Chapter 31.40


31.40.010    Discrimination prohibited.

31.40.020    Privacy.

31.40.010 Discrimination prohibited.

(a)    In connection with rates, charges, facilities, rules, regulations and in all of a cable operator’s services, programs or activities, and all of a cable operator’s hiring and employment in the city, there shall be no discrimination by a cable operator or by a cable operator’s employees, agents, contractors, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, creed, national origin, sexual orientation, marital status or the presence of any disability, including sensory, mental or physical handicaps (unless based upon a bona fide occupational qualification). This requirement shall include, but not be limited to, the following practices: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

(b)    Cable service shall not be denied to any group of potential residential subscribers because of the income of the residents of the local area in which such group resides.

(c)    A cable operator shall not violate any applicable federal, state or local law or regulation regarding nondiscrimination.

(d)    Nothing in this section shall be deemed to prohibit the establishment of a graduated scale of charges and classified rate schedules to which any subscriber coming within such classification would be entitled, or to prevent a cable operator from waiving or modifying connection and/or service charges on a nondiscriminatory basis during promotional campaigns. (Ord. 4207 § 1 (part), 2009)

31.40.020 Privacy.

(a)    A cable operator shall at all times protect the privacy rights of all subscribers under all applicable law, including, but not limited to, Section 631 of the Cable Act, 47 U.S.C. 551.

(b)    The cable operator shall not monitor cable television signals to determine the individual viewing patterns or practices of any subscriber without prior hardcopy written consent from that subscriber.

(c)    A subscriber’s “prior written or electronic consent” for purposes of subsection (b) of this section and 47 U.S.C. 551 shall be obtained by a cable operator pursuant to a separate document with a prominent statement that the subscriber is providing such consent in full knowledge of the provisions of 47 U.S.C. 551. Such written permission shall be for a limited period of time not to exceed one year, which shall be renewable in writing at the option of the subscriber. No penalty shall be invoked for a subscriber’s failure to provide or renew such an authorization. The authorization shall be revocable at any time by the subscriber, without penalty of any kind, by delivering to the cable operator in writing, by mail or otherwise, the subscriber’s decision to revoke the authorization. Any revocation shall be effective upon receipt by the cable operator.

(d)    A subscriber shall be provided access to all personally identifiable information regarding that subscriber which is collected and maintained by a cable operator. Such information shall be made available to the subscriber at reasonable times and at a convenient place designated by such cable operator. A subscriber shall be provided reasonable opportunity to correct any error in such information. (Ord. 4207 § 1 (part), 2009)