Santa Fe Springs Municipal Code Title XI Business Regulations

Footnotes:

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Cross reference— Business operations tax, see §§ 35.070 through 35.095

(A) Grantee shall not construct any cable system facilities until grantee has secured the necessary permits from grantor, or other cognizant public agencies.

(B) In those areas of the city where transmission lines or distribution facilities of the public utilities providing telephone and electric power service are underground, the grantee likewise shall construct, operate and maintain its transmission and distribution facilities therein underground.

(C) In those areas of the city where the grantee's cables are located on the above-ground transmission or distribution facilities of the public utility providing telephone or electric power service, and in the event that the facilities of both such public utilities subsequently are placed underground, and the utilities pay the proportionate cost of the relocation, then the grantee likewise shall reconstruct, operate and maintain its transmission and distribution facilities underground, at grantee's cost. Certain of grantee's equipment, such as pedestals, amplifiers and power supplies, which normally are placed above ground, may continue to remain in above-ground enclosures, unless otherwise provided in the franchise agreement.

(D) Any material changes in or extensions of any poles, anchors, wires, cables, conduits, vaults, laterals or other fixtures and equipment (herein referred to as "structures"), or the construction of any additional structures, in, upon, along, across, under or over the streets, alleys and public ways shall be made under the direction of grantor's City Engineer or a designee, who shall, if the proposed change, extension or construction conforms to the provisions hereof, issue written permits therefor. The height above public thoroughfares of all aerial wires shall conform to the requirements of the California regulatory body having jurisdiction thereof.

(1) All transmission and distribution structures, lines and equipment erected by the grantee shall be located so as not to interfere with the proper use of streets, alleys and other public ways and places, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places, and not to interfere with existing public utility installations.

(2) In the event that any property or improvement of the grantor in the public rights-of-way is disturbed or damaged by the grantee or any of its contractors, agents or employees in connection with undertaking any and all work pursuant to the right granted to the grantee pursuant to this chapter, the grantee shall promptly, at the grantee's sole cost and expense, restore as nearly as practicable to their former condition said property or improvement which was so disturbed or damaged, and in the event that any such property or improvement shall at any later time become uneven, unsettled or otherwise require restoration, repair or replacement because of such disturbance or damage by the grantee, then the grantee, as soon as reasonably possible, shall, promptly upon receipt of notice from the grantor and at the grantee's sole cost and expense, restore as nearly as practicable to their former condition said property or improvement which was disturbed or damaged. Any such restoration by the grantee to the former condition shall be made in accordance with such materials and specifications as may, from time to time, be then provided for by grantor ordinance.

(3) Prior to commencing any work in the public rights-of-way, the grantee shall obtain any and all permits lawfully required by such grantor codes and ordinances of general application for such work. In the event that emergency work may be required by the grantee, however, the grantee shall obtain any and all such permits within three working days after the beginning of such emergency work.

(4) There shall be no unreasonable or unnecessary obstruction of the public rights-of-way by the grantee in connection with any of the work herein provided for, and the grantee shall maintain such barriers, signs and warning signals during any such work performed on or about the public rights-of-way or adjacent thereto as may be necessary to reasonably avoid injury or damage to life and property.

(5) If at any time during the period of the franchise the grantor shall lawfully elect to alter or change the grade or location of any street, alley or other public rights-of-way, the grantee shall, upon reasonable notice by the grantor, remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at it own expense, and in each instance comply with the requirements of the grantor.

(6) The grantee shall not place poles, conduits or other fixtures above or below ground where the same will interfere with any existing gas, electric, telephone fixtures, water hydrants or other utility, and all such poles, conduits or other fixtures placed in any street shall be so placed as to comply with all ordinances of the grantor.

(7) The grantee may be required by the grantor to permit joint use of its conduit located in the streets, alleys or other public rights-of-way, by utilities or by the grantor insofar as such joint physical occupancy may be reasonably practicable and not interfere with grantee's operations, and upon payment of reasonable rental therefore; provided that in the absence of agreement regarding such joint use, the City Council shall provide for mediation of the terms and conditions of such joint use and the compensation to be paid therefrom.

