HomeMy WebLinkAboutChoice ActFLORIDAHOUSEOF REPRESENTATIVES.
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CS/CS/HB 529, Engrossed 1
2007 Legislature
A bill to be entitled
An act relating to communications; providing a short
title; providing legislative findings; providing
legislative intent; amending s. 202.11, F.S. providing a
definition; amending s.'202.24, F.S.; prohibiting counties
and municipalities from negotiating terms and conditions
relating to cable and video services; deleting
authorization to nego0iate; revising application to
existing ordinances or franchise agreements; amending s.
337.401,,F.S.; deleting authorization for counties and
municipalities to award cable service franchises and a
restriction that cable service companies not operate
without such a franchise; amending s. 337.4061, F.S.;
revising definitions;,creating ss. 610.102, 610.103,
610.104, 610.105, 610.106, 610.107, 610.108, 610.109,
610.112, 610.113, 610.114, 610.115,, 610.116, 610.117,
620.118, 610.119 and 610.120, F.S.; designating the
Department of State as the authorizing authority;
providing definitions; requiring state authorization to
provide cable and video services; providing requirements
and procedures; providing for fees; providing duties and
responsibilities of the Department of State; providing
application procedures and requirements; providing for
issuing certificates of franchise authority; providing
eligibility requirements and criteria for a certificate;
providing for amending a certificate; providing for
transferability of certificates; providing for termination
of certificates under certain circumstances; providing for
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iiiCS/CS/HB 529, Engrossed 1
29 challenging a department rejection of an application;
30 providing that the department shall function in a
3 ministerial capacity for certain purposes; providing for
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32 an application form; providing for an application fee;
1 requiring certain information updates; providing fora
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34 processing fee; providing for cancellation upon notice
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that information updates and processing fees are not
received; providing opportunity to cure; providing
36 rovidin for an oPP y
37 for transfer of such fees to the iepartment of Agriculture
38 and Consumer Services; requiring the department to
39 maintain a separate account for cablefranchise revenues;
40 providing for fees to the Department of State for certain
41 activities; providing for incumbent cable service provider
42 eligibility for state -issued franchises; providing for
43 certain notice to municipal or county franchise authority;
44 providing for termination of a municipal or county
45 franchise; declaring certain additional obligations on a
46 franchisee against public policy and void; prohibiting the
47 department from imposing additional taxes, fees, or
48 charges on a cable or video service provider to issue a
49 certificate; prohibiting imposing buildout, construction,
50 and deployment requirements on a certificateholder;
51 imposing certain customer service requirements on cable
52 service providers; allowing a municipality or county to
53 respond to complaints for a time certain; requiring the
54 Department of Agriculture and Consumer Services to receive
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customer service complaints; requiring provision. of
56 public, educational, and governmental access channels or
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57 their functional equivalent; providing criteria,
58. requirements, and procedures; providing exceptions;
59 providing responsibilities of municipalities and counties.
60 relating to such channels; providing, for cable or video
61
services for certain public facilities; providing
62 requirements for and'limitations on counties and
53 municipalities relating to access to public right-of-way;
64 prohibiting counties and municipalities from imposing
65 additional requirements on certificateholders; authorizing
66 counties, and municipalities to require permits of
67 certi.ficateholders relating to public right-of-way;
68 providing permit criteria and requirements; prohibiting
69 discrimination among cable and video service subscribers;
70 providing for enforcement; clarifying local government and
71 department authority over communications services;
72 providing for enforcement of compliance by
73 certificateholders; providing for court -ordered operation
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under existing franchise agreements; providing
75 requirements for cable service providers under certain
76 court. orders; requiring the Office of Program Policy
77 Analysis and Government Accountability to report. to the
78 Legislature on the status of competition in the cable and
79 video service industry; providing report requirements;,
80 requiring the Department of Agriculture and Consumer
81 Services to make recommendations to the Legislature;
82 providing duties of the Department of State; providing
83 severability; amending es. 350.81 and 364.0361, F.S.;
B4 conforming cross-references; amending s. 364.051, F.S.;
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F L O R. I D A HOUSE O F REPRSENTAWES
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deleting provisions under which certain telecommunications
companies may elect alternative regulation;eamending s..
364.10, F.S.; providing requirements for enrolling certain
persons in the Lifeline service program; requiring the
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Public Service Commission to adopt rules by a specified
date; requiring the commission, the Department of Children
and Family Services, and the Office of Public Counsel to
enter into a memorandum of understanding of respective
duties under the Lifeline service'program; amending s.
364.163, F.S.; providing for a cap on certain switched
network access service rates; deleting a time period in
which intrastate access rates are capped; prohibiting
interexchange telecommunications companies from
instituting any intrastate connection fee; deleting
provisions for regulatory oversight of intrastate access
rates; amending s. 364.385, F.S.; providing for continuing
effect of certain rates and charges approved by the Public
Service Commission; providing for an exception; repealing
s. 166.046, F.S., relating to definitions and minimum
standards for cable television franchises imposed upon
counties and municipalities; repealing s. 364.164, F.S..,
relating to competitive market enhancement; creating s.
501.2079, F.S.; providing for violations involving
discrimination in delivery of video service; providing
definitions; prohibiting discrimination; providing a time
to cure; providing criteria; providing for enforcement;
providing remedies; providing an effective date.
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CS/CS/HS 529, Engrossed 1
Be It Enacted by the Legislature of the State of Florida:
2007 Legislature
Section 1. This act may be cited as the "Consumer Choice
Act of 2007."
