Legal and equitable title to the Cable Television System, including
any and all facilities and equipment provided for public, educational,
and governmental access, and all channels of whatever kind or nature
shall be vested in the Licensee. The foregoing sentence shall not
be construed to preclude the lease, without more, by a Licensee of
the right to use electromagnetic spectrum space from a public entity
which owns such a right.
(SCC 690 § 1, 1987; SCC
786 § 1, 1989)
Notwithstanding the provisions of Section 5.75.400 above, a Licensee may lease any antennae, cables, wires, lines, towers, waveguides, or other conductors, converters, amplifiers, headend equipment, master controls, earth stations, equipment and facilities ("Equipment"), and/or may lease the use of such Equipment, comprising the Cable Television System from others, provided that the lease relationship meets all of the following requirements:
a.
The
lease relationship shall be reflected fully in a written document
("Lease") which shall be executed by lessor and lessee and a copy
of which shall be filed with the Commission at the inception of the
Lease;
b.
The
Lease shall expressly acknowledge that, so long as the leased Equipment
shall be utilized in connection with the Cable Television System,
the Lease, the Equipment, and any payments by the lessee therefor,
shall be subject to the provisions of this chapter;
c.
The lessor under the Lease shall be an additional named insured on all of the insurance provided by the Licensee pursuant to Section 5.75.604; and
(SCC 786 § 1, 1989)
Services provided by a Licensee through its Cable Television
System shall be offered uniformly upon nondiscriminatory terms to
Subscribers and Users, and shall not differ based upon geographical
location, income levels, racial or ethnic composition.
(SCC 690 § 1, 1987; SCC
786 § 1, 1989)
No License shall remove or offer to remove any potential or
existing Subscriber antenna, or provide any inducement for removal
as a condition respecting the provision of service.
(SCC 690 § 1, 1987; SCC
786 § 1, 1989)
No License issued pursuant to the provisions of this chapter
shall be deemed to expressly or impliedly authorize the Licensee to
utilize its Cable Television System to provide any service in such
a manner as to unlawfully damage any business competitor or other
third party or violate any statutes or regulations of the United States
or State of California. Nor shall any Licensee, by act or omission,
engage in any anti-competitive practice in violation of any statutes
of regulations of the United States or State of California. The provisions
of this section shall be enforceable in courts of competent jurisdiction
against a Licensee by any party who alleges injury as a result of
an alleged violation thereof.
(SCC 690 § 1, 1987; SCC
786 § 1, 1989)
No License shall deny service, deny access or otherwise discriminate
against Subscribers, channel Users or general citizens on the basis
of race, color, religion, national origin or sex.
(SCC 690 § 1, 1987; SCC
786 § 1, 1989)
Each Licensee, and its officers, agents, employees, contractors
and subcontractors, shall respect, refrain from invading, and take
affirmative action to prevent violation of the privacy of subscribers
served by the Cable Television System and others.
a.
Neither
the Licensee nor any other person, agency, or entity shall tap, or
arrange for the tapping or monitoring of any cable, line, signal input
device, or subscriber outlet or receiver for any purpose whatsoever,
except that the Licensee may conduct tests of the functioning of the
System where necessary in order to ensure proper maintenance of the
System and to collect performance data for agencies regulating the
quality of signals, and the Licensee may conduct System wide or individually
addressed "sweeps" for the sole purpose of verifying System integrity
(including individual security system integrity), controlling return
path transmissions, billing for pay services, or collecting aggregate
date on viewing patterns by channel. "Tapping" shall mean observing
a communications signal exchange where the observer is neither of
the communicating parties, whether the exchange is observed by visual,
aural or electronic means, for any purpose whatsoever. The provision
of Interactive Services shall not be construed to be "tapping" or
"monitoring" under this Subparagraph.
b.
The
License shall not place in any private residence or in any institution
any equipment capable of two way communications without the written
consent of the Subscriber, and shall not utilize the two-way communications
capability of the System for Subscriber surveillance of any kind without
the written consent of the Subscriber specifying how the data collected
will be used and by whom. Tenants who occupy premises connected by
the System shall be deemed to be Subscribers within the meaning of
this Subparagraph regardless of who actually pays for the service.
