Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 900
                        Barcode 431364
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1           Comm: WD              .                    
       04/24/2006 05:19 PM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Community Affairs (Bennett) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  This act may be cited as the "Consumer
19  Choice Act of 2006."
20         Section 2.  Paragraphs (a) and (c) of subsection (2) of
21  section 202.24, Florida Statutes, are amended to read:
22         202.24  Limitations on local taxes and fees imposed on
23  dealers of communications services.--
24         (2)(a)  Except as provided in paragraph (c), each
25  public body is prohibited from:
26         1.  Levying on or collecting from dealers or purchasers
27  of communications services any tax, charge, fee, or other
28  imposition on or with respect to the provision or purchase of
29  communications services.
30         2.  Requiring any dealer of communications services to
31  enter into or extend the term of a franchise or other
                                  1
    7:53 AM   04/24/06                           s0900c1d-ca21-tu7
    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 900
                        Barcode 431364
 1  agreement that requires the payment of a tax, charge, fee, or
 2  other imposition.
 3         3.  Adopting or enforcing any provision of any
 4  ordinance or agreement to the extent that such provision
 5  obligates a dealer of communications services to charge,
 6  collect, or pay to the public body a tax, charge, fee, or
 7  other imposition.
 8  
 9  Municipalities and counties may not negotiate Each
10  municipality and county retains authority to negotiate all
11  terms and conditions of a cable service franchise allowed by
12  federal and state law except those terms and conditions
13  related to franchise fees or and the definition of gross
14  revenues or other definitions or methodologies related to the
15  payment or assessment of franchise fees on providers of cable
16  services.
17         (c)  This subsection does not apply to:
18         1.  Local communications services taxes levied under
19  this chapter.
20         2.  Ad valorem taxes levied pursuant to chapter 200.
21         3.  Occupational license taxes levied under chapter
22  205.
23         4.  "911" service charges levied under chapter 365.
24         5.  Amounts charged for the rental or other use of
25  property owned by a public body which is not in the public
26  rights-of-way to a dealer of communications services for any
27  purpose, including, but not limited to, the placement or
28  attachment of equipment used in the provision of
29  communications services.
30         6.  Permit fees of general applicability which are not
31  related to placing or maintaining facilities in or on public
                                  2
    7:53 AM   04/24/06                           s0900c1d-ca21-tu7
    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 900
                        Barcode 431364
 1  roads or rights-of-way.
 2         7.  Permit fees related to placing or maintaining
 3  facilities in or on public roads or rights-of-way pursuant to
 4  s. 337.401.
 5         8.  Any in-kind requirements, institutional networks,
 6  or contributions for, or in support of, the use or
 7  construction of public, educational, or governmental access
 8  facilities allowed under federal law and imposed on providers
 9  of cable service pursuant to any existing ordinance or an
10  existing franchise agreement granted by each municipality or
11  county, under which ordinance or franchise agreement service
12  is provided prior to July 1, 2006. Nothing in this
13  subparagraph shall prohibit the ability of providers of cable
14  service to recover such expenses as allowed under federal law.
15         9.  Special assessments and impact fees.
16         10.  Pole attachment fees that are charged by a local
17  government for attachments to utility poles owned by the local
18  government.
19         11.  Utility service fees or other similar user fees
20  for utility services.
21         12.  Any other generally applicable tax, fee, charge,
22  or imposition authorized by general law on July 1, 2000, which
23  is not specifically prohibited by this subsection or included
24  as a replaced revenue source in s. 202.20.
25         Section 3.  Paragraphs (a), (e), and (f) of subsection
26  (3) of section 337.401, Florida Statutes, are amended to read:
27         337.401  Use of right-of-way for utilities subject to
28  regulation; permit; fees.--
29         (3)(a)1.  Because of the unique circumstances
30  applicable to providers of communications services, including,
31  but not limited to, the circumstances described in paragraph
                                  3
    7:53 AM   04/24/06                           s0900c1d-ca21-tu7
    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 900
                        Barcode 431364
 1  (e) and the fact that federal and state law require the
 2  nondiscriminatory treatment of providers of telecommunications
 3  services, and because of the desire to promote competition
 4  among providers of communications services, it is the intent
 5  of the Legislature that municipalities and counties treat
 6  providers of communications services in a nondiscriminatory
 7  and competitively neutral manner when imposing rules or
 8  regulations governing the placement or maintenance of
 9  communications facilities in the public roads or
10  rights-of-way. Rules or regulations imposed by a municipality
11  or county relating to providers of communications services
12  placing or maintaining communications facilities in its roads
13  or rights-of-way must be generally applicable to all providers
14  of communications services and, notwithstanding any other law,
15  may not require a provider of communications services, except
16  as otherwise provided in subparagraph 2., to apply for or
17  enter into an individual license, franchise, or other
18  agreement with the municipality or county as a condition of
19  placing or maintaining communications facilities in its roads
20  or rights-of-way. In addition to other reasonable rules or
21  regulations that a municipality or county may adopt relating
22  to the placement or maintenance of communications facilities
23  in its roads or rights-of-way under this subsection, a
24  municipality or county may require a provider of
25  communications services that places or seeks to place
26  facilities in its roads or rights-of-way to register with the
27  municipality or county and to provide the name of the
28  registrant; the name, address, and telephone number of a
29  contact person for the registrant; the number of the
30  registrant's current certificate of authorization issued by
31  the Florida Public Service Commission, or the Federal
                                  4
    7:53 AM   04/24/06                           s0900c1d-ca21-tu7
    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 900
                        Barcode 431364
 1  Communications Commission, or the Florida Department of State;
 2  and proof of insurance or self-insuring status adequate to
 3  defend and cover claims.