Section 2. The Legislature finds that providing an
incumbent cable or video service provider with the option to
sedure a statutory certificate franchise through the preemption
of an existing cable franchise between a cable or video service
provider and any politicalfsubdivision of the
but not limited to, any muhicipality or
new regulatory framework
element of the
f statewide concern to best ensure equal protection
state,
including,
as a matter o
and parity among providers and technologies, as well as to
achieve the goals stated by the Legislature in enacting this
act.
Section 3. Subsection
Florida Statutes, to read:
202.11 Definitions. -,-As
county, is an essential
established by this act
(24) is added to section 202.11,
used in this chapter:
(24) "Video service" has the same meaning as that provided
in s. 610.103.
Section 4. Paragraphs (a) and (c) of subsection (2) of
section 202.24, Florida Statutes, are amended to read:
202.24 Limitations on local taxes and fees imposed on
dealers of communications services.
--
(2)(a) Except as provided in paragraph (c), each public
body is prohibited from:
1. Levying on or collecting from dealers or purchasers of
communications services any tax, charge, fee, or other
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imposition on or with respect to the provision or purchase of
communications services.
2. Requiring any dealer of communications services to
enter into or extend the term of a franchise or other agreement `
that requires the payment of a tax, charge, fee, or other
imposition.
3. Adopting or enforcing any provision of any ordinance or
agreement to the extent that such provision obligates a dealer
of communications services to charge, collect, or pay to the
public body a tax, charge, fee, or other imposition.
Municipalities and counties may not Each municipality and eounsy
rctaino authority to negotiate all tcrmo and condition° of a
cablc aerviee fraftehi-ee allewc
those terms and conditions related to franchise fees or a4 the
definition of gross revenues or other definitions or
methodologies related to the payment or assessment of franchise
,fees onproviders of cable or video services.
(c) This subsection does not apply to:
1. Local communications services taxes levied under this
chapter.
2. Ad valorem taxes levied pursuant to chapter 200.
3. Occupational license taxes levied under chapter 205.
4. "911" service charges levied under chapter 365.
5. Amounts charged for the rental or other use of property
owned by a public body which is not in the public rights -of -way
to a dealer of communications services for any purpose,
including, but not limited to, the placement or attachment of
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CSICSIHB 529, Engrossed 1
169 equipment used in the provision of communications services.
170 6.. Permit fees of general applicability which are not
171 related to placing or maintaining facilities in or .on public
172 roads or rights -of -way.
173 7. Permit fees related 'to placing or maintaining
174 facilities in or'on public roads or rights -of -way pursuant to s.
175 337.401.
176 8. Any in -kind requirements, institutional networks, or
177 contributions for, or in support of, the use or construction of
178 public, .educational, or goyerrimental access facilities allowed
179 under federal law and imposed on providers of cable or video
1$0 service pursuant to. any existing ordinance or an existing
181 franchise agreement granted by each municipality or county,
182 under which ordinance or franchise agreement service is provided.
183 prior to July 1, 2007, or as permitted under chapter 610.
184 Nothing in this subparagraph shall prohibit the ability of
185 providers of cable or video service to recover such expenses as
186 allowed under federal law..
187 9. Special assessments and impact fees.
188 10. Pole attachment fees that are charged by a local
189 government for attachments to utility poles owned by the local
190 government.
191 11. Utility service fees or other similar user fees for
192 utility services.
193 12. Any other, generally applicable tax, fee, charge, or
194 imposition authorized by general law on July 1, 2000, which is
195 not specifically prohibited by this subsection or included as a
196 replaced revenue source in s. 202.20.
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1 7
Section 5 Paragraphs (a), (b), (e), and (f) of subsection
(3)'of section 337.401, Florida Statutes, are amended to read:
337.401 Use of right-of-way for utilities subject to
1p8
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200 regulation; permit; fees.--
2101 (3) (a) -- Because of the unique circumstances applicable'to
202 providers of communications services, including,
but not limited
203 to, the circumstances described in paragraph (e) and the fact
204 that federal and state law require the nondiscriminatory
205 treatment of providers of telecommunications services, and
206 because of the desire to promote competition among providers of
207 communications services, it is the intent of the Legislature
208 that municipalities and counties treat providers of
209 communications services in,a nondiscriminatory and competitively
210 neutral -manner -when imposing rules or regulations governing the
211 placement or maintenance of communications facilities in the
212 public roads or rights -of -way. Rules or regulations imposed by a
213 municipality or county relating to providers of communications
214 ,services placing or maintaining communications facilities in its
218' roads or rights -of -way must be generally applicable to all
216 providers of communications services and, notwithstanding any
217 . other law, may not require a provider of communications
218 services, c3cccpt as etl crw3oc iprovidcd in subparagraph 2 . , to
219 apply for or enter into an individual license, franchise, or
220 other agreement with the municipality or county as a condition
221 of placing or maintaining communications facilities in its roads
222 or rights -of -way. In addition to other reasonable rules or
223 regulations that a municipality or county may adopt relating to
224 the placement or maintenance of communications facilities in its
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roads or rights -of -way under this subsection,a municipality or
county may require a provider of communications services that
places or seeks to place facilities in its roads or rights -of -
way to register with the municipality or county and to provide
the name of the registrant; the name, address, and telephone
number of a contact person for the registrant; the number of the
registrant's current certificate of authorization issued by the
Florida Public Service Commission, a the Federal Communications
Commission, or the Department, of State; and proof of insurance
or self -insuring status adaquate to defend and cover claims.
2. Notwithotanding the poovi Sono of subparagraph 1., a
ty ,
ohall not provide cabs ecrvicc
municipality and county retains authority to ncgotiatc all terms
and conditiono of a cable ecrvice franchioc allowed by federal
e f ee-s an
witheut sued franc ioc. Each
eeelit-y—may—emerei-se—i-t-e—r-ight to require from providcra 'ef cable
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253
-seciate-el with s-ueh in kind requi te , to the
254 cxtcnt pc-rmitted by federal law.
