In addition to any rights specifically reserved to the grantor
by this division, 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.
The
grantor shall have the right to waive any provision of the franchise
imposing an obligation on grantee, 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 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.
The
grantee shall not be excused from complying with any of the requirements
of this division 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.
Grantee
shall not deny service, deny access, or otherwise discriminate against
subscribers, channel users, or general citizens on the basis of race,
color, religion, national origin, age, sex or marital status. Grantee
shell comply at all times with all other applicable federal, state
and local laws and regulations relating to nondiscrimination.
However, nothing in this division or the franchise shall limit
the right of the grantee to deny service to any household or individual
who has a negative credit or service history with the grantee, which
may include nonpayment 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. In cases of bad or negative credit, grantee
may require the payment of a deposit.
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.
Without
a lawful court order or applicable valid legal authority, 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.
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.
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.
Grantee
shall comply with all laws and regulations regarding subscriber privacy
including, but not limited to, Section 631 of the Cable Act (47 U.S.C.
551).