 4         2.  Notwithstanding the provisions of subparagraph 1.,
 5  a municipality or county may, as provided by 47 U.S.C. s. 541,
 6  award one or more franchises within its jurisdiction for the
 7  provision of cable service, and a provider of cable service
 8  shall not provide cable service without such franchise. Each
 9  municipality and county retains authority to negotiate all
10  terms and conditions of a cable service franchise allowed by
11  federal law and s. 166.046, except those terms and conditions
12  related to franchise fees and the definition of gross revenues
13  or other definitions or methodologies related to the payment
14  or assessment of franchise fees and permit fees as provided in
15  paragraph (c) on providers of cable services. A municipality
16  or county may exercise its right to require from providers of
17  cable service in-kind requirements, including, but not limited
18  to, institutional networks, and contributions for, or in
19  support of, the use or construction of public, educational, or
20  governmental access facilities to the extent permitted by
21  federal law. A provider of cable service may exercise its
22  right to recover any such expenses associated with such
23  in-kind requirements, to the extent permitted by federal law.
24         (e)  The authority of municipalities and counties to
25  require franchise fees from providers of communications
26  services, with respect to the provision of communications
27  services, is specifically preempted by the state, except as
28  otherwise provided in subparagraph (a)2., because of unique
29  circumstances applicable to providers of communications
30  services when compared to other utilities occupying municipal
31  or county roads or rights-of-way. Providers of communications
                                  5
    7:53 AM   04/24/06                           s0900c1d-ca21-tu7
    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 900
                        Barcode 431364
 1  services may provide similar services in a manner that
 2  requires the placement of facilities in municipal or county
 3  roads or rights-of-way or in a manner that does not require
 4  the placement of facilities in such roads or rights-of-way.
 5  Although similar communications services may be provided by
 6  different means, the state desires to treat providers of
 7  communications services in a nondiscriminatory manner and to
 8  have the taxes, franchise fees, and other fees paid by
 9  providers of communications services be competitively neutral.
10  Municipalities and counties retain all existing authority, if
11  any, to collect franchise fees from users or occupants of
12  municipal or county roads or rights-of-way other than
13  providers of communications services, and the provisions of
14  this subsection shall have no effect upon this authority. The
15  provisions of this subsection do not restrict the authority,
16  if any, of municipalities or counties or other governmental
17  entities to receive reasonable rental fees based on fair
18  market value for the use of public lands and buildings on
19  property outside the public roads or rights-of-way for the
20  placement of communications antennas and towers.
21         (f)  Except as expressly allowed or authorized by
22  general law and except for the rights-of-way permit fees
23  subject to paragraph (c), a municipality or county may not
24  levy on a provider of communications services a tax, fee, or
25  other charge or imposition for operating as a provider of
26  communications services within the jurisdiction of the
27  municipality or county which is in any way related to using
28  its roads or rights-of-way. A municipality or county may not
29  require or solicit in-kind compensation, except as otherwise
30  provided in s. 202.24(2)(c)8. or s. 610.109 subparagraph (a)2.
31  Nothing in this paragraph shall impair any ordinance or
                                  6
    7:53 AM   04/24/06                           s0900c1d-ca21-tu7
    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 900
                        Barcode 431364
 1  agreement in effect on May 22, 1998, or any voluntary
 2  agreement entered into subsequent to that date, which provides
 3  for or allows in-kind compensation by a telecommunications
 4  company.
 5         Section 4.  Section 337.4061, Florida Statutes, is
 6  amended to read:
 7         337.4061  Definitions; unlawful use of state-maintained
 8  road right-of-way by nonfranchised cable television
 9  services.--
10         (1)  As used in this section, the term:
11         (a)  "Cable service" means:
12         1.  The one-way transmission to subscribers of video
13  programming or any other programming service; and
14         2.  Subscriber interaction, if any, which is required
15  for the selection of such video programming or other
16  programming service.
17         (b)  "Cable system" means a facility, consisting of a
18  set of closed transmission paths and associated signal
19  generation, reception, and control equipment that is designed
20  to provide cable service which includes video programming and
21  which is provided to multiple subscribers within a community,
22  but such term does not include:
23         1.  A facility that serves only to retransmit the
24  television signals of one or more television broadcast
25  stations;
26         2.  A facility that serves only subscribers in one or
27  more multiple-unit dwellings under common ownership, control,
28  or management, unless such facility or facilities use any
29  public right-of-way;
30         3.  A facility that serves subscribers without using
31  any public right-of-way;
                                  7
    7:53 AM   04/24/06                           s0900c1d-ca21-tu7
    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 900
                        Barcode 431364
 1         4.3.  A facility of a common carrier that is subject,
 2  in whole or in part, to the provisions of 47 U.S.C. s. 201 et
 3  seq., except the specific bandwidths or wavelengths used by
 4  that such facility shall be considered a cable system only to
 5  the extent such bandwidths or wavelengths are facility is used
 6  in the transmission of video programming directly to
 7  subscribers, unless the extent of such use is solely to
 8  provide interactive on-demand services, in which case the use
 9  of such bandwidths or wavelengths is not a cable system; or
10         5.4.  Any facilities of any electric utility used
11  solely for operating its electric utility systems.
