In the performance of a franchise, a grantee shall not discriminate
unfairly against any person on the ground of or because of race, creed,
color, national origin or ancestry, gender, religion or political
opinion or affiliation, income of residents in any area of the grantor,
or age. A grantee shall comply at all times with all other valid applicable
federal, state and local laws, and all federal and state executive
and administrative orders relating to nondiscrimination.
A.
Absent a court order or requirement of federal or state law, no signal
of a channel may be transmitted from a subscriber terminal for purposes
of monitoring individual viewing patterns or practices without the
express written permission of the subscriber; provided, however, that
grantee may conduct system-wide or individually addressed "sweeps"
solely for the purpose of verifying system integrity, checking for
illegal taps, controlling return-path transmission, billing for pay
services or monitoring channel usage in a manner not inconsistent
with the federal law. Grantee
shall not record or retain any information transmitted between a subscriber
and any third party, except as required for lawful business purposes.
The request for such permission shall be contained in a separate document
with a prominent statement that the subscriber is authorizing the
permission in full knowledge of its provisions. Such written permission
shall be for a limited period of time not to exceed one year which
shall be renewed at the option of the subscriber. No penalty shall
be invoked for a subscriber's failure to provide or renew such
authorization. The authorization shall be revocable at any time by
the subscriber without penalty of any kind whatsoever. Such permission
shall be required for each type or classification of cable communications
activity planned for the purpose of monitoring individual viewing
patterns or practices.
B.
No information or data obtained by monitoring transmission of a signal
from a subscriber terminal, or any other means, including but not
limited to, lists of the names and addresses of such subscribers or
any lists that identify the viewing habits of subscribers shall be
sold or otherwise made available to any party other than to a grantee
and its employees for internal business use, and also to the subscriber
subject of that information, unless a grantee has received specific
written authorization from the subscriber to make such data available.
