Protection of privacy

(a)

The grantee shall not permit the transmission of any signal, aural, visual or digital, including "polling" the channel selection, from any subscriber's premises without first obtaining the authorization of the subscriber, in writing, which shall not have been obtained from the subscriber as a condition of any service for which transmission is not an essential element. The request for such consent shall be contained in a separate document which enumerates and describes the transmissions being authorized and includes a prominent statement that the subscriber is authorizing the permission in full knowledge of its provision, and the authorization shall be revocable at any time by the subscriber without penalty of any kind whatsoever. This provision is not intended to prohibit the use or transmission of signals useful only for the control or measurement of system performance or use only for billing subscribers.

(b)

The grantee shall not permit the installation of any special terminal equipment in any subscriber's premises that will permit transmission from the subscriber's premises of two-way services utilizing aural, visual or digital signals without first obtaining written authorization of the subscriber as provided in subsection (a).

(c)

The grantee or any of its agents or employees shall not without the specific written authorization of the subscriber involved as provided in subsection (a) sell or otherwise make available to any party any list which identifies the viewing habits or responses of individual subscribers; provided that no such authorization shall be valid for a period of time in excess of one (1) year.

(d)

Notwithstanding any other remedies provided for in this chapter or otherwise available under law, the city shall have the power to impose a monetary penalty up to five hundred dollars ($500.00) per day, per household, if the grantee violates any provisions of this section. Each offense shall be deemed to be a separate violation of this section.

(Code 1971, § 52-69; Ord. No. 7864-A, § 1(Art. VI, § 9), 1-28-82)