HB 1199

CS

CHAMBER ACTION

1	The Commerce Council 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 and
22	competitive video programming services; providing
23	requirements and procedures; providing for fees; providing
24	duties and responsibilities of the Department of State;
25	providing application procedures and requirements;
26	providing for issuing certificates of franchise authority;
27	providing eligibility requirements and criteria for a
28	certificate; authorizing the department to adopt rules;
29	providing for an application form; providing for fees;
30	prohibiting the department from imposing taxes, fees, or
31	charges on a cable service provider to issue a
32	certificate; prohibiting imposing buildout requirements on
33	a certificateholder; requiring certificateholders to make
34	cable service available at certain public buildings under
35	certain circumstances; imposing certain customer service
36	requirements on cable service providers; requiring the
37	Department of Agriculture and Consumer Services to receive
38	customer service complaints; requiring provision of
39	public, educational, and governmental access channels or
40	capacity equivalent; providing criteria, requirements, and
41	procedures; providing exceptions; providing
42	responsibilities of municipalities and counties relating
43	to such channels; providing for enforcement; requiring
44	certificateholders to pay a portion of certain monthly
45	revenues to municipalities or counties for a certain
46	period of time; providing for continuing such payments
47	pursuant to local government approval; authorizing
48	continued payments to be itemized; providing criteria for
49	such payments; providing requirements for and limitations
50	on counties and municipalities relating to access to
51	public right-of-way; prohibiting counties and
52	municipalities from imposing additional requirements on
53	certificateholders; authorizing counties and
54	municipalities to require permits of certificateholders
55	relating to public right-of-way; providing permit criteria
56	and requirements; prohibiting discrimination between cable
57	service subscribers; providing for enforcement; providing
58	for determinations of violations; providing for
59	enforcement of compliance by certificateholders; requiring
60	the Office of Program Policy Analysis and Government
61	Accountability to report to the Legislature on the status
62	of competition in the cable service industry; providing
63	report requirements; providing severability; repealing s.
64	166.046, F.S., relating to definitions and minimum
65	standards for cable television franchises imposed upon
66	counties and municipalities; amending ss. 350.81 and
67	364.0361, F.S.; removing cross-references to conform;
68	providing an effective date.
69
70	Be It Enacted by the Legislature of the State of Florida:
71
72	Section 1.  This act may be cited as the "Consumer Choice
73	Act of 2006."
74	Section 2.  Paragraphs (a) and (c) of subsection (2) of
75	section 202.24, Florida Statutes, are amended to read:
76	202.24  Limitations on local taxes and fees imposed on
77	dealers of communications services.--
78	(2)(a)  Except as provided in paragraph (c), each public
79	body is prohibited from:
80	1.  Levying on or collecting from dealers or purchasers of
81	communications services any tax, charge, fee, or other
82	imposition on or with respect to the provision or purchase of
83	communications services.
84	2.  Requiring any dealer of communications services to
85	enter into or extend the term of a franchise or other agreement
86	that requires the payment of a tax, charge, fee, or other
87	imposition.
88	3.  Adopting or enforcing any provision of any ordinance or
89	agreement to the extent that such provision obligates a dealer
90	of communications services to charge, collect, or pay to the
91	public body a tax, charge, fee, or other imposition.
92
93	Municipalities and counties may not negotiate Each municipality
94	and county retains authority to negotiate all terms and
95	conditions of a cable service franchise allowed by federal and
96	state law except those terms and conditions related to franchise
97	fees or and the definition of gross revenues or other
98	definitions or methodologies related to the payment or
99	assessment of franchise fees on providers of cable services.
100	(c)  This subsection does not apply to:
101	1.  Local communications services taxes levied under this
102	chapter.
103	2.  Ad valorem taxes levied pursuant to chapter 200.
104	3.  Occupational license taxes levied under chapter 205.
105	4.  "911" service charges levied under chapter 365.
106	5.  Amounts charged for the rental or other use of property
107	owned by a public body which is not in the public rights-of-way
108	to a dealer of communications services for any purpose,
109	including, but not limited to, the placement or attachment of
110	equipment used in the provision of communications services.
111	6.  Permit fees of general applicability which are not
112	related to placing or maintaining facilities in or on public
113	roads or rights-of-way.
114	7.  Permit fees related to placing or maintaining
115	facilities in or on public roads or rights-of-way pursuant to s.
116	337.401.
117	8.  Any in-kind requirements, institutional networks, or
118	contributions for, or in support of, the use or construction of
119	public, educational, or governmental access facilities allowed
120	under federal law and imposed on providers of cable service
121	pursuant to any existing ordinance or an existing franchise
122	agreement granted by each municipality or county, under which
123	ordinance or franchise agreement service is provided prior to
124	July 1, 2006. Nothing in this subparagraph shall prohibit the
125	ability of providers of cable service to recover such expenses
126	as allowed under federal law.
127	9.  Special assessments and impact fees.
128	10.  Pole attachment fees that are charged by a local
129	government for attachments to utility poles owned by the local
130	government.
131	11.  Utility service fees or other similar user fees for
132	utility services.