255 (b) Registration described in paragraph oubparagraph (a)�
256 does not establish a right to place or maintain, or priority for,
257 the placement or maintenance of, a communications facility in'
258 roads or rights -of -way of a municipality or county. Each
259 municipality and county retains the authority to regulate and
260 manage municipal and county roads or rights -of -way in exercising
261 its police power. Any rules or regulations adopted by a
262 municipality or county which govern the occupation of its roads
263 or rights -of -way by providers of communications services must be
264 related to the placement or maintenance of facilities in such
265 roads or rights -of -way, must be reasonable and
266 nondiscriminatory, and may include only those matters necessary
267 to manage the roads or rights -of -way of the municipality or
268 county.
269 (e) The authority of municipalities and counties to
270 ,require franchise fees from providers of communications
271' services, with respect to the provision of communications
272 services, is specifically preempted by the state, cxccpt are
273 because of unique
274 circumstances applicable to providers of communications services
275 when compared to other utilities occupying municipal or county
276 roads or rights -of -way. providers of communications services may
277 provide similar services in a manner that requires the placement
278 of facilities in municipal or county roads or rights -of -way or
279 in a manner that does not require the placement of facilities in
280 such roads or rights -of -way. Although similar communications
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281 services may be provided by different means, the state desires
282 to treat providers of communications services in a
283 nondiscriminatory manner arid to have the taxes, franchise fees,
284 and other fees paid by p
roviders of communications services be
285 competitively neutral. Municipalities and counties retain all
286 existing authority, if any, to collect franchise fees from users
287 or occupants of municipal or county roads or rights -of -way other
288 than providers of communications services„ and the provisions of
289 this subsection shall have,no effect upon this authority. The
290 provisions of,this subsection do not restrict the authority, if
291 any,
of municipalities or &ounties or other governmental
292 entities to receive reasonable rental fees based on fair market
293 value for the use of public lands and buildings on property
294 'outside the public roads or rights -of -way for the placement of
295 communications antennas and towers.
296 (f) Except as expressly allowed or authorized by general
297 law and except for the rights -of -way permit fees subject to
298 ,paragraph (c), a municipality or county may not levy on a
299 provider of communications, services a tax, fee, or other charge
300 or imposition for operating as a provider of communications
301 services within the jurisdiction of the municipality or county
3'02 which is in any way related to using its roads or rights -of -way.
303 A municipality or county may not require or solicit in -kind
304 compensation, except as otherwise provided in s. 202.24(2)(c)8.
305 or s. 610.109 . Nothing in this paragraph shall
306 impair any ordinance or agreement in effect, on May 22, 1998,'or
307 any Voluntary agreement entered into subsequent to that date,
308 which provides for or allows in -kind compensation by a
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telecommunications company.
Section 6. Section 337.4061, Florida Statutes, is amended
to read:
337.4061 Definitions; unlawful use of state -maintained
road right-of-way by nonfranchised cable and video tcicvioion
services.--
(1) As used in this section, the term:
(a) "Cable service"
1. The one-way transmission to subscribers of video
programming or any other programming service; and
2. Subscriber interaction, if any, which is required for
the selection or use of such video programming or other
programming service.
(b) "Cable system" means a
of closed transmission paths and
reception, and control equipment
cable service which includes video programming and which
a community, but
means:
serves
facility, consisting of a set
associated signal generation,
that is designed to provide
within
only to
or more
retransmit the
television broadcast
multiple -unit dwellings under common
management, unless such facility or facilities use any public
right-of-way;
3. A facility that serves subscribers without using any
public right-of-way_
4 3- A facility of a common carrier that is subject, in
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is
such
stations;
or more
'p'rovided to multiple subscribers
term does not include:
1. A. facility that
television signals of one
2. A facility that serves only subscribers in one
ownership, control,
or
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337 whole or in arty to the rovisions of Title II of the federal
338 Communications Act of 1934, except such facility shall be
339 considered a cable system other than for purposes of 47 U.S.C.
340 Section 541(c) to the extent such facility is used in the
341transmission of video programming directly to subscribers,
342 .unless the extent of such use is solel to rovide interactive
.343 on-2demand services; er
344 5.4-- Any facilities of any electric, utility used solely
345 for operating its electric utility systems; or
346 6 An o en video s sternthat com lies with 47 U.S.C.
347 Section 573..
348 (c) "Franchise" means an initial authorization or renewal
349 thereof issued by a franchising authority, whether such
35.0 authorization is designated as a franchise, permit, license,
351 resolution, contract, certificate', agreement,
or otherwise,
352 which authorizes the construction or operation of a cable system
353 or video service rovider network facilities.
354 (d) "Franchising Franchisin authority" means any governmental entity
355 empowered by federal, state, or local law to grant a franchise.
356
(e) "Person" means an individual, partnership,
357 association, joint stock company, trust., corporation, or
358 governmental entity.
359 (f) "Video programming" means programming provided by or
360 generally considered comparable to programming provided by a
361 television broadcast station or cable system.
362 (•) "Video service" has the same meanin• as that •rovided
363 in s. 610.103.
364 (2) It is unlawful to use the right -of --way of any state -
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365 maintained road, including_ appendages thereto, and also
366 including, but not limited to, rest areas, wayside parks,
to
boat-
367 launching ramps, weigh stations, and scenic easements',
368 provide for cable or video service over facilities pia-rpeee.
369 within a geographic area subject to a valid existing franchise
370 for cable or video service, unless the cable or video service
371 ro§r eyetem using such right-of-way holds a franchise from a
372 franchise authori
for the area in
373 which the right-of-way is located.
374 (3) A violation of thissection shall be deemed a
375 violation of s. 337.406.
