| 1 | A bill to be entitled |
| 2 | An act relating to statewide cable television franchises; |
| 3 | providing a short title; providing legislative findings; |
| 4 | amending s. 202.24, F.S.; prohibiting counties and |
| 5 | municipalities from negotiating terms and conditions |
| 6 | relating to cable services; deleting authorization to |
| 7 | negotiate; revising application to existing ordinances or |
| 8 | franchise agreements; amending s. 337.401, F.S.; deleting |
| 9 | authorization for counties and municipalities to award |
| 10 | cable service franchises and a restriction that cable |
| 11 | service companies not operate without such a franchise; |
| 12 | amending s. 337.4061, F.S.; revising definitions; creating |
| 13 | ss. 610.102, 610.103, 610.104, 610.105, 610.107, 610.1075, |
| 14 | 610.108, 610.109, 610.1105, 610.1115, 610.112, 610.113, |
| 15 | 610.114, 610.115, 610.116, 610.117, 610.118, and 610.119, |
| 16 | F.S.; designating the Department of State as the |
| 17 | franchising authority; prohibiting counties and |
| 18 | municipalities from granting new franchises for cable |
| 19 | services after a certain date; providing definitions; |
| 20 | authorizing counties and municipalities to enact a |
| 21 | standard cable ordinance for providing cable service; |
| 22 | providing notice requirements; providing ordinance |
| 23 | requirements; providing construction relating to authority |
| 24 | over communications services other than cable service or |
| 25 | competitive video programming services; providing for a |
| 26 | statutory certificate of franchise authority from the |
| 27 | state in absence of standard cable ordinance enactment; |
| 28 | providing eligibility requirements; specifying required |
| 29 | provisions of standard cable ordinance; providing for |
| 30 | optional provisions of a standard cable ordinance; |
| 31 | providing application procedures and requirements for a |
| 32 | statutory certificate of franchise authority; providing |
| 33 | for issuing certificates of franchise authority; providing |
| 34 | eligibility requirements and criteria for a certificate; |
| 35 | authorizing the department to adopt rules; authorizing the |
| 36 | department to revoke certificates under certain |
| 37 | circumstances; providing for an application form; |
| 38 | providing for fees; specifying authority contained in a |
| 39 | certificate of authority; providing conditions of |
| 40 | eligibility of incumbent cable service providers to seek |
| 41 | an ordinance or statutory certificate of authority; |
| 42 | prohibiting the department from imposing taxes, fees, or |
| 43 | charges on a cable service provider to issue a |
| 44 | certificate; requiring certificateholders to make cable |
| 45 | service available at certain public buildings under |
| 46 | certain circumstances; imposing certain customer service |
| 47 | requirements on cable service providers; requiring the |
| 48 | Department of Agriculture and Consumer Services to receive |
| 49 | customer service complaints; requiring provision of |
| 50 | public, educational, and governmental access channels or |
| 51 | capacity equivalent; providing criteria, requirements, and |
| 52 | procedures; providing exceptions; providing |
| 53 | responsibilities of municipalities and counties relating |
| 54 | to such channels; providing for enforcement; providing |
| 55 | requirements for and limitations on counties and |
| 56 | municipalities relating to access to public right-of-way; |
| 57 | prohibiting counties and municipalities from imposing |
| 58 | additional requirements on certificateholders; authorizing |
| 59 | counties and municipalities to require permits of |
| 60 | certificateholders relating to public right-of-way; |
| 61 | providing permit criteria and requirements; prohibiting |
| 62 | discrimination between cable service subscribers; |
| 63 | providing for enforcement; providing for determinations of |
| 64 | violations; providing for enforcement of compliance by |
| 65 | certificateholders; providing applicability to competitive |
| 66 | video programming services; providing report requirements; |
| 67 | providing enforcement limitations; providing severability; |
| 68 | creating s. 364.1605, F.S.; specifying duties for certain |
| 69 | incumbent local exchange carriers relating to voice-over- |
| 70 | Internet protocols; specifying application of certain |
| 71 | federal standards for certain requests of incumbent local |
| 72 | exchange carries; providing definitions; repealing s. |
| 73 | 166.046, F.S., relating to definitions and minimum |
| 74 | standards for cable television franchises imposed upon |
| 75 | counties and municipalities; amending ss. 350.81 and |
| 76 | 364.0361, F.S.; conforming cross-references; providing an |
| 77 | effective date. |
| 78 |
|
| 79 | Be It Enacted by the Legislature of the State of Florida: |
| 80 |
|
| 81 | Section 1. This act may be cited as the "Consumer |
| 82 | Broadband Choice Act of 2007." |
| 83 | Section 2. Legislative findings.-- |
| 84 | (1) The Legislature finds that: |
| 85 | (a) Cable programming services provide numerous benefits |
| 86 | to the health, safety, and welfare of the residents of this |
| 87 | state, including access to a variety of news, public |
| 88 | information, education, and entertainment programming. |
| 89 | (b) The state should bring uniformity and efficiency to |
| 90 | the cable service franchising authorization process that allows |
| 91 | market participants to use their networks and systems to provide |
| 92 | video, voice, and broadband services to the residents of this |
| 93 | state. |
| 94 | (2) The Legislature finds as a matter of important |
| 95 | statewide concern that reformation of the franchising process is |
| 96 | necessary to: |
| 97 | (a) Create a fair and level playing field for all market |
| 98 | competitors that does not disadvantage or advantage one service |
| 99 | provider or technology over another. |
| 100 | (b) Promote the widespread access to advanced cable |
| 101 | services to all communities in this state in a nondiscriminatory |
| 102 | manner regardless of socioeconomic status. |
| 103 | (c) Maintain local government communications services tax |
| 104 | revenues and control of public rights-of-way. |
| 105 | (d) Complement efforts to increase investment in broadband |
| 106 | infrastructure and close the digital divide. |
| 107 | (e) Continue access to and maintenance of public, |
| 108 | education, and government (PEG) channels. |
| 109 | (3) The Legislature finds that providing an incumbent |
| 110 | cable operator with the option to secure a standard ordinance or |
| 111 | statutory certificate franchise through the preemption of an |
| 112 | existing cable franchise between a cable operator and any |
| 113 | political subdivision of the state, including, but not limited |
| 114 | to, any municipality or county, is an essential element of the |
| 115 | new regulatory framework established by this act as a matter of |
| 116 | statewide concern to best ensure equal protection and parity |
| 117 | among providers and technologies, as well as to achieve the |
| 118 | goals stated by the Legislature in enacting this act. |
| 119 | Section 3. Paragraphs (a) and (c) of subsection (2) of |
| 120 | section 202.24, Florida Statutes, are amended to read: |
| 121 | 202.24 Limitations on local taxes and fees imposed on |
| 122 | dealers of communications services.-- |
| 123 | (2)(a) Except as provided in paragraph (c), each public |
| 124 | body is prohibited from: |
| 125 | 1. Levying on or collecting from dealers or purchasers of |
| 126 | communications services any tax, charge, fee, or other |
| 127 | imposition on or with respect to the provision or purchase of |
| 128 | communications services. |
| 129 | 2. Requiring any dealer of communications services to |
| 130 | enter into or extend the term of a franchise or other agreement |
| 131 | that requires the payment of a tax, charge, fee, or other |
| 132 | imposition. |
| 133 | 3. Adopting or enforcing any provision of any ordinance or |
| 134 | agreement to the extent that such provision obligates a dealer |
| 135 | of communications services to charge, collect, or pay to the |
| 136 | public body a tax, charge, fee, or other imposition. |
| 137 |
|
| 138 | Municipalities and counties may not negotiate the Each |
| 139 | municipality and county retains authority to negotiate all terms |
| 140 | and conditions of a cable service franchise allowed by federal |
| 141 | and state law except those terms and conditions related to |
| 142 | franchise fees or and the definition of gross revenues or other |
| 143 | definitions or methodologies related to the payment or |
| 144 | assessment of franchise fees on providers of cable services. |
| 145 | (c) This subsection does not apply to: |
| 146 | 1. Local communications services taxes levied under this |
| 147 | chapter. |
| 148 | 2. Ad valorem taxes levied pursuant to chapter 200. |
| 149 | 3. Occupational license taxes levied under chapter 205. |
| 150 | 4. "911" service charges levied under chapter 365. |
| 151 | 5. Amounts charged for the rental or other use of property |
| 152 | owned by a public body which is not in the public rights-of-way |
| 153 | to a dealer of communications services for any purpose, |
| 154 | including, but not limited to, the placement or attachment of |
| 155 | equipment used in the provision of communications services. |