133	12.  Any other generally applicable tax, fee, charge, or
134	imposition authorized by general law on July 1, 2000, which is
135	not specifically prohibited by this subsection or included as a
136	replaced revenue source in s. 202.20.
137	Section 3.  Paragraphs (a), (e), and (f) of subsection (3)
138	of section 337.401, Florida Statutes, are amended to read:
139	337.401  Use of right-of-way for utilities subject to
140	regulation; permit; fees.--
141	(3)(a)1.  Because of the unique circumstances applicable to
142	providers of communications services, including, but not limited
143	to, the circumstances described in paragraph (e) and the fact
144	that federal and state law require the nondiscriminatory
145	treatment of providers of telecommunications services, and
146	because of the desire to promote competition among providers of
147	communications services, it is the intent of the Legislature
148	that municipalities and counties treat providers of
149	communications services in a nondiscriminatory and competitively
150	neutral manner when imposing rules or regulations governing the
151	placement or maintenance of communications facilities in the
152	public roads or rights-of-way. Rules or regulations imposed by a
153	municipality or county relating to providers of communications
154	services placing or maintaining communications facilities in its
155	roads or rights-of-way must be generally applicable to all
156	providers of communications services and, notwithstanding any
157	other law, may not require a provider of communications
158	services, except as otherwise provided in subparagraph 2., to
159	apply for or enter into an individual license, franchise, or
160	other agreement with the municipality or county as a condition
161	of placing or maintaining communications facilities in its roads
162	or rights-of-way. In addition to other reasonable rules or
163	regulations that a municipality or county may adopt relating to
164	the placement or maintenance of communications facilities in its
165	roads or rights-of-way under this subsection, a municipality or
166	county may require a provider of communications services that
167	places or seeks to place facilities in its roads or rights-of-
168	way to register with the municipality or county and to provide
169	the name of the registrant; the name, address, and telephone
170	number of a contact person for the registrant; the number of the
171	registrant's current certificate of authorization issued by the
172	Florida Public Service Commission, or the Federal Communications
173	Commission, or the Florida Department of State; and proof of
174	insurance or self-insuring status adequate to defend and cover
175	claims.
176	2.  Notwithstanding the provisions of subparagraph 1., a
177	municipality or county may, as provided by 47 U.S.C. s. 541,
178	award one or more franchises within its jurisdiction for the
179	provision of cable service, and a provider of cable service
180	shall not provide cable service without such franchise. Each
181	municipality and county retains authority to negotiate all terms
182	and conditions of a cable service franchise allowed by federal
183	law and s. 166.046, except those terms and conditions related to
184	franchise fees and the definition of gross revenues or other
185	definitions or methodologies related to the payment or
186	assessment of franchise fees and permit fees as provided in
187	paragraph (c) on providers of cable services. A municipality or
188	county may exercise its right to require from providers of cable
189	service in-kind requirements, including, but not limited to,
190	institutional networks, and contributions for, or in support of,
191	the use or construction of public, educational, or governmental
192	access facilities to the extent permitted by federal law. A
193	provider of cable service may exercise its right to recover any
194	such expenses associated with such in-kind requirements, to the
195	extent permitted by federal law.
196	(e)  The authority of municipalities and counties to
197	require franchise fees from providers of communications
198	services, with respect to the provision of communications
199	services, is specifically preempted by the state, except as
200	otherwise provided in subparagraph (a)2., because of unique
201	circumstances applicable to providers of communications services
202	when compared to other utilities occupying municipal or county
203	roads or rights-of-way. Providers of communications services may
204	provide similar services in a manner that requires the placement
205	of facilities in municipal or county roads or rights-of-way or
206	in a manner that does not require the placement of facilities in
207	such roads or rights-of-way. Although similar communications
208	services may be provided by different means, the state desires
209	to treat providers of communications services in a
210	nondiscriminatory manner and to have the taxes, franchise fees,
211	and other fees paid by providers of communications services be
212	competitively neutral. Municipalities and counties retain all
213	existing authority, if any, to collect franchise fees from users
214	or occupants of municipal or county roads or rights-of-way other
215	than providers of communications services, and the provisions of
216	this subsection shall have no effect upon this authority. The
217	provisions of this subsection do not restrict the authority, if
218	any, of municipalities or counties or other governmental
219	entities to receive reasonable rental fees based on fair market
220	value for the use of public lands and buildings on property
221	outside the public roads or rights-of-way for the placement of
222	communications antennas and towers.
223	(f)  Except as expressly allowed or authorized by general
224	law and except for the rights-of-way permit fees subject to
225	paragraph (c), a municipality or county may not levy on a
226	provider of communications services a tax, fee, or other charge
227	or imposition for operating as a provider of communications
228	services within the jurisdiction of the municipality or county
229	which is in any way related to using its roads or rights-of-way.
230	A municipality or county may not require or solicit in-kind
231	compensation, except as otherwise provided in s. 202.24(2)(c)8.
232	or s. 610.109 subparagraph (a)2. Nothing in this paragraph shall
233	impair any ordinance or agreement in effect on May 22, 1998, or
234	any voluntary agreement entered into subsequent to that date,
235	which provides for or allows in-kind compensation by a
236	telecommunications company.
