Senate Bill sb0998c2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 998
By the Committees on Community Affairs; Communications and
Public Utilities; and Senator Bennett
578-2547-07
1 A bill to be entitled
2 An act relating to communications; providing a
3 short title; amending s. 202.11, F.S.;
4 providing a definition; amending s. 202.24,
5 F.S.; prohibiting counties and municipalities
6 from negotiating terms and conditions relating
7 to cable and video services; deleting
8 authorization to negotiate; revising
9 application to existing ordinances or franchise
10 agreements; amending s. 337.401, F.S.; deleting
11 authorization for counties and municipalities
12 to award cable service franchises and a
13 restriction that cable service companies not
14 operate without such a franchise; amending s.
15 337.4061, F.S.; revising definitions;
16 prohibiting the use of certain rights-of-way
17 without a franchise authority; creating ss.
18 610.102, 610.103, 610.104, 610.105, 610.107,
19 610.108, 610.109, 610.113, 610.114, 610.115,
20 610.116, 610.117, 610.118, and 610.119, F.S.;
21 designating the Department of State as the
22 authorizing authority; providing definitions;
23 requiring state authorization to provide cable
24 and video services; providing requirements and
25 procedures; providing for fees; providing
26 duties and responsibilities of the Department
27 of State; providing application procedures and
28 requirements; providing for issuing
29 certificates of franchise authority; providing
30 eligibility requirements and criteria for a
31 certificate; providing for amending a
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 998
578-2547-07
1 certificate; providing for transferability of
2 certificates; providing for termination of
3 certificates under certain circumstances;
4 providing for challenging a department
5 rejection of an application; providing that the
6 department shall function in a ministerial
7 capacity for certain purposes; providing for an
8 application form; providing for an application
9 fee; requiring certain information updates;
10 providing for a processing fee; providing for
11 cancellation upon notice that information
12 updates and processing fees are not received;
13 providing for an opportunity to cure; providing
14 for transfer of such fees to the Department of
15 Agriculture and Consumer Services; requiring
16 the department to maintain a separate account
17 for cable franchise revenues; providing for
18 fees to the Department of State for certain
19 activities; continuation of existing local
20 franchise agreements; preempting local
21 franchise agreements with respect to buildout
22 and customer service standards; providing an
23 exception; limiting franchise fees for a
24 state-issued certificate; prohibiting the
25 department from imposing additional taxes,
26 fees, or charges on a cable or video service
27 provider to issue a certificate; imposing
28 certain customer service requirements on cable
29 service providers; requiring the Department of
30 Agriculture and Consumer Services to receive
31 customer service complaints; providing for
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 998
578-2547-07
1 continuation of public, educational, and
2 governmental access channels or capacity
3 equivalent; providing criteria, requirements,
4 and procedures for activation of public,
5 educational, and governmental access channels
6 or capacity equivalent for certain counties and
7 municipalities after a date certain; providing
8 for support of public, educational, and
9 governmental access channels after a date
10 certain; providing for payment by nonincumbent
11 certificateholders of certain amounts to
12 municipalities and counties under certain
13 circumstances; providing procedures for payment
14 of such amounts; providing limitations on local
15 authority requirements; providing for
16 enforcement; providing requirements for a
17 request for enforcement; providing for a period
18 of time to cure certain noncompliance;
19 providing for the use of alternative
20 technology; authorizing waivers or extensions
21 of time to meet such requirements; providing a
22 definition; providing for enforcement and the
23 adoption of rules; clarifying local government
24 and department authority over communications
25 services; requiring cable and video service
26 providers to provide internet or cable or video
27 service to certain education and government
28 facilities; requiring the Office of Program
29 Policy Analysis and Government Accountability
30 to report to the Legislature on the status of
31 competition in the cable and video service
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 998
578-2547-07
1 industry; providing report requirements;
2 requiring the Department of Agriculture and
3 Consumer Services to make recommendations to
4 the Legislature; providing duties of the
5 Department of State; providing severability;
6 amending ss. 350.81 and 364.0361, F.S.;
7 conforming cross-references; amending s.
8 364.051, F.S.; deleting provisions under which
9 certain telecommunications companies may elect
10 alternative regulation; amending s. 364.10,
11 F.S.; requiring each state agency that
12 determines that a person is eligible for
13 Lifeline service to act immediately to ensure
14 that the person is enrolled in the Lifeline
15 service program; requiring a state agency to
16 include an option for not subscribing to the
17 program; requiring that the Public Service
18 Commission and the Department of Children and
19 Family Services adopt rules by a specified
20 date; requiring the Public Service Commission,
21 the Department of Children and Family Services,
22 and the Office of Public Counsel to enter into
23 a memorandum of understanding regarding their
24 respective duties under the Lifeline service
25 program; amending s. 364.163, F.S.; providing
26 for a cap on certain switched network access
27 service rates; deleting a time period in which
28 intrastate access rates are capped; prohibiting
29 interexchange telecommunications companies from
30 instituting any intrastate connection fee;
31 deleting provisions for regulatory oversight of
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 998
578-2547-07
1 intrastate access rates; amending s. 364.385,
2 F.S.; providing for continuing effect of
3 certain rates and charges approved by the
4 Public Service Commission; providing for an
5 exception; repealing s. 166.046, F.S., relating
6 to definitions and minimum standards for cable
7 television franchises imposed upon counties and
8 municipalities; repealing s. 364.164, F.S,
9 relating to competitive market enhancement;
10 providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. This act may be cited as the "Consumer
15 Choice Act of 2007."
16 Section 2. Subsection (24) is added to section 202.11,
17 Florida Statutes, to read:
18 202.11 Definitions.--As used in this chapter:
19 (24) "Video service" has the same meaning as that
20 provided in s. 610.103.
21 Section 3. Paragraphs (a) and (c) of subsection (2) of
22 section 202.24, Florida Statutes, are amended to read:
23 202.24 Limitations on local taxes and fees imposed on
24 dealers of communications services.--
25 (2)(a) Except as provided in paragraph (c), each
26 public body is prohibited from:
27 1. Levying on or collecting from dealers or purchasers
28 of communications services any tax, charge, fee, or other
29 imposition on or with respect to the provision or purchase of
30 communications services.
31
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 998
578-2547-07
1 2. Requiring any dealer of communications services to
2 enter into or extend the term of a franchise or other
3 agreement that requires the payment of a tax, charge, fee, or
4 other imposition.