(8) The grantee shall, on request of any person holding a moving permit issued by the grantor, temporarily move its wires or fixtures to permit the moving of buildings, the expense of such temporary removal to be paid by the person requesting the same, and the grantee shall be given not less than 48 hours advance notice to arrange for such temporary changes.

(9) The grantee shall have the authority, except when in conflict with existing grantor ordinances, to trim any trees upon and overhanging the streets, alleys, sidewalks and public places so as to prevent the branches of such trees from coming in contact with the wires and cables of the grantee, except that at the option of the grantor, such trimming may be done by the grantee, under grantor's supervision.

(Ord. 912, passed 6-8-00)

In the event that more than two franchises are awarded, the city reserves the right to limit the number of drop cables per residence, consistent with applicable law.

(Ord. 912, passed 6-8-00)

The grantee shall construct, install, operate and maintain its system in a manner consistent with all applicable laws, ordinances, construction standards, governmental requirements, FCC technical standards, and any detailed standards set forth in its franchise agreement. In addition, the grantee shall provide to the grantor, upon request, a written report of the results of the grantee's periodic proof of performance tests conducted pursuant to FCC and franchise standards and guidelines.

(Ord. 912, passed 6-8-00)

Substantial repeated and verified failure to maintain specified standards as described in § 112.090 shall constitute a material breach of the franchise.

(Ord. 912, passed 6-8-00)

Grantee shall indemnify, defend and hold frantor, its officers, agents and employees harmless from any liability, claims, damages, costs or expenses to the extent provided in the franchise agreement.

(Ord. 912, passed 6-8-00)

(A) On or before commencement of franchise operations, the grantee shall obtain policies of liability, Workers' Compensation and property insurance from appropriately qualified insurance companies.

(B) The policy of liability insurance shall:

(1) Be issued to grantee and name grantor, its officers, agents and employees as additional insureds;

(2) Indemnify for all liability for personal and bodily injury, death and damage to property arising from activities conducted and premises used pursuant to this chapter by providing coverage therefor, including but not limited to:

(a) Negligent acts or omissions of grantee, and its agents, servants and employees, committed in the conduct of franchise operations, and/or

(b) Use of motor vehicles;

(3) Provide a combined single limit for comprehensive general liability and comprehensive automobile liability insurance in the amount provided for in the franchise agreement. Such insurance policy shall be subject to review by grantor's legal counsel; and

(4) Be noncancellable without 30 days' prior written notice thereof directed to grantor.

(C) The policy of Workers' Compensation Insurance shall comply with the laws of the State of California.

(D) The policy of property insurance shall provide fire insurance with extended coverage on the franchise property used by grantee in the conduct of franchise operations in an amount adequate to enable grantee to resume franchise operations following the occurrence of any risk covered by this insurance.

(E) Grantee shall file with grantor prior to commencement of franchise operations a certificate of insurance for each of the required policies executed by the company issuing the policy or by a broker authorized to issue such a certificate, certifying that the policy is in force and providing the following information with respect to said policy:

(1) The policy number;

(2) The date upon which the policy will become effective and the date upon which it will expire;

(3) The names of the named insureds and any additional insured required by the franchise agreement;

(4) The subject of the insurance;

(5) The type of coverage provided by the insurance; and

(6) The amount or limit of coverage provided by the insurance.

If the certificate of insurance does not provide all of the above information, grantor reserves the right to inspect the relevant insurance policies.

(F) Conduct of franchise operations shall not commence until grantee has complied with the aforementioned provisions of this section.

