HB 1199

CS

CHAMBER ACTION

1	The Finance & Tax Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to statewide cable television franchises;
7	providing a short title; amending s. 202.24, F.S.;
8	prohibiting counties and municipalities from negotiating
9	terms and conditions relating to cable services; deleting
10	authorization to negotiate; revising application to
11	existing ordinances or franchise agreements; amending s.
12	337.401, F.S.; deleting authorization for counties and
13	municipalities to award cable service franchises and a
14	restriction that cable service companies not operate
15	without such a franchise; amending s. 337.4061, F.S.;
16	revising definitions; creating ss. 610.102, 610.103,
17	610.104, 610.105, 610.106, 610.107, 610.108, 610.109,
18	610.110, 610.112, 610.113, 610.114, 610.115, and 610.116,
19	F.S.; designating the Department of State as the
20	authorizing authority; providing definitions; requiring
21	state authorization to provide cable services; providing
22	duties and responsibilities of the Department of State;
23	providing application procedures and requirements;
24	providing for issuing certificates of franchise authority;
25	providing eligibility requirements and criteria for a
26	certificate; authorizing the department to adopt rules;
27	providing for an application form; providing for fees;
28	prohibiting the department from imposing taxes, fees, or
29	charges on a cable service provider to issue a
30	certificate; prohibiting imposing buildout requirements on
31	a certificateholder; requiring certificateholders to make
32	cable service available at certain public buildings under
33	certain circumstances; imposing certain customer service
34	requirements on cable service providers; requiring the
35	Department of Agriculture and Consumer Services to receive
36	customer service complaints; requiring provision of
37	public, educational, and governmental access channels or
38	capacity equivalent; providing criteria, requirements, and
39	procedures; providing exceptions; providing
40	responsibilities of municipalities and counties relating
41	to such channels; providing for enforcement; requiring
42	certificateholders to pay a portion of certain monthly
43	revenues to municipalities or counties for a certain
44	period of time; providing for continuing such payments
45	pursuant to local government approval; authorizing
46	continued payments to be itemized; providing criteria for
47	such payments; providing requirements for and limitations
48	on counties and municipalities relating to access to
49	public right-of-way; prohibiting counties and
50	municipalities from imposing additional requirements on
51	certificateholders; authorizing counties and
52	municipalities to require permits of certificateholders
53	relating to public right-of-way; providing permit criteria
54	and requirements; prohibiting discrimination between cable
55	service subscribers; providing for enforcement; providing
56	for determinations of violations; providing for
57	enforcement of compliance by certificateholders; requiring
58	the Office of Program Policy Analysis and Government
59	Accountability to report to the Legislature on the status
60	of competition in the cable service industry; providing
61	report requirements; providing severability; repealing s.
62	166.046, F.S., relating to definitions and minimum
63	standards for cable television franchises imposed upon
64	counties and municipalities; amending ss. 350.81 and
65	364.0361, F.S.; removing cross-references to conform;
66	providing an effective date.
67
68	Be It Enacted by the Legislature of the State of Florida:
69
70	Section 1.  This act may be cited as the "Consumer Choice
71	Act of 2006."
72	Section 2.  Paragraphs (a) and (c) of subsection (2) of
73	section 202.24, Florida Statutes, are amended to read:
74	202.24  Limitations on local taxes and fees imposed on
75	dealers of communications services.--
76	(2)(a)  Except as provided in paragraph (c), each public
77	body is prohibited from:
78	1.  Levying on or collecting from dealers or purchasers of
79	communications services any tax, charge, fee, or other
80	imposition on or with respect to the provision or purchase of
81	communications services.
82	2.  Requiring any dealer of communications services to
83	enter into or extend the term of a franchise or other agreement
84	that requires the payment of a tax, charge, fee, or other
85	imposition.
86	3.  Adopting or enforcing any provision of any ordinance or
87	agreement to the extent that such provision obligates a dealer
88	of communications services to charge, collect, or pay to the
89	public body a tax, charge, fee, or other imposition.
90
91	Municipalities and counties may not negotiate Each municipality
92	and county retains authority to negotiate all terms and
93	conditions of a cable service franchise allowed by federal and
94	state law except those terms and conditions related to franchise
95	fees or and the definition of gross revenues or other
96	definitions or methodologies related to the payment or
97	assessment of franchise fees on providers of cable services.
98	(c)  This subsection does not apply to:
99	1.  Local communications services taxes levied under this
100	chapter.
101	2.  Ad valorem taxes levied pursuant to chapter 200.
102	3.  Occupational license taxes levied under chapter 205.
103	4.  "911" service charges levied under chapter 365.
104	5.  Amounts charged for the rental or other use of property
105	owned by a public body which is not in the public rights-of-way
106	to a dealer of communications services for any purpose,
107	including, but not limited to, the placement or attachment of
108	equipment used in the provision of communications services.