| 156 | 6. Permit fees of general applicability which are not |
| 157 | related to placing or maintaining facilities in or on public |
| 158 | roads or rights-of-way. |
| 159 | 7. Permit fees related to placing or maintaining |
| 160 | facilities in or on public roads or rights-of-way pursuant to s. |
| 161 | 337.401. |
| 162 | 8. Any in-kind requirements, institutional networks, or |
| 163 | contributions for, or in support of, the use or construction of |
| 164 | public, educational, or governmental access facilities allowed |
| 165 | under federal law and imposed on providers of cable service |
| 166 | pursuant to any existing ordinance or an existing franchise |
| 167 | agreement granted by each municipality or county, under which |
| 168 | ordinance or franchise agreement service is provided prior to |
| 169 | July 1, 2007. Nothing in this subparagraph shall prohibit the |
| 170 | ability of providers of cable service to recover such expenses |
| 171 | as allowed under federal law. |
| 172 | 9. Special assessments and impact fees. |
| 173 | 10. Pole attachment fees that are charged by a local |
| 174 | government for attachments to utility poles owned by the local |
| 175 | government. |
| 176 | 11. Utility service fees or other similar user fees for |
| 177 | utility services. |
| 178 | 12. Any other generally applicable tax, fee, charge, or |
| 179 | imposition authorized by general law on July 1, 2000, which is |
| 180 | not specifically prohibited by this subsection or included as a |
| 181 | replaced revenue source in s. 202.20. |
| 182 | Section 4. Paragraphs (a), (e), and (f) of subsection (3) |
| 183 | of section 337.401, Florida Statutes, are amended to read: |
| 184 | 337.401 Use of right-of-way for utilities subject to |
| 185 | regulation; permit; fees.-- |
| 186 | (3)(a)1. Because of the unique circumstances applicable to |
| 187 | providers of communications services, including, but not limited |
| 188 | to, the circumstances described in paragraph (e) and the fact |
| 189 | that federal and state law require the nondiscriminatory |
| 190 | treatment of providers of telecommunications services, and |
| 191 | because of the desire to promote competition among providers of |
| 192 | communications services, it is the intent of the Legislature |
| 193 | that municipalities and counties treat providers of |
| 194 | communications services in a nondiscriminatory and competitively |
| 195 | neutral manner when imposing rules or regulations governing the |
| 196 | placement or maintenance of communications facilities in the |
| 197 | public roads or rights-of-way. Rules or regulations imposed by a |
| 198 | municipality or county relating to providers of communications |
| 199 | services placing or maintaining communications facilities in its |
| 200 | roads or rights-of-way must be generally applicable to all |
| 201 | providers of communications services and, notwithstanding any |
| 202 | other law, may not require a provider of communications |
| 203 | services, except as otherwise provided in subparagraph 2., to |
| 204 | apply for or enter into an individual license, franchise, or |
| 205 | other agreement with the municipality or county as a condition |
| 206 | of placing or maintaining communications facilities in its roads |
| 207 | or rights-of-way. In addition to other reasonable rules or |
| 208 | regulations that a municipality or county may adopt relating to |
| 209 | the placement or maintenance of communications facilities in its |
| 210 | roads or rights-of-way under this subsection, a municipality or |
| 211 | county may require a provider of communications services that |
| 212 | places or seeks to place facilities in its roads or rights-of- |
| 213 | way to register with the municipality or county and to provide |
| 214 | the name of the registrant; the name, address, and telephone |
| 215 | number of a contact person for the registrant; the number of the |
| 216 | registrant's current certificate of authorization issued by the |
| 217 | Florida Public Service Commission, or the Federal Communications |
| 218 | Commission, or the Department of State; and proof of insurance |
| 219 | or self-insuring status adequate to defend and cover claims. For |
| 220 | the purposes of this section, the term "communications service" |
| 221 | includes "cable service" as defined in s. 610.103 and |
| 222 | "competitive video programming services" as defined in s. |
| 223 | 610.117. |
| 224 | 2. Notwithstanding the provisions of subparagraph 1., a |
| 225 | municipality or county may, as provided by 47 U.S.C. s. 541, |
| 226 | award one or more franchises within its jurisdiction for the |
| 227 | provision of cable service, and a provider of cable service |
| 228 | shall not provide cable service without such franchise. Each |
| 229 | municipality and county retains authority to negotiate all terms |
| 230 | and conditions of a cable service franchise allowed by federal |
| 231 | law and s. 166.046, except those terms and conditions related to |
| 232 | franchise fees and the definition of gross revenues or other |
| 233 | definitions or methodologies related to the payment or |
| 234 | assessment of franchise fees and permit fees as provided in |
| 235 | paragraph (c) on providers of cable services. A municipality or |
| 236 | county may exercise its right to require from providers of cable |
| 237 | service in-kind requirements, including, but not limited to, |
| 238 | institutional networks, and contributions for, or in support of, |
| 239 | the use or construction of public, educational, or governmental |
| 240 | access facilities to the extent permitted by federal law. A |
| 241 | provider of cable service may exercise its right to recover any |
| 242 | such expenses associated with such in-kind requirements, to the |
| 243 | extent permitted by federal law. |
| 244 | (e) The authority of municipalities and counties to |
| 245 | require franchise fees from providers of communications |
| 246 | services, with respect to the provision of communications |
| 247 | services, is specifically preempted by the state, except as |
| 248 | otherwise provided in subparagraph (a)2., because of unique |
| 249 | circumstances applicable to providers of communications services |
| 250 | when compared to other utilities occupying municipal or county |
| 251 | roads or rights-of-way. Providers of communications services may |
| 252 | provide similar services in a manner that requires the placement |
| 253 | of facilities in municipal or county roads or rights-of-way or |
| 254 | in a manner that does not require the placement of facilities in |
| 255 | such roads or rights-of-way. Although similar communications |
| 256 | services may be provided by different means, the state desires |
| 257 | to treat providers of communications services in a |
| 258 | nondiscriminatory manner and to have the taxes, franchise fees, |
| 259 | and other fees paid by providers of communications services be |
| 260 | competitively neutral. Municipalities and counties retain all |
| 261 | existing authority, if any, to collect franchise fees from users |
| 262 | or occupants of municipal or county roads or rights-of-way other |
| 263 | than providers of communications services, and the provisions of |
| 264 | this subsection shall have no effect upon this authority. The |
| 265 | provisions of this subsection do not restrict the authority, if |
| 266 | any, of municipalities or counties or other governmental |
| 267 | entities to receive reasonable rental fees based on fair market |
| 268 | value for the use of public lands and buildings on property |
| 269 | outside the public roads or rights-of-way for the placement of |
| 270 | communications antennas and towers. |
| 271 | (f) Except as expressly allowed or authorized by general |
| 272 | law and except for the rights-of-way permit fees subject to |
| 273 | paragraph (c), a municipality or county may not levy on a |
| 274 | provider of communications services a tax, fee, or other charge |
| 275 | or imposition for operating as a provider of communications |
| 276 | services within the jurisdiction of the municipality or county |
| 277 | which is in any way related to using its roads or rights-of-way. |
| 278 | A municipality or county may not require or solicit in-kind |
| 279 | compensation, except as otherwise provided in s. 610.1075(2) |
| 280 | subparagraph (a)2. Nothing in this paragraph shall impair any |
| 281 | ordinance or agreement in effect on May 22, 1998, or any |
| 282 | voluntary agreement entered into subsequent to that date, which |
| 283 | provides for or allows in-kind compensation by a |
| 284 | telecommunications company. |
| 285 | Section 5. Section 337.4061, Florida Statutes, is amended |
| 286 | to read: |
| 287 | 337.4061 Definitions; unlawful use of state-maintained |
| 288 | road right-of-way by nonfranchised cable television services.-- |
| 289 | (1) As used in this section, the term: |
| 290 | (a) "Cable service" means: |
| 291 | 1. The one-way transmission to subscribers of video |
| 292 | programming or any other programming service; and |
| 293 | 2. Subscriber interaction, if any, which is required for |
| 294 | the selection or use of such video programming or other |
| 295 | programming service. |
| 296 | (b) "Cable system" means a facility, consisting of a set |
| 297 | of closed transmission paths and associated signal generation, |
