(a)   A franchisee shall at all times protect the privacy of all subscribers pursuant to the provisions of § 631 of the Cable Act, 47 U.S.C. § 551.  A franchisee shall not condition subscriber service on the subscriber’s grant of permission to disclose information which, pursuant to federal or state law, cannot be disclosed without the subscriber’s explicit consent.  No penalties or extra charges may be invoked by the franchisee for a subscriber’s failure to grant consent.
   (b)   Neither a franchisee nor its agents or employees shall, without prior and specific written authorization of the subscriber involved, sell, or otherwise make available for commercial purposes the names, addresses or telephone numbers of any subscribers, or any information which identifies the individual viewing habits of any subscriber or subscribers.
   (c)   If there is only one franchisee in the city, that franchisee shall provide to the city the results of any survey of system subscribers commissioned or performed by the franchisee that concerns subscribers’ satisfaction with the franchisee’s service and performance.  If there is more than one franchisee in the city, all franchisees shall jointly commission at least one subscriber survey per year and provide to the city the results of the survey. The franchisees shall share the cost of such survey on a pro-rata basis.  The results of such surveys may be provided in an aggregate form that does not reveal the identity or viewing habits of any individual subscriber.
   (d)   If the city wishes to send a survey or cable-related information to cable subscribers in the city, the city may require a franchisee to distribute such a survey or information to its subscribers at the city’s expense.
(Ord. 97-2, passed 1-9-1997)