La Mesa Municipal Code Ch. 26.05 Rights of Subscribers

The grantee shall not deny cable television service or otherwise discriminate against subscribers, or others on the basis of race, color, religion, physically handicapped, marital status, national origin, sex, or age. 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. 2621 § 1 (part); March 23, 1993)

The grantee shall not directly or indirectly do any of the following acts in the jurisdiction of grantor:

(a) Engage in the business of selling at retail, leasing, renting, repairing or servicing of television sets or radios;

(b) Solicit, refer or cause or permit the solicitation or referral of any subscriber to persons engaged in any business herein prohibited to be engaged in by grantee; provided, however, that the above provisions of this section shall not apply to modifications made to permit two-way communications.

(Ord. 2621 § 1 (part); March 23, 1993)

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 shall be entitled to 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. 2621 § 1 (part); March 23, 1993)

(a) Except for its own internal use, 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 authorized in writing by the grantor. If grantor shall in any case give such consent, it may establish reasonable conditions therefor.

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

(Ord. 2621 § 1 (part); March 23, 1993)

(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.

(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 intent to so revoke.

(Ord. 2621 § 1 (part); March 23, 1993)

The grantee shall not reveal, or sell, or permit the release or sale of its subscriber list unless authorized in writing by the grantor, and if such consent is given, grantor may place reasonable conditions thereon; 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 concomitant billing of subscribers for said services; and further, provided that consistent with applicable law; grantor may use grantee's subscribers list for the purpose of communication with subscribers in connection with matters relating to operation, management, and maintenance of the cable system.

(Ord. 2621 § 1 (part); March 23, 1993)

The prohibitions contained in Sections 26.05.010 to 26.05.070 inclusive of this chapter shall extend and apply to all of the foregoing as well as to the grantee:

(a) Officers, directors, employees and agents of the grantee;

(b) General and limited partners of the grantee;

(c) 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;

(d) 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

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

(Ord. 2621 § 1 (part); March 23, 1993)

Grantee shall provide, at the time of initial connection and annually thereafter to all subscribers a notice, in a form prior approved by grantor, which consent shall not be unreasonably withheld and if the grantor fails to deny consent within fifteen days of grantee submission, consent shall be deemed given, delineating and describing, in clear and understandable language, the consumer rights granted herein.

(Ord. 2621 § 1 (part); March 23, 1993)

Before providing cable television service to any subscriber, grantee shall provide a written notice to the subscriber substantially as follows:

"Subscriber is hereby notified that services provided make use of public rights-of-way whose continued use is not guaranteed. If use is denied for any reason, (insert name of grantee) will make every reasonable effort to continue service. But, by accepting service, subscriber agrees to make no claim or undertake any action against the Grantor, its officers, commissions, employees, or agents if service is interrupted or discontinued. In the event of unresolved disputes between subscriber and (insert name of grantee), subscriber may register a complaint with the Grantor."

(Ord. 2621 § 1 (part); March 23, 1993)

Grantor may require that grantee advise each subscriber as may be set forth in the franchise that the grantor's representative is the official to whom complaints of poor service should be made if such complaints of poor service are not resolved by grantee to the satisfaction of each subscriber.

(Ord. 2621 § 1 (part); March 23, 1993)