376
Section 7. Sections 610.1.02, 610.103, 610.104, 610.105,
377 610.106, 610.107, 610.108, 61Q.109, 610.112, 610.113, 610.114,
378 610.115, 610.116, 610.117, 610.118, 610.119, and 610.120,
379 Florida Statutes, are created to 'read:
380 610.102 Department of State authority to issue statewide
381, cable and video franchise. --The department shall be designated
382 ,as the franchising authority for a.state-issued franchise for
383 the provision of cable or video service. A municipality or
384 county may' not grant a new franchise for the provision of cable
385 .or video service within its jurisdiction_
386 610.103 Definitions --As used in ss 610.102--610.117:
387 (1) "Cable service" means:
388 (a) The one-way transmission to subscribers of video
389 programming or any other programming service.
390 (b) Subscriber interaction, if any, that is required for
391 the selection or use of such video programming or other
392 pro rammin service.
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(2) "Cable service provider" means a person that provides
cable service over a cable system.
(3) "Cable system" means a facility consisting of a set of
closed transmission paths and associated signal generation,
reception, and control equipment that is designed to provide
cable service that includes video _programming and that is
provided to multiple subscribers within a community, but such
term does not include:
(a) A facility that serves only to retransmit the
television signals of one or more television broadcast stations;
(b) A facility that serves only subscribers in one or more
multiple -unit dwellings under common ownership, control, or
management, unless such facility or facilities use any public
right-of-way;
(c) A facility that serves Subscribers without using any
public right--of-way;
(d) A facility of a common carrier that is subject, in
whole or in part, to the provisions of Title II of the federal
Communications Act of 1934 except that such facility shall be
considered a cable system other than for purposes of 47 U.S.C.
Section 541(c) to the extent such facility is used in the
transmission of video programming directly to subscribers,
unless the extent of such use is solely to provide interactive
on -demand services;
(e) Any facilities of any electric utility used solely for
operating its electric utility systems; or
(f) An open video system that complies with 47 U.S.C.
Section 573.
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(4) "Certificateholder" means a cable or video service
provider that has been issued and holds a certificate of
franchise authority from the department. .
(5) "Department" means the Department of State.
(6) "Franchise" meant an initial authorization or renewal
of an authorization, regardless of whether the authorization is
designated as a franchise, permit, license, resolution,.
contract, certificate, agreement, or otherwise, to construct and
operate a cable system or video service provider network
facilities in, the public right-of-way.
(7) "Franchise authority" means any governmental entity
empowered by federal, state, or local law to grant a franchise.
(8) "Incumbent cable service provider" means a cable or
video service provider providing cable or video service on July
1, 2007.
(9) "Public right-of-way" means the area on, below, or
above a public roadway, highway,.. street, sidewalk, alley, or
,waterway, -.-including, without limitation, .a -municipal, county,
state, district, or other public roadway, highway, street,
sidewalk, alley, or waterway.
(10) "Video programming" means programming provided by, or
generally considered comparable to programming provided by, a
television broadcast station as set forth in 47 U.S.C. s.
522 (20) .
(11) "Video service" means video programming services,
including cable services, provided through wireline facilities
located at least in part in the public rights -of -way without
regard to delivery technology, including Internet protocol
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technology. This definition does not include any video
programming provided by a commercial mobile service provider aa.
defined in 47 U.S.C. s. 332(d), video programming provided as
part of, and via a service that'enables end users to access
content, information, electronic mail, or other services offered
over the public Internet.
(12) "Video service provider" means an entity providing
video service.
610.104 State authorization to provide cable or video
service.--
(1) An entity or person seeking to provide cable or video
service in this state after July 1, 2007, shall file an
application for a state -issued certificate of franchise
authority with the department as required by this section.
(2) An applicant for a state -issued certificate of
franchise authority to provide cable or video service shall
submit to the Department of State an application that contains:
(a) The official nameofthe cable or video service
provider.
(b) The street address of the principal place of business
of the cable or video service provider.
(c) The federal employer identification number or the
Department of State's document number.
(d) The name, address, and telephone number of an officer,
partner, owner, member, or manager as a contact person for the
cable or video service provider to whom questions or concerns
may be addressed.
(e) A duly executed affidavit signed by an officer,
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partner, owner, or managing member affirming and containing:
1. That the applicant is fully qualified under the
rovisions of this cha ter to:file an a lication and affidavit.
for a certificate of franchise authority.
2. That the applicant has filed or will timely file with
the Federal Communications Commission all forms required by that
agency in advance of offering cable or video service in this
state.
3. That the applicant agrees to comply with all applicable
federal and state laws and regulations, to the extent such state
laws and rules are not in conflict with or superseded by the
provisions of this chapter or'other applicable state law.
4. That the applicant agrees to comply with all state laws
and rules and municipal and county ordinances and regulations.
regarding the placement and maintenance of communications
facilities in the public rights -of -way that are generally
applicable to providers of communications services in accordance
;with s•. 337.401.
5. A description of the service area for which the
applicant seeks a certificate of franchise authority provided on
a municipal or countywide basis. The description may be provided
in a manner that does not disclose competitively sensitive
information. Notwithstanding the foregoing:
a. For incumbent cable or video service providers that
have existing local franchise agreements, the service area. shall
be coextensive with the provider's service area description in
the existing local franchise.
b. For applicants using telecommunications facilities to
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505
506
507
508
509
510
511,
5121
5131
514 cha ter.48.
515 7. That the applicant will file with the department a
516 notice of commencement of service within 5 business days after
517 first providing service in each area described in subparagraph
518 5.
519 8. A statement affirming that the applicant will notify
,520 the department of any change of address or contact person.