(G) In the event grantee fails to maintain any of the above-described policies in full force and effect, grantor shall, upon 48 hours' notice to grantee, have the right to procure the required insurance and recover the cost thereof from grantee. Grantor shall also have the right to suspend the franchise during any period that grantee fails to maintain said policies in full force and effect. In order to account for increases in consumer prices, no more than once during any five-year period, grantor shall have the right to order grantee to increase the amounts of the insurance provided in the franchise agreement. Such order may be made by grantor after conducting a duly noticed public hearing, in which grantee has an opportunity to comment. Grantee's decision shall be based on written findings. Increases in insurance coverage shall be based upon current prudent business practices of like enterprises involving the same or similar risks.

(Ord. 912, passed 6-8-00)

(A) Grantee shall at all times maintain:

(1) With respect to cable service, record of all service calls and interruptions or degradation of service experienced for the preceding one year, provided that such complaints result in or require a service call, subject to the subscriber's right of privacy.

(2) A full and complete set of plans, records and "as-built" maps showing the locations of the cable system installed or in use in the city, exclusive of subscriber service drops and equipment provided in subscriber's homes.

(3) If requested by grantor, a summary of service calls with respect to cable service, identifying the number, general nature and disposition of such calls, on a quarterly basis. A summary of such service calls shall be submitted to the grantor within 30 days following any grantor request, in a form reasonably acceptable to the grantor.

(B) The grantor may impose reasonable requests for additional information, records and documents from time to time, provided they reasonably relate to the scope of the city's rights under this chapter or the grantee's franchise agreement.

(C) Upon reasonable notice, and during normal business hours, grantee shall permit examination by any duly authorized representative of the grantor of all franchise property and facilities, together with any appurtenant property and facilities of grantee situated within or without the city, and all records relating to the franchise, provided they are necessary to enable the grantor to carry out its regulatory responsibilities under this chapter or the franchise agreement. Grantee shall have the right to be present at any such examination.

(Ord. 912, passed 6-8-00)

(A) Not sooner than 90 days after the end of the calendar year, and within 30 days of a grantor request, grantee shall submit a written annual report to grantor, if requested, with respect to the preceding calendar year in a form approved by grantor, including, but not limited to, the following information:

(1) A summary of the previous year's (or in the case of the initial reporting year, the initial year's) activities in development of the cable system; including but not limited to, services begun or discontinued during the reporting year;

(2) A list of grantee's officers, members of its board of directors, and other principals of grantee;

(3) A list of stockholders or other equity investors holding five percent or more of the voting interest in grantee;

(4) An indication of any residences in grantee's service area where cable service is not available, and a schedule for providing service;

(5) Information as to the number of homes passed, subscribers, additional outlets, and the number of basic and pay subscribers;

(6) Any other information relevant to franchise regulation which the grantor shall reasonably request, and which is relevant to its regulatory responsibilities.

(B) Upon request, grantee shall submit to grantor copies of all pleadings, applications and reports submitted by grantee to, as well as copies of all decisions, correspondence and actions by, any federal, state or local court, regulatory agency, or other governmental body which are non-routine in nature and which will materially affect its cable system operations within the franchise area. Information otherwise confidential by law and so designated by grantee, which is submitted to grantor, shall be retained in confidence by grantor and its authorized agents, shall be made available only to persons needing access to the materials to perform their responsibilities on behalf of or for the grantor, and shall not be made available for public inspection. Notwithstanding the foregoing, grantee shall have no obligation to provide copies of documents to grantor which contain trade secrets of grantee or which are otherwise of a confidential or proprietary nature to grantee unless it receives satisfactory assurances from grantor that such information can and will be held in strictest confidence by the grantor. To the extent possible, grantee will provide grantor with summaries of any required documents or copies thereof with trade secrets and proprietary matters deleted therefrom. The burden of proof shall be on grantee to establish the confidential nature of any information submitted, to the reasonable satisfaction of the grantor.

(C) If grantee is publicly held, upon grantor request, a copy of each grantee's annual and other periodic reports and those of its parent, shall be submitted to grantor within 45 days of its issuance.