237	Section 4.  Section 337.4061, Florida Statutes, is amended
238	to read:
239	337.4061  Definitions; unlawful use of state-maintained
240	road right-of-way by nonfranchised cable television services.--
241	(1)  As used in this section, the term:
242	(a)  "Cable service" means:
243	1.  The one-way transmission to subscribers of video
244	programming or any other programming service; and
245	2.  Subscriber interaction, if any, which is required for
246	the selection of such video programming or other programming
247	service.
248	(b)  "Cable system" means a facility, consisting of a set
249	of closed transmission paths and associated signal generation,
250	reception, and control equipment that is designed to provide
251	cable service which includes video programming and which is
252	provided to multiple subscribers within a community, but such
253	term does not include:
254	1.  A facility that serves only to retransmit the
255	television signals of one or more television broadcast stations;
256	2.  A facility that serves only subscribers in one or more
257	multiple-unit dwellings under common ownership, control, or
258	management, unless such facility or facilities use any public
259	right-of-way;
260	3.  A facility that serves subscribers without using any
261	public right-of-way;
262	4.3.  A facility of a common carrier that is subject, in
263	whole or in part, to the provisions of 47 U.S.C. s. 201 et seq.,
264	except the specific bandwidths or wavelengths used by that such
265	facility shall be considered a cable system only to the extent
266	such bandwidths or wavelengths are facility is used in the
267	transmission of video programming directly to subscribers,
268	unless the extent of such use is solely to provide interactive
269	on-demand services, in which case the use of such bandwidths or
270	wavelengths is not a cable system; or
271	5.4.  Any facilities of any electric utility used solely
272	for operating its electric utility systems.
273	(c)  "Franchise" means an initial authorization or renewal
274	thereof issued by a franchising authority, whether such
275	authorization is designated as a franchise, permit, license,
276	resolution, contract, certificate, agreement, or otherwise,
277	which authorizes the construction or operation of a cable
278	system.
279	(d)  "Franchising authority" means any governmental entity
280	empowered by federal, state, or local law to grant a franchise.
281	(e)  "Person" means an individual, partnership,
282	association, joint stock company, trust, corporation, or
283	governmental entity.
284	(f)  "Video programming" means programming provided by or
285	generally considered comparable to programming provided by a
286	television broadcast station or cable system.
287	(2)  It is unlawful to use the right-of-way of any state-
288	maintained road, including appendages thereto, and also
289	including, but not limited to, rest areas, wayside parks, boat-
290	launching ramps, weigh stations, and scenic easements, to
291	provide for cable service over a cable system purposes within a
292	geographic area subject to a valid existing franchise for cable
293	service, unless the cable system using such right-of-way holds a
294	franchise from a franchise authority the municipality or county
295	for the area in which the right-of-way is located.
296	(3)  A violation of this section shall be deemed a
297	violation of s. 337.406.
298	Section 5.  Sections 610.102, 610.103, 610.104, 610.105,
299	610.106, 610.107, 610.108, 610.109, 610.110, 610.112, 610.113,
300	610.114, 610.115, and 610.116, Florida Statutes, are created to
301	read:
302	610.102  Department of State authority to issue statewide
303	cable franchise.--The department shall be designated as the
304	franchising authority, pursuant to 47 U.S.C. s. 522(10), for a
305	state-issued franchise for the provision of cable service. A
306	municipality or county may not grant a new franchise for the
307	provision of cable service within its jurisdiction.
308	610.103  Definitions.--As used in ss. 610.102-610.114:
309	(1)  "Cable service" means:
310	(a)  The one-way transmission to subscribers of video
311	programming or any other programming service.
312	(b)  Subscriber interaction, if any, that is required for
313	the selection of such video programming or other programming
314	service.
315	(2)  "Cable system" means a facility consisting of a set of
316	closed transmission paths and associated signal generation,
317	reception, and control equipment that is designed to provide
318	cable service that includes video programming and that is
319	provided to multiple subscribers within a community, but such
320	term does not include:
321	(a)  A facility that serves only to retransmit the
322	television signals of one or more television broadcast stations;
323	(b)  A facility that serves only subscribers in one or more
324	multiple-unit dwellings under common ownership, control, or
325	management, unless such facility or facilities use any public
326	right-of-way;
327	(c)  A facility that serves subscribers without using any
328	public right-of-way;
329	(d)  A facility of a common carrier that is subject, in
330	whole or in part, to the provisions of 47 U.S.C. s. 201 et seq.,
331	except the specific bandwidths or wavelengths over such facility
332	shall be considered a cable system only to the extent such
333	bandwidths or wavelengths are used in the transmission of video
334	programming directly to subscribers, unless the extent of such
335	use is solely to provide interactive on-demand services, in
336	which case it is not a cable system; or
337	(e)  Any facilities of any electric utility used solely for
338	operating its electric utility systems.
339	(3)  "Cable service provider" means a person that provides
340	cable service over a cable system.
341	(4)  "Certificateholder" means a cable service provider
342	that has been issued and holds a certificate of franchise
343	authority from the department.