5 3. Adopting or enforcing any provision of any
6 ordinance or agreement to the extent that such provision
7 obligates a dealer of communications services to charge,
8 collect, or pay to the public body a tax, charge, fee, or
9 other imposition.
10
11 Municipalities and counties may not Each municipality and
12 county retains authority to negotiate all terms and conditions
13 of a cable service franchise allowed by federal and state law
14 except those terms and conditions related to franchise fees or
15 and the definition of gross revenues or other definitions or
16 methodologies related to the payment or assessment of
17 franchise fees on providers of cable or video services.
18 (c) This subsection does not apply to:
19 1. Local communications services taxes levied under
20 this chapter.
21 2. Ad valorem taxes levied pursuant to chapter 200.
22 3. Occupational license taxes levied under chapter
23 205.
24 4. "911" service charges levied under chapter 365.
25 5. Amounts charged for the rental or other use of
26 property owned by a public body which is not in the public
27 rights-of-way to a dealer of communications services for any
28 purpose, including, but not limited to, the placement or
29 attachment of equipment used in the provision of
30 communications services.
31
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 998
578-2547-07
1 6. Permit fees of general applicability which are not
2 related to placing or maintaining facilities in or on public
3 roads or rights-of-way.
4 7. Permit fees related to placing or maintaining
5 facilities in or on public roads or rights-of-way pursuant to
6 s. 337.401.
7 8. Any in-kind requirements, institutional networks,
8 or contributions for, or in support of, the use or
9 construction of public, educational, or governmental access
10 facilities allowed under federal law and imposed on providers
11 of cable or video service pursuant to any existing ordinance
12 or an existing franchise agreement granted by each
13 municipality or county, under which ordinance or franchise
14 agreement service is provided prior to July 1, 2007, or as
15 permitted under chapter 610. Nothing in this subparagraph
16 shall prohibit the ability of providers of cable or video
17 service to recover such expenses as allowed under federal law.
18 9. Special assessments and impact fees.
19 10. Pole attachment fees that are charged by a local
20 government for attachments to utility poles owned by the local
21 government.
22 11. Utility service fees or other similar user fees
23 for utility services.
24 12. Any other generally applicable tax, fee, charge,
25 or imposition authorized by general law on July 1, 2000, which
26 is not specifically prohibited by this subsection or included
27 as a replaced revenue source in s. 202.20.
28 Section 4. Paragraphs (a), (b), (e), and (f) of
29 subsection (3) of section 337.401, Florida Statutes, are
30 amended to read:
31
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 998
578-2547-07
1 337.401 Use of right-of-way for utilities subject to
2 regulation; permit; fees.--
3 (3)(a)1. Because of the unique circumstances
4 applicable to providers of communications services, including,
5 but not limited to, the circumstances described in paragraph
6 (e) and the fact that federal and state law require the
7 nondiscriminatory treatment of providers of telecommunications
8 services, and because of the desire to promote competition
9 among providers of communications services, it is the intent
10 of the Legislature that municipalities and counties treat
11 providers of communications services in a nondiscriminatory
12 and competitively neutral manner when imposing rules or
13 regulations governing the placement or maintenance of
14 communications facilities in the public roads or
15 rights-of-way. Rules or regulations imposed by a municipality
16 or county relating to providers of communications services
17 placing or maintaining communications facilities in its roads
18 or rights-of-way must be generally applicable to all providers
19 of communications services and, notwithstanding any other law,
20 may not require a provider of communications services, except
21 as otherwise provided in subparagraph 2., to apply for or
22 enter into an individual license, franchise, or other
23 agreement with the municipality or county as a condition of
24 placing or maintaining communications facilities in its roads
25 or rights-of-way. In addition to other reasonable rules or
26 regulations that a municipality or county may adopt relating
27 to the placement or maintenance of communications facilities
28 in its roads or rights-of-way under this subsection, a
29 municipality or county may require a provider of
30 communications services that places or seeks to place
31 facilities in its roads or rights-of-way to register with the
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 998
578-2547-07
1 municipality or county and to provide the name of the
2 registrant; the name, address, and telephone number of a
3 contact person for the registrant; the number of the
4 registrant's current certificate of authorization issued by
5 the Florida Public Service Commission, or the Federal
6 Communications Commission, or the Department of State; and
7 proof of insurance or self-insuring status adequate to defend
8 and cover claims.
9 2. Notwithstanding the provisions of subparagraph 1.,
10 a municipality or county may, as provided by 47 U.S.C. s. 541,
11 award one or more franchises within its jurisdiction for the
12 provision of cable service, and a provider of cable service
13 shall not provide cable service without such franchise. Each
14 municipality and county retains authority to negotiate all
15 terms and conditions of a cable service franchise allowed by
16 federal law and s. 166.046, except those terms and conditions
17 related to franchise fees and the definition of gross revenues
18 or other definitions or methodologies related to the payment
19 or assessment of franchise fees and permit fees as provided in
20 paragraph (c) on providers of cable services. A municipality
21 or county may exercise its right to require from providers of
22 cable service in-kind requirements, including, but not limited
23 to, institutional networks, and contributions for, or in
24 support of, the use or construction of public, educational, or
25 governmental access facilities to the extent permitted by
26 federal law. A provider of cable service may exercise its
27 right to recover any such expenses associated with such
28 in-kind requirements, to the extent permitted by federal law.
29 (b) Registration described in paragraph subparagraph
30 (a)1. does not establish a right to place or maintain, or
31 priority for the placement or maintenance of, a communications
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 998
578-2547-07
1 facility in roads or rights-of-way of a municipality or
2 county. Each municipality and county retains the authority to
3 regulate and manage municipal and county roads or
4 rights-of-way in exercising its police power. Any rules or
5 regulations adopted by a municipality or county which govern
6 the occupation of its roads or rights-of-way by providers of
7 communications services must be related to the placement or
8 maintenance of facilities in such roads or rights-of-way, must
9 be reasonable and nondiscriminatory, and may include only
10 those matters necessary to manage the roads or rights-of-way
11 of the municipality or county.
12 (e) The authority of municipalities and counties to
13 require franchise fees from providers of communications
14 services, with respect to the provision of communications
15 services, is specifically preempted by the state, except as
16 otherwise provided in subparagraph (a)2., because of unique
17 circumstances applicable to providers of communications
18 services when compared to other utilities occupying municipal
19 or county roads or rights-of-way. Providers of communications
20 services may provide similar services in a manner that
21 requires the placement of facilities in municipal or county
22 roads or rights-of-way or in a manner that does not require
23 the placement of facilities in such roads or rights-of-way.