12         (c)  "Franchise" means an initial authorization or
13  renewal thereof issued by a franchising authority, whether
14  such authorization is designated as a franchise, permit,
15  license, resolution, contract, certificate, agreement, or
16  otherwise, which authorizes the construction or operation of a
17  cable system.
18         (d)  "Franchising authority" means any governmental
19  entity empowered by federal, state, or local law to grant a
20  franchise.
21         (e)  "Person" means an individual, partnership,
22  association, joint stock company, trust, corporation, or
23  governmental entity.
24         (f)  "Video programming" means programming provided by
25  or generally considered comparable to programming provided by
26  a television broadcast station or cable system.
27         (2)  It is unlawful to use the right-of-way of any
28  state-maintained road, including appendages thereto, and also
29  including, but not limited to, rest areas, wayside parks,
30  boat-launching ramps, weigh stations, and scenic easements, to
31  provide for cable service over a cable system purposes within
                                  8
    7:53 AM   04/24/06                           s0900c1d-ca21-tu7
    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 900
                        Barcode 431364
 1  a geographic area subject to a valid existing franchise for
 2  cable service, unless the cable system using such right-of-way
 3  holds a franchise from a franchise authority the municipality
 4  or county for the area in which the right-of-way is located.
 5         (3)  A violation of this section shall be deemed a
 6  violation of s. 337.406.
 7         Section 5.  Sections 610.102, 610.103, 610.104,
 8  610.105, 610.106, 610.107, 610.108, 610.109, 610.110, 610.112,
 9  610.113, 610.114, 610.115, and 610.116, Florida Statutes, are
10  created to read:
11         610.102  Department of State authority to issue
12  statewide cable franchise.--The department shall be designated
13  as the franchising authority, pursuant to 47 U.S.C. s.
14  522(10), for a state-issued franchise for the provision of
15  cable service. A municipality or county may not grant a new
16  franchise for the provision of cable service within its
17  jurisdiction.
18         610.103  Definitions.--As used in ss. 610.102-610.114:
19         (1)  "Cable service" means:
20         (a)  The one-way transmission to subscribers of video
21  programming or any other programming service.
22         (b)  Subscriber interaction, if any, that is required
23  for the selection of such video programming or other
24  programming service.
25         (2)  "Cable system" means a facility consisting of a
26  set of closed transmission paths and associated signal
27  generation, reception, and control equipment that is designed
28  to provide cable service that includes video programming and
29  that is provided to multiple subscribers within a community,
30  but such term does not include:
31         (a)  A facility that serves only to retransmit the
                                  9
    7:53 AM   04/24/06                           s0900c1d-ca21-tu7
    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 900
                        Barcode 431364
 1  television signals of one or more television broadcast
 2  stations;
 3         (b)  A facility that serves only subscribers in one or
 4  more multiple-unit dwellings under common ownership, control,
 5  or management, unless such facility or facilities use any
 6  public right-of-way;
 7         (c)  A facility that serves subscribers without using
 8  any public right-of-way;
 9         (d)  A facility of a common carrier that is subject, in
10  whole or in part, to the provisions of 47 U.S.C. s. 201 et
11  seq., except the specific bandwidths or wavelengths over such
12  facility shall be considered a cable system only to the extent
13  such bandwidths or wavelengths are used in the transmission of
14  video programming directly to subscribers, unless the extent
15  of such use is solely to provide interactive on-demand
16  services, in which case it is not a cable system; or
17         (e)  Any facilities of any electric utility used solely
18  for operating its electric utility systems.
19         (3)  "Cable service provider" means a person that
20  provides cable service over a cable system.
21         (4)  "Certificateholder" means a cable service provider
22  that has been issued and holds a certificate of franchise
23  authority from the department.
24         (5)  "Department" means the Department of State.
25         (6)  "Franchise" means an initial authorization or
26  renewal of an authorization, regardless of whether the
27  authorization is designated as a franchise, permit, license,
28  resolution, contract, certificate, agreement, or otherwise, to
29  construct and operate a cable system in the public
30  right-of-way.
31         (7)  "Franchise authority" means any governmental
                                  10
    7:53 AM   04/24/06                           s0900c1d-ca21-tu7
    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 900
                        Barcode 431364
 1  entity empowered by federal, state, or local law to grant a
 2  franchise.
 3         (8)  "Incumbent cable service provider" means the cable
 4  service provider serving the largest number of cable
 5  subscribers in a particular municipal or county franchise area
 6  on July 1, 2006.
 7         (9)  "Public right-of-way" means the area on, below, or
 8  above a public roadway, highway, street, sidewalk, alley, or
 9  waterway, including, without limitation, a municipal, county,
10  state, district, or other public roadway, highway, street,
11  sidewalk, alley, or waterway.
12         (10)  "Video programming" means programming provided
13  by, or generally considered comparable to programming provided
14  by, a television broadcast station as set forth in 47 U.S.C.
15  s. 522(20).
16         610.104  State authorization to provide cable
17  service.--
18         (1)  An entity or person seeking to provide cable
19  service over a cable system in this state after July 1, 2006,
20  shall file an application for a state-issued certificate of
21  franchise authority with the department as required by this
22  section. An entity providing cable service under an unexpired
23  franchise agreement with a municipality or county as of July
24  1, 2006, is not subject to this subsection with respect to
25  such municipality or county until the franchise agreement
26  expires, except as provided by subsection (2) and s.
27  610.105(4). An entity providing cable service may seek
28  authorization from the department to provide service in areas
29  where the entity currently does not have an existing franchise
30  agreement as of July 1, 2006.