109	6.  Permit fees of general applicability which are not
110	related to placing or maintaining facilities in or on public
111	roads or rights-of-way.
112	7.  Permit fees related to placing or maintaining
113	facilities in or on public roads or rights-of-way pursuant to s.
114	337.401.
115	8.  Any in-kind requirements, institutional networks, or
116	contributions for, or in support of, the use or construction of
117	public, educational, or governmental access facilities allowed
118	under federal law and imposed on providers of cable service
119	pursuant to any existing ordinance or an existing franchise
120	agreement granted by each municipality or county, under which
121	ordinance or franchise agreement service is provided prior to
122	July 1, 2006. Nothing in this subparagraph shall prohibit the
123	ability of providers of cable service to recover such expenses
124	as allowed under federal law.
125	9.  Special assessments and impact fees.
126	10.  Pole attachment fees that are charged by a local
127	government for attachments to utility poles owned by the local
128	government.
129	11.  Utility service fees or other similar user fees for
130	utility services.
131	12.  Any other generally applicable tax, fee, charge, or
132	imposition authorized by general law on July 1, 2000, which is
133	not specifically prohibited by this subsection or included as a
134	replaced revenue source in s. 202.20.
135	Section 3.  Paragraphs (a), (e), and (f) of subsection (3)
136	of section 337.401, Florida Statutes, are amended to read:
137	337.401  Use of right-of-way for utilities subject to
138	regulation; permit; fees.--
139	(3)(a)1.  Because of the unique circumstances applicable to
140	providers of communications services, including, but not limited
141	to, the circumstances described in paragraph (e) and the fact
142	that federal and state law require the nondiscriminatory
143	treatment of providers of telecommunications services, and
144	because of the desire to promote competition among providers of
145	communications services, it is the intent of the Legislature
146	that municipalities and counties treat providers of
147	communications services in a nondiscriminatory and competitively
148	neutral manner when imposing rules or regulations governing the
149	placement or maintenance of communications facilities in the
150	public roads or rights-of-way. Rules or regulations imposed by a
151	municipality or county relating to providers of communications
152	services placing or maintaining communications facilities in its
153	roads or rights-of-way must be generally applicable to all
154	providers of communications services and, notwithstanding any
155	other law, may not require a provider of communications
156	services, except as otherwise provided in subparagraph 2., to
157	apply for or enter into an individual license, franchise, or
158	other agreement with the municipality or county as a condition
159	of placing or maintaining communications facilities in its roads
160	or rights-of-way. In addition to other reasonable rules or
161	regulations that a municipality or county may adopt relating to
162	the placement or maintenance of communications facilities in its
163	roads or rights-of-way under this subsection, a municipality or
164	county may require a provider of communications services that
165	places or seeks to place facilities in its roads or rights-of-
166	way to register with the municipality or county and to provide
167	the name of the registrant; the name, address, and telephone
168	number of a contact person for the registrant; the number of the
169	registrant's current certificate of authorization issued by the
170	Florida Public Service Commission, or the Federal Communications
171	Commission, or the Florida Department of State; and proof of
172	insurance or self-insuring status adequate to defend and cover
173	claims.
174	2.  Notwithstanding the provisions of subparagraph 1., a
175	municipality or county may, as provided by 47 U.S.C. s. 541,
176	award one or more franchises within its jurisdiction for the
177	provision of cable service, and a provider of cable service
178	shall not provide cable service without such franchise. Each
179	municipality and county retains authority to negotiate all terms
180	and conditions of a cable service franchise allowed by federal
181	law and s. 166.046, except those terms and conditions related to
182	franchise fees and the definition of gross revenues or other
183	definitions or methodologies related to the payment or
184	assessment of franchise fees and permit fees as provided in
185	paragraph (c) on providers of cable services. A municipality or
186	county may exercise its right to require from providers of cable
187	service in-kind requirements, including, but not limited to,
188	institutional networks, and contributions for, or in support of,
189	the use or construction of public, educational, or governmental
190	access facilities to the extent permitted by federal law. A
191	provider of cable service may exercise its right to recover any
192	such expenses associated with such in-kind requirements, to the
193	extent permitted by federal law.
194	(e)  The authority of municipalities and counties to
195	require franchise fees from providers of communications
196	services, with respect to the provision of communications
197	services, is specifically preempted by the state, except as
198	otherwise provided in subparagraph (a)2., because of unique
199	circumstances applicable to providers of communications services
200	when compared to other utilities occupying municipal or county
201	roads or rights-of-way. Providers of communications services may
202	provide similar services in a manner that requires the placement
203	of facilities in municipal or county roads or rights-of-way or
204	in a manner that does not require the placement of facilities in
205	such roads or rights-of-way. Although similar communications
206	services may be provided by different means, the state desires
207	to treat providers of communications services in a
208	nondiscriminatory manner and to have the taxes, franchise fees,
209	and other fees paid by providers of communications services be
210	competitively neutral. Municipalities and counties retain all
211	existing authority, if any, to collect franchise fees from users
212	or occupants of municipal or county roads or rights-of-way other
213	than providers of communications services, and the provisions of
214	this subsection shall have no effect upon this authority. The
215	provisions of this subsection do not restrict the authority, if
216	any, of municipalities or counties or other governmental
217	entities to receive reasonable rental fees based on fair market
218	value for the use of public lands and buildings on property
219	outside the public roads or rights-of-way for the placement of
220	communications antennas and towers.
