(a) Nothing contained in a franchise shall be construed to exempt a grantee from any tax, levy or assessment which is now or hereafter may be authorized by law. With respect to rates and charges, the City and the grantee shall abide by applicable State and Federal law and FCC Regulations.
(b) A grantee shall not discriminate in the assessment, levy, charge, imposition or collection of rates and service charges on the basis of age, race, creed, color, religion, national origin, sex or marital status. Nothing in this chapter shall be construed to prohibit the reduction or waiving of charges in conjunction with community promotional campaigns for the purpose of attracting subscribers or users or entering into customized bulk and commercial arrangements.
(c) If a subscriber or user fails to pay a rate or service charge as properly due and owing, a grantee may discontinue service to the subscriber or user upon giving ten days written notice.
(d) If a grantee collects a deposit or advance charge on any service or equipment requested by a subscriber or user, the grantee shall provide such service or equipment within thirty days of the collection of the deposit or charge or it shall refund such deposit or charge within fifteen days. Nothing in this subsection shall be construed:
(1) To relieve a grantee of any responsibility to subscribers or users under any contractual agreements into which it enters with them;
(2) As limiting a grantee's liability for fines or penalties which may be imposed under this chapter or any franchise for a violation or breach of any of its provisions; or
(3) As limiting a grantee's liability for damages because of its failure to provide the service for which the deposit or charge was made.
(e) In the event that a subscriber terminates any cable service prior to the end of a pre-paid period, the immediately effective pro-rata portion of any pre-paid rate which represents payment for services which are no longer to be rendered shall be refunded.
(f) Any security deposit collected by a grantee shall be returned to the subscriber upon termination of service by the subscriber and return of such equipment undamaged, with allowance for reasonable wear and tear, and payment of any outstanding balance due and payable.
(Ord. 581. Passed 12-13-95.)