521 9. The applicant's system shall comply with the Federal
522 'Communications Commission's rules and regulations of the
523 Emergency Alert System.
524 (3) Before the loth business day after the department
525 receives the application, the department shall notify the
526 applicant whether the application and affidavit described in
527 subsection (2) are complete. If the department rejects the
528 application and affidavit, the department shall specify with
529 particularity the reasons for the rejection and permit the
530 applicant to amend the application or affidavit to cure any
531 deficiency. The department shall act upon the amended
532 application or affidavit within 10 business days after the
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ENROLLED
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provide video services, the service area.shall be described in
terms of entire wire centers that may or may not be consistent
with municipal or county boundaries except any portion of a
specific wire center which will'remain subject to an existing
cable or video franchise agreement until the earlier of the
agreement's expiration or termination.
6. The location of the applicant's principal place of
business, the names of the applicant's principal executive
officers, and a physical address sufficient for the purposes of
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533 department's receipt of_ the amended application or affidavit.
534 (4) The department shall issue a certificate of franchise
535 authority to the applicant before the 15th business day after 536 receipt of an accepted application. The certificate of franchise'
537 authority issued by the department shall contain:
538 (a) The name of the certificateholder and its
539 identification number.
540 (b) A grant of authority to provide cable or video service
541 as requested in the application.
542 (c) A grant of authority to construct, maintain, and
543 operate facilities through, upon, over, and under any public
544 right-of-way or waters, subject to the applicable governmental
545 permitting or authorization from the Board of Trustees of the
546 ,Internal Improvement Trust Fund.
547 (d) A statement that the grant of authority is subject to
548 lawful operation of the cable or video service by the applicant
549 or its successor in interest.
550 (e) A statement that describes the service area for which
551 this.. certificate of authority applies.
552 (f) A statement that includes the issuance date that shall
553 be the effective date of the commencement of this authority..
554 (5) If the department fails to act on the accepted
555 application within 30 business days after receiving the accepted
556 application, the application shall be deemed approved by the
557 department without further action.
558 (6), A certificateholder that seeks to include additional
559 service areas in its current certificate shall file an amendment
560 to the certificate with the department. Such amendment shall
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specify the nacre and address of the
service area or areas to be served,
(2)(e)5., but need not be coextensive with municipal
boundaries, and the effective date of commencement
in the new service area or areas. Such amendment
with the department within 5 business days after
service in each such additional area.
(7) The certificate of franchise
department is fully transferable to any successor in interest to
the applicant to which the certificate is initially granted. A
notice of transfer shall be filed with the department and the
relevant municipality or county within 14 business days
following the completion of such transfer,
(8) The certificate of franchise authority issued by
department may be terminated by the cable or video service
provider by submitting notice to the department.
(9) An applicant may challenge a rejection of an
:application by the department in a court of competent
jurisdiction through a petition for mandamus.
(10) In executing the provisions of this section,
department shall function in a ministerial capacity accepting
information contained in the application and affidavit
value. The applicant shall ensure continued compliance
applicable business formation,
rovisions of law.
(11) The application
fee of $10,000. A parent company may file a single application
covering itself and all of its subsidiaries and affiliates
Page 21 of 45
2007 Legislature
certificateholder, the new
consistent with subparagraph
authority
registration,
and
or
county
of operations'
shall be filed
first providing
issued by the
the
at face
with all
taxation
the
shall be accompanied by a one-time
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intendin to rovide cable or video service in the service areas
throughout the state as described in paragraph (3)(d), but the
entity actually providing such service in a given area shall
otherwise be considered the certificateholder'under this act.
(12) Beginning 5 years.after approval of the
certificateholder's initial certificate of franchise issued by
the department, and every 5 years thereafter, the
certificateholder shall update. the information contained in the
original application for a certificate of franchise. At thetime
of filing the information update, the certificateholder shall
pay a processing fee of $1,000. Any certificateholder that fails
to file the updated information and pay the processing fee on
the 5-year anniversary dates shall' be subject to cancellation of
.its state -issued certificate of franchise authority if, upon
notice given to the certificateholder at its last address on
file with the department, the certificateholder fails to file
the updated information and pay the processing fee within 30
days after the date notice wa,s mailed. The application and
processing in fees imposed in this section shall be paid to the
Department of State for deposit into the Operating Trust Fund
for immediate transfer by the Chief Financial Officer to the
General Inspection Trust Fund of, the Department of Agriculture
and Consumer Services. The Department of Agriculture and
Consumer Services shall maintain a separate account within the
General Inspection Trust Fund to distinguish cable franchise
revenues from all other funds. The application, any amendments
to the certificate, or information updates must be accompanied
by a fee to the Department of State equal to that for filing
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617 articles of incorporation pursuant to s. 607.0122(1).
b18 610.105 Eligibility for state -issued franchise.--
619 (1) After July 1, 2007, an incumbent cable or video
620 service provider is immediately eligible at its option to apply '+
621 for a state -issued certificate of franchise authority under this
622 chapter and shall file a written notice with the applicable.
623 municipality or county in which the provider provides cable or
624 video service simultaneously with any filing with the department
625 under this chapter. The applicable municipal or county franchise
626 is terminated under this section on the date the department
627 issues the state -issued certificate of franchise authority.
628 (2) If an incumbent cable or video service provider has
629 been granted a state -issued certificate of franchise authority
630 that covers all or a portion of a municipality or county, any
631 obligation under any existing municipal or county franchise that
632 exceeds the obligations imposed on the certificateholder in the
633 area covered by the certificate shall be against public policy
634 ;.and void.
