§ 115.05 RIGHTS OF SUBSCRIBERS.
   (A)   Discriminatory practices prohibited. The grantee shall not deny cable television service or otherwise discriminate against subscribers, or others on the basis of race, color, religion, national origin, sex, age or sexual preference. The grantee shall strictly adhere to the equal employment opportunity requirements of federal, state or local governments and shall comply with all applicable laws and executive and administrative orders relating to nondiscrimination.
   (B)   Tapping and monitoring. The grantee shall not tap or monitor or permit any other person controlled by the grantee to tap or monitor any cable, line, signal input device or subscriber outlet or receiver for any purpose whatsoever without the express written consent of the subscriber or a court order therefor; provided, however, that the grantee shall be entitled to monitor customer service calls for quality control purposes and to conduct system-wide or individually addressed “sweeps” for the purpose of verifying system integrity, controlling return path transmission or checking for unauthorized connections to the cable television system or service levels or billing for pay services.
   (C)   Data collection. Except for its own internal use, or in connection with the provision of cable services, the grantee shall not permit its system to be used for data collection purposes, nor shall it otherwise collect data which would reveal the commercial product or other preferences or opinions of individual subscribers, members of their families or their guests, licensees or employees, except for the grantee’s own internal uses, unless the grantee shall have received the prior consent of such subscriber.
   (D)   Revealing subscriber preferences.
      (1)   The grantee shall not reveal individual subscriber preferences, viewing habits, beliefs, philosophy, creeds or religious beliefs to any third person, firm, agency, governmental unit or investigating agency without court authority or prior written consent of the subscriber.
      (2)   Such written consent, if given, shall be limited to a period of time not to exceed one year or a term agreed upon by the grantee and subscriber.
      (3)   The grantee shall not condition the delivery or receipt of cable services to any subscriber on any such consent.
      (4)   Such a subscriber may revoke without penalty or cost any consent previously made by delivering to the grantee in writing a substantial indication of his or her intent to so revoke.
   (E)   Other persons affected. The prohibitions contained in this division (E)(1) through (E)(4) below shall extend and apply to all of the foregoing, as well as to the grantee:
      (1)   Officers, directors, employees and agents of the grantee;
      (2)   General and limited partners of the grantee;
      (3)   Any person or combination of persons owning, holding or controlling 5% or more of any corporate stock or other ownership interest of the grantee;
      (4)   Any affiliated or subsidiary entity owned or controlled by the grantee, or in which any officer, director, stockholder, general or limited partner or person or group of persons owning, holding or controlling any ownership interest in the grantee, shall own, hold or control 5% or more of any corporate stock or other ownership interest; and
      (5)   Any person, firm or corporation acting or serving in the capacity of holding or controlling company of the grantee.
(2009 Code, § 8-1-5) (Ord. 93-5, passed 4-11-1993)