24 Although similar communications services may be provided by
25 different means, the state desires to treat providers of
26 communications services in a nondiscriminatory manner and to
27 have the taxes, franchise fees, and other fees paid by
28 providers of communications services be competitively neutral.
29 Municipalities and counties retain all existing authority, if
30 any, to collect franchise fees from users or occupants of
31 municipal or county roads or rights-of-way other than
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 998
578-2547-07
1 providers of communications services, and the provisions of
2 this subsection shall have no effect upon this authority. The
3 provisions of this subsection do not restrict the authority,
4 if any, of municipalities or counties or other governmental
5 entities to receive reasonable rental fees based on fair
6 market value for the use of public lands and buildings on
7 property outside the public roads or rights-of-way for the
8 placement of communications antennas and towers.
9 (f) Except as expressly allowed or authorized by
10 general law and except for the rights-of-way permit fees
11 subject to paragraph (c), a municipality or county may not
12 levy on a provider of communications services a tax, fee, or
13 other charge or imposition for operating as a provider of
14 communications services within the jurisdiction of the
15 municipality or county which is in any way related to using
16 its roads or rights-of-way. A municipality or county may not
17 require or solicit in-kind compensation, except as otherwise
18 provided in s. 202.24(2)(c)8. or s. 610.109 subparagraph (a)2.
19 Nothing in this paragraph shall impair any ordinance or
20 agreement in effect on May 22, 1998, or any voluntary
21 agreement entered into subsequent to that date, which provides
22 for or allows in-kind compensation by a telecommunications
23 company.
24 Section 5. Section 337.4061, Florida Statutes, is
25 amended to read:
26 337.4061 Definitions; unlawful use of state-maintained
27 road right-of-way by nonfranchised cable and video television
28 services.--
29 (1) As used in this section, the term:
30 (a) "Cable service" means:
31
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 998
578-2547-07
1 1. The one-way transmission to subscribers of video
2 programming or any other programming service; and
3 2. Subscriber interaction, if any, which is required
4 for the selection or use of such video programming or other
5 programming service.
6 (b) "Cable system" means a facility, consisting of a
7 set of closed transmission paths and associated signal
8 generation, reception, and control equipment that is designed
9 to provide cable service which includes video programming and
10 which is provided to multiple subscribers within a community,
11 but such term does not include:
12 1. A facility that serves only to retransmit the
13 television signals of one or more television broadcast
14 stations;
15 2. A facility that serves only subscribers in one or
16 more multiple-unit dwellings under common ownership, control,
17 or management, unless such facility or facilities use any
18 public right-of-way;
19 3. A facility that serves subscribers without using
20 any public right-of-way.
21 4.3. A facility of a common carrier that is subject,
22 in whole or in part, to the provisions of Title II of the
23 federal Communications Act of 1934, except that such facility
24 shall be considered a cable system other than for purposes of
25 47 U.S.C. Section 541(c) to the extent such facility is used
26 in the transmission of video programming directly to
27 subscribers, unless the extent of such use is solely to
28 provide interactive on-demand services; or
29 5.4. Any facilities of any electric utility used
30 solely for operating its electric utility systems; or.
31
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 998
578-2547-07
1 6. An open video system that complies with 47 U.S.C.
2 Section 573.
3 (c) "Franchise" means an initial authorization or
4 renewal thereof issued by a franchising authority, whether
5 such authorization is designated as a franchise, permit,
6 license, resolution, contract, certificate, agreement, or
7 otherwise, which authorizes the construction or operation of a
8 cable system or video service provider network facilities.
9 (d) "Franchising authority" means any governmental
10 entity empowered by federal, state, or local law to grant a
11 franchise.
12 (e) "Person" means an individual, partnership,
13 association, joint stock company, trust, corporation, or
14 governmental entity.
15 (f) "Video programming" means programming provided by
16 or generally considered comparable to programming provided by
17 a television broadcast station or cable system.
18 (g) "Video service" has the same meaning as that
19 provided in s. 610.103.
20 (2) It is unlawful to use the right-of-way of any
21 state-maintained road, including appendages thereto, and also
22 including, but not limited to, rest areas, wayside parks,
23 boat-launching ramps, weigh stations, and scenic easements, to
24 provide for cable or video service over facilities purposes
25 within a geographic area subject to a valid existing franchise
26 for cable or video service, unless the cable or video service
27 provider system using such right-of-way holds a franchise from
28 a franchise authority the municipality or county for the area
29 in which the right-of-way is located.
30 (3) A violation of this section shall be deemed a
31 violation of s. 337.406.
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 998
578-2547-07
1 Section 6. Sections 610.102, 610.103, 610.104,
2 610.105, 610.106, 610.107, 610.108, 610.109, 610.112, 610.113,
3 610.114, 610.115, 610.116, 610.117, and 620.118, Florida
4 Statutes, are created to read:
5 610.102 Department of State authority to issue
6 statewide cable and video franchise.--The department shall be
7 designated as the franchising authority for a state-issued
8 franchise for the provision of cable or video service. A
9 municipality or county may not grant a new franchise for the
10 provision of cable or video service within its jurisdiction.
11 610.103 Definitions.--As used in ss. 610.102-610.117:
12 (1) "Cable service" means:
13 (a) The one-way transmission to subscribers of video
14 programming or any other programming service.
15 (b) Subscriber interaction, if any, that is required
16 for the selection or use of such video programming or other
17 programming service.
18 (2) "Cable service provider" means a person that
19 provides cable service over a cable system.
20 (3) "Cable system" means a facility consisting of a
21 set of closed transmission paths and associated signal
22 generation, reception, and control equipment that is designed
23 to provide cable service that includes video programming and
24 that is provided to multiple subscribers within a community,
25 but such term does not include:
26 (a) A facility that serves only to retransmit the
27 television signals of one or more television broadcast
28 stations;
29 (b) A facility that serves only subscribers in one or
30 more multiple-unit dwellings under common ownership, control,
31
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 998
578-2547-07
1 or management, unless such facility or facilities use any
2 public right-of-way;
3 (c) A facility that serves subscribers without using
4 any public right-of-way;
5 (d) A facility of a common carrier that is subject, in
6 whole or in part, to the provisions of Title II of the federal
7 Communications Act of 1934 except that such facility shall be
8 considered a cable system other than for purposes of 47 U.S.C.
