Services

Sacramento City Code tit. 5, ch. 5.28, art. XV

in effect

Sacramento City Code § 5.28.2370 System ownership.

5.28.2370 System ownership. Legal and equitable title to the cable television system, including any and all facilities and equipment provided for public, educational and governmental access, and all channels of whatever kind or nature shall be vested in the licensee. The foregoing sentence shall not be construed to preclude the lease, without more, by a licensee of the right to use electro-magnetic spectrum space from a public entity which owns such a right. (Prior code § 20.15.1400)

Sacramento City Code § 5.28.2380 Leasing of equipment comprising system.

5.28.2380 Leasing of equipment comprising system. Notwithstanding the provisions of Section 5.28.2370 of this chapter, a licensee may lease any antennae, cables, wires, lines, towers, waveguides, or other conductors, converters, amplifiers, headend equipment, master controls, earth stations, equipment and facilities ("equipment"), and/or may lease the use of such equipment, comprising the cable television system from others, provided that the lease relationship meets all of the following requirements: A. The lease relationship shall be reflected fully in a written document ("lease") which shall be executed by lessor and lessee and a copy of which shall be filed with the commission at the inception of the lease; B. The lease shall expressly acknowledge that, so long as the leased equipment shall be utilized in connection with the cable television system, the lease, the equipment, and any payments by the lessee therefor, shall be subject to the provisions of this chapter; C. The lessor under the lease shall be an additional named insured on all of the insurance provided by the licensee pursuant to Section 5.28.2550 of this chapter; and D. The lease shall expressly reflect and acknowledge that the lessor, or with the prior written approval of the cable television commission the licensee, does assume and agree to be bound by the provisions of Section 5.28.2540 of this chapter with respect to the equipment; and E. The lessor under the lease shall expressly assume and agree to undertake the obligations and duties under Section 5.28.2350 of this chapter to the extent not otherwise discharged by the licensee as to equipment in the streets. (Prior code § 20.15.1401)

Sacramento City Code § 5.28.2390 Services.

5.28.2390 Services. Services provided by a licensee through its cable television system shall be offered uniformly upon nondiscriminatory terms to subscribers and users, and shall not differ based upon geographical location, income levels, racial or ethnic composition. (Prior code § 20.15.1402)

Sacramento City Code § 5.28.2400 Subscriber antennas.

5.28.2400 Subscriber antennas. No license shall remove or offer to remove any potential or existing subscriber antenna, or provide any inducement for removal as a condition respecting the provision of service. (Prior code § 20.15.1404)

Sacramento City Code § 5.28.2410 Anticompetitive practices.

5.28.2410 Anticompetitive practices. No license issued pursuant to the provisions of this chapter shall be deemed to expressly or impliedly authorize the licensee to utilize its cable television system to provide any service in such a manner as to unlawfully damage any business competitor or other third party or violate any statutes or regulations of the United States or state of California. Nor shall any licensee, by act or omission, engage in any anticompetitive practice in violation of any statutes of regulations of the United States or state of California. The provisions of this section shall be enforceable in courts of competent jurisdiction against a licensee by any party who alleges injury as a result of an alleged violation thereof. (Prior code § 20.15.1406)

Sacramento City Code § 5.28.2420 Discrimination in service prohibited.

5.28.2420 Discrimination in service prohibited. No license shall deny service, deny access or otherwise discriminate against subscribers, channel users or general citizens on the basis of age, ancestry, color, disability, genetic information, gender (including gender identity and gender expression), marital status, medical condition, national origin, race, religion, sex, or sexual orientation. (Ord. 2013-0038 § 8; prior code § 20.15.1410)

Sacramento City Code § 5.28.2430 Privacy.