| 298 | reception, and control equipment that is designed to provide |
| 299 | cable service which includes video programming and which is |
| 300 | provided to multiple subscribers within a community, but such |
| 301 | term does not include: |
| 302 | 1. A facility that serves only to retransmit the |
| 303 | television signals of one or more television broadcast stations; |
| 304 | 2. A facility that serves only subscribers without using |
| 305 | in one or more multiple-unit dwellings under common ownership, |
| 306 | control, or management, unless such facility or facilities use |
| 307 | any public right-of-way; |
| 308 | 3. A facility of a common carrier that is subject, in |
| 309 | whole or in part, to the provisions of Title II of the Federal |
| 310 | Cable Act, except that such facility shall be considered a cable |
| 311 | system other than for purposes of s. 621(c) of the Federal Cable |
| 312 | Act to the extent such facility is used in the transmission of |
| 313 | video programming directly to subscribers, unless the extent of |
| 314 | such use is solely to provide interactive on-demand services; or |
| 315 | 4. An open video system that complies with s. 653 of the |
| 316 | Federal Cable Act; or |
| 317 | 5.4. Any facilities of any electric utility used solely |
| 318 | for operating its electric utility systems. |
| 319 | (c) "Franchise" means an initial authorization or renewal |
| 320 | thereof issued by a franchising authority, whether such |
| 321 | authorization is designated as a franchise, permit, license, |
| 322 | resolution, contract, certificate, agreement, or otherwise, |
| 323 | which authorizes the construction or operation of a cable |
| 324 | system. |
| 325 | (d) "Franchising authority" means any governmental entity |
| 326 | empowered by federal, state, or local law to grant a franchise. |
| 327 | (e) "Person" means an individual, partnership, |
| 328 | association, joint stock company, trust, corporation, or |
| 329 | governmental entity. |
| 330 | (f) "Video programming" means programming provided by or |
| 331 | generally considered comparable to programming provided by a |
| 332 | television broadcast station or cable system. |
| 333 | (2) It is unlawful to use the right-of-way of any state- |
| 334 | maintained road, including appendages thereto, and also |
| 335 | including, but not limited to, rest areas, wayside parks, boat- |
| 336 | launching ramps, weigh stations, and scenic easements, to |
| 337 | provide for cable service over a cable system purposes within a |
| 338 | geographic area subject to a valid existing franchise for cable |
| 339 | service, unless the cable system using such right-of-way holds a |
| 340 | franchise from a franchising authority the municipality or |
| 341 | county for the area in which the right-of-way is located. |
| 342 | (3) A violation of this section shall be deemed a |
| 343 | violation of s. 337.406. |
| 344 | Section 6. Sections 610.102, 610.103, 610.104, 610.105, |
| 345 | 610.107, 610.1075, 610.108, 610.109, 610.1105, 610.1115, |
| 346 | 610.112, 610.113, 610.114, 610.115, 610.116, 610.117, 610.118, |
| 347 | and 610.119, Florida Statutes, are created to read: |
| 348 | 610.102 Authority to issue cable franchise.--The |
| 349 | department shall be designated as the franchising authority, |
| 350 | pursuant to 47 U.S.C. s. 522(10), for an ordinance or statutory |
| 351 | franchise for the provision of cable service. A municipality or |
| 352 | county may not grant a new franchise for the provision of cable |
| 353 | service within its jurisdiction after the effective date of this |
| 354 | act. |
| 355 | 610.103 Definitions.--As used in this chapter, the term: |
| 356 | (1) "Cable service" means: |
| 357 | (a) The one-way transmission to subscribers of video |
| 358 | programming or any other programming service; and |
| 359 | (b) Subscriber interaction, if any, that is required for |
| 360 | the selection or use of such video programming or other |
| 361 | programming service. |
| 362 | (2) "Cable service provider" means a person that provides |
| 363 | cable service over a cable system. |
| 364 | (3) "Cable system" means a facility consisting of a set of |
| 365 | closed transmission paths and associated signal generation, |
| 366 | reception, and control equipment that is designed to provide |
| 367 | cable service that includes video programming and that is |
| 368 | provided to multiple subscribers within a community, but such |
| 369 | term does not include: |
| 370 | (a) A facility that serves only to retransmit the |
| 371 | television signals of one or more television broadcast stations; |
| 372 | (b) A facility that serves subscribers without using any |
| 373 | public right-of-way; |
| 374 | (c) A facility of a common carrier that is subject, in |
| 375 | whole or in part, to the provisions of Title II of the Federal |
| 376 | Cable Act, except that such facility shall be considered a cable |
| 377 | system other than for purposes of s. 621(c) of the Federal Cable |
| 378 | Act only to the extent such facility is used in the transmission |
| 379 | of video programming directly to subscribers, unless the extent |
| 380 | of such use is solely to provide interactive on-demand services; |
| 381 | (d) An open video system that complies with s. 653 of the |
| 382 | Federal Cable Act; or |
| 383 | (e) Any facilities of any electric utility used solely for |
| 384 | operating its electric utility systems. |
| 385 | (4) "Certificateholder" means a cable service provider or |
| 386 | a competitive video programming services provider that has been |
| 387 | issued and holds an ordinance or statutory certificate of |
| 388 | franchise authority from the department. |
| 389 | (5) "Department" means the Department of State. |
| 390 | (6) "Franchise" or "franchise authority" means an initial |
| 391 | authorization or renewal of an authorization, regardless of |
| 392 | whether the authorization is designated as a franchise, permit, |
| 393 | license, resolution, contract, certificate, agreement, or |
| 394 | otherwise, to construct and operate a cable system in the public |
| 395 | right-of-way. |
| 396 | (7) "Incumbent cable service provider" means the cable |
| 397 | service provider serving cable subscribers in a particular |
| 398 | municipal or county franchise area on July 1, 2007, subject to |
| 399 | an unexpired franchise agreement. |
| 400 | (8) "Public right-of-way" means the area on, below, or |
| 401 | above a public roadway, highway, street, sidewalk, or alley, |
| 402 | including, but not limited to, a municipal, county, state, |
| 403 | district, or other public roadway, highway, street, sidewalk, or |
| 404 | alley. |
| 405 | (9) "Video programming" means programming provided by, or |
| 406 | generally considered comparable to programming provided by, a |
| 407 | television broadcast station as set forth in 47 U.S.C. s. |
| 408 | 522(20). |
| 409 | 610.104 Standard cable ordinance; ordinance certificate of |
| 410 | franchise authority.-- |
| 411 | (1) A municipality or county may enact a standard cable |
| 412 | ordinance for the provision of cable service over a cable system |
| 413 | within its jurisdiction within 90 days after a request by an |
| 414 | entity or person, other than the incumbent cable service |
| 415 | provider, seeking to provide cable service over a cable system |
| 416 | in whole or in part within that municipality or county but in no |
| 417 | event later than January 1, 2009. A municipality must, at least |
| 418 | 10 days prior to consideration on first reading, and a county |
| 419 | must, at least 15 days prior to consideration at a public |
| 420 | hearing, provide notice to the Secretary of State of a proposed |
| 421 | standard cable ordinance. The notice required by this subsection |
| 422 | must be published by the Secretary of State on a designated |
| 423 | Internet website. |
| 424 | (2) A standard cable ordinance shall contain each of the |
| 425 | terms and conditions set forth in s. 610.107 using the precise |
| 426 | language contained in that section. The standard cable ordinance |
| 427 | may contain any or all of the provisions in s. 610.1075 and |
| 428 | shall not impose any other terms or conditions upon a cable |
| 429 | service provider. If a municipality or county enacts a standard |
| 430 | cable ordinance within the 90-day period that complies with the |
| 431 | requirements of this section, an entity or person seeking to |
| 432 | provide cable service over a cable system in whole or in part |
| 433 | within that municipality or county shall file its application |
| 434 | for an ordinance certificate pursuant to the terms and |
| 435 | conditions set forth in s. 610.107 with the municipality or |
| 436 | county. Upon determining that an applicant has met the criteria |
| 437 | as set forth in s. 610.107, the municipality or county shall |
| 438 | immediately issue notice of compliance to the department, |
| 439 | whereupon the department shall issue an ordinance certificate of |
| 440 | franchise authority that contains all of the terms set forth in |
| 441 | s. 610.108(4) within 5 business days. The standard cable |
| 442 | ordinance enacted by a municipality or county pursuant to, and |
| 443 | in conformance with, the requirements of this chapter shall |
| 444 | supersede any existing cable ordinance enacted by the county or |