9 Section 541(c) to the extent such facility is used in the
10 transmission of video programming directly to subscribers,
11 unless the extent of such use is solely to provide interactive
12 on-demand services;
13 (e) Any facilities of any electric utility used solely
14 for operating its electric utility systems; or
15 (f) An open video system that complies with 47 U.S.C.
16 Section 573.
17 (4) "Certificateholder" means a cable or video service
18 provider that has been issued and holds a certificate of
19 franchise authority from the department.
20 (5) "Department" means the Department of State.
21 (6) "Franchise" means an initial authorization or
22 renewal of an authorization, regardless of whether the
23 authorization is designated as a franchise, permit, license,
24 resolution, contract, certificate, agreement, or otherwise, to
25 construct and operate a cable system or video service provider
26 network facilities in the public right-of-way.
27 (7) "Franchise authority" means any governmental
28 entity empowered by federal, state, or local law to grant a
29 franchise.
30 (8) "Incumbent cable service provider" means the cable
31 service provider serving the largest number of cable
15
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 998
578-2547-07
1 subscribers in a particular municipal or county franchise area
2 on July 1, 2007.
3 (9) "Video programming" means programming provided by,
4 or generally considered comparable to programming provided by,
5 a television broadcast station as set forth in 47 U.S.C. s.
6 522(20).
7 (10) "Video service" means video programming services,
8 including cable services, provided through wireline facilities
9 located at least in part in the public rights-of-way without
10 regard to delivery technology, including Internet protocol
11 technology. This definition does not include any video
12 programming provided by a commercial mobile service provider
13 as defined in 47 U.S.C. s. 332(d), video programming provided
14 as part of, and via a cable service that enables end users to
15 access content, information, electronic mail, or other
16 services offered over the public Internet.
17 (11) "Video service provider" means an entity
18 providing video service.
19 610.104 State authorization to provide cable or video
20 service.--
21 (1) An entity or person seeking to provide cable or
22 video service in this state after July 1, 2007, shall file an
23 application for a state-issued certificate of franchise
24 authority with the department as required by this section. An
25 entity or person providing cable or video service under an
26 unexpired franchise agreement with a municipality or county as
27 of July 1, 2007, is not subject to this subsection with
28 respect to providing service in such municipality or county
29 until the franchise agreement expires. An entity or person
30 providing cable or video service may seek authorization from
31 the department to provide service in areas where the entity or
16
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 998
578-2547-07
1 person currently does not have an existing franchise agreement
2 as of July 1, 2007.
3 (2) An applicant for a state-issued certificate of
4 franchise authority to provide cable or video service shall
5 submit to the Department of State an application that
6 contains:
7 (a) The official name of the cable or video service
8 provider.
9 (b) The street address of the principal place of
10 business of the cable or video service provider.
11 (c) The federal employer identification number or the
12 Department of State's document number.
13 (d) The name, address, and telephone number of an
14 officer, partner, owner, member, or manager as a contact
15 person for the cable or video service provider to whom
16 questions or concerns may be addressed.
17 (e) A duly executed affidavit signed by an officer,
18 partner, owner, or managing member affirming and containing:
19 1. That the applicant is fully qualified under the
20 provisions of this chapter to file an application and
21 affidavit for a certificate of franchise authority.
22 2. That the applicant has filed or will timely file
23 with the Federal Communications Commission all forms required
24 by that agency in advance of offering cable or video service
25 in this state.
26 3. That the applicant agrees to comply with all
27 applicable federal and state laws and regulations.
28 4. That the applicant agrees to comply with all state
29 laws and rules and municipal and county ordinances and
30 regulations regarding the placement and maintenance of
31 communications facilities in the public rights-of-way.
17
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 998
578-2547-07
1 5. A description of the service area for which the
2 applicant seeks a certificate of franchise authority, provided
3 on a municipal or countywide basis. The description may be
4 provided in a manner that does not disclose competitively
5 sensitive information. For existing incumbent cable or video
6 service providers that have existing communications
7 facilities, the service area shall be coextensive with the
8 provider's existing network boundaries within the political
9 boundaries of the local jurisdiction where video services are
10 provided. For applicants using telecommunications facilities
11 to provide video services, the service area shall be
12 coextensive with all of the provider's wire centers or
13 exchanges within the political boundaries of the local
14 jurisdiction where video services are provided.
15 6. The location of the applicant's principal place of
16 business, the names of the applicant's principal executive
17 officers, and a physical address sufficient for the purposes
18 of chapter 48.
19 7. That the applicant will file with the department a
20 notice of commencement of service within 5 business days after
21 first providing service in each area described in subparagraph
22 5.
23 8. A statement affirming that the applicant will
24 notify the department of any change of address or contact
25 person.
26 9. That the applicant's system will have the
27 capability of allowing a local government emergency operations
28 official, as determined by applicable law, to remotely
29 override the audio of all channels or a video crawl over all
30 channels on the system without charge for use during emergency
31 or disaster periods.
18
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 998
578-2547-07
1 (3) Before the 10th business day after the department
2 receives the application, the department shall notify the
3 applicant whether the application and affidavit described in
4 subsection (2) are complete. If the department rejects the
5 application and affidavit, the department shall specify with
6 particularity the reasons for the rejection and permit the
7 applicant to amend the application or affidavit to cure any
8 deficiency. The department shall act upon the amended
9 application or affidavit within 10 business days after the
10 department's receipt of the amended application or affidavit.
11 (4) The department shall issue a certificate of
12 franchise authority to the applicant before the 15th business
13 day after receipt of an accepted application. The certificate
14 of franchise authority issued by the department shall contain:
15 (a) The name of the certificateholder and its
16 identification number.
17 (b) A grant of authority to provide cable or video
18 service as requested in the application.
19 (c) A grant of authority to construct, maintain, and
20 operate facilities through, upon, over, and under any public
21 right-of-way or waters subject to applicable governmental
22 permitting or authorization from the Board of Trustees of the
23 Internal Improvement Trust Fund.
24 (d) A statement that the grant of authority is subject
25 to lawful operation of the cable or video service by the
26 applicant or its successor in interest.
27 (e) A statement that describes the service area for
28 which this certificate of authority applies.
29 (f) A statement that includes the effective date of
30 the commencement of this authority.
31
19
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 998
578-2547-07
1 (5) If the department fails to act on the accepted
2 application within 30 business days after receiving the
3 accepted application, the application shall be deemed approved
4 by the department without further action.