31         (2)  Beginning 90 days after July 1, 2006, a cable
                                  11
    7:53 AM   04/24/06                           s0900c1d-ca21-tu7
    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 900
                        Barcode 431364
 1  service provider that is not an incumbent cable service
 2  provider and provides cable service to less than 40 percent of
 3  the total cable service subscribers in a particular franchise
 4  area may elect to terminate an existing municipal or county
 5  franchise and seek a state-issued certificate of franchise
 6  authority by providing written notice to the Secretary of
 7  State and the affected municipality or county not later than
 8  180 days after July 1, 2006. The municipal or county franchise
 9  is terminated on the date the department issues the
10  state-issued certificate of franchise authority.
11         (3)  Before the 10th business day after an applicant
12  submits the affidavit, the department shall notify the
13  applicant for a state-issued certificate of franchise
14  authority whether the applicant's affidavit described by
15  subsection (4) is complete. If the department denies the
16  application, the department must specify with particularity
17  the reasons for the denial and permit the applicant to amend
18  the application to cure any deficiency. The department shall
19  act upon such amended application within 5 business days.
20         (4)  The department shall issue a certificate of
21  franchise authority to offer cable service before the 15th
22  business day after receipt of a completed affidavit submitted
23  by an applicant and signed by an officer or general partner of
24  the applicant affirming:
25         (a)  That the applicant has filed or will timely file
26  with the Federal Communications Commission all forms required
27  by that agency in advance of offering cable service in this
28  state.
29         (b)  That the applicant agrees to comply with all
30  applicable federal and state laws and regulations, to the
31  extent that such state laws and rules are not in conflict with
                                  12
    7:53 AM   04/24/06                           s0900c1d-ca21-tu7
    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 900
                        Barcode 431364
 1  or superseded by the provisions of this chapter or other
 2  applicable state law.
 3         (c)  That the applicant agrees to comply with all
 4  lawful state laws and rules and municipal and county
 5  ordinances and regulations regarding the placement and
 6  maintenance of communications facilities in the public
 7  right-of-way that are generally applicable to providers of
 8  communications services in accordance with s. 337.401.
 9         (d)  A description of the service area for which the
10  applicant seeks certificate of franchise authority, which need
11  not be coextensive with municipal, county, or other political
12  boundaries.
13         (e)  The location of the applicant's principal place of
14  business and the names of the applicant's principal executive
15  officers.
16         (5)  If the department fails to act on the application
17  within 30 business days after receiving the application, the
18  application shall be denied. Prior to the expiration of the
19  30-day period, the applicant may request an automatic 30-day
20  extension or may proceed to the remedies set forth in
21  subsection (10).
22         (6)  The certificate of franchise authority issued by
23  the department shall contain:
24         (a)  A grant of authority to provide cable service over
25  a cable system as requested in the application.
26         (b)  A grant of authority to construct, maintain, and
27  operate facilities through, upon, over, and under any public
28  right-of-way or waters.
29         (c)  A statement that the grant of authority is subject
30  to lawful operation of the cable system to provide cable
31  service by the applicant or its successor in interest.
                                  13
    7:53 AM   04/24/06                           s0900c1d-ca21-tu7
    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 900
                        Barcode 431364
 1         (7)  A certificateholder that seeks to include
 2  additional service areas in its current certificate shall file
 3  notice with the department that reflects the new service area
 4  or areas to be served.
 5         (8)  The certificate of franchise authority issued by
 6  the department is fully transferable to any successor in
 7  interest to the applicant to which the certificate is
 8  initially granted. A notice of transfer shall be filed with
 9  the department and the relevant municipality or county within
10  14 business days following the completion of such transfer.
11         (9)  The certificate of franchise authority issued by
12  the department may be terminated by the cable service provider
13  by submitting notice to the department.
14         (10)  An applicant may challenge a denial of an
15  application by the department in a court of competent
16  jurisdiction through a petition for mandamus.
17         (11)  The department shall adopt any procedural rules
18  pursuant to ss. 120.536(1) and 120.54 necessary to implement
19  this section.
20         (12)  The department may establish a standard
21  application form, in which case the application shall be on
22  such form and must be accompanied by a fee established by the
23  department, not to exceed $10,000. In addition to the
24  application fee, each certificateholder shall pay an annual
25  fee established by the department and based on the number of
26  the certificateholder's subscribers, not to exceed $10,000.
27  The fees shall be based on the costs incurred by the
28  department in performing its duties under the provisions of
29  ss. 610.102-610.115.
30         610.105  Eligibility for state-issued franchise.--
31         (1)  Except as provided in s. 610.104(1) and (2) and
                                  14
    7:53 AM   04/24/06                           s0900c1d-ca21-tu7
    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 900
                        Barcode 431364
 1  subsection (4), a cable service provider that has an existing,
 2  unexpired franchise to provide cable service with respect to a
 3  municipality or county as of July 1, 2006, is not eligible to
 4  seek a state-issued certificate of franchise authority under
 5  this chapter as to that municipality or county until the
 6  expiration date of the existing franchise agreement.
 7         (2)  For purposes of this section, a cable service
 8  provider will be deemed to have or have had a franchise to
 9  provide cable service in a specific municipality or county if
10  any affiliate or successor entity of the cable service
11  provider has or had a franchise agreement granted by that
12  specific municipality or county.
13         (3)  The term "affiliate or successor entity" in this
14  section refers to an entity receiving, obtaining, or operating
15  under a franchise that directly or indirectly owns or
16  controls, is owned or controlled by, or is under common
17  ownership or control with the cable service provider.