344	(5)  "Department" means the Department of State.
345	(6)  "Franchise" means an initial authorization or renewal
346	of an authorization, regardless of whether the authorization is
347	designated as a franchise, permit, license, resolution,
348	contract, certificate, agreement, or otherwise, to construct and
349	operate a cable system in the public right-of-way.
350	(7)  "Franchise authority" means any governmental entity
351	empowered by federal, state, or local law to grant a franchise.
352	(8)  "Incumbent cable service provider" means the cable
353	service provider serving the largest number of cable subscribers
354	in a particular municipal or county franchise area on July 1,
355	2006.
356	(9)  "Public right-of-way" means the area on, below, or
357	above a public roadway, highway, street, sidewalk, alley, or
358	waterway, including, without limitation, a municipal, county,
359	state, district, or other public roadway, highway, street,
360	sidewalk, alley, or waterway.
361	(10)  "Video programming" means programming provided by, or
362	generally considered comparable to programming provided by, a
363	television broadcast station as set forth in 47 U.S.C. s.
364	522(20).
365	610.104  State authorization to provide cable service.--
366	(1)  An entity or person seeking to provide cable service
367	over a cable system in this state after July 1, 2006, shall file
368	an application for a state-issued certificate of franchise
369	authority with the department as required by this section. An
370	entity providing cable service under an unexpired franchise
371	agreement with a municipality or county as of July 1, 2006, is
372	not subject to this subsection with respect to such municipality
373	or county until the franchise agreement expires, except as
374	provided by subsection (2) and s. 610.105(4). An entity
375	providing cable service may seek authorization from the
376	department to provide service in areas where the entity
377	currently does not have an existing franchise agreement as of
378	July 1, 2006.
379	(2)  Beginning 90 days after July 1, 2006, a cable service
380	provider that is not an incumbent cable service provider and
381	provides cable service to less than 40 percent of the total
382	cable service subscribers in a particular franchise area may
383	elect to terminate an existing municipal or county franchise and
384	seek a state-issued certificate of franchise authority by
385	providing written notice to the Secretary of State and the
386	affected municipality or county not later than 180 days after
387	July 1, 2006. The municipal or county franchise is terminated on
388	the date the department issues the state-issued certificate of
389	franchise authority.
390	(3)  Before the 10th business day after an applicant
391	submits the affidavit, the department shall notify the applicant
392	for a state-issued certificate of franchise authority whether
393	the applicant's affidavit described by subsection (4) is
394	complete. If the department denies the application, the
395	department must specify with particularity the reasons for the
396	denial and permit the applicant to amend the application to cure
397	any deficiency. The department shall act upon such amended
398	application within 5 business days.
399	(4)  The department shall issue a certificate of franchise
400	authority to offer cable service before the 15th business day
401	after receipt of a completed affidavit submitted by an applicant
402	and signed by an officer or general partner of the applicant
403	affirming:
404	(a)  That the applicant has filed or will timely file with
405	the Federal Communications Commission all forms required by that
406	agency in advance of offering cable service in this state.
407	(b)  That the applicant agrees to comply with all
408	applicable federal and state laws and regulations, to the extent
409	that such state laws and rules are not in conflict with or
410	superseded by the provisions of this chapter or other applicable
411	state law.
412	(c)  That the applicant agrees to comply with all lawful
413	state laws and rules and municipal and county ordinances and
414	regulations regarding the placement and maintenance of
415	communications facilities in the public right-of-way that are
416	generally applicable to providers of communications services in
417	accordance with s. 337.401.
418	(d)  A description of the service area for which the
419	applicant seeks certificate of franchise authority, which need
420	not be coextensive with municipal, county, or other political
421	boundaries.
422	(e)  The location of the applicant's principal place of
423	business and the names of the applicant's principal executive
424	officers.
425	(f)  That the applicant is authorized to do business in the
426	state.
427	(g)  That the applicant has sufficient technical,
428	financial, and managerial capability to provide cable service
429	within the service area for which the applicant seeks a
430	certificate of franchise authority. At the time of the filing of
431	the affidavit, the applicant shall furnish its most recent
432	unqualified audited financial statement if a publicly available
433	audited financial report is not available.
434	(h)  That neither the applicant nor any of its current
435	principal executive officers are under indictment or have been
436	convicted of a felony in this state.
437	(5)  If the department fails to act on the application
438	within 30 business days after receiving the application, the
439	application shall be deemed approved.
440	(6)  The certificate of franchise authority issued by the
441	department shall contain:
442	(a)  A grant of authority to provide cable service over a
443	cable system as requested in the application.
444	(b)  A grant of authority to construct, maintain, and
445	operate facilities through, upon, over, and under any public
446	right-of-way or waters.
447	(c)  A statement that the grant of authority is subject to
448	lawful operation of the cable system to provide cable service by
449	the applicant or its successor in interest.
450	(7)  A certificateholder that seeks to include additional
451	service areas in its current certificate shall file notice with
452	the department that reflects the new service area or areas to be
453	served.
454	(8)  The certificate of franchise authority issued by the
455	department is fully transferable to any successor in interest to
456	the applicant to which the certificate is initially granted. A
457	notice of transfer shall be filed with the department and the
458	relevant municipality or county within 14 business days
459	following the completion of such transfer.