221	(f)  Except as expressly allowed or authorized by general
222	law and except for the rights-of-way permit fees subject to
223	paragraph (c), a municipality or county may not levy on a
224	provider of communications services a tax, fee, or other charge
225	or imposition for operating as a provider of communications
226	services within the jurisdiction of the municipality or county
227	which is in any way related to using its roads or rights-of-way.
228	A municipality or county may not require or solicit in-kind
229	compensation, except as otherwise provided in s. 202.24(2)(c)8.
230	or s. 610.109 subparagraph (a)2. Nothing in this paragraph shall
231	impair any ordinance or agreement in effect on May 22, 1998, or
232	any voluntary agreement entered into subsequent to that date,
233	which provides for or allows in-kind compensation by a
234	telecommunications company.
235	Section 4.  Section 337.4061, Florida Statutes, is amended
236	to read:
237	337.4061  Definitions; unlawful use of state-maintained
238	road right-of-way by nonfranchised cable television services.--
239	(1)  As used in this section, the term:
240	(a)  "Cable service" means:
241	1.  The one-way transmission to subscribers of video
242	programming or any other programming service; and
243	2.  Subscriber interaction, if any, which is required for
244	the selection of such video programming or other programming
245	service.
246	(b)  "Cable system" means a facility, consisting of a set
247	of closed transmission paths and associated signal generation,
248	reception, and control equipment that is designed to provide
249	cable service which includes video programming and which is
250	provided to multiple subscribers within a community, but such
251	term does not include:
252	1.  A facility that serves only to retransmit the
253	television signals of one or more television broadcast stations;
254	2.  A facility that serves only subscribers in one or more
255	multiple-unit dwellings under common ownership, control, or
256	management, unless such facility or facilities use any public
257	right-of-way;
258	3.  A facility that serves subscribers without using any
259	public right-of-way;
260	4.3.  A facility of a common carrier that is subject, in
261	whole or in part, to the provisions of 47 U.S.C. s. 201 et seq.,
262	except the specific bandwidths or wavelengths used by that such
263	facility shall be considered a cable system only to the extent
264	such bandwidths or wavelengths are facility is used in the
265	transmission of video programming directly to subscribers,
266	unless the extent of such use is solely to provide interactive
267	on-demand services, in which case the use of such bandwidths or
268	wavelengths is not a cable system; or
269	5.4.  Any facilities of any electric utility used solely
270	for operating its electric utility systems.
271	(c)  "Franchise" means an initial authorization or renewal
272	thereof issued by a franchising authority, whether such
273	authorization is designated as a franchise, permit, license,
274	resolution, contract, certificate, agreement, or otherwise,
275	which authorizes the construction or operation of a cable
276	system.
277	(d)  "Franchising authority" means any governmental entity
278	empowered by federal, state, or local law to grant a franchise.
279	(e)  "Person" means an individual, partnership,
280	association, joint stock company, trust, corporation, or
281	governmental entity.
282	(f)  "Video programming" means programming provided by or
283	generally considered comparable to programming provided by a
284	television broadcast station or cable system.
285	(2)  It is unlawful to use the right-of-way of any state-
286	maintained road, including appendages thereto, and also
287	including, but not limited to, rest areas, wayside parks, boat-
288	launching ramps, weigh stations, and scenic easements, to
289	provide for cable service over a cable system purposes within a
290	geographic area subject to a valid existing franchise for cable
291	service, unless the cable system using such right-of-way holds a
292	franchise from a franchise authority the municipality or county
293	for the area in which the right-of-way is located.
294	(3)  A violation of this section shall be deemed a
295	violation of s. 337.406.
296	Section 5.  Sections 610.102, 610.103, 610.104, 610.105,
297	610.106, 610.107, 610.108, 610.109, 610.110, 610.112, 610.113,
298	610.114, 610.115, and 610.116, Florida Statutes, are created to
299	read:
300	610.102  Department of State authority to issue statewide
301	cable franchise.--The department shall be designated as the
302	franchising authority, pursuant to 47 U.S.C. s. 522(10), for a
303	state-issued franchise for the provision of cable service. A
304	municipality or county may not grant a new franchise for the
305	provision of cable service within its jurisdiction.
306	610.103  Definitions.--As used in ss. 610.102-610.114:
307	(1)  "Cable service" means:
308	(a)  The one-way transmission to subscribers of video
309	programming or any other programming service.
310	(b)  Subscriber interaction, if any, that is required for
311	the selection of such video programming or other programming
312	service.
