BC 1978 10 05 - Laserfiche WebLink

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243 13.4 Right of Intervention: The franchisee shall not oppose intervention by the County in any suit or proceeding to which the franchisee is a party. 13.5 Right to Require Removal of Property: The County reserves the right not inconsistent with any other provision of this ordinance to require the franchisee to remove any of its property from publicly owned property at franchisee's own expense. 14. Rights Reserved to the Franchisee. 14.1. Franchisee's Right of Ap~e~: Franchisee shall have the right to appeal any provision, require- ment or ruling of the County Manager to the Board of Commissioners. 15. Rights of Individuals Protected. 15.1 Sale of Subscriber Lists Prohibited: Franchisee shall be prohibited from using or allowing the use of subscriber lists for any purpose unconnected with the provision of service over the system. 15.2 Monitoring: No monitoring of any terminal connected to the system shall take place without specific written authorization by the user of the terminal in question on each occasion. Provided, however, the franchisee may provide for systemwide, non- individually addressed "sweeps, or the franchisee's acquisition of information for purposes of verifying system integrity, controlling return path trans- missions, or billing for pay services. 15.3 Cable Tapping: It shall be unlawful to tape or monitor a system line without authorization from the parties whose communication might be overheard. Provided, however, the franchisee may provide for system-wide, non-individually addressed "sweeps," or the franchisee's acquisition of information for purposes of verifying system integrity, controlling return path transmissions, or billing for pay services. 15.4 Discriminatory or Preferential Practices Prohibited: The franchisee shall ndt, in its rates or charges, or in making available the services or facilities of its system, or in its rules or regulations, or in any other respect, make or grant preferences or advantages to any subscriber or potential sub- scriber to the system, or to any user or potential user of the system, and shall not subject any such persons to any prejudice or disadvantage. This pro- vision shall not be deemed to prohibit promotional campaigns to stimulate subscriptions to the system or other legitimate uses thereof; nor shall it be deemed to prohibit the establishment of a graduated scale of charges, and classified rate schedules to which any customer coming within such classification shall be entitled. 15.5 Open Access: The entire system of the franchisee shall be operated in a manner consistent with the principle of fairness and equal accessibility of its facilities, equipment, channels, studios, and other services to all citizens, businesses, public agencies, or other entities having a legitimate use for the system and no one shall be arbitrarily excluded from its use. Allocation of use of said facilities shall be made according to the rules or decisions of regulatory agencies affecting the same, and where such rules or decisions are not effective to resolve a dispute between conflicting users or potential users, the matter shall be submitted for resolution to the County Manage~, subject to appeal to the Board of Commissioners.