including by re- tiering, restructuring a tier, or otherwise) without the express permission of such subscriber, unless it complies with this section.
(A) Any time a franchisee intends to alter the service being provided to a subscriber (including by re- tiering, restructuring a tier, or otherwise) in such a way that the subscriber will no longer be able to obtain the same package of services in the same manner and at the same cost, the franchisee must provide the subscriber with 30 days written notice of the alteration. The notice shall explain the substance and the 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 the franchisee. A subscriber that requests to terminate a promotional offer or requests to return to the prior level of service after the promotion ends shall be able to do so without paying any additional charges or being required to obtain additional equipment at the subscriber's cost.
(B) Except as provided herein or under applicable law, no charge may be made for any service or product which the subscriber has not requested affirmatively by name, in a manner separate and apart from payment of the regular monthly bill, that the subscriber wishes to receive. A subscriber's request may be made orally or in writing, but it is the franchisee's burden to show that an affirmative request was made.
(C) Within seven days of a subscriber's request, a franchisee shall fully block or scramble any channel that is not included within the services purchased by the subscriber so as to prevent signal bleed, at no cost to the subscriber.
(D) If the franchisee does not comply with this section, the franchisee shall have 30 days to cure such violation from the day the franchisee receives notice of such violation. If the franchisee has not cured the violation within 30 days from such notice date, the city shall fine a franchisee for violation of this section $500 per day for each day that the violation continues. The fines shall begin to accrue on the first business day after the 30 day period has terminated.
(Ord. 1406, passed 5-15-02)