| 445 | municipality with regard to any cable service provider electing |
| 446 | to apply for or operating under a standard ordinance |
| 447 | certificate. A municipality or county may not change the terms |
| 448 | of any ordinance adopted pursuant to this section, except that |
| 449 | the municipality or county may change terms adopted pursuant to |
| 450 | s. 610.1075 after a period of 10 years after the date of initial |
| 451 | enactment of the standard ordinance and every 10 years |
| 452 | thereafter, subject to the limits set forth in s. 610.1075(1)- |
| 453 | (7). |
| 454 | (3) Nothing in this act shall be construed to give any |
| 455 | local government or the department any authority over any |
| 456 | communications service other than cable service or competitive |
| 457 | video programming services whether offered on a common carrier |
| 458 | or private contract basis. |
| 459 | 610.105 Statutory certificate.--In the event a |
| 460 | municipality or county fails to enact the standard cable |
| 461 | ordinance permitted by s. 610.104 within 90 days after a request |
| 462 | or before January 1, 2009, whichever is earlier, or fails to |
| 463 | provide notice of compliance with the department to allow the |
| 464 | department to issue an ordinance certificate pursuant to the |
| 465 | standard cable ordinance within the period set forth in s. |
| 466 | 610.107(3), an entity or person seeking to provide cable service |
| 467 | over a cable system in whole or in part within that municipality |
| 468 | or county shall file for a statutory certificate of franchise |
| 469 | authority with the department as set forth in s. 610.108. |
| 470 | 610.106 Eligibility.--An entity providing cable service |
| 471 | under an unexpired franchise agreement with a municipality or |
| 472 | county as of July 1, 2007 is not eligible to apply for an |
| 473 | ordinance or statutory certificate of franchise authority with |
| 474 | respect to such municipality or county until the franchise |
| 475 | agreement expires, except as provided by s. 610.109(2). An |
| 476 | entity providing cable service may seek an ordinance or |
| 477 | statutory certificate to provide service in areas where the |
| 478 | entity currently does not have an existing franchise agreement |
| 479 | as of July 1, 2007. |
| 480 | 610.107 Required provisions of standard cable |
| 481 | ordinance.--A municipality or county electing to enact a |
| 482 | standard cable ordinance pursuant to s. 610.104 must adopt the |
| 483 | provisions set forth in subsections (1)-(11): |
| 484 | (1) An entity or person seeking to provide cable service |
| 485 | over a cable system located in whole or in part within the |
| 486 | applicable municipality or county must submit to the applicable |
| 487 | municipal or county agency an affidavit signed by an officer or |
| 488 | general partner of the applicant affirming: |
| 489 | (a) That the applicant has filed or will timely file with |
| 490 | the Federal Communications Commission all forms required by that |
| 491 | agency in advance of offering cable service in this state. |
| 492 | (b) That the applicant agrees to comply with all |
| 493 | applicable federal and state laws and regulations, to the extent |
| 494 | that such state laws and rules are not in conflict with or |
| 495 | superseded by the provisions of chapter 610 and s. 337.401, |
| 496 | Florida Statutes, or other applicable state law. |
| 497 | (c) That the applicant agrees to comply with all lawful |
| 498 | state laws and rules and municipal and county ordinances and |
| 499 | regulations regarding the placement and maintenance of |
| 500 | communications facilities in the public right-of-way that are |
| 501 | generally applicable to providers of communications services in |
| 502 | accordance with s. 337.401, Florida Statutes. |
| 503 | (d) A description of the service area for which the |
| 504 | applicant seeks certificate of franchise authority, which shall |
| 505 | be coextensive with municipal, county, or other political |
| 506 | boundaries. For applicants with existing communications |
| 507 | facilities, the service area shall be coextensive with any |
| 508 | provider's existing network boundaries. |
| 509 | (e) The location of the applicant's principal place of |
| 510 | business and the names of the applicant's principal executive |
| 511 | officers. |
| 512 | (f) That the applicant is authorized to do business in the |
| 513 | state. |
| 514 | (g) That the applicant has sufficient technical, |
| 515 | financial, and managerial capability to provide cable service |
| 516 | within the service area for which the applicant seeks a |
| 517 | certificate of franchise authority. At the time of filing the |
| 518 | affidavit, the applicant shall furnish its most recent |
| 519 | unqualified audited financial statement if a publicly available |
| 520 | audited financial report for the applicant or its parent entity |
| 521 | is not available. |
| 522 | (h) That neither the applicant nor any of its current |
| 523 | principal executive officers are under indictment or have been |
| 524 | convicted of a felony in this state. |
| 525 | (2) Before the 10th business day after an applicant for a |
| 526 | certificate of franchise authority submits the affidavit |
| 527 | described in subsection (1), the applicable municipal or county |
| 528 | agency shall notify the applicant whether the applicant's |
| 529 | affidavit is complete. If the applicable municipal or county |
| 530 | agency finds that the application is incomplete, the applicable |
| 531 | municipal or county agency must specify with particularity the |
| 532 | corrective action required and permit the applicant to amend the |
| 533 | application to cure any deficiency. |
| 534 | (3) The applicable municipal or county agency shall |
| 535 | provide a notice of compliance to the Department of State before |
| 536 | the 15th business day after receipt of an affidavit submitted by |
| 537 | an applicant pursuant to subsection (1), except that, if the |
| 538 | applicable municipal or county agency provides notice before the |
| 539 | 10th business day after receipt of the affidavit that the |
| 540 | affidavit is not complete pursuant to subsection (2), the |
| 541 | applicable municipal or county agency shall submit a notice of |
| 542 | compliance to the Department of State within 5 business days |
| 543 | after receipt of an amended affidavit. |
| 544 | (4) After the Department of State issues an ordinance |
| 545 | certificate of franchise authority pursuant to s. 610.104, the |
| 546 | applicant shall have the right to provide cable service over a |
| 547 | cable system as requested in the affidavit and shall have the |
| 548 | right to construct, maintain, and operate facilities through, |
| 549 | upon, over, and under any public right-of-way or waters within |
| 550 | the applicable municipality or county. |
| 551 | (5) A certificateholder may include additional service |
| 552 | areas within the applicable municipality or county in its |
| 553 | current ordinance certificate by filing notice with the |
| 554 | applicable municipal or county agency and the Department of |
| 555 | State that reflects the new service area or areas to be served. |
| 556 | (6) The ordinance certificate is fully transferable to any |
| 557 | successor in interest to the applicant to which the certificate |
| 558 | is initially granted. A notice of transfer shall be filed with |
| 559 | the applicable municipal or county agency and the Department of |
| 560 | State within 14 business days following the completion of such |
| 561 | transfer. |
| 562 | (7) The certificate of franchise authority issued by the |
| 563 | department may be terminated by the cable service provider by |
| 564 | submitting notice to the applicable municipal or county agency |
| 565 | and the Department of State. |
| 566 | (8) An applicant may challenge a denial of an application |
| 567 | or any failure to act by the [applicable municipal or county |
| 568 | agency] in a court of competent jurisdiction through a petition |
| 569 | for a writ of mandamus. |
| 570 | (9) The applicable municipal or county agency may adopt a |
| 571 | standard application form, in which case the application shall |
| 572 | be on such form. |
| 573 | (10) For the purposes of this ordinance, the definitions |
| 574 | set forth in s. 610.103 shall apply. |
| 575 | (11) After the effective date of the ordinance, a cable |
| 576 | service provider operating under a franchise agreement granted |
| 577 | by the applicable municipality or county prior to the effective |
| 578 | date of the ordinance may elect to terminate its existing |
| 579 | franchise agreement pursuant to s. 610.109 and obtain an |
| 580 | ordinance franchise hereunder. |
| 581 | 610.1075 Optional provisions of standard cable |
| 582 | ordinance.--A municipality or county electing to enact a |
| 583 | standard cable ordinance pursuant to s. 610.104 may include |
| 584 | provisions that: |
| 585 | (1) Establish the number of public, educational, and |
| 586 | governmental access channels that each cable service provider |
| 587 | must provide, upon request, to the municipality or county, as |
| 588 | follows: |
| 589 | (a) A municipality or county may require an ordinance |
| 590 | certificateholder, within 180 days following a request from such |
| 591 | municipality or county, to designate a sufficient amount of |
