2000 038 Ordinance - Laserfiche WebLink

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ORDINANCE NO. 2000- 3s PAGE 31 (c) Neither Grantee, nor any person, agency, 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 participating, or audience viewing surveys to support advertising research regarding viewers where individual viewing behavior cannot be identified. (d) In the conduct of providing its services or in pursuit of any collateral commercial enterprise resulting therefrom, Grantee shall take reasonable steps to prevent the invasion of a subscriber's or general citizen's right of privacy as defined in the Cable Act or other personal rights through the use of the system as such rights are delineated or defined by applicable law. Grantee shall not, without lawful court order or other applicable valid legal authority, utilize the system's interactive two-way equipment or capability for unauthorized personal surveillance of any subscriber or general citizen. (e) Grantee shall not sell or otherwise make available to unaffiliated third parties, lists of the names and addresses of subscribers, or any list which identifies, by name, subscriber viewing habits, or personalized data pertaining to a subscriber's use of any of franchisee's services without the express written consent of the subscriber to which the personalized data pertains. For the purposes of this subsection, PERSONALIZED DATA shall mean the name and address of an individual subscriber directly associated with data obtained on his or her use of specific services provided by or through Grantee. Nothing herein shall be construed to prevent, as a normal incident of commercial enterprise, the sale or availability of "non-personalized" or "aggregated data" which is not "personalized data" as defined herein. (f) No cable line, wire amplifier, converter, or other piece of equipment owned by Grantee shall be installed by Grantee in the subscriber's premises, other than in appropriate easements, without first securing any required consent. §945.34 TIME LIMITS STRICTLY CONSTRUED. Whenever this chapter or the franchise agreement sets forth a time for any material act to be performed by the Grantee, such time shall be deemed to be of the essence, and any failure of the Grantee to perform within the allotted time may be considered, and is sufficient grounds for the Grantor to invoke any relevant penalty provision of this chapter or the franchise agreement. §945.35 DELEGATION OF AUTHORITY. (a) The Grantor shall be vested, to the extent permitted by law, with the power and right to regulate the exercise of the privileges permitted by this chapter and the franchise agreement in the public interest, or to delegate that power and right, or any part thereof, to any agent, Village officer or employee or created board, authority or commission; provided, however, that the creation of any such board, commission or