460	(9)  The certificate of franchise authority issued by the
461	department may be terminated by the cable service provider by
462	submitting notice to the department.
463	(10)  An applicant may challenge a denial of an application
464	by the department in a court of competent jurisdiction through a
465	petition for mandamus.
466	(11)  The department may revoke a certificate of franchise
467	authority in the event that a court of competent jurisdiction
468	finds, pursuant to s. 610.114, that a certificateholder is in
469	noncompliance with the requirements of this chapter after notice
470	and a reasonable time to cure.
471	(12)  The department may adopt any procedural rules
472	pursuant to ss. 120.536(1) and 120.54 necessary to implement
473	this section.
474	(13)  The department may establish a standard application
475	form, in which case the application shall be on such form and
476	must be accompanied by a fee established by the department, not
477	to exceed $10,000. The fees shall be based on the costs incurred
478	by the department in performing its duties under the provisions
479	of ss. 610.102-610.115.
480	(14)  Beginning 3 years after approval of the
481	certificateholder's initial certificate of franchise, and every
482	3 years thereafter, the certificateholder shall update the
483	information contained in the original application for a
484	certificate of franchise. At the time of the filing of the
485	information update, the certificateholder shall pay a processing
486	fee, not to exceed $1,000, for the costs incurred by the
487	department in the handling of the information update.
488	(15)  Beginning 10 years after approval of the
489	certificateholder's initial certificate of franchise and every
490	10 years thereafter, the certificateholder shall file a renewal
491	notice accompanied by an affidavit that contains the information
492	required by subsection (4). At the time of the filing of the
493	renewal notice, the certificateholder shall pay a fee, not to
494	exceed $10,000, established by the department. The fee shall be
495	based on the costs incurred by the department in performing its
496	duties under this subsection. Upon receipt of the notice of
497	renewal and payment of the fee, the certificate shall be deemed
498	automatically renewed unless the department files a notice of
499	deficiency within 30 days after receiving the notice of renewal.
500	The certificateholder shall have 30 days to cure any deficiency
501	in the notice of renewal.
502	(16)  In addition and subject to the requirements of ss.
503	610.102-610.114, a provider of competitive video programming
504	services shall apply for and obtain a state-issued certificate
505	of franchise authority under ss. 610.102-610.114, including all
506	rights and obligations associated therewith, before providing
507	such services in the state, notwithstanding that competitive
508	video programming service is not a cable service as defined in
509	s. 610.103. For purposes of ss. 610.102-610.114, the term
510	"competitive video programming services" means video programming
511	provided through wireline facilities located at least in part of
512	the public right-of-way without regard to delivery technology,
513	including Internet Protocol technology, provided that this
514	definition does not include any video programming provided by a
515	cable service operator, any video programming provided solely as
516	part of interactive on-demand services, any video programming
517	service provided by a commercial mobile service provider defined
518	in 47 U.S.C. s. 322(b), or any information service as defined by
519	federal law.
520	610.105  Eligibility for state-issued franchise.--
521	(1)  Except as provided in s. 610.104(1) and (2) and
522	subsection (4), a cable service provider that has an existing,
523	unexpired franchise to provide cable service with respect to a
524	municipality or county as of July 1, 2006, is not eligible to
525	seek a state-issued certificate of franchise authority under
526	this chapter as to that municipality or county until the
527	expiration date of the existing franchise agreement.
528	(2)  For purposes of this section, a cable service provider
529	will be deemed to have or have had a franchise to provide cable
530	service in a specific municipality or county if any affiliate or
531	successor entity of the cable service provider has or had a
532	franchise agreement granted by that specific municipality or
533	county.
534	(3)  The term "affiliate or successor entity" in this
535	section refers to an entity receiving, obtaining, or operating
536	under a franchise that directly or indirectly owns or controls,
537	is owned or controlled by, or is under common ownership or
538	control with the cable service provider.
539	(4)  Notwithstanding subsection (1), a cable service
540	provider may elect to terminate an existing municipal or county
541	franchise and seek a state-issued certificate of franchise
542	authority with respect to such municipality or county if another
543	cable service provider is granted a state-issued certificate of
544	franchise authority located in whole or in part within the
545	service area covered by the existing municipal or county
546	franchise. The cable service provider may terminate its existing
547	franchise under this subsection by providing written notice to
548	the Secretary of State and the affected municipality or county
549	within 180 days following the issuance of the state-issued
550	certificate of franchise authority to the nonincumbent cable
551	service provider. The municipal or county franchise is
552	terminated on the date the department issues the state-issued
553	certificate of franchise authority with respect to such
554	municipality or county to the cable service provider.
555	610.106  Franchise fee prohibited.--The department may not
556	impose any taxes, fees, charges, or other impositions on a cable
557	service provider as a condition for the issuance of a state-
558	issued certificate of franchise authority. No municipality or
559	county may impose any taxes, fees, charges, or other exactions
560	on certificateholders in connection with use of public right-of-
561	way as a condition of a certificateholder doing business in the
562	municipality or county, or otherwise, except such taxes, fees,
563	charges, or other exactions permitted by chapter 202 and s.
