ORDINANCE NO.

406

AN ORDINANCE OF THE TOWNSHIP OF LOWER

MAKEFIELD, BUCKS COUNTY, PENNSYLVANIA
CREATING A NEW CHAPTER OF THE LOWER
MAKEFIELD TOWNSHIP CODE, CHAPTER 155:
PRIVACY PROTECTION ON CABLE BROADBAND
NETWORKS TO PROVIDE FOR THE PROTECTION OF
PERSONALLY IDENTIFIABLE INFORMATION ON
CABLE BROADBAND NETWORKS

WHEREAS, the enactment of customer service and consumer protections on cable broadband
networks are properly within the legislative powers of the Board of Supervisors of Lower
Makefield Township (Township Supervisors);

WHEREAS the Township Supervisors have determined that the sharing of personally
identifiable information such as web browsing, application usage, and the extent of viewing of
video programs with third parties can have negative, unforeseen consequences on residents and
residents should have the right to opt-out of third party information sharing to protect their
privacy and maintain the general welfare of residents of Lower Makefield Township;

NOW THEREFORE, in consideration of the foregoing be it ENACTED and ORDAINED by

Board of Supervisors of Lower Makefield Township, Bucks County, Pennsylvania, as follows:

I. Enact Chapter 155 entitled Privacy Protection on Cable Broadband Networks.

of the Lower Makefield Township Code of Ordinances with the following:

155-1 Definitions.

Unless otherwise herein expressly stated, the following terms shall have, for the
purpose of this chapter, the meanings hereby respectively indicated:

Affiliate" means any person or entity that is owned or controlled by, or under
common ownership or control with, a grantee, and provides any cable service or
other service.

Grantee means any person or entity that has a Franchise Agreement with
Lower Makefield Township for the provision of cable or broadband service.

Franchise Agreement means a contract between the Grantee and Lower

Makefield Township for the provision of cable or broadband service.

"Necessary" means required or indispensable.

"Personally identifiable information" means specific information about a

customer, including, but not limited to, a customer's (a) login information, (b)
 extent of viewing of video programming or other services, (c) shopping choices,
(d) interests and opinions, (e) energy uses, (f) medical information, (g) banking
data or information, (h) web browsing activities, (i) application usage activities or
(j) any other personal or private information. "Personally identifiable information"
does not mean aggregate information about customers that does not identify
particular persons.

155-2 Collection and use of personally identifiable information.

A. A grantee shall not use the cable system to collect, record, monitor, or
observe personally identifiable information without the prior written or
electronic notification of the customer unless, and only to the extent that,
such information is: (a) used to detect unauthorized reception of cable
communications, or (b) necessary to render a cable service or other service
provided by the grantee to the customer.
B. A grantee shall take such actions as are necessary to prevent any affiliate
from using the facilities of the grantee in any manner, including, but not
limited to, sending data or other signals through such facilities, to the
extent such use will permit an affiliate unauthorized access to personally
identifiable information on the computer or other equipment of a customer
(regardless of whether such equipment is owned or leased by the customer
or provided by a grantee) or on any of the facilities of the grantee that are
used in the provision of cable service.
C. A grantee shall take such actions as are reasonably necessary to prevent a
person or entity (other than affiliates) from using the facilities of the
grantee in any manner, including, but not limited to, sending data or other
signals through such facilities, to the extent such use will permit such
person or entity unauthorized access to personally identifiable information
on the computer or other equipment of a customer (regardless of whether
such equipment is owned or leased by the customer or provided by a
grantee) or on any of the facilities of the grantee that are used in the
provision of cable service.

155-3 Disclosure of personally identifiable information.

A. A grantee must allow customers the right to opt-out of the disclosure of

personally identifiable information in one of the following forms: a toll-
free number that the customer may call, a website option, or such other
equivalent methods as may be approved by the Township Manager. A
grantee shall not disclose personally identifiable information of customers
who have elected opt-out of disclosure, except as follows:

1) A grantee may disclose personally identifiable information only to

the extent that it is necessary to render, or conduct a legitimate
business activity related to, a cable service or other service
provided by the grantee to the customer; or
 2) To the extent required by federal law, a grantee may disclose
personally identifiable information pursuant to a subpoena or valid
court order authorizing such disclosure, or to a governmental
entity.

