2002 FEBRUARY - Laserfiche WebLink

6.52.160 6.52.160 Grantor And Subscriber Rights: A. Reservation Of Grantor Rights: In addition to any rights specifically re- served to the grantor by this chapter, the grantor reserves to itself every right and power which is required to be reserved by a provision of any ordi- nance or under the franchise. B. Waiver: 1. The grantor shall have the right to waive any provision of the franchise, except those required by federal or state regulation, if the grantor determines: a) that it is in the public interest to do so, and b) that the enforcement of such provision will impose an undue hard- ship on the grantee or on the subscrib- ers. To be effective, such waiver shall be evidenced by a statement in writing signed by a duly authorized representa- tive of the grantor. Waiver of any pro- vision 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. 2. The grantee shall not be excused from complying with any of the re- quirements of this chapter or the fran- chise agreement by any failure of the grantor on any one or more occasions to require or seek compliance with any such terms or conditions. C. Rights Of Individuals: 1. 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 or sex. Grantee shall comply at all times with all other applicable federal, state and local laws and regulations relating to nondiscrimination. 2. Grantee shall adhere to the appli- cable equal employment opportunity requirements of federal, state and local regulations, as now written or as amended from time to time. 3. Unless directed or conducted by an authorized law enforcement agency, which has obtained all necessary per- mits, neither grantee, nor any person, 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 participa- tion, or audience viewing surveys to support advertising research regarding viewers where individual viewing be- havior cannot be identified. 4. In the conduct of providing its cable services or in pursuit of any col- lateral 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 capa- bility, if such equipment or capability exists, for unauthorized personal sur- veillance of any subscriber or general citizen. 192-27 (Pleasanton February 2002)