5.28.2430 Privacy. Each licensee, and its officers, agents, employees, contractors and subcontractors, shall respect, refrain from invading, and take affirmative action to prevent violation of the privacy of subscribers served by the cable television system and others. A. Neither the licensee nor any other person, agency, or entity shall tap, or arrange for the tapping or monitoring of any cable, line, signal input device, or subscriber outlet or receiver for any purpose whatsoever, except that the licensee may conduct tests of the functioning of the system where necessary in order to ensure proper maintenance of the system and to collect performance data for agencies regulating the quality of signals, and the licensee may conduct systemwide or individually addressed "sweeps" for the sole purpose of verifying system integrity (including individual security system integrity), controlling return path transmissions, billing for pay services, or collecting aggregate date on viewing patterns by channel. "Tapping" shall mean observing a communications signal exchange where the observer is neither of the communicating parties, whether the exchange is observed by visual, aural or electronic means, for any purpose whatsoever. The provision of interactive service shall not be construed to be "tapping" or "monitoring" under this subsection. B. The license shall not place in any private residence or in any institution any equipment capable of two-way communications without the written consent of the subscriber, and shall not utilize the two-way communications capability of the system for subscriber surveillance of any kind without the written consent of the subscriber specifying how the data collected will be used and by whom. Tenants who occupy premises connected by the system shall be deemed to be subscribers within the meaning of this subsection regardless of who actually pays for the service. The written consents shall be, and shall show on their face that they are, revocable by the subscriber at any time by written communication mailed by the subscriber to the licensee. No penalty shall be invoked for a subscriber's failure to provide a written consent or for his or her revocation thereof, and all written consents shall so state on their face. The licensee shall not make such written consent a condition precedent to receipt by a subscriber of noninteractive service. The provisions of this subsection shall not be deemed to require consent as a condition precedent to systemwide or individually addressed "sweeps" for the sole purpose of verifying system integrity, controlling return-path transmissions, billing for pay services, or collecting aggregate data on viewing patterns by channel. C. No cable, line, wire, amplifier, converter, or other piece of equipment associated with cable television system services shall be attached to any residence or other property of a citizen (except within streets) without first securing the written permission of the owner or tenant of the property. If such permission is later lawfully revoked, whether by the original or subsequent owner or tenant, the licensee shall remove forthwith all of the equipment and promptly restore the property to its original condition. The licensee shall perform all installations in a workmanlike manner and shall be responsible for any damage to residences or other property caused by the installation. D. No licensee or officer, agent or employee thereof shall sell, or otherwise make available, lists of the names and addresses of its subscribers, or any list which identifies, by name or otherwise individual subscriber viewing habits, to any person, agency, or entity for any purpose whatsoever except that the licensee shall, upon request, provide lists of names and addresses of its subscribers to authorized representatives of the cable television commission when the board of directors of the commission deems such information necessary for performance of the regulatory functions of the commission. Names and addresses of subscribers within the possession of the commission shall not be subject to public inspection or review. E. A licensee may release the number of subscribers but only as a total number and as a percentage of the potential subscribers within the license area. When indicating the number of subscribers viewing a particular channel, a licensee shall indicate only the total number of subscribers viewing during the relevant time and, the percentage of all subscribers which they represent, but not the identity of any subscriber. F. No polls or other two-way responses of subscribers shall be conducted whether for commercial purposes, in connection with community use, or otherwise unless the program of which the poll is a part contains an explicit disclosure of the nature, purpose, and prospective use of the results of the poll. The license shall supervise and monitor all polls in which responses are received through the cable television system, and shall adopt and enforce measures which ensure that personally identifiable information concerning a subscriber, including his or her viewing habits and response or responses to the inquiry or inquiries, is not received by any third party, including the party sponsoring the poll. G. A licensee shall not tabulate any test results, nor permit the use of the system of such tabulation, which would reveal the commercial product preferences or opinions of individual subscribers, members of their families or their invitees, licensees or employees, without advance written authorization by the subscriber. (Prior code § 20.15.1412)

Sacramento City Code § 5.28.2440 Affirmative action.

5.28.2440 Affirmative action. No licensee shall discriminate in employment or selection of contractors or subcontractors on the basis of race, color, religion, national origin or sex (including marital status). Each licensee shall strictly comply with the equal employment opportunity regulations promulgated by the FCC, and all applicable federal and state statutes and regulations and ordinances of the county and cities. (Prior code § 20.15.1416)

Sacramento City Code § 5.28.2450 Commission powers.

5.28.2450 Commission powers. Except as otherwise expressly provided herein, the board of directors of the cable television commission shall be authorized to regulate all cable television operations and services provided by a licensee for the purpose of promoting and protecting the public convenience, health, safety and welfare. The board of directors of the commission may exercise regulatory powers conferred herein by the enactment, from time to time, of rules and regulations, after a public hearing by the board or an advisory committee appointed by the board, notice of which is given in the manner prescribed by Section 5.28.2090 of this chapter. The rule-making powers of the board of directors shall include, but not be limited to, the authority to interpret, clarify, make specific and apply the provisions of this chapter and to enact rules and regulations which impose specific duties or prohibitions for the purpose of implementing the duties, responsibilities and restrictions set forth in this ordinance or such duties, responsibilities and restrictions as may be authorized to be imposed by such future state or federal enactments as may, from time to time, occur. The foregoing shall include, but not be limited to, consumer protection regulations and, to the extent now or hereafter allowed by state and federal law, rate regulation. Each licensee shall comply with all such rules and regulations. (Prior code § 20.15.1418)

Source: City of Sacramento, Sacramento City Code (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/sacramentoca/latest/sacramento_ca/0-0-0-11541Fetched: 10/24/2026