§ 7-66. Rights of individuals, subscribers, and users.

(a)

A licensee 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 level of income. A licensee shall comply at all times with all other applicable federal, state, and local laws and regulations.

(b)

A licensee shall strictly adhere to the equal employment opportunity requirements of the FCC, state statutes, and local regulations, and as the same may be amended from time to time.

(c)

A licensee shall comply with the subscriber privacy requirements of section 631 of the Cable Communications Policy Act of 1984 as amended.

(d)

The licensee, or any of its agents or employees, shall not sell, or otherwise make available to any party:

(1)

Lists of the names and addresses of subscribers.

(2)

Any list which identifies the viewing habits of individual subscribers where those subscribers are identified by name, address, or other techniques which would allow identification of an individual or household.

This section does not prohibit the licensee from providing composite ratings of subscriber viewing to any party.

(e)

The city shall not prohibit or limit any program or class or type of program or otherwise censor the communications or signals by a licensee or other parties over the cable communications system, other than programs on the designated government access channel or channels, and shall not promulgate any regulation or condition which would interfere with the right of free expression by means of cable television.

State Law reference— Similar provisions, A.R.S. § 9-510.

(f)

A licensee shall not prohibit or limit any program or class or type of program presented over any channel made available for public access, educational access, government access, local origination, or leased access purposes, except for programs originated or produced by the licensee and except when required by any applicable law, rule, or regulation.

(g)

A licensee shall establish and conform to the following rules regarding refunds to subscribers and users:

(1)

All normal equipment and service installations must be made within seven (7) business days of the date the order is placed. In the event that the licensee fails to provide such service or equipment within the required time period, the licensee shall within five (5) days thereafter refund any deposit or charge which has been made. Nothing in this section shall be construed to relieve a licensee of any responsibility it may have under any separately executed contracts or agreements with subscribers or users. Nothing in this section shall be construed as limiting a licensee's liability for liquidated damages which may be imposed under this chapter or the license agreement for the violation or breach of any provisions thereof. Nothing in this section shall be construed to limit a licensee's liability for damages because of its failure to provide the service for which the deposit or charge was made.

(2)

In the event that a subscriber terminates basic service during the first twelve (12) months of service because of the failure of a licensee to render the service in accordance with the requirements set forth in this chapter, or in the license agreement, as determined by CAPA, the licensee shall refund to such subscriber an amount equal to the initial installation or reconnection charge paid by the subscriber.

(3)

In the event that such subscriber has made any additional advance payment, the amount so advanced shall be refunded to such subscriber by the licensee. Nothing in this paragraph shall be construed to relieve a licensee of any liability established under any other provisions of this chapter or the license agreement.

(h)

There shall be no charge for a disconnection of any installation or outlet. Disconnection or downgrading of service, as applicable, shall be accomplished by the licensee as soon as practicable. In the event of disconnection, all cable communications equipment shall be removed by the licensee, within a reasonable time from a subscriber's property at the subscriber's request, such time not to exceed thirty (30) days from the date of the request. Disconnecting subscribers are entitled to either of the following, the determination of which shall be at the discretion of the licensee: complete removal of wires and all cable-related equipment from private property and restoration of exterior wall damage; or that wiring is left undisturbed in place, provided that the operator can disable the drop in the public right-of-way to forestall diversion of service. If any subscriber fails to pay a properly due monthly subscriber's fee, or any other properly due fee or charge, the licensee may disconnect the subscriber's service outlet; provided, however, that such disconnection shall not be effected until thirty (30) days after the due date of the monthly subscriber fee or other proper charge and shall include ten (10) days' written notice, to the subscriber in question, of the intent to disconnect. After disconnection, upon payment in full of all proper fees or charges, including the payment of the reconnection charge, if any, the licensee shall promptly reinstate the service.

(i)

Where the license provides for leased or commercial use, the licensee shall provide usage of the system on a leased-access basis as requested by both full-time and part-time users and potential users at reasonable rates and in a nondiscriminatory manner. Such access shall be for video, audio, and data services and shall be provided as long as the necessary video, audio, or data channels are available and shall be in accordance with all applicable federal law.

(Ord. No. 1757, § 19, 8-19-85; Ord. No. 2276, § 20, 2-20-90; Ord. No. 2442, § 1, 4-6-92)