5 (6) A certificateholder that seeks to include
6 additional service areas in its current certificate shall file
7 an amendment to the certificate with the department. Such
8 amendment shall specify the name and address of the
9 certificateholder, the new service area or areas to be served,
10 and the effective date of commencement of operations in the
11 new service area or areas. Such amendment shall be filed with
12 the department within 5 business days after first providing
13 service in each such additional area.
14 (7) The certificate of franchise authority issued by
15 the department is fully transferable to any successor in
16 interest to the applicant to which the certificate is
17 initially granted. A notice of transfer shall be filed with
18 the department and the relevant municipality or county within
19 14 business days following the completion of such transfer.
20 (8) The certificate of franchise authority issued by
21 the department may be terminated by the cable or video service
22 provider by submitting notice to the department.
23 (9) An applicant may challenge a rejection of an
24 application by the department in a court of competent
25 jurisdiction through a petition for mandamus.
26 (10) In executing the provisions of this section, the
27 department shall function in a ministerial capacity accepting
28 information contained in the application and affidavit at face
29 value. The applicant shall ensure continued compliance with
30 all applicable business formation, registration, and taxation
31 provisions of law.
20
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 998
578-2547-07
1 (11) The application shall be accompanied by a
2 one-time fee of $10,000. A parent company may file a single
3 application covering itself and all of its subsidiaries and
4 affiliates intending to provide cable or video service in the
5 service areas throughout the state as described in paragraph
6 (3)(d), but the entity actually providing such service in a
7 given area shall otherwise be considered the certificateholder
8 under this act.
9 (12) Beginning 5 years after approval of the
10 certificateholder's initial certificate of franchise issued by
11 the department, and every 5 years thereafter, the
12 certificateholder shall update the information contained in
13 the original application for a certificate of franchise. At
14 the time of filing the information update, the
15 certificateholder shall pay a processing fee of $1,000. Any
16 certificateholder that fails to file the updated information
17 and pay the processing fee on the 5-year anniversary dates
18 shall be subject to cancellation of its state-issued
19 certificate of franchise authority if, upon notice given to
20 the certificateholder at its last address on file with the
21 department, the certificateholder fails to file the updated
22 information and pay the processing fee within 30 days after
23 the date notice was mailed. The application and processing
24 fees imposed in this section shall be paid to the Department
25 of State for deposit into the Operating Trust Fund for
26 immediate transfer by the Chief Financial Officer to the
27 General Inspection Trust Fund of the Department of Agriculture
28 and Consumer Services. The Department of Agriculture and
29 Consumer Services shall maintain a separate account within the
30 General Inspection Trust Fund to distinguish cable franchise
31 revenues from all other funds. The application, any amendments
21
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 998
578-2547-07
1 to the certificate, or information updates must be accompanied
2 by a fee to the Department of State equal to that for filing
3 articles of incorporation pursuant to s. 607.0122(1).
4 610.105 Eligibility for state-issued franchise.--
5 (1) A cable or video service provider that has an
6 existing, unexpired franchise to provide cable service with
7 respect to a municipality or county as of July 1, 2007, is not
8 eligible to apply for a state-issued certificate of franchise
9 authority under this chapter as to that municipality or county
10 until the expiration date of the existing franchise agreement.
11 (2) For purposes of this section, a cable or video
12 service provider will be deemed to have or have had a
13 franchise to provide cable or video service in a specific
14 municipality or county if any affiliate or successor entity of
15 the cable or video service provider has or had an unexpired
16 franchise agreement granted by that specific municipality or
17 county as of July 1, 2007.
18 (3) The term "affiliate or successor entity" in this
19 section refers to an entity receiving, obtaining, or operating
20 under a franchise that directly or indirectly owns or
21 controls, is owned or controlled by, or is under common
22 ownership or control with the cable or video service provider.
23 (4) Any cable or video service provider that has an
24 existing, unexpired franchise to provide cable or video
25 service with respect to a municipality or county as of July 1,
26 2007, is not required to comply with the provisions of that
27 franchise which relate to buildout or customer service
28 standards, which are expressly preempted by ss. 610.107 and
29 610.108, except that in any municipality or county in which
30 there exist franchises with an incumbent cable or video
31 service provider, and one or more nonincumbent cable or
22
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 998
578-2547-07
1 service providers, and two or more of those franchises contain
2 buildout requirements, such requirements shall remain
3 effective for the term of the franchises.
4 610.106 Franchise fees prohibited.--Except as
5 otherwise provided in this chapter, the department may not
6 impose any taxes, fees, charges, or other impositions on a
7 cable or video service provider as a condition for the
8 issuance of a state-issed certificate of franchise authority.
9 610.107 Buildout.--No franchising authority, state
10 agency, or political subdivision may impose any buildout,
11 system construction, or service deployment requirements on a
12 certificateholder.
13 610.108 Customer service standards.--
14 (1) All cable or video service providers shall comply
15 with customer service requirements in 47 C.F.R. s. 76.309(c).
16 (2) Any municipality or county that as of January 1,
17 2007, has an office or department dedicated to responding to
18 cable or video service customer complaints may continue to
19 respond to such complaints until July 1, 2009. Beginning on
20 July 1, 2009, the Department of Agriculture and Consumer
21 Services shall have the sole authority to respond to all cable
22 or video service customer complaints. This provision shall not
23 be construed to permit the municipality, county, or department
24 to impose customer service standards inconsistent with the
25 requirements in 47 C.F.R. s. 76.309(c).
26 (3) The Department of Agriculture and Consumer
27 Services shall receive service quality complaints from
28 customers of a cable or video service provider and shall
29 address such complaints in an expeditious manner by assisting
30 in the resolution of such complaint between the complainant
31 and the cable or video service provider. The Department of
23
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 998
578-2547-07
1 Agriculture and Consumer Services may adopt any procedural
2 rules pursuant to ss. 120.536(1) and 120.54 necessary to
3 administer this section, but shall not have any authority to
4 impose any customer service requirements inconsistent with
5 those contained in 47 C.F.R. s. 76.309(c).
6 610.109 Public, educational, and governmental access
7 channels.--
8 (1) A certificateholder, not later than 90 days
9 following a request by a municipality or county within whose
10 jurisdiction the certificateholder is providing cable or video
11 service, shall designate a sufficient amount of capacity on
12 its network to allow the provision of public, educational, and
13 governmental access channels for noncommercial programming as
14 set forth in this section.