155-4 Privacy notice to customers.

A. A grantee shall annually mail or email a separate, written privacy

statement to customers consistent with 47 U.S.C. 551(a)(1) and shall
provide a customer a copy of such statement at the time the grantee enters
into an agreement with the customer to provide cable service or other
service. The written notice shall be in a clear and conspicuous format and
be printed in twelve-point type or larger.
B. In the statement required by this chapter, the grantee shall state
substantially the following regarding the disclosure of customer
information: As a customer, you may elect to protect the privacy of your
personally identifiable information by opting-out of information sharing.
If you elect to opt-out of information sharing, any disclosure of personally
identifiable information for purposes other than to the extent necessary to
render, or conduct a legitimate business activity related to, a cable service
or other service, is limited to disclosure pursuant to a subpoena or valid
court order authorizing such disclosure; or to a governmental entity, but
only to the extent required by applicable federal law.
C. Privacy reporting requirements. The grantee shall provide a semi-annual
report to the Township summarizing:

1) The type of personally identifiable information that was collected

or disclosed during the reporting period.
2) The categories of all entities to whom such personally identifiable
information was disclosed, including, but not limited to, cable
installation and maintenance contractors, database marketing
companies, direct mail vendors, telemarketing companies,
print/mail houses, promotional service companies, internet
advertisers, billing vendors, and account collection companies; and
3) Measures that have been taken, or could be taken, to prevent the
unauthorized access to personally identifiable information by a
person other than the customer or the grantee, including, among
other things, a description of the technology that is or could be
applied by the grantee to prohibit unauthorized access to
personally identifiable information by any means.
4) The number of customers and the number of customers who have
opted-out of information sharing.
 155-5 Violations and penalties; enforcement.

A. This chapter shall be enforced by the Township Manager and/or his/her

designee.

B. Any grantee and/or person which commits or suffers the violation of this
chapter shall, upon being found liable in a civil enforcement proceeding
before the District Judge commenced by the Township, pay a fine not to
exceed six hundred dollars ($600.00). A separate offense shall arise for
each day or portion thereof in which a violation is found to exist or for
each section of this chapter which is found to have been violated. In any
case where a penalty for a violation of a township ordinance has not been
timely paid and the grantee and/or person upon whom the penalty was
imposed is found to have been liable therefor in civil proceedings, the
violator shall be liable for the penalty imposed including additional daily
penalties for continuing violations, plus court costs and reasonable
attorney fees incurred by the Township in the enforcement proceedings.
In addition to or in lieu of a civil action before a District Judge, the
Township may enforce this chapter in an action in equity brought in the
Bucks County Court of Common Pleas.

II. Partial Repealer

All other provisions of the Townships Code of Ordinances, as amended, shall remain in full
force and effect. All other Ordinances or provisions of the Ordinance inconsistent herewith or in
conflict with any of the terms hereof are, to the extent of said inconsistencies or conflicts, are
hereby specifically repealed.

III. Severability

The provisions of this Ordinance are severable. If any section, clause, sentence part or
provision thereof shall be held illegal, invalid, or unconstitutional by a court of competent
jurisdiction, such decision of the court shall not affect or impair any of the remaining sections,
clauses, sentences, parts or provisions of this Ordinance. It is hereby declared to be the intent of
the Township Supervisors that this Ordinance would have been adopted if such illegal, invalid or
unconstitutional section, clause, sentence or part of a provision had not been included herein.

IV. Effective Date

All provisions of this Ordinance shall be in full force and effect five (5) days after the
approval and adoption.

Ordained and Enacted this ______ day of ____________________, 2017

 BOARD OF SUPERVISORS
TOWNSHIP OF LOWER MAKEFIELD

By: ______________________________________

Kristin Tyler, Chairman

ATTEST:

____________________________

Terry Fedorchak, Township Manager