The written consents shall be, and shall show on their face that they
are, revocable by the Subscriber at any time by written communication
mailed by the Subscriber to the Licensee. No penalty shall be invoked
for a Subscriber's failure to provide a written consent or for his
or her revocation thereof, and all written consents shall so state
on their face. The Licensee shall not make such written consent a
condition precedent to receipt by a Subscriber of non-interactive
service. The provisions of this subparagraph shall not be deemed to
require consent as a condition precedent to System-wide or individually
addressed "sweeps" for the sole purpose of verifying System integrity,
controlling return-path transmissions, billing for pay services, or
collecting aggregate data on viewing patterns by channel.
c.
No
cable, line, wire, amplifier, converter, or other piece of equipment
associated with Cable Television System services shall be attached
to any residence or other property of a citizen (except within Streets)
without first securing the written permission of the owner or tenant
of the property. If such permission is later lawfully revoked, whether
by the original or subsequent owner or tenant, the Licensee shall
remove forthwith all of the equipment and promptly restore the property
to its original condition. The Licensee shall perform all installations
in a workmanlike manner and shall be responsible for any damage to
residences or other property caused by the installation.
d.
No
Licensee or officer, agent or employee thereof shall sell, or otherwise
make available, lists of the names and addresses of its Subscribers,
or any list which identifies, by name or otherwise individual subscriber
viewing habits, to any person, agency, or entity for any purpose whatsoever
except that the Licensee shall, upon request, provide lists of names
and addresses of its subscribers to authorized representatives of
the Cable Television Commission when the Board of Directors of the
Commission deems such information necessary for performance of the
regulatory functions of the Commission. Names and addresses of Subscribers
within the possession of the Commission shall not be subject to public
inspection or review.
e.
A
Licensee may release the number of Subscribers but only as a total
number and as a percentage of the potential Subscriber within the
License Area. When indicating the number of Subscribers viewing a
particular channel, a Licensee shall indicate only the total number
of Subscribers viewing during the relevant time and, the percentage
of all Subscribers which they represent, but not the identity of any
Subscriber.
f.
No
polls or other two way responses of Subscribers shall be conducted
whether for commercial purposes, in connection with Community Use,
or otherwise unless the program of which the poll is a part contains
an explicit disclosure of the nature, purpose, and prospective use
of the results of the poll. The License shall supervise and monitor
all polls in which responses are received through the Cable Television
System, and shall adopt and enforce measures which ensure that personally
identifiable information concerning a Subscriber, including his or
her viewing habits and response or responses to the inquiry or inquiries,
is not received by any third party, including the party sponsoring
the poll.
g.
A
Licensee shall not tabulate any test results, nor permit the use of
the System of such tabulation, which would reveal the commercial product
preferences or opinions of individual Subscribers, members of their
families or their invitees, Licensees or employees, without advance
written authorization by the Subscriber.
(SCC 690 § 1, 1987; SCC
786 § 1, 1989)
No Licensee shall discriminate in employment or selection of
contractors or subcontractors on the basis of race, color, religion,
national origin or sex (including marital status). Each Licensee shall
strictly comply with the Equal Employment Opportunity Regulations
promulgated by the FCC, and all applicable Federal and State statutes
and regulations and ordinances of the County and Cities.
(SCC 690 § 1, 1987; SCC
786 § 1, 1989)
Except as otherwise expressly provided herein, the Board of Directors of the Cable Television Commission shall be authorized to regulate all Cable Television operations and services provided by a Licensee for the purpose of promoting and protecting the public convenience, health, safety and welfare. The Board of Directors of the Commission may exercise regulatory powers conferred herein by the enactment, from time to time, of rules and regulations, after a public hearing by the Board or an advisory committee appointed by the Board, notice of which is given in the manner prescribed by Section 5.75.020. The rule making powers of the Board of Directors shall include, but not be limited to, the authority to interpret, clarify, make specific and apply the provisions of this Ordinance and to enact rules and regulations which impose specific duties or prohibitions for the purpose of implementing the duties, responsibilities and restrictions set forth in this Ordinance or such duties, responsibilities and restrictions as may be authorized to be imposed by such future state or federal enactments as may, from time to time, occur. The foregoing shall include, but not be limited to, consumer protection regulations and, to the extent now or hereafter allowed by state and federal law, rate regulation. Each Licensee shall comply with all such rules and regulations.
(SCC 0819 § 1, 1991)