313	(2)  "Cable system" means a facility consisting of a set of
314	closed transmission paths and associated signal generation,
315	reception, and control equipment that is designed to provide
316	cable service that includes video programming and that is
317	provided to multiple subscribers within a community, but such
318	term does not include:
319	(a)  A facility that serves only to retransmit the
320	television signals of one or more television broadcast stations;
321	(b)  A facility that serves only subscribers in one or more
322	multiple-unit dwellings under common ownership, control, or
323	management, unless such facility or facilities use any public
324	right-of-way;
325	(c)  A facility that serves subscribers without using any
326	public right-of-way;
327	(d)  A facility of a common carrier that is subject, in
328	whole or in part, to the provisions of 47 U.S.C. s. 201 et seq.,
329	except the specific bandwidths or wavelengths over such facility
330	shall be considered a cable system only to the extent such
331	bandwidths or wavelengths are used in the transmission of video
332	programming directly to subscribers, unless the extent of such
333	use is solely to provide interactive on-demand services, in
334	which case it is not a cable system; or
335	(e)  Any facilities of any electric utility used solely for
336	operating its electric utility systems.
337	(3)  "Cable service provider" means a person that provides
338	cable service over a cable system.
339	(4)  "Certificateholder" means a cable service provider
340	that has been issued and holds a certificate of franchise
341	authority from the department.
342	(5)  "Department" means the Department of State.
343	(6)  "Franchise" means an initial authorization or renewal
344	of an authorization, regardless of whether the authorization is
345	designated as a franchise, permit, license, resolution,
346	contract, certificate, agreement, or otherwise, to construct and
347	operate a cable system in the public right-of-way.
348	(7)  "Franchise authority" means any governmental entity
349	empowered by federal, state, or local law to grant a franchise.
350	(8)  "Incumbent cable service provider" means the cable
351	service provider serving the largest number of cable subscribers
352	in a particular municipal or county franchise area on July 1,
353	2006.
354	(9)  "Public right-of-way" means the area on, below, or
355	above a public roadway, highway, street, sidewalk, alley, or
356	waterway, including, without limitation, a municipal, county,
357	state, district, or other public roadway, highway, street,
358	sidewalk, alley, or waterway.
359	(10)  "Video programming" means programming provided by, or
360	generally considered comparable to programming provided by, a
361	television broadcast station as set forth in 47 U.S.C. s.
362	522(20).
363	610.104  State authorization to provide cable service.--
364	(1)  An entity or person seeking to provide cable service
365	over a cable system in this state after July 1, 2006, shall file
366	an application for a state-issued certificate of franchise
367	authority with the department as required by this section. An
368	entity providing cable service under an unexpired franchise
369	agreement with a municipality or county as of July 1, 2006, is
370	not subject to this subsection with respect to such municipality
371	or county until the franchise agreement expires, except as
372	provided by subsection (2) and s. 610.105(4). An entity
373	providing cable service may seek authorization from the
374	department to provide service in areas where the entity
375	currently does not have an existing franchise agreement as of
376	July 1, 2006.
377	(2)  Beginning 90 days after July 1, 2006, a cable service
378	provider that is not an incumbent cable service provider and
379	provides cable service to less than 40 percent of the total
380	cable service subscribers in a particular franchise area may
381	elect to terminate an existing municipal or county franchise and
382	seek a state-issued certificate of franchise authority by
383	providing written notice to the Secretary of State and the
384	affected municipality or county not later than 180 days after
385	July 1, 2006. The municipal or county franchise is terminated on
386	the date the department issues the state-issued certificate of
387	franchise authority.
388	(3)  Before the 10th business day after an applicant
389	submits the affidavit, the department shall notify the applicant
390	for a state-issued certificate of franchise authority whether
391	the applicant's affidavit described by subsection (4) is
392	complete. If the department denies the application, the
393	department must specify with particularity the reasons for the
394	denial and permit the applicant to amend the application to cure
395	any deficiency. The department shall act upon such amended
396	application within 5 business days.
397	(4)  The department shall issue a certificate of franchise
398	authority to offer cable service before the 15th business day
399	after receipt of a completed affidavit submitted by an applicant
400	and signed by an officer or general partner of the applicant
401	affirming:
402	(a)  That the applicant has filed or will timely file with
403	the Federal Communications Commission all forms required by that
404	agency in advance of offering cable service in this state.
405	(b)  That the applicant agrees to comply with all
406	applicable federal and state laws and regulations, to the extent
407	that such state laws and rules are not in conflict with or
408	superseded by the provisions of this chapter or other applicable
409	state law.
410	(c)  That the applicant agrees to comply with all lawful
411	state laws and rules and municipal and county ordinances and
412	regulations regarding the placement and maintenance of
413	communications facilities in the public right-of-way that are
414	generally applicable to providers of communications services in
415	accordance with s. 337.401.