15 (2) A certificateholder shall designate a sufficient
16 amount of capacity on its network to allow the provision of a
17 comparable number of public, educational, and governmental
18 access channels or capacity equivalent that a municipality or
19 county has activated under the incumbent cable service
20 provider's franchise agreement as of July 1, 2007. For the
21 purposes of this section, a public, educational, or
22 governmental channel is deemed activated if the channel is
23 being used for public, educational, or governmental
24 programming within the municipality or county. The
25 municipality or county may request additional channels or
26 capacity permitted under the incumbent cable service
27 provider's franchise agreement as of July 1, 2007. A cable or
28 video service provider shall locate any public, educational,
29 or governmental access channel on any tier of service offered
30 which is viewed by 100 percent of the provider's subscribers.
31
24
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 998
578-2547-07
1 (3) If a municipality or county did not have public,
2 educational, or governmental access channels activated under
3 the incumbent cable service provider's franchise agreement as
4 of July 1, 2007, not later than 6 months following a request
5 by the municipality or county within whose jurisdiction a
6 certificateholder is providing cable or video service, the
7 cable or video service provider shall furnish up to two
8 public, educational, or governmental channels or capacity
9 equivalent. The usage of the channels or capacity equivalent
10 shall be determined by a majority of all the provider's
11 subscribers in the jurisdiction, in order of preference of all
12 cable subscribers. Cable subscribers must be provided with
13 clear, plain language informing them that public access is
14 unfiltered programming and contains adult content.
15 (4) If a municipality or county has not used the
16 number of access channels or capacity equivalent permitted by
17 subsection (3), access to the additional channels or capacity
18 equivalent allowed in subsection (3) shall be provided upon 6
19 months' written notice.
20 (5) The operation of any public, educational, or
21 governmental access channel or capacity equivalent provided
22 under this section shall be the responsibility of the
23 municipality or county receiving the benefit of such channel
24 or capacity equivalent, and a certificateholder bears only the
25 responsibility for the transmission of such channel content. A
26 certificateholder shall be responsible for providing the
27 connectivity to each public, educational, or governmental
28 access channel distribution point.
29 (6) Where technically feasible, a certificateholder
30 and an incumbent cable service provider shall use reasonable
31 efforts to interconnect their networks for the purpose of
25
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 998
578-2547-07
1 providing public, educational, and governmental programming.
2 Interconnection may be accomplished by direct cable, microwave
3 link, satellite, or other reasonable method of connection.
4 Certificateholders and incumbent cable service providers shall
5 negotiate in good faith and incumbent cable service providers
6 may not withhold interconnection of public, educational, and
7 governmental channels.
8 (7) A certificateholder is not required to
9 interconnect for, or otherwise to transmit, public,
10 educational, and governmental content that is branded with the
11 logo, name, or other identifying marks of another cable or
12 video service provider, and a municipality or county may
13 require a cable or video service provider to remove its logo,
14 name, or other identifying marks from public, educational, and
15 governmental content that is to be made available to another
16 provider.
17 (8) A municipality or county that has activated at
18 least one public, educational, or governmental access channel
19 pursuant to this section may require cable or video service
20 providers to remit PEG and I-Net support contributions in an
21 amount equal to a lump-sum or recurring per-subscriber funding
22 obligation to support public, educational, and governmental
23 access channels, institutional networks, or other related
24 costs as provided for in the incumbent's franchise that exists
25 prior to July 1, 2007. If a municipality or county has not
26 required cable or video service providers to remit PEG and
27 I-Net support contributions prior to July 1, 2007, a
28 municipality or county may require cable or video service
29 providers to remit PEG and I-Net support contributions not to
30 exceed that of an adjacent local government. If no adjacent
31 local government has required PEG and I-Net support
26
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 998
578-2547-07
1 contributions, the municipality or county may require cable or
2 video service providers to remit PEG and I-Net support
3 contributions consistent with a municipality or county having
4 a comparable population.
5 (9) A court of competent jurisdiction shall have
6 exclusive jurisdiction to enforce any requirement under this
7 section.
8 610.113 Limitation on local authority.--A municipality
9 or county may not impose on activities of a certificateholder
10 a requirement:
11 (1) That particular business offices be located in the
12 municipality or county;
13 (2) Regarding the filing of reports and documents with
14 the municipality or county that are not required by state law;
15 (3) For the inspection of a certificateholder's
16 business records; or
17 (4) For the approval of transfers of ownership or
18 control of a certificateholder's business, except that a
19 municipality or county may require a certificateholder to
20 provide notice of a transfer within a reasonable time.
21 610.114 Discrimination prohibited.--
22 (1) The purpose of this section is to prevent
23 discrimination among potential residential subscribers.
24 (2) A video service provider may not deny access to
25 service to any group of potential residential subscribers
26 because of the race, income, or ethnicity of the residents in
27 the local area in which the group resides.
28 (3) For purposes of determining whether a
29 certificateholder has violated subsection (2), the
30 certificateholder shall have a reasonable time to deploy
31 service to customers within the service area designated under
27
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 998
578-2547-07
1 this act. Within 3 years after the date a certificateholder
2 begins providing video service in a service area, the
3 certificateholder shall provide access to video services to at
4 least 25 percent of the low-income households in that service
5 area. Within 5 years after the date a certificateholder begins
6 providing video service in a service area, the
7 certificateholder shall provide access to its video services
8 to at least 50 percent of the low-income households in that
9 service area.
10 (4) Except for satellite service, a video service
11 provider may satisfy the requirements of this section through
12 the use of alternative technology that offers service,
13 functionality, and content, that is demonstrably similar to
14 that provided through the provider's video service system. and
15 that may include a technology that does not require the use of
16 any public right-of-way. The technology used to comply with
17 this section shall include carrying public, education, and
18 government channels and other provisions required under this
19 act.
20 (5) A video service provider may apply to the
21 department for a waiver or extension of time to comply with
22 this section if any of the following apply:
23 (a) Access to public and private rights-of-way cannot
24 be obtained under reasonable terms and conditions.
25 (b) Developments or buildings are not subject to
26 competition because of existing exclusive service agreements.
27 (c) Developments or buildings are inaccessible using
28 reasonable technical solutions under commercially reasonable
29 terms and conditions.
30
31
28
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 998
578-2547-07
1 (d) Customers reside in an area having a density of
2 fewer than 25 homes per mile from the nearest activated
3 distribution plant of the provider.
4 (e) Natural disasters.
5 (f) Other factors beyond the control of the provider.