| 592 | capacity on its network to allow the provision of the same |
| 593 | number of public, educational, and governmental access channels |
| 594 | or functional equivalent that a municipality or county has |
| 595 | activated under the incumbent cable service provider's franchise |
| 596 | agreement as of January 1, 2007. Upon the earlier of the |
| 597 | expiration or termination of the incumbent cable service |
| 598 | providers' franchise agreement, the maximum number of channels |
| 599 | or capacity shall be as set forth in paragraph (b). For the |
| 600 | purposes of this section, a public, educational, or governmental |
| 601 | channel is deemed activated if the channel is being used for |
| 602 | public, educational, or governmental programming within the |
| 603 | municipality or county for at least 8 hours per day of locally |
| 604 | produced original programming, excluding without limitation |
| 605 | repeat and character-generated programming, for any six |
| 606 | consecutive-month period. The municipality or county may |
| 607 | require, within 180 days following a request from such |
| 608 | municipality or county, additional channels or functional |
| 609 | capacity up to the equivalent permitted under the incumbent |
| 610 | cable service provider's franchise agreement as of January 1, |
| 611 | 2007, until such agreement expires or is terminated. |
| 612 | (b) If a municipality or county did not have public, |
| 613 | educational, or governmental access channels activated under the |
| 614 | incumbent cable service provider's franchise agreement as of |
| 615 | January 1, 2007, the municipality or county may require the |
| 616 | ordinance certificateholder to furnish, not later than 180 days |
| 617 | following a request by the municipality or county: |
| 618 | 1. Up to three public, educational, or governmental |
| 619 | channels or capacity equivalent for a municipality or county |
| 620 | with a population of at least 50,000. |
| 621 | 2. Up to two public, educational, or governmental channels |
| 622 | or capacity equivalent for a municipality or county with a |
| 623 | population of less than 50,000. |
| 624 |
|
| 625 | The limits in sub-subparagraphs 1. and 2. constitute the total |
| 626 | number of public, educational, or governmental channels that may |
| 627 | be designated on any cable service provider's network using a |
| 628 | single headend, or on all commonly owned cable service |
| 629 | provider's networks that share a common headend, regardless of |
| 630 | the number of cities or counties served from such headend, |
| 631 | provided that the populations of all cities and counties served |
| 632 | by such provider's networks shall be aggregated for purposes of |
| 633 | applying such limits. |
| 634 | (c) A cable service provider may locate any public, |
| 635 | educational, or governmental access channel on any tier of |
| 636 | service offered that is viewed by at least 40 percent of the |
| 637 | provider's subscribers. |
| 638 | (d) All other provisions of s. 610.113 shall apply to the |
| 639 | provision of public, educational, or governmental access |
| 640 | channels by an ordinance certificateholder. |
| 641 | (2) Provide that if the municipality or county was |
| 642 | entitled on July 1, 2007, to receive recurring or nonrecurring |
| 643 | cash or other payments to support the capital or operating costs |
| 644 | of public, educational, and governmental access facilities |
| 645 | pursuant to the terms of the incumbent cable service provider's |
| 646 | franchise, the municipality or county may require an ordinance |
| 647 | certificateholder to make the same cash or other payments until |
| 648 | the earlier of the termination or expiration date of the |
| 649 | incumbent cable service provider's franchise agreement existing |
| 650 | as of July 1, 2007. Upon expiration or termination of the |
| 651 | incumbent cable service provider's franchise, any cash or other |
| 652 | payments shall be prohibited. |
| 653 | (3) Require each ordinance certificateholder, if requested |
| 654 | pursuant to a bona fide order for cable service, to make cable |
| 655 | service available at any building located within 125 feet of a |
| 656 | certificateholder's existing distribution plant, provided such |
| 657 | buildings are used for municipal or county purposes, including, |
| 658 | but not limited to, emergency operations centers, fire stations, |
| 659 | and public schools within the area described in its application |
| 660 | including any amendments to such application. The municipality |
| 661 | or county shall be responsible for any connectivity beyond the |
| 662 | first 125 feet. The municipality or county shall be responsible |
| 663 | for obtaining authority for the certificateholder to gain access |
| 664 | to any leased facility to provide the services described in this |
| 665 | section on terms that are reasonably acceptable to the |
| 666 | certificateholder and at no cost to the certificateholder. |
| 667 | (4) Identify and cross-reference other municipal and |
| 668 | county ordinances and regulations regarding the placement and |
| 669 | maintenance of communications facilities in the public right-of- |
| 670 | way with which each ordinance certificateholder must comply. Any |
| 671 | other ordinance and regulation identified and cross-referenced |
| 672 | in the standard cable ordinance shall be generally applicable to |
| 673 | all providers of communications services in accordance with s. |
| 674 | 337.401. |
| 675 | (5) Require an incumbent cable service provider to comply |
| 676 | with customer service requirements reasonably comparable to, and |
| 677 | that do not exceed, the standards in 47 C.F.R. s. 76.309(c). |
| 678 | Such requirements shall only apply until there are two or more |
| 679 | providers offering cable service or competitive video |
| 680 | programming services in the relevant service area. In addition, |
| 681 | the municipality or county may require that cable service |
| 682 | quality complaints from customers of an ordinance |
| 683 | certificateholder within the jurisdiction of the municipality or |
| 684 | county be filed with an appropriate municipal or county office |
| 685 | or agency. This subsection shall not be construed to permit the |
| 686 | municipality or county to impose customer service standards in |
| 687 | conflict with this section. |
| 688 | 610.108 Application process; statutory certificate of |
| 689 | franchise authority.--When a person or entity applies for a |
| 690 | statutory certificate of franchise authority under s. 610.105, |
| 691 | the following provisions apply: |
| 692 | (1) Before the 10th business day after an applicant for a |
| 693 | certificate of franchise authority submits the affidavit |
| 694 | described in subsection (2), the department shall notify the |
| 695 | applicant whether the applicant's affidavit is complete. If the |
| 696 | department denies the application, the department shall specify |
| 697 | with particularity the reasons for the denial and permit the |
| 698 | applicant to amend the application to cure any deficiency. The |
| 699 | department shall act upon such amended application within 10 |
| 700 | business days. |
| 701 | (2) The department may establish a standard application |
| 702 | form that shall be limited to the specific information required |
| 703 | under subsection (3), in which case the application shall be on |
| 704 | such form and must be accompanied by a one-time application fee |
| 705 | established by the department, not to exceed $500 for the |
| 706 | applicant's initial application and no more than $50 for each of |
| 707 | the applicant's additional applications. The fee shall be based |
| 708 | on the costs incurred by the department in performing its duties |
| 709 | under this chapter For purposes of this subsection, a parent |
| 710 | company may file a single application covering itself and all of |
| 711 | its subsidiaries and affiliates intending to provide cable |
| 712 | service in the service areas throughout the state as described |
| 713 | in paragraph (3)(d), but the entity actually providing such |
| 714 | service in a given area shall otherwise be considered the |
| 715 | certificateholder under this act. |
| 716 | (3) The department shall issue a certificate of franchise |
| 717 | authority to offer cable service before the 30th business day |
| 718 | after receipt of a completed affidavit submitted by an applicant |
| 719 | and signed by an officer or general partner of the applicant |
| 720 | affirming: |
| 721 | (a) That the applicant has filed or will timely file with |
| 722 | the Federal Communications Commission all forms required by that |
| 723 | agency in advance of offering cable service in this state. |
| 724 | (b) That the applicant agrees to comply with all |
| 725 | applicable federal and state laws and regulations, to the extent |
| 726 | that such state laws and rules are not in conflict with or |
| 727 | superseded by the provisions of this chapter or other applicable |
| 728 | state law. |
| 729 | (c) That the applicant agrees to comply with all lawful |
| 730 | state laws and rules and municipal and county ordinances and |
| 731 | regulations regarding the placement and maintenance of |
| 732 | communications facilities in the public right-of-way that are |
| 733 | generally applicable to providers of communications services in |