416	(d)  A description of the service area for which the
417	applicant seeks certificate of franchise authority, which need
418	not be coextensive with municipal, county, or other political
419	boundaries.
420	(e)  The location of the applicant's principal place of
421	business and the names of the applicant's principal executive
422	officers.
423	(5)  If the department fails to act on the application
424	within 30 business days after receiving the application, the
425	application shall be denied. Prior to the expiration of the 30-
426	day period, the applicant may request an automatic 30-day
427	extension or may proceed to the remedies set forth in subsection
428	(10).
429	(6)  The certificate of franchise authority issued by the
430	department shall contain:
431	(a)  A grant of authority to provide cable service over a
432	cable system as requested in the application.
433	(b)  A grant of authority to construct, maintain, and
434	operate facilities through, upon, over, and under any public
435	right-of-way or waters.
436	(c)  A statement that the grant of authority is subject to
437	lawful operation of the cable system to provide cable service by
438	the applicant or its successor in interest.
439	(7)  A certificateholder that seeks to include additional
440	service areas in its current certificate shall file notice with
441	the department that reflects the new service area or areas to be
442	served.
443	(8)  The certificate of franchise authority issued by the
444	department is fully transferable to any successor in interest to
445	the applicant to which the certificate is initially granted. A
446	notice of transfer shall be filed with the department and the
447	relevant municipality or county within 14 business days
448	following the completion of such transfer.
449	(9)  The certificate of franchise authority issued by the
450	department may be terminated by the cable service provider by
451	submitting notice to the department.
452	(10)  An applicant may challenge a denial of an application
453	by the department in a court of competent jurisdiction through a
454	petition for mandamus.
455	(11)  The department shall adopt any procedural rules
456	pursuant to ss. 120.536(1) and 120.54 necessary to implement
457	this section.
458	(12)  The department may establish a standard application
459	form, in which case the application shall be on such form and
460	must be accompanied by a fee established by the department, not
461	to exceed $10,000. In addition to the application fee, each
462	certificateholder shall pay an annual fee established by the
463	department and based on the number of the certificateholder's
464	subscribers, not to exceed $10,000. The fees shall be based on
465	the costs incurred by the department in performing its duties
466	under the provisions of ss. 610.102-610.115.
467	610.105  Eligibility for state-issued franchise.--
468	(1)  Except as provided in s. 610.104(1) and (2) and
469	subsection (4), a cable service provider that has an existing,
470	unexpired franchise to provide cable service with respect to a
471	municipality or county as of July 1, 2006, is not eligible to
472	seek a state-issued certificate of franchise authority under
473	this chapter as to that municipality or county until the
474	expiration date of the existing franchise agreement.
475	(2)  For purposes of this section, a cable service provider
476	will be deemed to have or have had a franchise to provide cable
477	service in a specific municipality or county if any affiliate or
478	successor entity of the cable service provider has or had a
479	franchise agreement granted by that specific municipality or
480	county.
481	(3)  The term "affiliate or successor entity" in this
482	section refers to an entity receiving, obtaining, or operating
483	under a franchise that directly or indirectly owns or controls,
484	is owned or controlled by, or is under common ownership or
485	control with the cable service provider.
486	(4)  Notwithstanding subsection (1), a cable service
487	provider may elect to terminate an existing municipal or county
488	franchise and seek a state-issued certificate of franchise
489	authority with respect to such municipality or county if another
490	cable service provider is granted a state-issued certificate of
491	franchise authority located in whole or in part within the
492	service area covered by the existing municipal or county
493	franchise. The cable service provider may terminate its existing
494	franchise under this subsection by providing written notice to
495	the Secretary of State and the affected municipality or county
496	within 180 days following the issuance of the state-issued
497	certificate of franchise authority to the nonincumbent cable
498	service provider. The municipal or county franchise is
499	terminated on the date the department issues the state-issued
500	certificate of franchise authority with respect to such
501	municipality or county to the cable service provider.
502	610.106  Franchise fee prohibited.--The department may not
503	impose any taxes, fees, charges, or other impositions on a cable
504	service provider as a condition for the issuance of a state-
505	issued certificate of franchise authority. No municipality or
506	county may impose any taxes, fees, charges, or other exactions
507	on certificateholders in connection with use of public right-of-
508	way as a condition of a certificateholder doing business in the
509	municipality or county, or otherwise, except such taxes, fees,
510	charges, or other exactions permitted by chapter 202 and s.
511	337.401(6).
512	610.107  Buildout.--No franchising authority, state agency,
513	or political subdivision may impose any buildout requirements on
514	a certificateholder. However, each certificateholder, if
515	requested pursuant to a bona fide order for cable service, shall
516	make cable service available at each building used for municipal
517	or county purposes, including, but not limited to, emergency
518	operations centers, fire stations, and public schools, within
519	the area described in its application under s. 610.104(4)(d)
520	within 5 years after the date of the issuance of its certificate
521	by the department using the technology of its choice.
