Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1592
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/19/2021           .                                

       The Committee on Appropriations (Burgess) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 132 - 311
    4  and insert:
    5         4.A provider of communications services or Internet access
    6  services that receives an exemption under this paragraph must
    7  make investments in and improvements to its broadband services
    8  and equipment in this state in an amount equal to or greater
    9  than the exemption. The provider must annually provide to the
   10  Office of Broadband within the Department of Economic
   11  Opportunity a report listing the investments and improvements
   12  made in each tax year of the provider in which the provider
   13  claims an exemption pursuant to this paragraph.
   14         5.As used in this paragraph, the term:
   15         a.“Central office” means the location where telephone
   16  subscribers’ lines are joined to switching equipment to connect
   17  subscribers to each other, locally and long distance. Central
   18  office equipment includes, but is not limited to, switches,
   19  cable distribution frames, and batteries.
   20         b.“Communications services” has the same meaning as in s.
   21  202.11(1).
   22         c.“Headend” means the primary location in a communications
   23  provider’s network which receives television programming signals
   24  through satellite antennae or fiber optic cables for
   25  distribution to the customer premises through a distribution
   26  network. Headend equipment includes, but is not limited to,
   27  computer-based electronic equipment that receives programming
   28  signals and uses prescribed processes to combine, amplify, and
   29  convert the programming signals and transmit them through the
   30  distribution network. The headend processes and combines signals
   31  for distribution to hubs or directly to customer premises. In
   32  most cases, the headend also serves as a distribution hub for
   33  the fiber optic transfer nodes closest to the headend. The term
   34  also includes a super headend, which processes all incoming
   35  programming signals and transmits them to regional headends or
   36  directly to hubs.
   37         d.“Hub” means the secondary location in a communications
   38  provider’s network which is connected to the headend by a fiber
   39  optic or other cable. A hub may contain electronic equipment
   40  that processes, converts, and transmits signals through the
   41  distribution network, and can serve a large number of business
   42  and residential communities.
   43         e.“Internet access service” has the same meaning as in s.
   44  202.11(6) and only applies to services that provide access to
   45  the Internet with a capacity for transmission at a consistent
   46  speed of at least 25 megabits per second download and 3 megabits
   47  per second upload.
   48         f.“Provider of communications services or Internet access
   49  services” includes a dealer as defined in s. 202.11(2), a
   50  provider of Internet access service, and any member of an
   51  affiliated group as defined in s. 202.37(1)(c)2.
   52         g.“Qualifying equipment” means equipment, machinery,
   53  software, or other infrastructure used to provide communications
   54  services or Internet access services and located within a
   55  central office, headend, or hub operated by a provider of
   56  communications services or Internet access services.
   57         Section 3. Section 364.0137, Florida Statutes, is created
   58  to read:
   59         364.0137Broadband service infrastructure.—
   60         (1)The Legislature finds that just, reasonable, and
   61  nondiscriminatory rates, terms, and conditions for the access
   62  and use of municipal electric utility poles by broadband service
   63  providers is essential to deploy, upgrade, and maintain
   64  broadband service to residents of this state. It is critical
   65  that municipal electric utility pole access and use rates are
   66  just, reasonable, nondiscriminatory, and fully compensatory,
   67  which may be achieved under the federal framework applicable to
   68  utility poles owned and operated by investor-owned utilities.
   69  The terms and conditions associated with the access and use of
   70  utility poles must be consistent with 47 U.S.C. s. 224, the
   71  Communications Act of 1934, as amended, and the regulations of
   72  the Federal Communications Commission as those regulations
   73  existed on July 1, 2021, except as authorized by this section
   74  and agreed to by the parties.
   75         (2)As used in this section, the term:
   76         (a)“Attachment” means a wire or cable affixed to a utility
   77  pole or structure in the communications space or in a duct,
   78  conduit, or right-of-way owned or controlled by a municipal
   79  electric utility.
   80         (b)“Broadband provider” means a person who provides fixed,
   81  terrestrial broadband service. The term includes a person who
   82  provides or offers additional services to the public in addition
   83  to broadband service.
   84         (c)“Broadband service” means a service that provides high
   85  speed access to the Internet at a rate of at least 25 megabits
   86  per second in the downstream direction and at least 3 megabits
   87  per second in the upstream direction.
   88         (d)“Communications space” means the lower usable space on
   89  a utility pole which is typically reserved for low-voltage
   90  communications equipment.
   91         (e)“Complex make-ready work” means transfers and work
   92  within the communications space which would be reasonably likely
   93  to cause a service outage or facility damage, including work
   94  such as splicing of any communication attachment or relocation
   95  of existing wireless attachments. The term includes any and all
   96  wireless activities, including those involving mobile, fixed,
   97  and point-to-point wireless communications and wireless service
   98  providers, and any work involving the space above the safety
   99  space as defined in the National Electrical Safety Code.
  100         (f)“Larger order” means a pole attachment application
  101  requesting access to a number of poles greater than the lesser
  102  of 300 poles or 0.5 percent of a municipal electric utility’s
  103  poles, and up to the lesser of 3,000 poles or 5 percent of the
  104  municipal electric utility’s poles. For purposes of determining
  105  whether a request is a larger order, a municipal electric
  106  utility may treat multiple requests from a single new attacher
  107  as one request when the requests are filed within 30 days of one
  108  another.
