(A) No discrimination. A provider shall not deny service, deny access, or otherwise discriminate against any other person on the basis of race, color, religion, national origin, disability, age, gender, or sexual preference. A provider shall comply at all times with all other applicable federal, state, and local laws and regulations relating to nondiscrimination.
(B) Equal employment. A provider shall adhere to the applicable equal employment opportunity requirements of federal, state, and local laws, as now written or as amended from time to time.
(C) Privacy. A provider shall adhere to subscriber privacy laws and shall take reasonable steps to prevent the invasion of a person’s right of privacy or other personal rights through the use of the system, as such rights are delineated or defined by applicable law. A provider shall not, without lawful court order or other legal authority, utilize a system’s interactive two-way equipment or capability for unauthorized personal surveillance of any person.
(D) Easements. No fiber, or other piece of equipment owned by a provider, shall be installed by a provider on another person’s private property, other than in appropriate easements, without first securing consent. If a person requests a service, permission to install facilities necessary for providing the requested service upon such person’s private property shall be presumed. Where a property owner, or his, her, or its predecessor has granted an easement, including a public utility easement or a servitude, to another and the servitude by its terms contemplates a use such as a provider’s intended use, such provider shall not be required to obtain the written permission of the owner for the installation of the system.
(E) Publicizing work.
(1) A provider shall publicize the initial build or any substantial rebuild, upgrade, or extension of its facility that involves work in the rights-of-way in each affected neighborhood at least one week prior to commencement of that work by causing written notice of such construction work to be delivered to the city, and by notifying those persons whose property is within 300 feet of the work in at least two of the following ways: by telephone, in person, by mail, by distribution of flyers through residences, by publication in local newspapers, or in any other manner reasonably calculated to provide adequate notice.
(2) Apart from any initial build or substantial rebuild or upgrade, any underground construction will be publicized in accordance with applicable notice requirements.
(3) In other cases, before entering onto any person’s property, a provider shall contact the property owner or (in the case of residential property) the resident at least one day in advance, and describe, with reasonable specificity, the work to be performed.
(Prior Code, § 13.09.100) (Ord. 10-98, passed 5-20-1998)