564	337.401(6).
565	610.107  Buildout.--No franchising authority, state agency,
566	or political subdivision may impose any buildout requirements on
567	a certificateholder. However, each certificateholder, if
568	requested pursuant to a bona fide order for cable service, shall
569	make cable service available at each building used for municipal
570	or county purposes, including, but not limited to, emergency
571	operations centers, fire stations, and public schools, within
572	the area described in its application under s. 610.104(4)(d)
573	within 5 years after the date of the issuance of its certificate
574	by the department using the technology of its choice.
575	610.108  Customer service standards.--
576	(1)  An incumbent cable service provider shall comply with
577	customer service requirements reasonably comparable to the
578	standards in 47 C.F.R. s. 76.309(c) until there are two or more
579	providers offering service, excluding direct-to-home satellite
580	service, in the relevant service area.
581	(2)  Beginning not later than July 1, 2009, for all
582	providers of cable service in municipalities and counties that,
583	as of January 1, 2006, have an office or department dedicated to
584	responding to cable service quality complaints, all such
585	complaints shall be handled by the Department of Agriculture and
586	Consumer Services. Until that time, cable service quality
587	complaints shall continue to be handled by the municipality or
588	county. This provision shall not be construed to permit the
589	municipality or county to impose customer service standards in
590	conflict with this section.
591	(3)  The Department of Agriculture and Consumer Services
592	shall receive service quality complaints from customers of a
593	certificateholder. The department shall address such complaints
594	in an expeditious manner by assisting in the resolution of such
595	complaint between the complainant and the certificateholder. The
596	department shall adopt any procedural rules pursuant to ss.
597	120.536(1) and 120.54 necessary to implement this section.
598	610.109  Public, educational, and governmental access
599	channels.--
600	(1)  A certificateholder, not later than 180 days following
601	a request by a municipality or county within whose jurisdiction
602	the certificateholder is providing cable service, shall
603	designate a sufficient amount of capacity on its network to
604	allow the provision of public, educational, and governmental
605	access channels for noncommercial programming as set forth in
606	this section.
607	(2)  A certificateholder shall designate a sufficient
608	amount of capacity on its network to allow the provision of a
609	comparable number of public, educational, and governmental
610	access channels or capacity equivalent that a municipality or
611	county has activated under the incumbent cable service
612	provider's franchise agreement as of July 1, 2006. For the
613	purposes of this section, a public, educational, or governmental
614	channel is deemed activated if the channel is being used for
615	public, educational, or governmental programming within the
616	municipality for at least 10 hours per day. Except as provided
617	in subsections (3)-(5), the certificateholder's obligations
618	under this subsection continue regardless of whether the
619	incumbent cable service provider, subsequent to July 1, 2006,
620	becomes a certificateholder pursuant to this chapter.
621	(3)  If a municipality or county did not have public,
622	educational, or governmental access channels activated under the
623	incumbent cable service provider's franchise agreement as of
624	July 1, 2006, not later than 180 days following a request by the
625	municipality or county within whose jurisdiction a
626	certificateholder is providing cable service, the cable service
627	provider shall furnish:
628	(a)  Up to three public, educational, or governmental
629	channels or capacity equivalent for a municipality or county
630	with a population of at least 50,000.
631	(b)  Up to two public, educational, or governmental
632	channels or capacity equivalent for a municipality or county
633	with a population of less than 50,000.
634	(4)  Any public, educational, or governmental channel
635	provided pursuant to this section that is not used by the
636	municipality or county for at least 10 hours a day shall no
637	longer be made available to the municipality or county but may
638	be programmed at the cable service provider's discretion. At
639	such time as the municipality or county can certify to the cable
640	service provider a schedule for at least 10 hours of daily
641	programming, the cable service provider shall restore the
642	previously lost channel but shall be under no obligation to
643	carry that channel on a basic or analog tier.
644	(5)  If a municipality or county has not used the number of
645	access channels or capacity equivalent permitted by subsection
646	(3), access to the additional channels or capacity equivalent
647	allowed in subsection (3) shall be provided upon 180 days'
648	written notice if the municipality or county meets the following
649	standard: if a municipality or county has one active public,
650	educational, or governmental channel and wishes to activate an
651	additional public, educational, or governmental channel, the
652	initial channel shall be considered to be substantially used
653	when 12 hours are programmed on that channel each calendar day.
654	In addition, at least 40 percent of the 12 hours of programming
655	for each business day on average over each calendar quarter must
656	be nonrepeat programming. Nonrepeat programming shall include
657	the first three videocastings of a program. If a municipality or
658	county is entitled to three public, educational, or governmental
659	channels under subsection (3) and has in service two active
660	public, educational, or governmental channels, each of the two
661	active channels shall be considered to be substantially used
662	when 12 hours are programmed on each channel each calendar day
663	and at least 50 percent of the 12 hours of programming for each
664	business day on average over each calendar quarter is nonrepeat
665	programming for three consecutive calendar quarters.