| 734 | accordance with s. 337.401. |
| 735 | (d) A description of the service area for which the |
| 736 | applicant seeks a certificate of franchise authority, which |
| 737 | shall be coextensive with municipal, county, or other political |
| 738 | boundaries. For applicants with existing communications |
| 739 | facilities, the service area shall be coextensive with any |
| 740 | provider's existing network boundaries. |
| 741 | (e) The location of the applicant's principal place of |
| 742 | business and the names of the applicant's principal executive |
| 743 | officers. |
| 744 | (f) That the applicant is authorized by the department to |
| 745 | transact business in this state. |
| 746 | (g) That the applicant has sufficient technical, |
| 747 | financial, and managerial capability to provide cable service |
| 748 | within the service area for which the applicant seeks a |
| 749 | certificate of franchise authority. At the time of the filing of |
| 750 | the affidavit, the applicant shall furnish its most recent |
| 751 | unqualified audited financial statement if a publicly available |
| 752 | audited financial report for the applicant or its parent entity |
| 753 | is not available. |
| 754 | (h) That neither the applicant nor any of its current |
| 755 | principal executive officers are under indictment nor have been |
| 756 | convicted of a felony in this state. |
| 757 | (4) If the department fails to act on the application |
| 758 | within 30 business days after receiving the application, the |
| 759 | application shall be deemed granted by the department without |
| 760 | further action. |
| 761 | (5) The certificate of franchise authority issued by the |
| 762 | department shall contain: |
| 763 | (a) A grant of authority to provide cable service over a |
| 764 | cable system as requested in the application. |
| 765 | (b) A grant of authority to construct, maintain, and |
| 766 | operate facilities through, upon, over, and under any public |
| 767 | right-of-way. |
| 768 | (c) A statement that the grant of authority is subject to |
| 769 | lawful operation of the cable system to provide cable service by |
| 770 | the applicant or its successor in interest. |
| 771 | (6) A certificateholder that seeks to include additional |
| 772 | service areas in its current certificate shall file notice with |
| 773 | the department that reflects the new service area or areas to be |
| 774 | served consistent with the requirements of paragraph (3)(d). |
| 775 | (7) The certificate of franchise authority issued by the |
| 776 | department is fully transferable to any successor in interest to |
| 777 | the applicant to which the certificate is initially granted. A |
| 778 | notice of transfer shall be filed with the department and the |
| 779 | relevant municipality or county within 14 business days |
| 780 | following the completion of such transfer. |
| 781 | (8) The certificate of franchise authority issued by the |
| 782 | department may be terminated by the cable service provider by |
| 783 | submitting notice to the department. |
| 784 | (9) An applicant may challenge a denial of an application |
| 785 | by the department in a court of competent jurisdiction through a |
| 786 | petition for a writ of mandamus. |
| 787 | (10) The department may adopt any procedural rules and |
| 788 | regulations pursuant to ss. 120.536(1) and 120.54 necessary to |
| 789 | implement this section. Failure of an applicant to comply with |
| 790 | procedural rules and regulations adopted by the department to |
| 791 | implement this section shall not be a basis for denial of a |
| 792 | certificate if the affidavit is submitted before the department |
| 793 | adopts such procedural rules and regulations. |
| 794 | (11) The department may revoke an ordinance or statutory |
| 795 | certificate of franchise authority for any area as to which a |
| 796 | court of competent jurisdiction finds, pursuant to s. 610.117, |
| 797 | that a certificateholder is in noncompliance with the |
| 798 | requirements of this chapter after notice and a reasonable time |
| 799 | to cure the noncompliance. |
| 800 | 610.109 Eligibility of incumbent cable service provider |
| 801 | for ordinance or statutory certificate of franchise authority in |
| 802 | areas where provider has an existing franchise.--A cable service |
| 803 | provider that has an existing, unexpired franchise to provide |
| 804 | cable service with respect to a municipality or county as of |
| 805 | July 1, 2007, may seek an ordinance or statutory certificate of |
| 806 | franchise authority under this chapter as to that municipality |
| 807 | or county upon the earliest of: |
| 808 | (1) The expiration date of the existing franchise |
| 809 | agreement; |
| 810 | (2) January 1, 2009; |
| 811 | (3) The date on which such municipality or county adopts a |
| 812 | standard ordinance pursuant to s. 610.104; or, |
| 813 | (4) The date any cable service provider or competitive |
| 814 | video programming services provider receives a statutory |
| 815 | certificate of franchise authority to serve all or portions of |
| 816 | that municipality or county under s. 610.108. An incumbent cable |
| 817 | service provider may terminate its existing franchise under this |
| 818 | subsection by providing written notice to the Secretary of State |
| 819 | and the affected municipality or county within 180 days after |
| 820 | becoming eligible to elect to terminate it existing franchise. |
| 821 | The municipal or county franchise is terminated on the date the |
| 822 | ordinance or statutory certificate of franchise authority is |
| 823 | granted. |
| 824 | 610.1105 Franchise fee prohibited.--Except as otherwise |
| 825 | provided in this chapter, the department may not impose any |
| 826 | taxes, fees, charges, or other impositions on a cable service |
| 827 | provider as a condition for the issuance of an ordinance or |
| 828 | statutory certificate of franchise authority. Except as |
| 829 | otherwise provided in this chapter, no municipality or county |
| 830 | may impose any taxes, fees, charges, or other exactions on |
| 831 | certificateholders in connection with use of public right-of-way |
| 832 | as a condition of a certificateholder doing business in the |
| 833 | municipality or county, or otherwise, except such taxes, fees, |
| 834 | charges, or other exactions permitted by chapter 202, s. |
| 835 | 337.401(6), and this chapter. |
| 836 | 610.1115 Customer service standards.-- |
| 837 | (1) Each cable service provider shall comply with the |
| 838 | customer service standards in 47 C.F.R. s. 76.309(c) until there |
| 839 | are two or more providers offering cable service or competitive |
| 840 | video programming service in the relevant service area. |
| 841 | (2) The Department of Agriculture and Consumer Services |
| 842 | shall receive service quality complaints from customers of a |
| 843 | statutory certificateholder. The Department of Agriculture and |
| 844 | Consumer Services may adopt any procedural rules pursuant to ss. |
| 845 | 120.536(1) and 120.54 necessary to implement this section. |
| 846 | (3) The Department of Agriculture and Consumer Services |
| 847 | shall address customer service complaints expeditiously by |
| 848 | assisting with the resolution of such complaints between the |
| 849 | complainant and the certificateholder. |
| 850 | 610.112 Public, educational, and governmental access |
| 851 | channels.-- |
| 852 | (1) A certificateholder, not later than 180 days following |
| 853 | a request by a municipality or county within whose jurisdiction |
| 854 | the certificateholder is providing cable service, shall |
| 855 | designate a sufficient amount of capacity on its network to |
| 856 | allow the provision of public, educational, and governmental |
| 857 | access channels for noncommercial programming as set forth in |
| 858 | this section and in a municipal or county franchise pursuant to |
| 859 | s. 610.1075(1). |
| 860 | (2) A certificateholder shall designate a sufficient |
| 861 | amount of capacity on its network to allow the provision of the |
| 862 | same number of public, educational, and governmental access |
| 863 | channels or functional equivalent that a municipality or county |
| 864 | has activated under the incumbent cable service provider's |
| 865 | franchise agreement as of January 1, 2007, or the number of |
| 866 | channels or capacity set forth in paragraphs (3)(a) and (b) and |
| 867 | as limited by s. 610.1075(1). For the purposes of this section, |
| 868 | a public, educational, or governmental channel is deemed |
| 869 | activated if the channel is being used for public, educational, |
| 870 | or governmental programming within the municipality or county |
| 871 | for at least 8 hours per day of locally produced original |
| 872 | programming, excluding without limitation repeat and character- |
| 873 | generated programming, for any 6 consecutive-month period. The |
| 874 | municipality or county may request additional channels or |
| 875 | functional equivalent permitted under the incumbent cable |
| 876 | service provider's franchise agreement as of January 1, 2007, as |
| 877 | limited by s. 610.1075(1). |
| 878 | (3)(a) If a municipality or county did not have public, |
| 879 | educational, or governmental access channels activated under the |
| 880 | incumbent cable service provider's franchise agreement as of |
