Azusa Municipal Code Art. IV Rights of Subscribers

The grantee shall not deny cable service or otherwise discriminate against subscribers or others on the basis of race, color, religion, national origin, sex, age, handicap or other protected class(es). The grantee shall strictly adhere to the equal employment opportunity requirements of federal, state or local governments and shall comply with all applicable laws and executive and administrative orders relating to nondiscrimination.

(Ord. No. 95-08, § 5.1, 4-17-95)

The grantee shall not tap or monitor or permit any other person controlled by grantee to tap or monitor any cable, line, signal input device or subscriber outlet or receiver for any purpose whatsoever without, the express written consent of the subscriber or a court order therefor; provided, however, that the grantee may monitor customer service calls for quality control purposes and may conduct system-wide or individually addressed "sweeps" for the purpose of verifying system integrity, controlling return path transmission, or checking for unauthorized connections to the cable television system or service levels or billing for pay services.

(Ord. No. 95-08, § 5.3, 4-17-95)

(a) Except for its own use or in connection with the provision of cable services or for release to the grantor, the grantee shall not permit its system to be used for data collection purposes, nor shall it otherwise collect data which would reveal the commercial product or other preferences or opinions of individual subscribers, members of their families, or their guests, licensees or employees; unless the grantee shall have received the prior affirmative written consent of such subscriber.

(b) In any event, the grantee shall not reveal or permit the release or sale of data on individual subscribers or groups thereof but may reveal or permit the release or sale of aggregate data only.

(Ord. No. 95-08, § 5.4, 4-17-95)

(a) Grantee shall not reveal individual subscriber preferences, viewing habits, beliefs, philosophy, creeds or religious beliefs to any third person, firm, agency, governmental unit or investigating agency without court authority or prior written consent of the subscriber.

(b) Such written consent, if given, shall be limited to a period of time not to exceed one year or a term agreed upon by the grantee and subscriber.

(c) The grantee shall not condition the delivery or receipt of cable services to any subscriber on any such consent.

(d) Such a subscriber may revoke without penalty or cost any consent previously made by delivering to the grantee in writing a substantial indication of his/her intent to so revoke.

(Ord. No. 95-08, § 5.5, 4-17-95)

The grantee shall not reveal, or sell, or permit the release or sale of its subscriber list without the prior affirmative written consent of each subscriber on such list, provided that grantee may use its subscriber list as necessary for the construction, marketing, and maintenance of the grantee's services and facilities authorized by a franchise, and the billing of subscribers for said cable services; and further, provided that consistent with applicable law, grantor may use grantee's subscriber list for the purpose of communication with subscribers in connection with matters relating to operation, management, and maintenance of the cable system.

(Ord. No. 95-08, § 5.6, 4-17-95)

The prohibitions contained in sections 22-71 to 22-77, inclusive, of this article shall extend and apply to grantee as well as all of the following:

(1) Officers, directors, employees and agents of general and limited partners of the grantee;

(2) General and limited partners of the grantee;

(3) Any person or combination of persons owning holding or controlling five percent or more of any corporate stock or other ownership interest of the grantee;

(4) Any affiliated or subsidiary entity owned or controlled by grantee, or in which any officer, director, stockholder, general or limited partner or person or group of persons owning, holding or controlling any ownership interest in the grantee, shall own, hold or control five percent or more of any corporate stock or other ownership interest; and

(5) Any person, firm or corporation acting or serving in the capacity of holding or controlling company of the grantee.

(Ord. No. 95-08, § 5.7, 4-17-95)

Grantee shall provide, at the time of initial connection and annually thereafter to all subscribers, a publication, in a form prior approved by grantor, delineating and describing, in clear and understandable language, the consumer rights granted herein.

(Ord. No. 95-08, § 5.8, 4-17-95)

Before providing cable television service to any subscriber, grantee shall provide a written notice to the subscriber covering substantially the following information:

Customer understands that company uses telephone and power company facilities and public rights-of-way in providing service and that this continued use cannot be guaranteed. Customer agrees not to make any claim against company or the telephone company, or power company, or counties and/or incorporated cities of the franchise area or their officers and/or employees in the event that such use is denied for any reason and company is unable, in its discretion, to provide service over alternate routes.

(Ord. No. 95-08, § 5.9, 4-17-95)

Grantor may require that grantee advise each subscriber that complaints of poor service should be made to grantor's representative if such complaints of poor service are not resolved by grantee to the satisfaction of each subscriber.

(Ord. No. 95-08, § 5.10, 4-17-95)