635 610.106 Franchise fees prohibited. --Except as otherwise
536 provided in this chapter, the department may not impose any
637 taxes, fees, charges, or other impositions on a cable or video
638 service provider as a condition for the issuance of a state-
639 issued certificate of franchise authority. No municipality or
640 county may impose any taxes, fees, charges, or other exactions
641 on certificateholders in connection with use of public right-of-
642 way as a condition of a certificateholder doing business in the
643 municipality or county, or otherwise, except such taxes, fees,
644 charges, or other exactions permitted by chapter 202, s.
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CS/CSIH20
B 529, Engrossed 1 0
645 337.401(6), or,s. 610.117.
646 610.107 Buildout.--No franchising authority, state agency,
647 or political subdivision may ;impose any buildout, system
648 construction, or service deployment requirements on a
649 certificateholder._
650 610.108 Customer service standards.--
651 (Y1) All cable or video service providers shall comply with
652 customer service requirements in 47 C.F.R. s. 76.309(c).
653 (2) Any municipality or county that, as of January 1,
654 2007, has an office or department dedicated to responding to
655 cable or video service customer complaints may continue to
656respond to such complaints until July 1, 2009. Beginning July 1,
657 2009, the Department of Agriculture and Consumer Services shall
658 'have the sole authority to respond to all cable or video service
659 customer complaints. This provision does not permit the
660 municipality, county, or department to impose customer service
661 standards inconsistent with the requirements in 47 C.F.R. s.
662 76.309 (c)
663 (3) The Department of Agriculture and Consumer Services
664 shall receive service quality complaints from customers of a
665 cable or video service provider and shall address such
666 complaints in an expeditious manner by assisting in the
667 resolution of such complaint between the complainant and the
668 cable or video service provider. The Department of Agriculture
669 and Consumer Services may adopt any procedural rules pursuant to
670 ss. 120.536(1) and 120.54 necessary to administer this section,
671 but shall not have any authority to impose any customer service
672 requirements inconsistent with those contained in 47 C.F.R. s.
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ENROLLED
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673 76.309(c).
674 610.109 public, educational,
675 channels.--
6 76
677 a re uest b a munici alit or count within whose 'urisdiction
678 the certificateholder is providing cable or video service, shall
679 designate a sufficient amount of capacity on its network to
680 allow the provision of public, educational, and governmental
681 access channels for noncommercial programming as set forth in
682 this section.
683 (2) A certificateholder shall designate a sufficient
684 amount of capacity on its network to allow the provision of the
685 same number of public, educational, and governmental access
686 channels or their functional equivalent that a municipality or
687 county has activated under the incumbent cable or video service
688 provider's franchise agreement as of July 1, 2007. For the
689 purposes of this section, a public, educational, or governmental
690 .channel is deemed activated if, the channel is being used for
691 ublic, educational, or overnmental ro rammin within the
692 municipality or county. The municipality or county may request
693 additional channels or their functional equivalent permitted.
694 under the incumbent cable or video service provider's franchise
695 agreement as of July 1, 2007. Upon the expiration of the
696 incumbent cable or video service provider's franchise agreement
697 or within 6 months after a request of a municipality or county
698 for an additional channel or its functional equivalent, a public
699 access channel or capacity equivalent may be furnished after a
700 polling of all subscribers of the cable or video service in
Page 25 of 45
2007 Legislature
(1) A certificateholder, not
and governmental
access
later than 180 days following''
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FLORIDA HOUSE O' F REPRESENTATIVES
701
702
703
704
705
706
707
708
709
710
711
712
713
714
715
716
717
718
719
720
721
722
723
724
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728
ENROLLED
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their service area. The usage of one public access channel or
ca acit e uivalent shall be determined b a ma'orit of all the
provider's subscribers in the jurisdiction. The video or cable
service subscribers must be provided with clear, plain language
informing them that public access is unfiltered programming and
may contain adult content.
(3) If a municipality or county did not have public,
educational, or governmental access channels activated under the
incumbent cable or video serv-ce provider's franchise agreement
as of July 1, 2007, after theljexpiration date of the incumbent
cable or video service provider's franchise agreement and within
6 months after a request by the municipality or county within
whose jurisdiction a certificteholder is providing cable or
video service, the certificateholder shall furnish up to two
public, educational, or governmental channels or their
functional equivalent. The usage of the channels or their
functional equivalent shall be determined by a majority of all
the video service provider's subscribers in the jurisdiction in
order of preference of all video service subscribers. Cable or
video service subscribers must be provided with clear, plain
language informing them that public access is unfiltered
programming and contains adult content.
(4) If a municipality or county has not used the number of
access channels or their functional equivalent permitted by
subsection (3), access to the additional channels or their
functional equivalent allowed in subsection (3) shall be
provided upon 6 months' written notice.
(5) A public, educational, or governmental access channel
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ENROLLED 2007 Legislature
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729 authorized by this section is deemed activated and substantially
730 used if the channel is being used for public, educational, or
731 governmental access programming within the municipality or
732 county for at least 10 hours per day on average, of which at
733 least 5 hours must be nonrepeat programming and as measured on a
734 quarterly basis. Static information screens or bulletin -board
735 programming shall not count toward this 10-hour requirement. If
736 the applicable access channel does not meet this utilization
737 criterion, the video service provider shall notify the.
738 applicable access provider in writing of this failure. If the
739 access provider fails to meet this utilization criterion in the
740 subsequent quarter, the cable or video service provider may
741 reprogram the channel at its discretion. The cable or video
742 service provider shall work in good faith with the access
743 provider to attempt to provide future carriage of the applicable
744 access channel within the limits of this section if the access
745 provider can make reasonable assurances that its future
746 )programming will meet the utilization criteria set out in this
747 subsection.