(D) Upon grantor's request, but no more than annually, grantee shall submit to grantor a privacy report indicating the degree of compliance with the provisions contained in § 112.162(C), (D) and (F) herein and all steps taken to assure that the privacy rights of individuals have been protected.

(E) All reports required under this chapter, except those designated by grantee as confidential, shall be available for public inspection in the grantor's offices during normal business hours. The burden of proof shall be upon the grantee to establish the validity of any claims regarding reports designated as confidential.

(F) All reports and records required under this chapter shall be furnished at the sole expense of grantee, except as otherwise provided in the franchise agreement.

(G) The willful refusal, failure, or neglect of grantee to file any of the reports required as and when due under this chapter, may be deemed a material breach of the franchise if such reports are not provided to grantor within 30 days after written request therefor, and may subject the grantee to all remedies, legal or equitable, which are available to grantor under this chapter or the franchise agreement.

(H) Any materially false or misleading statement or representation made knowingly and willfully by the grantee in any report required under this chapter or under the franchise agreement may be deemed a material breach of the franchise and may subject grantee to all remedies, legal or equitable, which are available to grantor.

(Ord. 912, passed 6-8-00)

Upon request of the grantor, but not more than once bi-annually, the grantee shall conduct a subscriber satisfaction survey pertaining to quality of cable service, which may be transmitted to subscribers in grantee's invoice for cable services. The results of such survey shall be provided to the grantor on a timely basis. The cost of such survey shall be borne by the grantee.

(Ord. 912, passed 6-8-00)

(A) Each two years throughout the term of the franchise, if requested by the grantor, grantor and grantee shall meet publicly to review system performance and quality of cable service. The various reports required pursuant to this chapter, results of technical performance tests, the record of subscriber complaints and grantee's response to complaints, and the information acquired in any subscriber surveys, shall be utilized as the basis for review. In addition, any subscriber may submit comments or complaints during the review meetings, either orally or in writing, and these shall be considered. Within 30 days after the conclusion of a system performance review meeting, grantor may issue findings with respect to the cable system's franchise compliance and quality of service.

(B) If grantor determines that grantee is not in compliance with the material requirements of this chapter or the grantee's franchise, grantor may direct grantee to correct the areas of noncompliance within a reasonable period of time. Failure of grantee, after due notice, to correct the areas of noncompliance within the period specified therefor or to commence compliance within such period and diligently achieve compliance thereafter, shall be considered a material breach of the franchise; and grantor may exercise any remedy within the scope of this chapter and the franchise agreement considered appropriate.

(Ord. 912, passed 6-8-00)

When there have been a substantial number of complaints made or where there exists other evidence which, in the judgment of the grantor, casts reasonable doubt on the technical reliability or quality of cable service to the effect that the grantee is not in compliance with the requirements of this chapter or its franchise, the grantor shall have the right to compel the grantee to test, analyze and report on the performance of the system in order to protect the public against substandard cable service. Grantor may not compel grantee to provide such tests or reports unless and until grantor has provided grantee with at least 30 days' notice of its intention to exercise its rights under this section and has provided grantee with an opportunity to be heard prior to its exercise of such rights. Such test or tests shall be made and the report shall be delivered to the grantor no later than 30 days after the grantor notifies the grantee that it is exercising such right. Such tests shall be made at grantee's sole cost. Such report shall include the following information: The nature of the complaints which precipitated the special tests, what system component was tested, the equipment used and procedures employed in said testing, the results of such tests, and the method by which such complaints were resolved. Any other information pertinent to the special test shall be recorded.

(Ord. 912, passed 6-8-00)

If grantee fails to perform in a timely manner any material obligation required by this section or a franchise granted hereunder, following notice from the grantor and an opportunity to cure such nonperformance in accordance with the provisions of this subchapter of this chapter and the franchise, grantor may at its option and in its sole discretion:

(A) Cure the violation and recover the actual cost thereof from the security fund established herein if such violation is not cured within 30 days after written notice to the grantee of grantor's intention to cure and draw upon the security fund;

(B) Assess against grantee liquidated damages in an amount set forth in the franchise agreement for any such violation(s) if such violation is not cured, or if grantee has not commenced a reasonable plan to cure the violation(s), on a schedule acceptable to grantor, within 30 days' after written notice to the grantee of grantor's intention to assess liquidated damages. Such assessment may be withdrawn from the security fund, and shall not constitute a waiver by grantor of any other right or remedy it may have under the franchise or applicable law.