18         (4)  Notwithstanding subsection (1), a cable service
19  provider may elect to terminate an existing municipal or
20  county franchise and seek a state-issued certificate of
21  franchise authority with respect to such municipality or
22  county if another cable service provider is granted a
23  state-issued certificate of franchise authority located in
24  whole or in part within the service area covered by the
25  existing municipal or county franchise. The cable service
26  provider may terminate its existing franchise under this
27  subsection by providing written notice to the Secretary of
28  State and the affected municipality or county within 180 days
29  following the issuance of the state-issued certificate of
30  franchise authority to the nonincumbent cable service
31  provider. The municipal or county franchise is terminated on
                                  15
    7:53 AM   04/24/06                           s0900c1d-ca21-tu7
    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 900
                        Barcode 431364
 1  the date the department issues the state-issued certificate of
 2  franchise authority with respect to such municipality or
 3  county to the cable service provider.
 4         610.106  Franchise fee prohibited.--The department may
 5  not impose any taxes, fees, charges, or other impositions on a
 6  cable service provider as a condition for the issuance of a
 7  state-issued certificate of franchise authority. No
 8  municipality or county may impose any taxes, fees, charges, or
 9  other exactions on certificateholders in connection with use
10  of public right-of-way as a condition of a certificateholder
11  doing business in the municipality or county, or otherwise,
12  except such taxes, fees, charges, or other exactions permitted
13  by chapter 202 and s. 337.401(6).
14         610.107  Buildout.--No franchising authority, state
15  agency, or political subdivision may impose any buildout
16  requirements on a certificateholder. However, each
17  certificateholder, if requested pursuant to a bona fide order
18  for cable service, shall make cable service available at each
19  building used for municipal or county purposes, including, but
20  not limited to, emergency operations centers, fire stations,
21  and public schools, within the area described in its
22  application under s. 610.104(4)(d) within 5 years after the
23  date of the issuance of its certificate by the department
24  using the technology of its choice.
25         610.108  Customer service standards.--
26         (1)  An incumbent cable service provider shall comply
27  with customer service requirements reasonably comparable to
28  the standards in 47 C.F.R. s. 76.309(c) until there are two or
29  more providers offering service, excluding direct-to-home
30  satellite service, in the relevant service area.
31         (2)  Beginning not later than July 1, 2009, for all
                                  16
    7:53 AM   04/24/06                           s0900c1d-ca21-tu7
    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 900
                        Barcode 431364
 1  providers of cable service in municipalities and counties
 2  that, as of January 1, 2006, have an office or department
 3  dedicated to responding to cable service quality complaints,
 4  all such complaints shall be handled by the Department of
 5  Agriculture and Consumer Services. Until that time, cable
 6  service quality complaints shall continue to be handled by the
 7  municipality or county. This provision shall not be construed
 8  to permit the municipality or county to impose customer
 9  service standards in conflict with this section.
10         (3)  The Department of Agriculture and Consumer
11  Services shall receive service quality complaints from
12  customers of a certificateholder. The department shall address
13  such complaints in an expeditious manner by assisting in the
14  resolution of such complaint between the complainant and the
15  certificateholder. The department shall adopt any procedural
16  rules pursuant to ss. 120.536(1) and 120.54 necessary to
17  implement this section.
18         610.109  Public, educational, and governmental access
19  channels.--
20         (1)  A certificateholder, not later than 180 days
21  following a request by a municipality or county within whose
22  jurisdiction the certificateholder is providing cable service,
23  shall designate a sufficient amount of capacity on its network
24  to allow the provision of public, educational, and
25  governmental access channels for noncommercial programming as
26  set forth in this section.
27         (2)  A certificateholder shall designate a sufficient
28  amount of capacity on its network to allow the provision of a
29  comparable number of public, educational, and governmental
30  access channels or capacity equivalent that a municipality or
31  county has activated under the incumbent cable service
                                  17
    7:53 AM   04/24/06                           s0900c1d-ca21-tu7
    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 900
                        Barcode 431364
 1  provider's franchise agreement as of July 1, 2006. For the
 2  purposes of this section, a public, educational, or
 3  governmental channel is deemed activated if the channel is
 4  being used for public, educational, or governmental
 5  programming within the municipality for at least 10 hours per
 6  day. Except as provided in subsections (3)-(5), the
 7  certificateholder's obligations under this subsection continue
 8  regardless of whether the incumbent cable service provider,
 9  subsequent to July 1, 2006, becomes a certificateholder
10  pursuant to this chapter.
11         (3)  If a municipality or county did not have public,
12  educational, or governmental access channels activated under
13  the incumbent cable service provider's franchise agreement as
14  of July 1, 2006, not later than 180 days following a request
15  by the municipality or county within whose jurisdiction a
16  certificateholder is providing cable service, the cable
17  service provider shall furnish:
18         (a)  Up to three public, educational, or governmental
19  channels or capacity equivalent for a municipality or county
20  with a population of at least 50,000.
21         (b)  Up to two public, educational, or governmental
22  channels or capacity equivalent for a municipality or county
23  with a population of less than 50,000.
24         (4)  Any public, educational, or governmental channel
25  provided pursuant to this section that is not used by the
26  municipality or county for at least 10 hours a day shall no
27  longer be made available to the municipality or county but may
28  be programmed at the cable service provider's discretion. At
29  such time as the municipality or county can certify to the
30  cable service provider a schedule for at least 10 hours of
31  daily programming, the cable service provider shall restore
                                  18
    7:53 AM   04/24/06                           s0900c1d-ca21-tu7
    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 900
                        Barcode 431364
 1  the previously lost channel but shall be under no obligation
 2  to carry that channel on a basic or analog tier.
