4.20.128.3.1. Each franchisee shall strictly observe and protect existing federal, state and local rights of privacy and of property of subscribers and users at all times. Information on individual subscribers, individual subscriber preference of any kind including, but not limited to, viewing habits, political, social, or economic philosophies, beliefs, creeds, religions, shopping choices, interests, opinions, energy uses, medical information, banking data or information, or names, addresses, or telephone numbers, or any other personal or private information, shall not be collected or revealed to any person, mailing service, investigating agency or department, company, other agency, or entity unless upon the authority of a court of law or upon prior written permission of the subscriber, which written permissions must be kept permanently on file by franchisee and available for review by the city upon five working days advance notice. The request for such permission must be contained in a separate document with a prominent statement that the subscriber is authorizing the permission in full knowledge of its provision. Such authorization shall not in any event be required as a condition of receiving service. However, nothing in this subsection shall prevent a franchisee from providing (i) the "names and address" only of subscribers to premium service providers for purposes of distribution of guides concerning programming offered by such providers, or (ii) the names, addresses and billing information of subscribers to billing services for purposes of preparing and mailing subscriber statements or to debt collection agencies for the purposes of debt collection.
4.20.128.3.2. Franchisee 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, franchisee 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. Franchisee shall provide such total and percentage information to city upon request. (Ord. 205 § 3, 2001)