(Ord. 912, passed 6-8-00)

Prior to imposing any remedy or other sanction against grantee specified in this chapter, grantor shall give grantee notice and opportunity to be heard on the matter, in accordance with the following procedures:

(A) Grantor shall first notify grantee of the violation in writing by personal delivery or registered or certified mail, and demand correction within a reasonable time, which shall not be less than 30 days. If grantee fails to demonstrate that a violation does not exist, correct the violation within the time prescribed, or initiate a reasonable plan of action to correct the violation and diligently remedy such violation thereafter, grantor may declare grantee in default, which declaration shall be in writing.

(B) Within 20 days after declaration of default, grantee may request, in writing, a public hearing to be held before the Council providing grantee with the full opportunity to participate and present evidence.

(C) Subsequent to the public hearing, the Council shall hear and consider all other relevant evidence, and thereafter render written findings and its decision.

(D) In the event the Council finds that the grantee has corrected the violation or has diligently commenced correction of such violation after notice thereof from grantor and is diligently proceeding to fully remedy such violation, or that no material violation has occurred, the proceedings shall terminate and no penalty or other sanction shall be imposed.

(E) In the event the Council finds that material violations exist and that grantee has not corrected the same in a satisfactory manner or has not diligently commenced correction of such violation after notice thereof from grantor and is not diligently proceeding to fully remedy such violation, the Council may exercise any right or remedy afforded in law or equity, or any remedies provided in this chapter and the franchise agreement as it, in its discretion, deems appropriate under the circumstances.

(Ord. 912, passed 6-8-00)

(A) Grantor reserves the right to revoke any franchise granted pursuant to this chapter and rescind all rights and privileges associated with it, in accordance with the provisions of § 112.130, after a declaration of default in the following circumstances, each of which shall represent a material breach under the franchise:

(1) If grantee shall willfully or repeatedly default in the performance of its material obligations under this chapter or the franchise agreement and shall continue such default after receipt of due notice and reasonable opportunity to cure the default;

(2) If grantee shall willfully fail to provide or maintain in full force and effect the insurance coverage or security fund as required in the franchise agreement;

(3) If grantee shall willfully violate any material order or ruling of any regulatory body having jurisdiction over the grantee that materially affects the grantee's franchise, unless such order or ruling is being contested by grantee by appropriate proceedings;

(4) If grantee practices any fraud or deceit upon grantor;

(5) If grantee becomes insolvent, unable or unwilling to pay its debts, or is adjudged a bankrupt.

(B) No revocation shall be implemented pending resolution of any appeals. The termination and forfeiture of the grantee's franchise shall in no way affect any right of grantor to pursue any remedy under the franchise or any provision of law.

(Ord. 912, passed 6-8-00)

In the event grantee's performance of any of the terms, conditions or obligations required by this chapter or a franchise granted hereunder is prevented by a cause or event not within grantee's control, such inability to perform shall be deemed excused for such period as may be reasonably necessary to overcome the effects of such cause or event, and no penalties or sanctions shall be imposed as a result thereof; provided, however, that such inability to perform shall not relieve a grantee from any obligations pertaining to refunds and credits for interruptions in service. For the purpose of this section, causes or events not within the control of grantee shall include without limitation acts of God, strikes, sabotage, riots or civil disturbances, restraints imposed by order of a governmental agency or court, labor unrest, strikes, inability to obtain access to private property, explosions, acts of public enemies, and natural disasters such as floods, earthquakes, landslides, and fires, but shall not include financial inability of the grantee to perform or failure of the grantee to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of grantee, or the failure of the grantee to secure supplies, services or equipment necessary for the installation, operation, maintenance or repair of the cable system where the grantee has failed to exercise reasonable diligence to secure such supplies, services or equipment.