748 (6) A cable or video service provider may locate any
749 public, educational, or governmental access channel on its
750 lowest digital tier of service offered to the provider's
751 subscribers. A cable or video service provider must notify its
752 customers and the applicable municipality or county at least 120
753 days prior to relocating the applicable educational or
754 governmental access channel.
755 (7) The operation of any public, educational, or
756 governmental access channel or its functional equivalent
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758,
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764
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ENROLLED
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2007 Legislature
provided under this section shall be the responsibility of the
municipality or county receiving the benefit of such channel or
its functional equivalent, and a certificateholder bears only
the responsibility for the transmission 'of such channel content.'
A certificateholder shall be responsible for the cost of
providing the connectivity to one origination point for each
public,4 educational, or governmental access channel up to 200
feet from the certificateholder's activated video service
distribution plant.
(8) The municipality ortcounty shall ensure that all
transmissions, content, or programming to be transmitted over a
channel or facility by a certificateholder are provided or
submitted to the cable or video service provider in a manner or
form that is capable of being accepted and.transmitted by a
provider without any requirement for additional alteration or.
change in the content by the provider, over the particular
network of the cable or video service provider, which is
compatible with the technolo2 or protocol used by the cable or
video service provider to deliver services. To the extent that a
public, educational, or governmental channel content provider
has authority, the delivery of public, educational, or
governmental content to a certificateholder constitutes
authorization for the certificateholder to carry such content,
including, at the provider's option, authorization to carry the
content beyond the jurisdictional boundaries of the municipality
or county.
(9) Where technically feasible, a certificateholder and an
incumbent cable service provider shall use reasonable efforts to
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ENROLLED
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interconnect their networks for the purpose of providing public,
educational, and governmental programming. Interconnection may
be accomplished by direct cable, microwave link, satellite, or
other reasonable method of connection. Certificateholders and
incumbent cable service providers shall negotiate in good faith
and incumbent cable service providers may not withhold
interconnection of public, educational, and governmental
channels. The requesting party shall bear.the cost of such
interconnection.
(10) A certificateholder is not required to interconnect
for, or otherwise to transmit, public, educational, and
governmental content that is branded with the logo, name, or
other identifying marks of another cable or video service
provider, and a municipality or county may require a cable or
video service provider to remove its logo, name, or other
identifying marks from public, educational, and governmental
content that is to be made available to another provider. This
subsection does not apply to the logo, name, or other
identifying marks of the public, educational, or governmental.
programmer or producer.
(11) A municipality or county that has activated at least
one public, educational, or governmentalaccess channel pursuant
to this section may require cable or video service providers to
remit public, educational, and governmental support
contributions in an amount equal to a lump -sum or recurring per -
subscriber funding obligation to support public, educational,
and governmental access channels, or other related costs as
provided for in the incumbent's franchise that exists prior to
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ENROLLED 2007 Legislature
CS/CS/HE 529, Engrossed t
813 July 1, 2007, until the expiration date of the incumbent cable
814 or video service provider's franchise agreement. Any prospective
815 lump -sum payment shall be made on an equivalent per -subscriber
816 basis calculated as follows: the amount of prospective funding '
817 obligations divided by the number of subscribers being served by
818 the incumbent cable or video service provider at the time of
819 payment, divided by the number of months remaining in the
820 incumbent cable or video service provider's franchise equals the
821 monthly per -subscriber amount to be paid by the
822 certificateholder. The obligations set forth in this subsection
823 apply until the earlier of'the expiration date of the incumbent
824 cable or video service provider's franchise agreement or July 1,
825 2012. For purposes of this subsection, an incumbent cable or
826 video service provider is the service provider serving the
827 largest number of subscribers as of July 1, 2007.
828 (12) A court of competent jurisdiction shall have
829 exclusive jurisdiction to enforce any requirement under this
830. ,section.
831 610.112 Cable or video services for public facilities.--
832 Upon a request by a municipality or county, a certificateholder
833 shall provide, within 90 days after receipt of the request, one
834 active basic cable or video service outlet to K-12 public
835 schools, public libraries, or local government administrative
836 buildings, to the extent such buildings are located within 200
837 feet of the certificateholder's activated video distribution
838 plant. At the request of the municipality or county, the
839 certificateholder shall extend its distribution plant to serve
840 such buildings located more than 200 feet from the
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841 certificateholder's activated video distribution_plant. In such
842 circumstances, the governmental entity owning or occupying the
843- building is responsible for the time and material costs incurred
844 in extending the certificateholder's activated video
845 distribution plant to within 200 feet adjacent to the building.
846 The cable or video services provided under this section shall
847 not be available in an area viewed by the general public and may
848 not be used for any commercial purpose. '
B49 610.113 Nondiscriminatipn by municipality or county.--
850 (1) A municipality or county shall allow a
851 certificateholder to install, construct, and maintain a network '
852 within a public right-of-way and shall provide a
853 certificateholder with comparable, nondiscriminatory, and
$54 competitively neutral access to the_public right-of-way in
855 accordance with the provisions of s. 337.401. All use of a
856 public right-of-way by a certificateholder is nonexclusive.
857 (2) A municipality or county may not discriminate against
858 'a certificateholder regarding:
859 (a) The authorization or placement of a network in a
860 public right-of-way;
861 (b) Access to a building or other property; or
862 (c) Utility pole attachment terms and conditions.