522	610.108  Customer service standards.--
523	(1)  An incumbent cable service provider shall comply with
524	customer service requirements reasonably comparable to the
525	standards in 47 C.F.R. s. 76.309(c) until there are two or more
526	providers offering service, excluding direct-to-home satellite
527	service, in the relevant service area.
528	(2)  Beginning not later than July 1, 2009, for all
529	providers of cable service in municipalities and counties that,
530	as of January 1, 2006, have an office or department dedicated to
531	responding to cable service quality complaints, all such
532	complaints shall be handled by the Department of Agriculture and
533	Consumer Services. Until that time, cable service quality
534	complaints shall continue to be handled by the municipality or
535	county. This provision shall not be construed to permit the
536	municipality or county to impose customer service standards in
537	conflict with this section.
538	(3)  The Department of Agriculture and Consumer Services
539	shall receive service quality complaints from customers of a
540	certificateholder. The department shall address such complaints
541	in an expeditious manner by assisting in the resolution of such
542	complaint between the complainant and the certificateholder. The
543	department shall adopt any procedural rules pursuant to ss.
544	120.536(1) and 120.54 necessary to implement this section.
545	610.109  Public, educational, and governmental access
546	channels.--
547	(1)  A certificateholder, not later than 180 days following
548	a request by a municipality or county within whose jurisdiction
549	the certificateholder is providing cable service, shall
550	designate a sufficient amount of capacity on its network to
551	allow the provision of public, educational, and governmental
552	access channels for noncommercial programming as set forth in
553	this section.
554	(2)  A certificateholder shall designate a sufficient
555	amount of capacity on its network to allow the provision of a
556	comparable number of public, educational, and governmental
557	access channels or capacity equivalent that a municipality or
558	county has activated under the incumbent cable service
559	provider's franchise agreement as of July 1, 2006. For the
560	purposes of this section, a public, educational, or governmental
561	channel is deemed activated if the channel is being used for
562	public, educational, or governmental programming within the
563	municipality for at least 10 hours per day. Except as provided
564	in subsections (3)-(5), the certificateholder's obligations
565	under this subsection continue regardless of whether the
566	incumbent cable service provider, subsequent to July 1, 2006,
567	becomes a certificateholder pursuant to this chapter.
568	(3)  If a municipality or county did not have public,
569	educational, or governmental access channels activated under the
570	incumbent cable service provider's franchise agreement as of
571	July 1, 2006, not later than 180 days following a request by the
572	municipality or county within whose jurisdiction a
573	certificateholder is providing cable service, the cable service
574	provider shall furnish:
575	(a)  Up to three public, educational, or governmental
576	channels or capacity equivalent for a municipality or county
577	with a population of at least 50,000.
578	(b)  Up to two public, educational, or governmental
579	channels or capacity equivalent for a municipality or county
580	with a population of less than 50,000.
581	(4)  Any public, educational, or governmental channel
582	provided pursuant to this section that is not used by the
583	municipality or county for at least 10 hours a day shall no
584	longer be made available to the municipality or county but may
585	be programmed at the cable service provider's discretion. At
586	such time as the municipality or county can certify to the cable
587	service provider a schedule for at least 10 hours of daily
588	programming, the cable service provider shall restore the
589	previously lost channel but shall be under no obligation to
590	carry that channel on a basic or analog tier.
591	(5)  If a municipality or county has not used the number of
592	access channels or capacity equivalent permitted by subsection
593	(3), access to the additional channels or capacity equivalent
594	allowed in subsection (3) shall be provided upon 180 days'
595	written notice if the municipality or county meets the following
596	standard: if a municipality or county has one active public,
597	educational, or governmental channel and wishes to activate an
598	additional public, educational, or governmental channel, the
599	initial channel shall be considered to be substantially used
600	when 12 hours are programmed on that channel each calendar day.
601	In addition, at least 40 percent of the 12 hours of programming
602	for each business day on average over each calendar quarter must
603	be nonrepeat programming. Nonrepeat programming shall include
604	the first three videocastings of a program. If a municipality or
605	county is entitled to three public, educational, or governmental
606	channels under subsection (3) and has in service two active
607	public, educational, or governmental channels, each of the two
608	active channels shall be considered to be substantially used
609	when 12 hours are programmed on each channel each calendar day
610	and at least 50 percent of the 12 hours of programming for each
611	business day on average over each calendar quarter is nonrepeat
612	programming for three consecutive calendar quarters.
613	(6)  The operation of any public, educational, or
614	governmental access channel or capacity equivalent provided
615	under this section shall be the responsibility of the
616	municipality or county receiving the benefit of such channel or
617	capacity equivalent, and a certificateholder bears only the
618	responsibility for the transmission of such channel content. A
619	certificateholder shall be responsible for providing the
620	connectivity to each public, educational, or governmental access
621	channel distribution point up to the first 200 feet.
