(A) The franchisee shall strictly observe the privacy and property rights of subscribers. The subscriber’s rights of privacy shall be protected, at all times, by the franchisee.
(B) Individual subscriber preferences, viewing habits, beliefs, philosophy, creeds, religions or political beliefs shall not be revealed to any person, firm, agency, governmental unit, Police Department or investigating agency unless upon the authority of a court of law or upon prior voluntary valid written authorization of the subscriber, which shall not in any event be required as a condition of receiving service.
(1) Without the authorization described herein, neither the franchisee nor any other person shall, in any manner, activate, utilize or otherwise operate any channel from a subscriber’s location.
(2) Every subscriber shall have the absolute right to deactivate the return path from the subscriber’s receiver at the franchisee’s sole cost.
(3) The franchisee shall not tabulate any test results, nor permit the use of its cable communications 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.
(4) Violation of any provision of this section of this subchapter shall be considered a material breach of this subchapter and any agreement or ordinance awarding a franchise in accordance herewith and shall subject the franchisee to all penalties and remedies prescribed in this subchapter as well as all other legal or equitable remedies available to the city.
(5) 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 of this subchapter.
(6) A subscriber may, at any time, revoke any authorization previously made, by delivering to the franchisee in writing a substantial indication of his intent to so revoke. Any such revocation shall be effective on receipt by the franchisee.
(Ord. 4, series 1979, passed 9-17-1979) Penalty, see § 115.99