(1) As used in this section, "valid authorization" shall mean an authorization valid under federal or state law.
(2) The licensee shall strictly observe and protect the rights of privacy and property rights of subscribers and users at all times. Individual subscriber preferences of any kind, viewing habits, political, social or economic philosophies, beliefs, creeds, religions or names, addresses or telephone numbers shall not be revealed to any person, governmental unit, police department or investigating agency unless upon the authority of a court of law or upon prior voluntary valid authorization of the subscriber, which shall not in any event be required as a condition of receiving service.
(3) The licensee may release the number of its subscribers but only as a total number and as a percentage of the potential subscribers throughout the city. When indicating the number of subscribers viewing a particular channel at a particular time, the licensee shall indicate only the total number of subscribers viewing during the relevant time and the percentage of all subscribers which they represent, but never the identity of a particular subscriber.
(4) The licensee may maintain such information as is necessary to bill subscribers for the purchase of any system service.
(5) Neither the licensee nor any other person shall initiate in any form the discovery of any information on or about a subscriber's premises without prior valid authorization from the subscriber potentially affected.
(6) A subscriber may at any time revoke any authorization previously made, by delivering to the licensee in writing by mail or otherwise, his/her decision to so revoke. Any such revocation shall be effective upon receipt by the licensee.
(7) No monitoring of any subscriber terminal shall take place without specific prior valid authorization by the user of the terminal in question; however, the licensee may conduct systemwide or individually addressed "sweeps" for the purpose of verifying system integrity. In no event shall aural or visual monitoring of any kind take place without a clear indication to the subscriber that such monitoring is taking place. The licensee shall not initiate a subscriber response mechanism without the city manager's making a finding that the system can operate effectively and yet give absolute protection against any invasion of privacy.
(8) The licensee shall not tabulate any test results, nor permit the use of the system for such tabulation, which would reveal the commercial product preferences or opinions of subscribers, members of their families or their invitees, licensees or employees without prior valid authorization of the subscriber.
(9) Each compilation, publication, tabulation or other dissemination of each piece of information made or permitted to be made in violation of this section shall be considered a separate violation.
(Ord. No. 8937, § 2, 9-2-97)