622	(7)  The municipality or county shall ensure that all
623	transmissions, content, or programming to be transmitted over a
624	channel or facility by a certificateholder are provided or
625	submitted to the cable service provider in a manner or form that
626	is capable of being accepted and transmitted by a provider
627	without any requirement for additional alteration or change in
628	the content by the provider, over the particular network of the
629	cable service provider, which is compatible with the technology
630	or protocol utilized by the cable service provider to deliver
631	services. The provision of public, educational, or governmental
632	content to the provider constitutes authorization for the
633	provider to carry such content, including, at the provider's
634	option, authorization to carry the content beyond the
635	jurisdictional boundaries of the municipality or county.
636	(8)  Where technically feasible, a certificateholder and an
637	incumbent cable service provider shall use reasonable efforts to
638	interconnect their cable systems for the purpose of providing
639	public, educational, and governmental programming.
640	Interconnection may be accomplished by direct cable, microwave
641	link, satellite, or other reasonable method of connection.
642	Certificateholders and incumbent cable service providers shall
643	negotiate in good faith and incumbent cable service providers
644	may not withhold interconnection of public, educational, and
645	governmental channels.
646	(9)  A certificateholder is not required to interconnect
647	for, or otherwise to transmit, public, educational, and
648	governmental content that is branded with the logo, name, or
649	other identifying marks of another cable service provider, and a
650	municipality or county may require a cable service provider to
651	remove its logo, name, or other identifying marks from public,
652	educational, and governmental content that is to be made
653	available to another provider.
654	(10)  A court of competent jurisdiction shall have
655	exclusive jurisdiction to enforce any requirement under this
656	section.
657	(11)  In support of the capital costs incurred by the
658	municipality or county in connection with the construction or
659	operation of public, educational, or governmental access
660	facilities and content provided by a municipality or county
661	pursuant to this section, the certificateholder shall pay to the
662	municipality or county 1 percent of the certificateholder's
663	monthly revenues from the retail sale of cable services provided
664	to customers located within the respective municipal or county
665	boundaries, based upon the certificateholder's books and
666	records, for a period of 2 years after the date the department
667	issues a certificate to the certificateholder. After the
668	expiration of the 2-year period, the certificateholder shall pay
669	and the municipality or county shall continue to receive up to 1
670	percent of such revenues in support of the capital costs
671	incurred by the municipality or county in connection with the
672	construction or operation of public, educational, or
673	governmental content provided by the municipality or county only
674	if the governing body of the municipality or county
675	affirmatively approves such continued payment. Upon such
676	affirmative vote of approval, the certificateholder may recover
677	from the customer its costs of the payment through a separately
678	stated charge on the customer's bill. All payments made pursuant
679	to this subsection shall be made in the same manner as, and
680	treated as part of, the certificateholder's payment of
681	communications services tax pursuant to s. 202.27, and all
682	definitions, exemptions, and administrative provisions of
683	chapter 202 shall apply to such payments.
684	610.110  Nondiscrimination by municipality or county.--
685	(1)  A municipality or county shall allow a
686	certificateholder to install, construct, and maintain a network
687	within a public right-of-way and shall provide a
688	certificateholder with open, comparable, nondiscriminatory, and
689	competitively neutral access to the public right-of-way in
690	accordance with the provisions of s. 337.401. All use of a
691	public right-of-way by a certificateholder is nonexclusive.
692	(2)  A municipality or county may not discriminate against
693	a certificateholder regarding:
694	(a)  The authorization or placement of a network in a
695	public right-of-way;
696	(b)  Access to a building or other property; or
697	(c)  Utility pole attachment terms.
698	(3)  Except as expressly provided in this section, nothing
699	in this chapter shall be construed to limit or abrogate a
700	municipality's or county's authority over the use of public
701	rights-of-way under its jurisdiction, as provided in s.
702	337.401(3)(a).
703	610.112  Limitation on local authority.--
704	(1)  A municipality or county may not impose additional
705	requirements on a certificateholder, including, but not limited
706	to, financial, operational, and administrative requirements,
707	except as expressly permitted by this chapter. A municipality or
708	county may not impose on activities of a certificateholder a
709	requirement:
710	(a)  That particular business offices be located in the
711	municipality or county;
712	(b)  Regarding the filing of reports and documents with the
713	municipality or county that are not required by state or federal
714	law and that are not related to the use of the public right-of-
715	way. Reports and documents other than schematics indicating the
716	location of facilities for a specific site that are provided in
717	the normal course of the municipality's or county's permitting
718	process, that are authorized by s. 337.401 for communications
719	services providers, or that are otherwise required in the normal
720	course of such permitting process shall not be considered
721	related to the use of the public right-of-way for communications
722	services providers. A municipality or county may not request
723	information concerning the capacity or technical configuration
724	of a certificateholder's facilities;
725	(c)  For the inspection of a certificateholder's business
726	records; or
727	(d)  For the approval of transfers of ownership or control
728	of a certificateholder's business, except a municipality or
729	county may require a certificateholder to provide notice of a
730	transfer within a reasonable time.