(Ord. 912, passed 6-8-00)

(A) In the event that the use of any property of grantee within the public rights-of-way is discontinued for a continuous period of 12 months, grantee shall be deemed to have abandoned that franchise property. Any part of the cable system that is parallel or redundant to other parts of the system and is intended for use only when needed as a backup for the system or a part thereof, shall not be deemed to have been abandoned because of its lack of use.

(B) Grantor, upon such terms as grantor may impose, may give grantee permission to abandon, without removing, any system facility or equipment laid, directly constructed, operated or maintained under the franchise. Unless such permission is granted or unless otherwise provided in this chapter, the grantee shall remove all abandoned above-ground facilities and equipment upon receipt of written notice from grantor and shall restore any affected street to its former state at the time such facilities and equipment were installed, so as not to impair its usefulness. In removing its plant, structures and equipment, grantee shall refill, at its own expense, any excavation that shall be made by it and shall leave all public ways and places in as good condition as that prevailing prior to such removal without materially interfering with any electrical or telephone cable or other utility wires, poles, or attachments. Grantor shall have the right to inspect and approve the condition of the public ways, public places, cables, wires, attachments and poles prior to and after removal. The liability, indemnity and insurance provisions of this chapter and the security fund as provided herein shall continue in full force and effect during the period of removal and until full compliance by grantee with the terms and conditions of this section.

(C) Upon abandonment of any franchise property in place, the grantee, if required by the grantor, shall submit to the grantor an instrument, satisfactory in form to the grantor, transferring to the grantor the ownership of the franchise property abandoned, subject to grantee's right, if any, to compensation under applicable law.

(D) Except in circumstances where a grantee is not required to have a franchise by law, at the expiration of the term for which the franchise is granted, or upon its revocation or earlier expiration, as provided herein, in any such case without renewal, extension or transfer, the grantor shall have the right to require grantee to remove, at its own expense, all above-ground portions of the cable system from all streets and public ways within the city within a reasonable period of time, which shall not be less than 180 days.

(E) Notwithstanding anything to the contrary set forth in this chapter, the grantee may abandon any underground franchise property in place so long as it does not materially interfere with the use of the street or public rights-of-way in which such property is located or with the use thereof by any public utility or other cable grantee.

(Ord. 912, passed 6-8-00)

In the event of a failure by grantee to complete any work required herein or by any other law or ordinance, and if such work is not completed within 30 days after receipt of written notice thereof from grantor or, if more than 30 days are reasonably required therefor, if grantee does not commence such work within such 30 days' period and diligently complete the work thereafter (except in cases of emergency constituting a threat to public health, safety or welfare), grantor may cause such work to be done and grantee shall reimburse grantor the costs thereof within 30 days after receipt of an itemized list of such costs, or grantor may recover such costs through the security fund provided by grantee.

(Ord. 912, passed 6-8-00)

Upon expiration or revocation of the franchise, the grantor shall have the discretion to permit grantee to continue to operate the cable system for an extended period of time. Except in circumstances where a grantee is not required to have a franchise by law, grantee shall continue to operate the system under the terms and conditions of this chapter and the franchise and to provide the regular subscriber service and any and all of the services that may be provided at that time. It shall be the right of all subscribers to continue to receive all available services provided that financial and other obligations to grantee are honored. The grantee shall use reasonable efforts to provide continuous, uninterrupted service to its subscribers, including operation of the system during transition periods following franchise expiration or termination.