 3         (5)  If a municipality or county has not used the
 4  number of access channels or capacity equivalent permitted by
 5  subsection (3), access to the additional channels or capacity
 6  equivalent allowed in subsection (3) shall be provided upon
 7  180 days' written notice if the municipality or county meets
 8  the following standard: if a municipality or county has one
 9  active public, educational, or governmental channel and wishes
10  to activate an additional public, educational, or governmental
11  channel, the initial channel shall be considered to be
12  substantially used when 12 hours are programmed on that
13  channel each calendar day. In addition, at least 40 percent of
14  the 12 hours of programming for each business day on average
15  over each calendar quarter must be nonrepeat programming.
16  Nonrepeat programming shall include the first three
17  videocastings of a program. If a municipality or county is
18  entitled to three public, educational, or governmental
19  channels under subsection (3) and has in service two active
20  public, educational, or governmental channels, each of the two
21  active channels shall be considered to be substantially used
22  when 12 hours are programmed on each channel each calendar day
23  and at least 50 percent of the 12 hours of programming for
24  each business day on average over each calendar quarter is
25  nonrepeat programming for three consecutive calendar quarters.
26         (6)  The operation of any public, educational, or
27  governmental access channel or capacity equivalent provided
28  under this section shall be the responsibility of the
29  municipality or county receiving the benefit of such channel
30  or capacity equivalent, and a certificateholder bears only the
31  responsibility for the transmission of such channel content. A
                                  19
    7:53 AM   04/24/06                           s0900c1d-ca21-tu7
    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 900
                        Barcode 431364
 1  certificateholder shall be responsible for providing the
 2  connectivity to each public, educational, or governmental
 3  access channel distribution point up to the first 200 feet.
 4         (7)  The municipality or county shall ensure that all
 5  transmissions, content, or programming to be transmitted over
 6  a channel or facility by a certificateholder are provided or
 7  submitted to the cable service provider in a manner or form
 8  that is capable of being accepted and transmitted by a
 9  provider without any requirement for additional alteration or
10  change in the content by the provider, over the particular
11  network of the cable service provider, which is compatible
12  with the technology or protocol utilized by the cable service
13  provider to deliver services. The provision of public,
14  educational, or governmental content to the provider
15  constitutes authorization for the provider to carry such
16  content, including, at the provider's option, authorization to
17  carry the content beyond the jurisdictional boundaries of the
18  municipality or county.
19         (8)  Where technically feasible, a certificateholder
20  and an incumbent cable service provider shall use reasonable
21  efforts to interconnect their cable systems for the purpose of
22  providing public, educational, and governmental programming.
23  Interconnection may be accomplished by direct cable, microwave
24  link, satellite, or other reasonable method of connection.
25  Certificateholders and incumbent cable service providers shall
26  negotiate in good faith and incumbent cable service providers
27  may not withhold interconnection of public, educational, and
28  governmental channels.
29         (9)  A certificateholder is not required to
30  interconnect for, or otherwise to transmit, public,
31  educational, and governmental content that is branded with the
                                  20
    7:53 AM   04/24/06                           s0900c1d-ca21-tu7
    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 900
                        Barcode 431364
 1  logo, name, or other identifying marks of another cable
 2  service provider, and a municipality or county may require a
 3  cable service provider to remove its logo, name, or other
 4  identifying marks from public, educational, and governmental
 5  content that is to be made available to another provider.
 6         (10)  A court of competent jurisdiction shall have
 7  exclusive jurisdiction to enforce any requirement under this
 8  section.
 9         (11)  In support of the capital costs incurred by the
10  municipality or county in connection with the construction or
11  operation of public, educational, or governmental access
12  facilities and content provided by a municipality or county
13  pursuant to this section, the certificateholder shall pay to
14  the municipality or county 1 percent of the
15  certificateholder's monthly revenues from the retail sale of
16  cable services provided to customers located within the
17  respective municipal or county boundaries, based upon the
18  certificateholder's books and records, for a period of 2 years
19  after the date the department issues a certificate to the
20  certificateholder. After the expiration of the 2-year period,
21  the certificateholder shall pay and the municipality or county
22  shall continue to receive up to 1 percent of such revenues in
23  support of the capital costs incurred by the municipality or
24  county in connection with the construction or operation of
25  public, educational, or governmental content provided by the
26  municipality or county only if the governing body of the
27  municipality or county affirmatively approves such continued
28  payment. Upon such affirmative vote of approval, the
29  certificateholder may recover from the customer its costs of
30  the payment through a separately stated charge on the
31  customer's bill. All payments made pursuant to this subsection
                                  21
    7:53 AM   04/24/06                           s0900c1d-ca21-tu7
    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 900
                        Barcode 431364
 1  shall be made in the same manner as, and treated as part of,
 2  the certificateholder's payment of communications services tax
 3  pursuant to s. 202.27, and all definitions, exemptions, and
 4  administrative provisions of chapter 202 shall apply to such
 5  payments.
 6         610.110  Nondiscrimination by municipality or county.--
 7         (1)  A municipality or county shall allow a
 8  certificateholder to install, construct, and maintain a
 9  network within a public right-of-way and shall provide a
10  certificateholder with open, comparable, nondiscriminatory,
11  and competitively neutral access to the public right-of-way in
12  accordance with the provisions of s. 337.401. All use of a
13  public right-of-way by a certificateholder is nonexclusive.