6 (6) The department may grant a waiver or extension
7 only if the provider has made substantial and continuous
8 effort to meet the requirements of this section. If an
9 extension is granted, the department shall establish a new
10 compliance deadline. If a waiver is granted, the department
11 shall specify the requirements waived.
12 (7) As used in this section, the term "low-income
13 household" means a household having an average annual
14 household income of less than $35,000 as determined by the
15 most recent decennial census.
16 (8) Notwithstanding any other provision of this act, a
17 video service provider is not required to comply with, and the
18 department may not impose or enforce, any mandatory build-out
19 or deployment provisions or schedules, except those required
20 to comply with this section.
21 (9) The department or a court of competent
22 jurisdiction may take any action necessary to enforce this
23 section. An affected resident or applicable local government
24 on behalf of its residents may seek any available legal remedy
25 to address an alleged violation of this section.
26 (10) The Department of Agriculture and Consumer
27 Services shall adopt rules pursuant to ss. 120.536(1) and
28 120.54 to administer this section.
29 610.115 Compliance.--If a certificateholder is found
30 by a court of competent jurisdiction not to be in compliance
31 with the requirements of this chapter, the certificateholder
29
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 998
578-2547-07
1 shall have a reasonable period of time, as specified by the
2 court, to cure such noncompliance.
3 610.116 Limitation.--Nothing in this chapter shall be
4 construed to give any local government or the department any
5 authority over any communications service other than cable or
6 video services whether offered on a common carrier or private
7 contract basis.
8 610.117 Cable or video services for public
9 facilities.--Upon request by a municipality or county, a
10 certificateholder shall provide, within 90 days after receipt
11 of the request, at no charge Internet access or cable or video
12 service to public facilities, including, but not limited to,
13 K-12 schools, community colleges, public libraries, public
14 hospitals, public health clinics, or government buildings, to
15 the extent such buildings are located within 500 feet of the
16 certificateholder's activated video distribution plant. At the
17 request of the municipality or county, the certificateholder
18 shall extend its distribution plant to serve such buildings
19 located more than 500 feet from the certificateholder's
20 distribution plant. In such circumstances, the government
21 entity owning or occupying the building is responsible for the
22 time and material costs incurred in extending the distribution
23 plant to within 500 feet adjacent to the building. The cable
24 or video service provided pursuant to this section shall
25 include, at a minimum, the basic service tier and programming
26 service tier as well as any equipment required to provide
27 those service tiers.
28 610.118 Reports to the Legislature.--
29 (1) The Office of Program Policy Analysis and
30 Government Accountability shall submit to the President of the
31 Senate, the Speaker of the House of Representatives, and the
30
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 998
578-2547-07
1 majority and minority leaders of the Senate and House of
2 Representatives, by December 1, 2009, and December 1, 2014, a
3 report on the status of competition in the cable and video
4 service industry, including, by each municipality and county,
5 the number of cable and video service providers, the number of
6 cable and video subscribers served, the number of areas served
7 by fewer than two cable or video service providers, the trend
8 in cable and video service prices, and the identification of
9 any patterns of service as they impact demographic and income
10 groups.
11 (2) By January 15, 2008, the Department of Agriculture
12 and Consumer Services shall make recommendations to the
13 President of the Senate, the Speaker of the House of
14 Representatives, and the majority and minority leaders of the
15 Senate and House of Representatives regarding the workload and
16 staffing requirements associated with consumer complaints
17 related to video and cable certificateholders. The Department
18 of State shall provide to the Department of Agriculture and
19 Consumer Services, for inclusion in the report, the workload
20 requirements for processing the certificates of franchise
21 authority. In addition, the Department of State shall provide
22 the number of applications filed for cable and video
23 certificates of franchise authority and the number of
24 amendments received to original applications for franchise
25 certificate authority.
26 610.119 Severability.--If any provision of ss.
27 610.102-610.117 or the application thereof to any person or
28 circumstance is held invalid, such invalidity shall not affect
29 other provisions or application of ss. 610.102-610.117 that
30 can be given effect without the invalid provision or
31
31
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 998
578-2547-07
1 application, and to this end the provisions of ss.
2 610.102-610.117 are severable.
3 Section 7. Paragraph (a) of subsection (3) of section
4 350.81, Florida Statutes, is amended to read:
5 350.81 Communications services offered by governmental
6 entities.--
7 (3)(a) A governmental entity that provides a cable or
8 video service shall comply with the Cable Communications
9 Policy Act of 1984, 47 U.S.C. ss. 521 et seq., the regulations
10 issued by the Federal Communications Commission under the
11 Cable Communications Policy Act of 1984, 47 U.S.C. ss. 521 et
12 seq., and all applicable state and federal rules and
13 regulations, including, but not limited to, s. 166.046 and
14 those provisions of chapters 202, 212, and 337, and 610 that
15 which apply to a provider of the services.
16 Section 8. Section 364.0361, Florida Statutes, is
17 amended to read:
18 364.0361 Local government authority; nondiscriminatory
19 exercise.--A local government shall treat each
20 telecommunications company in a nondiscriminatory manner when
21 exercising its authority to grant franchises to a
22 telecommunications company or to otherwise establish
23 conditions or compensation for the use of rights-of-way or
24 other public property by a telecommunications company. A local
25 government may not directly or indirectly regulate the terms
26 and conditions, including, but not limited to, the operating
27 systems, qualifications, services, service quality, service
28 territory, and prices, applicable to or in connection with the
29 provision of any voice-over-Internet protocol, regardless of
30 the platform, provider, or protocol, broadband or information
31
32
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 998
578-2547-07
1 service. This section does not relieve a provider from any
2 obligations under s. 166.046 or s. 337.401.
3 Section 9. Subsections (6), (7), and (8) of section
4 364.051, Florida Statutes, are amended to read:
5 364.051 Price regulation.--
6 (6) After a local exchange telecommunications company
7 that has more than 1 million access lines in service has
8 reduced its intrastate switched network access rates to
9 parity, as defined in s. 364.164(5), the local exchange
10 telecommunications company's retail service quality
11 requirements that are not already equal to the service quality
12 requirements imposed upon the competitive local exchange
13 telecommunications companies shall at the company's request to
14 the commission be no greater than those imposed upon
15 competitive local exchange telecommunications companies unless
16 the commission, within 120 days after the company's request,
17 determines otherwise. In such event, the commission may grant
18 some reductions in service quality requirements in some or all
19 of the company's local calling areas. The commission may not
20 impose retail service quality requirements on competitive
21 local exchange telecommunications companies greater than those
22 existing on January 1, 2003.
