§ 11.14.190. Miscellaneous.

A.

Connections to cable system; use of antennae.

1.

Subscriber right to attach. To the extent consistent with federal law, subscribers shall have the right to attach VCR receivers, and other terminal equipment to a franchisee's cable system. Subscribers also shall have the right to use their own remote control devices and converters, and other similar equipment.

2.

Removal of existing antennae. A franchisee shall not, as a condition of providing service, require a subscriber or potential subscriber to remove any existing antenna, or disconnect an antenna except at the express direction of the subscriber or potential subscriber, or prohibit installation of a new antenna, provided that such antenna is connected with an appropriate device and complies with applicable law.

B.

Discrimination prohibited.

1.

No retaliatory actions. A cable communications system operator shall not discriminate among persons or the City or take any retaliatory action against a person or the City because of that entity's exercise of any right it may have under federal, state, or local law, nor may the operator require a person or the City to waive such rights as a condition of taking service.

2.

Employment and hiring practices. A cable communications system operator shall not refuse to employ, discharge from employment, or discriminate against any person in compensation or in terms, conditions, or privileges of employment because of race, color, creed, national origin, sex, sexual orientation, age, disability, religion, ethnic background or marital status. A cable communications system operator shall comply with all federal, state and local laws and regulations governing equal employment opportunities, and hiring practices, as the same may be amended from time to time.

C.

Transitional provisions.

1.

Persons operating without a franchise. The operator of any cable communications system facility installed as of the effective date of this chapter, for which a franchise is required under this chapter, shall have three months from the effective date of this chapter to file one or more applications for a franchise. Any operator timely filing such an application under this section 11.14.190 shall not be subject to a penalty for failure to have such a franchise so long as said application remains pending; provided, however, nothing herein shall relieve any cable communications system operator of any liability for its failure to obtain any permit or other authorization required under other provisions of the City Code, and nothing herein shall prevent the City from requiring removal of any facilities installed in violation of the City Code.

2.

Persons holding franchises. Any person holding an existing franchise for a cable communications system may continue to operate under its existing franchise to the conclusion of its present term (but not any renewal or extension thereof) with respect to those activities expressly authorized by the franchise; provided that, such person shall be subject to the other provisions of this chapter to the extent permitted by law.

3.

Persons with pending applications. Pending applications shall be subject to this chapter. A person with a pending application shall have 30 days from the effective date of this chapter to submit additional information to comply with the requirements of this chapter governing applications.

D.

Relation to Title 11 of the City Code.

1.

This chapter shall apply to cable communications systems and cable communications system operators in lieu of the following provisions of PAMC Title 11: §§ 11.14.010, 11.14.020, 11.14.080, 11.14.120, 11.14.140, 11.14.170, 11.14.180, and 11.14.190. Except as provided in the preceding sentence, PAMC Title 11 shall apply to all cable communications systems and cable communications system operators, and PAMC Title 11 shall apply fully, without these limitations, to the extent any cable communications system operator uses its system to provide any non-cable services.

(Ord. 3550 § 7, 2/16/2016)