Tracy Municipal Code Art. 12 Grantor and Subscriber Rights

In addition to any rights specifically reserved to the grantor by this ordinance, 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. 1025 § 6 (part), 2001)

(a) 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 (1) that it is in the public interest to do so, or (2) that the enforcement of such provision will impose an undue hardship on the grantee or on 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 any 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, provided that such waiver does not conflict with the nondiscriminatory treatment requirements of section 8.10.100.

(b) The grantee shall not be excused from complying with any of the requirements of this ordinance or the franchise agreement by any failure of the grantor on any one or more occasions to require or seek compliance with any such terms or conditions.

(Ord. 1025 § 6 (part), 2001)

(a) Grantee shall not deny cable service, deny access, or otherwise discriminate against subscribers, channel users, or general citizens 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. However, nothing in this ordinance or the franchise shall limit the right of the grantee to deny service to any household or individual which has a negative credit or service history with the grantee, which may include non-payment of bills or theft or damage to grantee's equipment, or who has threatened or assaulted employees of the grantee in the course of their employment.

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

(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 deemed granted.

(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. 1025 § 6 (part), 2001)