23 (7) After a local exchange telecommunications company
24 that has more than 1 million access lines in service has
25 reduced its intrastate switched network access rates to
26 parity, as defined in s. 364.164(5), the local exchange
27 telecommunications company may petition the commission for
28 regulatory treatment of its retail services at a level no
29 greater than that imposed by the commission upon competitive
30 local exchange telecommunications companies. The local
31 exchange telecommunications company shall:
33
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 998
578-2547-07
1 (a) Show that granting the petition is in the public
2 interest;
3 (b) Demonstrate that the competition faced by the
4 company is sufficient and sustainable to allow such
5 competition to supplant regulation by the commission; and
6 (c) Reduce its intrastate switched network access
7 rates to its local reciprocal interconnection rate upon the
8 grant of the petition.
9
10 The commission shall act upon such a petition within 9 months
11 after its filing with the commission. The commission may not
12 increase the level of regulation for competitive local
13 exchange telecommunications companies to a level greater than
14 that which exists on the date the local exchange
15 telecommunications company files its petition.
16 (8) The provisions described in subsections (6) and
17 (7) shall apply to any local exchange telecommunications
18 company with 1 million or fewer lines in service that has
19 reduced its intrastate switched network access rates to a
20 level equal to the company's interstate switched network
21 access rates in effect on January 1, 2003.
22 Section 10. Paragraph (h) of subsection (3) of section
23 364.10, Florida Statutes, is amended to read:
24 364.10 Undue advantage to person or locality
25 prohibited; Lifeline service.--
26 (3)
27 (h)1. By December 31, 2007 2003, each state agency
28 that provides benefits to persons eligible for Lifeline
29 service shall undertake, in cooperation with the Department of
30 Children and Family Services, the Department of Education, the
31 commission, the Office of Public Counsel, and
34
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 998
578-2547-07
1 telecommunications companies providing Lifeline services, the
2 development of procedures to promote Lifeline participation.
3 2. If any state agency determines that a person is
4 eligible for Lifeline services, the agency shall immediately
5 forward the information to the commission to ensure that the
6 person is automatically enrolled in the program with the
7 appropriate eligible telecommunications carrier. The state
8 agency shall include an option for an eligible customer to
9 choose not to subscribe to the Lifeline service. The Public
10 Service Commission and the Department of Children and Family
11 Services shall, no later than December 31, 2007, adopt rules
12 creating procedures to automatically enroll eligible customers
13 in Lifeline service.
14 3. The commission, the Department of Children and
15 Family Services, and the Office of Public Counsel shall enter
16 into a memorandum of understanding establishing the respective
17 duties of the commission, the department, and the public
18 counsel with respect to the automatic enrollment procedures no
19 later than December 31, 2007.
20 Section 11. Section 364.163, Florida Statutes, is
21 amended to read:
22 364.163 Network access services.--For purposes of this
23 section, the term "network access service" is defined as any
24 service provided by a local exchange telecommunications
25 company to a telecommunications company certificated under
26 this chapter or licensed by the Federal Communications
27 Commission to access the local exchange telecommunications
28 network, excluding the local interconnection arrangements in
29 s. 364.16 and the resale arrangements in s. 364.161. Each
30 local exchange telecommunications company subject to s.
31 364.051 shall maintain tariffs with the commission containing
35
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 998
578-2547-07
1 the terms, conditions, and rates for each of its network
2 access services. The switched network access service rates in
3 effect immediately prior to July 1, 2007, shall be, and shall
4 remain, capped at that level until July 1, 2010. An
5 interexchange telecommunications company may not institute any
6 intrastate connection fee or any similarly named fee.
7 (1) After a local exchange telecommunications
8 company's intrastate switched network access rates are reduced
9 to or below parity, as defined in s. 364.164(5), the company's
10 intrastate switched network access rates shall be, and shall
11 remain, capped for 3 years.
12 (2) Any intrastate interexchange telecommunications
13 company whose intrastate switched network access rate is
14 reduced as a result of the rate adjustments made by a local
15 exchange telecommunications company in accordance with s.
16 364.164 shall decrease its intrastate long distance revenues
17 by the amount necessary to return the benefits of such
18 reduction to both its residential and business customers. The
19 intrastate interexchange telecommunications company may
20 determine the specific intrastate rates to be decreased,
21 provided that residential and business customers benefit from
22 the rate decreases. Any in-state connection fee or similarly
23 named fee shall be eliminated by July 1, 2006, provided that
24 the timetable determined pursuant to s. 364.164(1) reduces
25 intrastate switched network access rates in an amount that
26 results in the elimination of such fee in a revenue-neutral
27 manner. The tariff changes, if any, made by the intrastate
28 interexchange telecommunications company to carry out the
29 requirements of this subsection shall be presumed valid and
30 shall become effective on 1 day's notice.
31
36
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 998
578-2547-07
1 (3) The commission shall have continuing regulatory
2 oversight of intrastate switched network access and customer
3 long distance rates for purposes of determining the
4 correctness of any rate decrease by a telecommunications
5 company resulting from the application of s. 364.164 and
6 making any necessary adjustments to those rates.
7 Section 12. Subsection (4) is added to section
8 364.385, Florida Statutes, to read:
9 364.385 Saving clauses.--
10 (4) The rates and charges for basic local
11 telecommunications service and network access service approved
12 by the commission in accordance with the decisions set forth
13 in Orders Nos. PSC 03-1469-FOF-TL and PSC 04-0456-FOF-TL, and
14 which are in effect immediately prior to July 1, 2007, shall
15 remain in effect and such rates and charges may not be changed
16 after the effective date of this act, except in accordance
17 with the provisions of ss. 364.051 and 364.163.
18 Section 13. Sections 166.046 and 364.164, Florida
19 Statutes, are repealed.
20 Section 14. This act shall take effect upon becoming a
21 law.
22
23 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
24 CS/SB 998
25
26 The committee substitute for committee substitute (CS) makes a
number of changes to the provisions relating to the use of
27 public right-of-way by providers of communications services;
use of and support for public, governmental, and educational
28 access channels (PEG); provision of cable and internet
service, at no charge, to certain education and government
29 facilities; customer service standards; and, continuation of
incumbent franchise agreements. The CS also requires an
30 applicant for a state-issued certificate of franchise to have
a system capable of an emergency override.
31
37
CODING: Words stricken are deletions; words underlined are additions.