14         (2)  A municipality or county may not discriminate
15  against a certificateholder regarding:
16         (a)  The authorization or placement of a network in a
17  public right-of-way;
18         (b)  Access to a building or other property; or
19         (c)  Utility pole attachment terms.
20         (3)  Except as expressly provided in this section,
21  nothing in this chapter shall be construed to limit or
22  abrogate a municipality's or county's authority over the use
23  of public rights-of-way under its jurisdiction, as provided in
24  s. 337.401(3)(a).
25         610.112  Limitation on local authority.--
26         (1)  A municipality or county may not impose additional
27  requirements on a certificateholder, including, but not
28  limited to, financial, operational, and administrative
29  requirements, except as expressly permitted by this chapter. A
30  municipality or county may not impose on activities of a
31  certificateholder a requirement:
                                  22
    7:53 AM   04/24/06                           s0900c1d-ca21-tu7
    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 900
                        Barcode 431364
 1         (a)  That particular business offices be located in the
 2  municipality or county;
 3         (b)  Regarding the filing of reports and documents with
 4  the municipality or county that are not required by state or
 5  federal law and that are not related to the use of the public
 6  right-of-way. Reports and documents other than schematics
 7  indicating the location of facilities for a specific site that
 8  are provided in the normal course of the municipality's or
 9  county's permitting process, that are authorized by s. 337.401
10  for communications services providers, or that are otherwise
11  required in the normal course of such permitting process shall
12  not be considered related to the use of the public
13  right-of-way for communications services providers. A
14  municipality or county may not request information concerning
15  the capacity or technical configuration of a
16  certificateholder's facilities;
17         (c)  For the inspection of a certificateholder's
18  business records; or
19         (d)  For the approval of transfers of ownership or
20  control of a certificateholder's business, except a
21  municipality or county may require a certificateholder to
22  provide notice of a transfer within a reasonable time.
23         (2)  Notwithstanding any other provision of law, a
24  municipality or county may require the issuance of a permit in
25  accordance with and subject to s. 337.401 to a
26  certificateholder that is placing and maintaining facilities
27  in or on a public right-of-way in the municipality or county.
28  In accordance with s. 337.402, the permit may require the
29  permitholder to be responsible, at the permitholder's expense,
30  for any damage resulting from the issuance of such permit and
31  for restoring the public right-of-way to a substantially
                                  23
    7:53 AM   04/24/06                           s0900c1d-ca21-tu7
    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 900
                        Barcode 431364
 1  similar condition to that of the public right-of-way before
 2  installation of such facilities. The terms of the permit shall
 3  be consistent with construction permits issued to other
 4  providers of communications services placing or maintaining
 5  communications facilities in a public right-of-way.
 6         610.113  Discrimination prohibited.--
 7         (1)  The purpose of this section is to prevent
 8  discrimination among potential residential subscribers.
 9         (2)  Pursuant to 47 U.S.C. s. 541(a)(3), a
10  certificateholder may not deny access to service to any group
11  of potential residential subscribers because of the income of
12  the residents in the local area in which such group resides.
13         (3)  An affected person may seek enforcement of the
14  requirements provided by subsection (2) by initiating a
15  proceeding with the Department of Agriculture and Consumer
16  Services pursuant to s. 570.544.
17         (4)  For purposes of determining whether a
18  certificateholder has violated subsection (2), cost, density,
19  distance, and technological or commercial limitations shall be
20  taken into account, and the certificateholder shall have a
21  reasonable time to deploy service pursuant to 47 U.S.C. s.
22  541(a)(4)(A). Use of an alternative technology that provides
23  comparable content, service, and functionality may not be
24  considered a violation of subsection (2). The inability to
25  serve an end user because a certificateholder is prohibited
26  from placing its own facilities in a building or property is
27  not a violation of subsection (2). This section may not be
28  construed to authorize any buildout requirements on a
29  certificateholder.
30         (5)  The Department of Agriculture and Consumer
31  Services shall adopt any procedural rules pursuant to ss.
                                  24
    7:53 AM   04/24/06                           s0900c1d-ca21-tu7
    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 900
                        Barcode 431364
 1  120.536(1) and 120.54 necessary to implement this section.
 2         610.114  Compliance.--If a certificateholder is found
 3  by a court of competent jurisdiction to not comply with the
 4  requirements of this chapter, the certificateholder shall have
 5  a reasonable period of time, as specified by the court, to
 6  cure such noncompliance.
 7         610.115  Reports to the Legislature.--The Office of
 8  Program Policy Analysis and Governmental Accountability shall
 9  submit to the President of the Senate, the Speaker of the
10  House of Representatives, and the majority and minority
11  leaders of the Senate and House of Representatives, on
12  December 1, 2009, a report on the status of competition in the
13  cable service industry, including, by each municipality and
14  county, the number of cable service providers, the number of
15  cable subscribers served, the number of areas served by fewer
16  than two cable service providers, the trend in cable prices,
17  and the identification of any patterns of service as they
18  impact demographic and income groups.
19         610.116  Severability.--If any provision of ss.
20  610.102-610.115 or the application thereof to any person or
21  circumstance is held invalid, such invalidity shall not affect
22  other provisions or application of ss. 610.102-610.115 that
23  can be given effect without the invalid provision or
24  application, and to this end the provisions of ss.
25  610.102-610.115 are severable.
26         Section 6.  Section 166.046, Florida Statutes, is
27  repealed.