| 881 | July 1, 2007, not later than 12 months following a request by |
| 882 | the municipality or county within whose jurisdiction a |
| 883 | certificateholder is providing cable service, the cable service |
| 884 | provider shall furnish: |
| 885 | 1. Up to three public, educational, or governmental |
| 886 | channels or capacity equivalent for a municipality or county |
| 887 | with a population of at least 50,000. |
| 888 | 2. Up to two public, educational, or governmental channels |
| 889 | or capacity equivalent for a municipality or county with a |
| 890 | population of less than 50,000. |
| 891 | (b) The limits in subparagraphs (a)1. and 2. shall |
| 892 | constitute the total number of public, educational, or |
| 893 | governmental channels that may be designated on any cable |
| 894 | service provider's network using a single headend, or on all |
| 895 | commonly owned cable service provider's networks that share a |
| 896 | common headend, regardless of the number of cities or counties |
| 897 | served from such headend; provided further, that the populations |
| 898 | of all cities and counties served by such provider's networks |
| 899 | shall be aggregated for purposes of applying these limits. |
| 900 | (c) A cable service provider may locate any public, |
| 901 | educational, or governmental access channel on any tier of |
| 902 | service offered that is viewed by at least 40 percent of the |
| 903 | provider's subscribers. |
| 904 | (4) Any public, educational, or governmental channel |
| 905 | provided pursuant to this section that is not programmed by the |
| 906 | municipality or county for at least 8 hours a day of locally |
| 907 | produced original programming, not excluding without limitation |
| 908 | repeal and character-generated programming, for any six |
| 909 | consecutive week period shall no longer be made available to the |
| 910 | municipality or county but may be programmed at the cable |
| 911 | service provider's discretion. |
| 912 | (5) The operation of any public, educational, or |
| 913 | governmental access channel or functional equivalent provided |
| 914 | under this section shall be the responsibility of the |
| 915 | municipality or county receiving the benefit of such channel or |
| 916 | capacity equivalent, and a certificateholder bears only the |
| 917 | responsibility for the transmission of such channel content. A |
| 918 | certificateholder shall be responsible for providing the |
| 919 | connectivity to each public, educational, or governmental access |
| 920 | channel distribution point up to the first 125 feet from the |
| 921 | certificateholder's activated cable transmission system. The |
| 922 | municipality or county shall be responsible for any and all |
| 923 | connectivity beyond the first 125 feet. |
| 924 | (6) The municipality or county shall ensure that all |
| 925 | transmissions, content, or programming to be transmitted over a |
| 926 | channel or facility by a certificateholder are provided or |
| 927 | submitted to the cable service provider in a manner or form that |
| 928 | is capable of being accepted and transmitted by a provider |
| 929 | without any requirement for additional alteration or change in |
| 930 | the content by the provider over the provider's network and is |
| 931 | compatible with the technology or protocol used by the cable |
| 932 | service provider to deliver services. The provision of public, |
| 933 | educational, or governmental content to the provider constitutes |
| 934 | authorization for the provider to carry such content, including, |
| 935 | at the provider's option, authorization to carry the content |
| 936 | beyond the jurisdictional boundaries of the municipality or |
| 937 | county. |
| 938 | (7) Where technically feasible, a certificateholder and an |
| 939 | incumbent cable service provider shall use reasonable efforts to |
| 940 | interconnect their cable systems for the purpose of providing |
| 941 | public, educational, and governmental programming. |
| 942 | Interconnection may be accomplished by direct cable, microwave |
| 943 | link, satellite, or other reasonable method of connection. The |
| 944 | party seeking interconnection shall pay the reasonable costs |
| 945 | associated with establishing and maintaining such |
| 946 | interconnection. |
| 947 | (8) A certificateholder is not required to interconnect |
| 948 | for, or otherwise transmit, public, educational, and |
| 949 | governmental content that is branded with the logo, name, or |
| 950 | other identifying marks of another cable service provider, and a |
| 951 | municipality or county may require a cable service provider to |
| 952 | remove its logo, name, or other identifying marks from public, |
| 953 | educational, and governmental content that is to be made |
| 954 | available to another provider. |
| 955 | (9) A court of competent jurisdiction shall have exclusive |
| 956 | jurisdiction to enforce any requirement under this section. |
| 957 | 610.113 Nondiscrimination by municipality or county.-- |
| 958 | (1) A municipality or county shall allow a |
| 959 | certificateholder to install, construct, and maintain a network |
| 960 | within a public right-of-way and shall provide a |
| 961 | certificateholder with nondiscriminatory and competitively |
| 962 | neutral access to the public right-of-way in accordance with the |
| 963 | provisions of s. 337.401. All use of a public right-of-way by a |
| 964 | certificateholder is nonexclusive. |
| 965 | (2) A municipality or county may not discriminate against |
| 966 | a certificateholder regarding: |
| 967 | (a) The authorization or placement of a network in a |
| 968 | public right-of-way; |
| 969 | (b) Access to a building or other property; or |
| 970 | (c) Utility pole attachment terms. |
| 971 | (3) Except as expressly provided in this chapter, nothing |
| 972 | contained in this chapter shall be construed to limit or |
| 973 | abrogate the municipality's or county's authority over the use |
| 974 | of public right-of-way under its jurisdiction, as set forth in |
| 975 | s. 337.401(3)(a). |
| 976 | 610.114 Limitation on local authority.-- |
| 977 | (1) A municipality or county may not impose additional |
| 978 | requirements on a certificateholder, including, but not limited |
| 979 | to, financial, operational, and administrative requirements, |
| 980 | except as expressly permitted by this chapter. A municipality or |
| 981 | county may not impose on activities of a certificateholder a |
| 982 | requirement: |
| 983 | (a) That particular business offices be located in the |
| 984 | municipality or county; |
| 985 | (b) Regarding the filing of reports and documents with the |
| 986 | municipality or county that are not required by state or federal |
| 987 | law and that are not related to the use of the public right-of- |
| 988 | way. Reports and documents other than schematics indicating the |
| 989 | location of facilities for a specific site that are provided in |
| 990 | the normal course of the municipality's or county's permitting |
| 991 | process, that are authorized by s. 337.401 for communications |
| 992 | services providers, or that are otherwise required in the normal |
| 993 | course of such permitting process shall not be considered |
| 994 | related to the use of the public right-of-way for communications |
| 995 | services providers. A municipality or county may not request |
| 996 | information concerning the capacity or technical configuration |
| 997 | of a certificateholder's facilities; |
| 998 | (c) For the inspection of a certificateholder's business |
| 999 | records; or |
| 1000 | (d) For the approval of transfers of ownership or control |
| 1001 | of a certificateholder's business, except a municipality or |
| 1002 | county may require a certificateholder to provide notice of a |
| 1003 | transfer within a reasonable time period. |
| 1004 | (2) Notwithstanding any other provision of law, a |
| 1005 | municipality or county may require the issuance of a permit in |
| 1006 | accordance with and subject to s. 337.401 to a certificateholder |
| 1007 | that is placing and maintaining facilities in or on a public |
| 1008 | right-of-way in the municipality or county. In accordance with |
| 1009 | s. 337.402, the permit may require the permitholder to be |
| 1010 | responsible, at the permitholder's expense, for any damage |
| 1011 | resulting from the issuance of such permit and for restoring the |
| 1012 | public right-of-way to a substantially similar condition to that |
| 1013 | of the public right-of-way before installation of such |
| 1014 | facilities. The terms of the permit shall be consistent with |
| 1015 | construction permits issued to other providers of communications |
| 1016 | services placing or maintaining communications facilities in a |
| 1017 | public right-of-way. |
| 1018 | 610.115 Discrimination prohibited.-- |
| 1019 | (1) The purpose of this section is to prevent |
| 1020 | discrimination among potential residential subscribers. |
| 1021 | (2) Pursuant to 47 U.S.C. s. 541(a)(3), a |
| 1022 | certificateholder may not deny access to service to any group of |
| 1023 | potential residential subscribers because of the income of the |
| 1024 | residents in the local area in which such group resides. |
| 1025 | (3) An affected person may seek enforcement of the |
| 1026 | requirements provided by subsection (2) by initiating a |
