Section 4.70.400 Preferential or discriminatory practices prohibited.

1. Service to be Equally Available. The franchisee shall not, as to rates, charges, service, rules, regulations, or in any other respect make or grant any preference or advantage to any persons, nor subject any persons to any prejudice or disadvantage. This provision shall not be deemed to prohibit promotional campaigns to stimulate subscription to the network or other legitimate uses thereof; nor shall it be deemed to prohibit franchisee from establishing a separate schedule of rates for those subscribers who have access to a BTN not subject to regulation by the city; 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 the classification shall be entitled, provided such schedules have been filed with and approved by the city as provided in Section 4.70.360.

2. Fairness of Accessibility. The entire network of the franchisee shall be operated in a manner consistent with the principal 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 network; and no one shall be arbitrarily excluded from its use. Allocation of use of the facilities shall be made according to the rules or decisions of the franchisee and any regulatory agencies affecting the same. (Ord. 85/T-4067; S-35454, 1978)