28         Section 7.  Paragraph (a) of subsection (3) of section
29  350.81, Florida Statutes, is amended to read:
30         350.81  Communications services offered by governmental
31  entities.--
                                  25
    7:53 AM   04/24/06                           s0900c1d-ca21-tu7
    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 900
                        Barcode 431364
 1         (3)(a)  A governmental entity that provides a cable
 2  service shall comply with the Cable Communications Policy Act
 3  of 1984, 47 U.S.C. ss. 521 et seq., the regulations issued by
 4  the Federal Communications Commission under the Cable
 5  Communications Policy Act of 1984, 47 U.S.C. ss. 521 et seq.,
 6  and all applicable state and federal rules and regulations,
 7  including, but not limited to, s. 166.046 and those provisions
 8  of chapters 202, 212, and 337, and 610 which apply to a
 9  provider of the services.
10         Section 8.  Section 364.0361, Florida Statutes, is
11  amended to read:
12         364.0361  Local government authority; nondiscriminatory
13  exercise.--A local government shall treat each
14  telecommunications company in a nondiscriminatory manner when
15  exercising its authority to grant franchises to a
16  telecommunications company or to otherwise establish
17  conditions or compensation for the use of rights-of-way or
18  other public property by a telecommunications company. A local
19  government may not directly or indirectly regulate the terms
20  and conditions, including, but not limited to, the operating
21  systems, qualifications, services, service quality, service
22  territory, and prices, applicable to or in connection with the
23  provision of any voice-over-Internet protocol, regardless of
24  the platform, provider, or protocol, broadband or information
25  service. This section does not relieve a provider from any
26  obligations under s. 166.046 or s. 337.401.
27         Section 9.  This act shall take effect July 1, 2006.
28  
29  
30  ================ T I T L E   A M E N D M E N T ===============
31  And the title is amended as follows:
                                  26
    7:53 AM   04/24/06                           s0900c1d-ca21-tu7
    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 900
                        Barcode 431364
 1         Delete everything before the enacting clause
 2  
 3  and insert:  
 4                      A bill to be entitled
 5         An act relating to statewide cable television
 6         franchises; providing a short title; amending
 7         s. 202.24, F.S.; prohibiting counties and
 8         municipalities from negotiating terms and
 9         conditions relating to cable services; deleting
10         authorization to negotiate; revising
11         application to existing ordinances or franchise
12         agreements; amending s. 337.401, F.S.; deleting
13         authorization for counties and municipalities
14         to award cable service franchises and a
15         restriction that cable service companies not
16         operate without such a franchise; amending s.
17         337.4061, F.S.; revising definitions; creating
18         ss. 610.102, 610.103, 610.104, 610.105,
19         610.106, 610.107, 610.108, 610.109, 610.110,
20         610.112, 610.113, 610.114, 610.115, and
21         610.116, F.S.; designating the Department of
22         State as the authorizing authority; providing
23         definitions; requiring state authorization to
24         provide cable services; providing duties and
25         responsibilities of the Department of State;
26         providing application procedures and
27         requirements; providing for issuing
28         certificates of franchise authority; providing
29         eligibility requirements and criteria for a
30         certificate; authorizing the department to
31         adopt rules; providing for an application form;
                                  27
    7:53 AM   04/24/06                           s0900c1d-ca21-tu7
    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 900
                        Barcode 431364
 1         providing for fees; prohibiting the department
 2         from imposing taxes, fees, or charges on a
 3         cable service provider to issue a certificate;
 4         prohibiting imposing buildout requirements on a
 5         certificateholder; requiring certificateholders
 6         to make cable service available at certain
 7         public buildings under certain circumstances;
 8         imposing certain customer service requirements
 9         on cable service providers; requiring the
10         Department of Agriculture and Consumer Services
11         to receive customer service complaints;
12         requiring provision of public, educational, and
13         governmental access channels or capacity
14         equivalent; providing criteria, requirements,
15         and procedures; providing exceptions; providing
16         responsibilities of municipalities and counties
17         relating to such channels; providing for
18         enforcement; requiring certificateholders to
19         pay a portion of certain monthly revenues to
20         municipalities or counties for a certain period
21         of time; providing for continuing such payments
22         pursuant to local government approval;
23         authorizing continued payments to be itemized;
24         providing criteria for such payments; providing
25         requirements for and limitations on counties
26         and municipalities relating to access to public
27         right-of-way; prohibiting counties and
28         municipalities from imposing additional
29         requirements on certificateholders; authorizing
30         counties and municipalities to require permits
31         of certificateholders relating to public
                                  28
    7:53 AM   04/24/06                           s0900c1d-ca21-tu7
    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 900
                        Barcode 431364
 1         right-of-way; providing permit criteria and
 2         requirements; prohibiting discrimination
 3         between cable service subscribers; providing
 4         for enforcement; providing for determinations
 5         of violations; providing for enforcement of
 6         compliance by certificateholders; requiring the
 7         Office of Program Policy Analysis and
 8         Government Accountability to report to the
 9         Legislature on the status of competition in the
10         cable service industry; providing report
11         requirements; providing severability; repealing
12         s. 166.046, F.S., relating to definitions and
13         minimum standards for cable television
14         franchises imposed upon counties and
15         municipalities; amending ss. 350.81 and
16         364.0361, F.S.; removing cross-references to
17         conform; providing an effective date.
18  
19  
20  
21  
22  
23  
24  
25  
26  
27  
28  
29  
30  
31  
                                  29
    7:53 AM   04/24/06                           s0900c1d-ca21-tu7