(Ord. 912, passed 6-8-00)

(A) A franchise granted hereunder shall, at the option of grantor, cease and terminate 120 days after appointment of a receiver or receivers, or trustee or trustees, to take over and conduct the business of grantee, whether in a receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said 120 days, or unless: such receivers or trustees shall have, within 120 days after their election or appointment, fully complied with all the terms and provisions of this chapter and the franchise granted pursuant hereto, and the receivership or trustees within said 120 days shall have remedied all the faults under the franchise or provided a plan for the remedy of such faults which is satisfactory to the grantor; and such receivers or trustees shall, within said 120 days, execute an agreement duly approved by the court having jurisdiction in the premises whereby such receivers or trustees assume and agree to be bound by each and every term, provision and limitation of the franchise granted.

(B) In the case of a foreclosure or other judicial sale of the franchise property, or any material part thereof, grantor may serve notice of termination upon grantee and the successful bidder at such sale, in which event the franchise granted and all rights and privileges of the grantee hereunder shall cease and terminate 30 days after service of such notice, unless: grantor shall have approved the transfer of the franchise, as and in the manner that this chapter provides; and such successful bidder shall have covenanted and agreed with grantor to assume and be bound by all terms and conditions of the franchise.

(Ord. 912, passed 6-8-00)

In addition to any rights specifically reserved to the grantor by this chapter, the grantor reserves to itself every right and power which is required to be reserved by a provision of any ordinance or under the franchise.

(Ord. 912, passed 6-8-00)

The grantor shall have the right to waive any provision of the franchise, except those required by federal or state regulation, if the grantor determines that it is in the public interest to do so, and that the enforcement of such provision will impose an undue hardship on the grantee or the subscribers. To be effective, such waiver shall be evidenced by a statement in writing signed by a duly authorized representative of the grantor. Waiver of any provision in one instance shall not be deemed a waiver of such provision subsequent to such instance nor be deemed a waiver of any other provision of the franchise unless the statement so recites.

(Ord. 912, passed 6-8-00)

(A) Grantee shall, not deny service, deny access, or otherwise discriminate against subscribers or channel users on the basis of race, color, religion, national origin, age or sex. Grantee shall comply at all times with all other applicable federal, state and local laws and regulations relating to nondiscrimination.

(B) Grantee shall adhere to the applicable equal employment opportunity requirements of federal, state and local regulations, as now written or as amended from time to time.

(C) Neither grantee, nor any person, agency, or entity shall, without the subscriber's consent, tap, or arrange for the tapping, of any cable, line, signal input device, or subscriber outlet or receiver for any purpose except routine maintenance of the system, detection of unauthorized service, polling with audience participation, or audience viewing surveys to support advertising research regarding viewers where individual viewing behavior cannot be identified.

(D) In the conduct of providing its services or in pursuit of any collateral commercial enterprise resulting therefrom, grantee shall take reasonable steps to prevent the invasion of a subscriber's right of privacy or other personal rights through the use of the system as such rights are delineated or defined by applicable law. Grantee shall not without lawful court order or other applicable valid legal authority utilize the system's interactive two-way equipment or capability for unauthorized personal surveillance of any subscriber.

(E) No cable line, wire amplifier, converter, or other piece of equipment owned by grantee shall be installed by grantee in the subscriber's premises, other than in appropriate easements, without first securing any required consent. If a subscriber requests service, permission to install upon subscriber's property shall be presumed.

(F) The grantee, or any of its agents or employees, shall not sell, or otherwise make available to any party without consent of the subscriber pursuant to state and federal privacy laws:

(1) Any list of the names and addresses of subscribers containing the names and addresses of subscribers who request in writing to be removed from such list; and

(2) Any list which identifies the viewing habits of individual subscribers, without the prior written consent of such subscribers. This does not prohibit the grantee from providing composite ratings of subscriber viewing to any party.

(Ord. 912, passed 6-8-00)

Unless otherwise provided, when the performance or doing of any act, duty, matter, or payment is required under this chapter, and a period of time or duration for the fulfillment of doing thereof is prescribed and is fixed herein, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period or duration of time. Payments shall be deemed paid upon dispatch by mail.

(Ord. 912, passed 6-8-00)