| 1027 | proceeding with the Department of Agriculture and Consumer |
| 1028 | Services pursuant to s. 570.544. |
| 1029 | (4) For purposes of determining whether a |
| 1030 | certificateholder has violated subsection (2), the |
| 1031 | certificateholder shall have a reasonable time not to exceed 3 |
| 1032 | years to deploy service pursuant to 47 U.S.C. s. 541(a)(4)(A) to |
| 1033 | those customers within the service areas designated in s. |
| 1034 | 610.107(1)(d) and (5) or s. 610.108(3)(d) and (5). Except for |
| 1035 | satellite service, a competitive video service provider may |
| 1036 | satisfy the requirements of this section through the use of |
| 1037 | alternative technology that offers service, functionality, and |
| 1038 | content which is demonstrably similar to that provided through |
| 1039 | the provider's video service system and may include a technology |
| 1040 | that does not require the use of any public right-of-way. The |
| 1041 | technology used to comply with the requirements of this section |
| 1042 | shall be subject to all the requirements of this act. In no |
| 1043 | event shall a cable service provider be required to offer or |
| 1044 | provide service to an end user residing in an area with a |
| 1045 | density of less than 20 homes per mile from the provider's |
| 1046 | nearest distribution plant. |
| 1047 | (5) The Department of Agriculture and Consumer Services |
| 1048 | may adopt any procedural rules pursuant to ss. 120.536(1) and |
| 1049 | 120.54 necessary to implement this section. |
| 1050 | 610.116 Compliance.--If a certificateholder is found by a |
| 1051 | court of competent jurisdiction to not comply with the |
| 1052 | requirements of this chapter, the certificateholder shall have a |
| 1053 | reasonable period of time, as specified by the court, to cure |
| 1054 | such noncompliance. |
| 1055 | 610.117 Applicability to competitive video programming |
| 1056 | services.--A provider of competitive video programming services |
| 1057 | shall apply for and obtain an ordinance or statutory certificate |
| 1058 | of franchise authority under ss. 610.102-610.117, including all |
| 1059 | rights and obligations associated therewith, before providing |
| 1060 | service in the state, notwithstanding that competitive video |
| 1061 | programming service may not be a cable service as defined s. |
| 1062 | 610.103. For purposes of ss. 610.102-610.117, the term |
| 1063 | "competitive video programming services" means video programming |
| 1064 | provided through wireline facilities located at least in part of |
| 1065 | the public right-of-way without regard to delivery technology, |
| 1066 | including Internet protocol technology, provided that this |
| 1067 | definition does not include any video programming service |
| 1068 | provided by a commercial mobile service provider defined in 47 |
| 1069 | U.S.C. s. 322(b). |
| 1070 | 610.118 Enforcement limitations.--Notwithstanding any of |
| 1071 | the provisions of ss. 610.102-610.116, no franchising authority |
| 1072 | may enforce any term, condition, or requirement of any franchise |
| 1073 | agreement that is more burdensome than the terms, conditions, or |
| 1074 | requirements imposed on any other certificateholder whether by |
| 1075 | franchise agreement, ordinance, or statutory certificate. |
| 1076 | 610.119 Severability.--If any provision of ss. 610.102- |
| 1077 | 610.102-610.117 or the application thereof to any person or |
| 1078 | circumstance is held invalid, such invalidity shall not affect |
| 1079 | other provisions or application of ss. 610.102-610.117 that can |
| 1080 | be given effect without the invalid provision or application, |
| 1081 | and to this end the provisions of ss. 610.102-610.116 are |
| 1082 | severable. If an incumbent cable service provider is denied its |
| 1083 | legal right to terminate its existing cable franchise agreement |
| 1084 | under section 610.109(2), any certificateholder authorized to |
| 1085 | provide or providing cable services within all or parts of the |
| 1086 | affected service areas shall also comply with the terms and |
| 1087 | conditions applicable to the incumbent cable service provider |
| 1088 | until the incumbent's existing cable franchise agreement expires |
| 1089 | or is terminated, whichever event occurs earlier. |
| 1090 | Section 7. Section 364.1605, Florida Statutes, is created |
| 1091 | to read: |
| 1092 | 364.1605 Voice competition.-- |
| 1093 | (1) In addition to the duties established under this |
| 1094 | chapter, an entity that is an incumbent local exchange carrier, |
| 1095 | as defined in 47 U.S.C. s. 251(h), as of July 1, 2007, and any |
| 1096 | affiliate of such entity that provides wireline voice service |
| 1097 | within the service territory of such incumbent local exchange |
| 1098 | carrier, regardless of the technology, shall owe: |
| 1099 | (a) The duty to establish physical connections with its |
| 1100 | wireline facilities pursuant to s. 201 of the Communications Act |
| 1101 | of 1934 and the rules of the Federal Communications Commission |
| 1102 | adopted under that section. |
| 1103 | (b) The duties owed by an incumbent local exchange carrier |
| 1104 | to providers of telecommunications services, telephone exchange |
| 1105 | service, and telephone toll service with respect to its wireline |
| 1106 | facilities as provided in 47 U.S.C. s. 251 and the rules of the |
| 1107 | Federal Communications Commission adopted under that section, to |
| 1108 | any other carrier and to any facilities-based provider of |
| 1109 | Internet protocol enabled voice service. Interconnection with |
| 1110 | such entity's network may be direct or indirect and shall be at |
| 1111 | the most efficient point or points within that network and in |
| 1112 | the most efficient format, as determined by the requesting |
| 1113 | carrier or provider. |
| 1114 | (2) Requests by such other carrier or provider for |
| 1115 | interconnection, services, or network elements from an incumbent |
| 1116 | local exchange carrier shall be subject to the procedures, |
| 1117 | requirements, and pricing standards of 47 U.S.C. s. 252. |
| 1118 | (3) A telecommunications company may use interconnection, |
| 1119 | services, and network elements obtained from an incumbent local |
| 1120 | exchange carrier, including from a rural telephone company or |
| 1121 | small local exchange telecommunications company, pursuant to 47 |
| 1122 | U.S.C. ss. 251 and 252 to provide wholesale telecommunications |
| 1123 | and telecommunications service to a provider of Internet |
| 1124 | protocol enabled voice service and exchange traffic between such |
| 1125 | provider and the public switched network. |
| 1126 | (4) For purposes of this section, the term "facilities- |
| 1127 | based provider of Internet protocol enabled voice service" means |
| 1128 | an entity that provides voice-over-Internet protocol as that |
| 1129 | term is defined in federal law over a physical facility which |
| 1130 | connects to the end user's location and which such entity or an |
| 1131 | affiliate of such entity owns or over which such entity or |
| 1132 | affiliate has exclusive use. An entity or affiliate of such |
| 1133 | entity shall be considered a facilities-based provider of |
| 1134 | Internet protocol enabled voice service only in those geographic |
| 1135 | areas where such physical facilities are located. |
| 1136 | Section 8. Section 166.046, Florida Statutes, is repealed. |
| 1137 | Section 9. Paragraph (a) of subsection (3) of section |
| 1138 | 350.81, Florida Statutes, is amended to read: |
| 1139 | 350.81 Communications services offered by governmental |
| 1140 | entities.-- |
| 1141 | (3)(a) A governmental entity that provides a cable service |
| 1142 | shall comply with the Cable Communications Policy Act of 1984, |
| 1143 | 47 U.S.C. ss. 521 et seq., the regulations issued by the Federal |
| 1144 | Communications Commission under the Cable Communications Policy |
| 1145 | Act of 1984, 47 U.S.C. ss. 521 et seq., and all applicable state |
| 1146 | and federal rules and regulations, including, but not limited |
| 1147 | to, s. 166.046 and those provisions of chapters 202, 212, and |
| 1148 | 337, and 610 which apply to a provider of the services. |
| 1149 | Section 10. Section 364.0361, Florida Statutes, is amended |
| 1150 | to read: |
| 1151 | 364.0361 Local government authority; nondiscriminatory |
| 1152 | exercise.--A local government shall treat each |
| 1153 | telecommunications company in a nondiscriminatory manner when |
| 1154 | exercising its authority to grant franchises to a |
| 1155 | telecommunications company or to otherwise establish conditions |
| 1156 | or compensation for the use of rights-of-way or other public |
| 1157 | property by a telecommunications company. A local government may |
| 1158 | not directly or indirectly regulate the terms and conditions, |
| 1159 | including, but not limited to, the operating systems, |
| 1160 | qualifications, services, service quality, service territory, |
| 1161 | and prices, applicable to or in connection with the provision of |
| 1162 | any voice-over-Internet protocol, regardless of the platform, |
| 1163 | provider, or protocol, broadband or information service. This |
| 1164 | section does not relieve a provider from any obligations under |
| 1165 | s. 166.046 or s. 337.401. |
| 1166 | Section 11. This act shall take effect July 1, 2007. |