6.22.330 Preferential or Discriminatory Practices Prohibited.
(1) An MCS provider shall not, as to rules, regulations, rates, charges, provision of service, or use of a provider’s facilities and equipment:
(a) make, allow, or grant any undue preference or advantage to any person, nor
(b) subject any person to prejudice or disadvantage on the basis of age, race, creed, color, sex, national origin, handicap, religious affiliation or location of residence.
(2) Consistent with Section 621 (a) (3) of the CCPA (codified at 47 USC 541(a)(3), as amended), MCS providers classified as cable operators shall not deny cable service, or the extension of cable service, to any group of potential residential cable subscribers because of the income of the residents of the local area in which such group resides.
(3) Subsection (1) of this Section, however, does not prohibit
(a) an MCS provider from offering a promotional or incentive discount rate or charge as long as the rate or charge does not exceed ninety (90) days in length,
(b) an MCS provider from making agreements with multiple dwelling unit owners to provide cable service under a bulk-billing arrangement. However, the bulk-billing rates shall be published as provided by Section 6.22.295, Provo City Code.
(4) Subsection (1) of this Section, also does not prohibit an MCS provider from denying service based on location of residence, if that residence is outside the parameters for line extension as detailed in a franchise agreement (if applicable).
(5) Subsection (1) of this Section also does not prohibit an MCS provider from implementing a carefully designed no-frills service tier or service cluster for “lower income,” and/or fixed income individuals.