731	(2)  Notwithstanding any other provision of law, a
732	municipality or county may require the issuance of a permit in
733	accordance with and subject to s. 337.401 to a certificateholder
734	that is placing and maintaining facilities in or on a public
735	right-of-way in the municipality or county. In accordance with
736	s. 337.402, the permit may require the permitholder to be
737	responsible, at the permitholder's expense, for any damage
738	resulting from the issuance of such permit and for restoring the
739	public right-of-way to a substantially similar condition to that
740	of the public right-of-way before installation of such
741	facilities. The terms of the permit shall be consistent with
742	construction permits issued to other providers of communications
743	services placing or maintaining communications facilities in a
744	public right-of-way.
745	610.113  Discrimination prohibited.--
746	(1)  The purpose of this section is to prevent
747	discrimination among potential residential subscribers.
748	(2)  Pursuant to 47 U.S.C. s. 541(a)(3), a
749	certificateholder may not deny access to service to any group of
750	potential residential subscribers because of the income of the
751	residents in the local area in which such group resides.
752	(3)  An affected person may seek enforcement of the
753	requirements provided by subsection (2) by initiating a
754	proceeding with the Department of Agriculture and Consumer
755	Services pursuant to s. 570.544.
756	(4)  For purposes of determining whether a
757	certificateholder has violated subsection (2), cost, density,
758	distance, and technological or commercial limitations shall be
759	taken into account, and the certificateholder shall have a
760	reasonable time to deploy service pursuant to 47 U.S.C. s.
761	541(a)(4)(A). Use of an alternative technology that provides
762	comparable content, service, and functionality may not be
763	considered a violation of subsection (2). The inability to serve
764	an end user because a certificateholder is prohibited from
765	placing its own facilities in a building or property is not a
766	violation of subsection (2). This section may not be construed
767	to authorize any buildout requirements on a certificateholder.
768	(5)  The Department of Agriculture and Consumer Services
769	shall adopt any procedural rules pursuant to ss. 120.536(1) and
770	120.54 necessary to implement this section.
771	610.114  Compliance.--If a certificateholder is found by a
772	court of competent jurisdiction to not comply with the
773	requirements of this chapter, the certificateholder shall have a
774	reasonable period of time, as specified by the court, to cure
775	such noncompliance.
776	610.115  Reports to the Legislature.--The Office of Program
777	Policy Analysis and Governmental Accountability shall submit to
778	the President of the Senate, the Speaker of the House of
779	Representatives, and the majority and minority leaders of the
780	Senate and House of Representatives, on December 1, 2009, a
781	report on the status of competition in the cable service
782	industry, including, by each municipality and county, the number
783	of cable service providers, the number of cable subscribers
784	served, the number of areas served by fewer than two cable
785	service providers, the trend in cable prices, and the
786	identification of any patterns of service as they impact
787	demographic and income groups.
788	610.116  Severability.--If any provision of ss. 610.102-
789	610.102-610.115 or the application thereof to any person or
790	circumstance is held invalid, such invalidity shall not affect
791	other provisions or application of ss. 610.102-610.115 that can
792	be given effect without the invalid provision or application,
793	and to this end the provisions of ss. 610.102-610.115 are
794	severable.
795	Section 6.  Section 166.046, Florida Statutes, is repealed.
796	Section 7.  Paragraph (a) of subsection (3) of section
797	350.81, Florida Statutes, is amended to read:
798	350.81  Communications services offered by governmental
799	entities.--
800	(3)(a)  A governmental entity that provides a cable service
801	shall comply with the Cable Communications Policy Act of 1984,
802	47 U.S.C. ss. 521 et seq., the regulations issued by the Federal
803	Communications Commission under the Cable Communications Policy
804	Act of 1984, 47 U.S.C. ss. 521 et seq., and all applicable state
805	and federal rules and regulations, including, but not limited
806	to, s. 166.046 and those provisions of chapters 202, 212, and
807	337, and 610 which apply to a provider of the services.
808	Section 8.  Section 364.0361, Florida Statutes, is amended
809	to read:
810	364.0361  Local government authority; nondiscriminatory
811	exercise.--A local government shall treat each
812	telecommunications company in a nondiscriminatory manner when
813	exercising its authority to grant franchises to a
814	telecommunications company or to otherwise establish conditions
815	or compensation for the use of rights-of-way or other public
816	property by a telecommunications company. A local government may
817	not directly or indirectly regulate the terms and conditions,
818	including, but not limited to, the operating systems,
819	qualifications, services, service quality, service territory,
820	and prices, applicable to or in connection with the provision of
821	any voice-over-Internet protocol, regardless of the platform,
822	provider, or protocol, broadband or information service. This
823	section does not relieve a provider from any obligations under
824	s. 166.046 or s. 337.401.
825	Section 9.  This act shall take effect July 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.