666	(6)  The operation of any public, educational, or
667	governmental access channel or capacity equivalent provided
668	under this section shall be the responsibility of the
669	municipality or county receiving the benefit of such channel or
670	capacity equivalent, and a certificateholder bears only the
671	responsibility for the transmission of such channel content. A
672	certificateholder shall be responsible for providing the
673	connectivity to each public, educational, or governmental access
674	channel distribution point up to the first 200 feet.
675	(7)  The municipality or county shall ensure that all
676	transmissions, content, or programming to be transmitted over a
677	channel or facility by a certificateholder are provided or
678	submitted to the cable service provider in a manner or form that
679	is capable of being accepted and transmitted by a provider
680	without any requirement for additional alteration or change in
681	the content by the provider, over the particular network of the
682	cable service provider, which is compatible with the technology
683	or protocol utilized by the cable service provider to deliver
684	services. The provision of public, educational, or governmental
685	content to the provider constitutes authorization for the
686	provider to carry such content, including, at the provider's
687	option, authorization to carry the content beyond the
688	jurisdictional boundaries of the municipality or county.
689	(8)  Where technically feasible, a certificateholder and an
690	incumbent cable service provider shall use reasonable efforts to
691	interconnect their cable systems for the purpose of providing
692	public, educational, and governmental programming.
693	Interconnection may be accomplished by direct cable, microwave
694	link, satellite, or other reasonable method of connection.
695	Certificateholders and incumbent cable service providers shall
696	negotiate in good faith and incumbent cable service providers
697	may not withhold interconnection of public, educational, and
698	governmental channels.
699	(9)  A certificateholder is not required to interconnect
700	for, or otherwise to transmit, public, educational, and
701	governmental content that is branded with the logo, name, or
702	other identifying marks of another cable service provider, and a
703	municipality or county may require a cable service provider to
704	remove its logo, name, or other identifying marks from public,
705	educational, and governmental content that is to be made
706	available to another provider.
707	(10)  A court of competent jurisdiction shall have
708	exclusive jurisdiction to enforce any requirement under this
709	section.
710	(11)  In support of the capital costs incurred by the
711	municipality or county in connection with the construction or
712	operation of public, educational, or governmental access
713	facilities and content provided by a municipality or county
714	pursuant to this section, the certificateholder shall pay to the
715	municipality or county 1 percent of the certificateholder's
716	monthly revenues from the retail sale of cable services provided
717	to customers located within the respective municipal or county
718	boundaries, based upon the certificateholder's books and
719	records, for a period of 2 years after the date the department
720	issues a certificate to the certificateholder. After the
721	expiration of the 2-year period, the certificateholder shall pay
722	and the municipality or county shall continue to receive up to 1
723	percent of such revenues in support of the capital costs
724	incurred by the municipality or county in connection with the
725	construction or operation of public, educational, or
726	governmental content provided by the municipality or county only
727	if the governing body of the municipality or county
728	affirmatively approves such continued payment. Upon such
729	affirmative vote of approval, the certificateholder may recover
730	from the customer its costs of the payment through a separately
731	stated charge on the customer's bill. All payments made pursuant
732	to this subsection shall be made in the same manner as, and
733	treated as part of, the certificateholder's payment of
734	communications services tax pursuant to s. 202.27, and all
735	definitions, exemptions, and administrative provisions of
736	chapter 202 shall apply to such payments.
737	610.110  Nondiscrimination by municipality or county.--
738	(1)  A municipality or county shall allow a
739	certificateholder to install, construct, and maintain a network
740	within a public right-of-way and shall provide a
741	certificateholder with open, comparable, nondiscriminatory, and
742	competitively neutral access to the public right-of-way in
743	accordance with the provisions of s. 337.401. All use of a
744	public right-of-way by a certificateholder is nonexclusive.
745	(2)  A municipality or county may not discriminate against
746	a certificateholder regarding:
747	(a)  The authorization or placement of a network in a
748	public right-of-way;
749	(b)  Access to a building or other property; or
750	(c)  Utility pole attachment terms.
751	(3)  Except as expressly provided in this section, nothing
752	in this chapter shall be construed to limit or abrogate a
753	municipality's or county's authority over the use of public
754	rights-of-way under its jurisdiction, as provided in s.
755	337.401(3)(a).
756	610.112  Limitation on local authority.--
757	(1)  A municipality or county may not impose additional
758	requirements on a certificateholder, including, but not limited
759	to, financial, operational, and administrative requirements,
760	except as expressly permitted by this chapter. A municipality or
761	county may not impose on activities of a certificateholder a
762	requirement:
763	(a)  That particular business offices be located in the
764	municipality or county;
765	(b)  Regarding the filing of reports and documents with the
766	municipality or county that are not required by state or federal
767	law and that are not related to the use of the public right-of-
768	way. Reports and documents other than schematics indicating the
769	location of facilities for a specific site that are provided in
770	the normal course of the municipality's or county's permitting
771	process, that are authorized by s. 337.401 for communications
772	services providers, or that are otherwise required in the normal
773	course of such permitting process shall not be considered
774	related to the use of the public right-of-way for communications
775	services providers. A municipality or county may not request
776	information concerning the capacity or technical configuration
777	of a certificateholder's facilities;
778	(c)  For the inspection of a certificateholder's business
779	records; or
780	(d)  For the approval of transfers of ownership or control
781	of a certificateholder's business, except a municipality or
782	county may require a certificateholder to provide notice of a
783	transfer within a reasonable time.
