§ 10-37. Right of privacy.

(a)

Grantee shall comply with the privacy provisions of the Federal Cable Act, as amended, and any other applicable provisions of law, judicial law, rules or regulations.

(b)

The grantee shall not, nor shall grantee knowingly permit any person, agency, or entity, without the subscriber's consent, to tap, or to arrange for the tapping, or any cable, line, signal input device, or subscriber outlet or receiver for any purpose except routine maintenance of the system, routine operation of the system, polling with audience participation, judicial order, or audience viewing surveys to support advertising research regarding viewers where individual viewer behavior cannot be identified.

(c)

In the conduct of providing its services or pursuit of any collateral commercial enterprise resulting therefrom, grantee shall take any and all necessary action to prevent an invasion of a subscriber's right to privacy or other personal rights as such rights are defined by applicable laws. The grantee shall not without lawful court order utilize the system's interactive two-way equipment or capability for unauthorized personal surveillance of any subscriber.

(d)

The grantee and any of its agents or employees, shall not sell or otherwise make available to any unaffiliated third party, lists of subscribers' names, addresses, or phone numbers, or any list which identifies, by name, the viewing habits of subscribers, or personalized data pertaining to a subscriber's use of any of the grantee's services, except as may be permitted by the Federal Cable Act. For purposes of this section, "personalized data" shall mean the name, address, phone number of an individual subscriber directly associated with data obtained on his or her use of specific services provided by or through the grantee. Nothing herein shall be construed to prevent, as a normal incident of commercial enterprise, the sale or availability of "non-personalized" or "aggregate data" which is not personalized data as defined herein. Unaffiliated third party means any corporation, person or entity who does not own or control, is not owned or controlled by or is not under common ownership or control with grantee.

(Ord. No. 80-512, § 1, 6-24-97)