  109         (g)“Make-ready work” means engineering or construction
  110  activities necessary to make a pole or similar structure
  111  available for a new pole attachment or pole attachment
  112  modification, including, but not limited to, rearrangement,
  113  removal, and replacement of the pole, transfers, and other work
  114  incident thereto.
  115         (h)“Redundant pole” means a utility pole designated for
  116  removal from which the municipal electric utility has removed
  117  its facilities and provided written notice to the broadband
  118  service provider that the provider needs to remove its
  119  facilities.
  120         (i)“Simple make-ready work” means work in the
  121  communications space to accommodate a new pole attachment on a
  122  pole which can be conducted without any reasonable expectation
  123  of a:
  124         1.Service outage or facility damage;
  125         2.Need to splice an existing communications attachment; or
  126         3.Need to relocate an existing wireless attachment.
  127         (j)“Utility pole” means a pole owned or controlled by a
  128  municipal electric utility which is used in whole or in part for
  129  electric distribution.
  130         (3)To promote the deployment of broadband service to all
  131  residents, each municipal electric utility shall:
  132         (a)Charge just, reasonable, and nondiscriminatory rates
  133  for access to any utility pole it owns or operates which do not
  134  discriminate between or among such providers and any other
  135  attaching entity, including any entity affiliated with the
  136  municipal electric utility, regardless of the services
  137  furnished. Except as provided in subsection (4), such rates may
  138  not exceed the rate calculated consistent with 47 U.S.C. 224(d)
  139  and any Federal Communications Commission regulations and
  140  decisions adopted thereunder as such regulations and decisions
  141  existed on July 1, 2021.
  142         (b)Maintain and make available to a broadband provider all
  143  records necessary to calculate the rate it charges to the
  144  provider in accordance with paragraph (a).
  145         (c)Provide broadband providers with access to any utility
  146  pole it owns or operates and adopt just, reasonable, and
  147  nondiscriminatory terms and conditions for such access
  148  consistent with the requirements applicable to investor-owned
  149  utilities under 47 U.S.C. s. 224 and any Federal Communications
  150  Commission regulations and decisions adopted thereunder, as such
  151  regulations and decisions existed on July 1, 2021, except as
  152  otherwise provided in this section and agreed to by the parties.
  153  Notwithstanding the foregoing:
  154         1.If necessary to accommodate a broadband provider’s new
  155  attachment, the municipal electric utility shall rearrange,
  156  expand, replace, or otherwise safely reengineer any utility pole
  157  upon the request of the broadband provider.
  158         2.If the municipal electric utility is required to replace
  159  a utility pole pursuant to subparagraph 1., the municipal
  160  electric utility may require a broadband provider to reimburse
  161  reasonable costs attributable solely to the new attachment.
  162  Broadband providers may not be required to pay for the cost of
  163  utility betterment or for costs attributable to preexisting
  164  noncompliance.
  165         (4)A municipal electric utility may require a broadband
  166  provider to enter into a pole attachment agreement to attach to
  167  a utility pole the municipal electric utility owns or operates,
  168  and the parties shall negotiate such agreements in good faith.
  169         (a)Broadband providers and municipal electric utilities
  170  shall negotiate in good faith to adopt pole attachment
  171  agreements consistent with this section or to amend existing
  172  agreements to ensure that attachments installed after July 1,
  173  2021, are performed consistent with the terms of this section.
  174  The parties must negotiate in good faith for at least 60 days
  175  after receipt of a written request, after which either party may
  176  petition the circuit court to determine rates, terms, and
  177  conditions for the agreements consistent with this section.
  178         (b)At a minimum, a broadband provider shall comply with
  179  the safety and engineering standards for pole attachments
  180  specified in the National Electrical Safety Code. A municipal
  181  electric utility may adopt publicly available, reasonable, and
  182  nondiscriminatory municipal electric utility safety and
  183  engineering standards for the protection of the public health,
  184  safety, or welfare which exceed specifications in the National
  185  Electrical Safety Code. If a municipality has adopted or adopts
  186  such standards that exceed such specification in the National
  187  Electrical Safety Code, the broadband provider must meet the
  188  stricter standards.
  190  ================= T I T L E  A M E N D M E N T ================
  191  And the title is amended as follows:
  192         Delete lines 7 - 21
  193  and insert:
  194         sales and use tax; providing exceptions; providing
  195         that a provider that receives the exemption must make
  196         investments in and improvements to its broadband
  197         services and equipment equal to or greater than the
  198         amount of the exemption; defining terms; creating s.
  199         364.0137, F.S.; providing legislative findings;
  200         defining terms; requiring municipal electric utilities
  201         to ensure that their broadband provider rates and fees
  202         meet certain requirements and to make certain records
  203         available to broadband providers, provide access to
  204         their utility poles, and establish just and reasonable
  205         terms and conditions for broadband provider
  206         attachments; providing a process for a municipal
  207         electric utility and a broadband provider to enter
  208         into pole attachment agreements; requiring broadband
  209         providers to comply with safety and engineering
  210         standards for pole attachments which meet certain
  211         minimum requirements; providing an