784	(2)  Notwithstanding any other provision of law, a
785	municipality or county may require the issuance of a permit in
786	accordance with and subject to s. 337.401 to a certificateholder
787	that is placing and maintaining facilities in or on a public
788	right-of-way in the municipality or county. In accordance with
789	s. 337.402, the permit may require the permitholder to be
790	responsible, at the permitholder's expense, for any damage
791	resulting from the issuance of such permit and for restoring the
792	public right-of-way to a substantially similar condition to that
793	of the public right-of-way before installation of such
794	facilities. The terms of the permit shall be consistent with
795	construction permits issued to other providers of communications
796	services placing or maintaining communications facilities in a
797	public right-of-way.
798	610.113  Discrimination prohibited.--
799	(1)  The purpose of this section is to prevent
800	discrimination among potential residential subscribers.
801	(2)  Pursuant to 47 U.S.C. s. 541(a)(3), a
802	certificateholder may not deny access to service to any group of
803	potential residential subscribers because of the income of the
804	residents in the local area in which such group resides.
805	(3)  An affected person may seek enforcement of the
806	requirements provided by subsection (2) by initiating a
807	proceeding with the Department of Agriculture and Consumer
808	Services pursuant to s. 570.544.
809	(4)  For purposes of determining whether a
810	certificateholder has violated subsection (2), cost, density,
811	distance, and technological or commercial limitations shall be
812	taken into account, and the certificateholder shall have a
813	reasonable time to deploy service pursuant to 47 U.S.C. s.
814	541(a)(4)(A). Use of an alternative technology that provides
815	comparable content, service, and functionality may not be
816	considered a violation of subsection (2). The inability to serve
817	an end user because a certificateholder is prohibited from
818	placing its own facilities in a building or property is not a
819	violation of subsection (2). This section may not be construed
820	to authorize any buildout requirements on a certificateholder.
821	(5)  The Department of Agriculture and Consumer Services
822	shall adopt any procedural rules pursuant to ss. 120.536(1) and
823	120.54 necessary to implement this section.
824	610.114  Compliance.--If a certificateholder is found by a
825	court of competent jurisdiction to not comply with the
826	requirements of this chapter, the certificateholder shall have a
827	reasonable period of time, as specified by the court, to cure
828	such noncompliance.
829	610.115  Reports to the Legislature.--The Office of Program
830	Policy Analysis and Governmental Accountability shall submit to
831	the President of the Senate, the Speaker of the House of
832	Representatives, and the majority and minority leaders of the
833	Senate and House of Representatives, on December 1, 2009, a
834	report on the status of competition in the cable service
835	industry, including, by each municipality and county, the number
836	of cable service providers, the number of cable subscribers
837	served, the number of areas served by fewer than two cable
838	service providers, the trend in cable prices, and the
839	identification of any patterns of service as they impact
840	demographic and income groups.
841	610.116  Severability.--If any provision of ss. 610.102-
842	610.102-610.115 or the application thereof to any person or
843	circumstance is held invalid, such invalidity shall not affect
844	other provisions or application of ss. 610.102-610.115 that can
845	be given effect without the invalid provision or application,
846	and to this end the provisions of ss. 610.102-610.115 are
847	severable.
848	Section 6.  Section 166.046, Florida Statutes, is repealed.
849	Section 7.  Paragraph (a) of subsection (3) of section
850	350.81, Florida Statutes, is amended to read:
851	350.81  Communications services offered by governmental
852	entities.--
853	(3)(a)  A governmental entity that provides a cable service
854	shall comply with the Cable Communications Policy Act of 1984,
855	47 U.S.C. ss. 521 et seq., the regulations issued by the Federal
856	Communications Commission under the Cable Communications Policy
857	Act of 1984, 47 U.S.C. ss. 521 et seq., and all applicable state
858	and federal rules and regulations, including, but not limited
859	to, s. 166.046 and those provisions of chapters 202, 212, and
860	337, and 610 which apply to a provider of the services.
861	Section 8.  Section 364.0361, Florida Statutes, is amended
862	to read:
863	364.0361  Local government authority; nondiscriminatory
864	exercise.--A local government shall treat each
865	telecommunications company in a nondiscriminatory manner when
866	exercising its authority to grant franchises to a
867	telecommunications company or to otherwise establish conditions
868	or compensation for the use of rights-of-way or other public
869	property by a telecommunications company. A local government may
870	not directly or indirectly regulate the terms and conditions,
871	including, but not limited to, the operating systems,
872	qualifications, services, service quality, service territory,
873	and prices, applicable to or in connection with the provision of
874	any voice-over-Internet protocol, regardless of the platform,
875	provider, or protocol, broadband or information service. This
876	section does not relieve a provider from any obligations under
877	s. 166.046 or s. 337.401.
878	Section 9.  This act shall take effect July 1, 2006.

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