863 610.114 Limitation on local authority.--
864 (1) A municipality or county may not impose additional,
865 requirements on a certificateholder, including, but not limited
866 to, financial, operational, and administrative requirements,
867 except as expressly permitted by this chapter. A municipality or
868 county may not impose on activities of a certificateholder a
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869 requirement:
B70 (a) That particular business offices be located in the
8711 municipality or county;
8721 (b) Regarding the filing of reports and documents with the'
873 municipality or county that are not required by state or federal
874 law and that are not related to the use of the public right-of-
875 way. Reports and documents otter than schematics indicating the
876 location of facilities for a specific site that are provided in
877 the normal course of the municipality's or county's permitting
878 process, that are authorized by s. 337.401 for communications
879 services providers, or that are otherwise required in the normal
880 course of such permitting process shall not be considered
881 related to the use of the public right-of-way for communications
882 service providers. A municipality or county may not request
883 information concerning the capacity or technical configuration
884 of a certificateholder's facilities;
885 (c) For the inspection of a certificateholder's business
886 ,records; or
887 (d) For the approval of transfers of ownership or control
888 of a certificateholder's business, except that a municipality or
889 county may require a certificateholder to provide notice of a
890 transfer within a reasonable time.
$91 (2) Notwithstanding any other provision of law, a
892 municipality or county may require the issuance of a permit in
893 accordance with and subject to s. 337.401 to a certificateholder
894 that is placing and maintaining facilities in or on a public
895 right-of-way in the municipality or county. In accordance with
896 s. 337.402, the permit may require the permitholder to be
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EF OLLED
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897 responsible, .at the permitholder's expense, for any damage
898 resulting from the issuance of such permit and for restoring the
899 public right-of-way to its original condition before
900 installation of such facilities'. The terms of the permit shall
991 be consistent with construction permits issued to other
902 providers of communications services placing or maintaining
903 communications facilities in a public right-of-way.
904 610.115 Discrimination prohibited.--
905 (1) The purpose of this section is to prevent
906 discrimination among potentia4 residential subscribers.
907 (2) A cable or video service provider may not deny access
908 to service to any individual or group of potential residential
909 subscribers because of the race or income of the residents in
910 the local area in which the individual or group resides.
911 Enforcement of this section shall'be in accordance with s.
912 501.2079.
913 610.116 Compliance. --If a certificateholder is found by a
914 court of competent jurisdiction not to be in compliance with the
915 requirements of this chapter, the certificateholder shall have a
916 reasonableperiod of time, as specified by the court, to cure
917 such noncompliance.
918 610.117 Limitation. --Nothing in this chapter shall be.
919 construed to give any local government or the department any
920 authority over any communications service other than cable or
921 video services whether offered on a common carrier or private
922 contract basis.
923 610.118 Impairment; court -ordered operations.--
924 (1) If an incumbent cable or video service provider is
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93].
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938
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ENROLLED
CSICSIHB 529, Engrossed 1 2007 Legislature
required to operate under its existing franchise and is legally
prevented by a lawfully issued order of a court of competent
jurisdiction from exercising its right to terminate its existing
franchise pursuant to the terms.of s. 610.105, any
certificateholder providing cable service or video service in
whole or in .part within the service area that is the subject of
the incumbent cable or video service provider's franchise shall,
for as long as the court order remains in effect, comply with
the following franchise terms,' and conditions as applicable to
the incumbent cable or video service provider in the service
area:
(a) The certificateholder shall pay to the municipality or
county:
1. Any prospective lump -sum or recurring per -subscriber
funding obligations to support public, educational, and
governmental access channels or other prospective franchise -
required monetary grants related to public, educational, or
governmental access facilities equipment and capital costs.
Prospective lump -sum payments shall be made on an equivalent
per -subscriber basis calculated as follows: the amount of the
prospective funding obligations divided by the number of
subscribers being served by the incumbent cable service provider
at the time of payment, divided by the number of months.
remaining in the incumbent cable or video service provider's
franchise equals the monthly per subscriber amount to be paid by,
the certificateholder until the expiration or termination of the
incumbent cable or video service provider's franchise; and
2. If the incumbent cable or video service provider is
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953 required to make payments for the funding of an institutional
954 network, the certificateholder shall pay an amount equal to the
955' incumbent's funding obligations but not to exceed 1 percent of
956 the sales price, as defined in s. 202.11(13), for the taxable.
957 monthly retail sales of cable or video programming services the
958 certificateholder received from subscribers in the affected
959 municipality or county. All definitions and exemptions under
960 chapter 202 apply in the determination of,taxable monthly retail
961 sales of cable or video programming services.
962 (b) Payments are not due under this subsection until 45
963 days after the municipality or county notifies the respective
964 providers.
955 (c) Any certificateholder may designate that portion of
966 that subscriber's bill attributable to any fee imposed pursuant
967 to this section as a separate iteh on the bill and recover such
968 amount from the subscriber.
969 (2) The provisions of subsection (1) do not alter the
970 ,rights of a cable service or video service provider with respect
971 to service areas designated pursuant to s. 610.104(2)(e)5. Any
972 certificateholder.providing cable service or video service in a
973 service area covered by the terms of an existing cable or video
974 service provider's franchise that is subject to a court or other
975 proceeding challenging the ability of an incumbent cable or
976 video service provider to exercise its legal right to terminate
977 its existing cable franchise pursuant to s. 610.105 has the
978 right to intervene in such proceeding.
979 610.119 Reports to the Legislature.---
980 (1) The Office of Program Policy Analysis and Government
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Accountability shall submit to the President of the Senate, the
Speaker of the House of Representatives, and the majority and
minority leaders of the Senate and House of Representatives, by
December 1, 2009, and December, 1, 2014, a report on the status
of competition in the cable and video service industry,
including, by each municipality and county, the, number of cable
and video service providers, the number of cable and video.
subscribers served, the number of areas served by fewer tlian two
cable or video service providers, the trend in cable and video
service prices, and the identfication of any patterns of
service as they impact demographic and income groups.
(2) By January 15, 2008, the Department of Agriculture and
Consumer Services shall make recommendations to the President of
the Senate, the Speaker of the House of Representatives, and the
majority and minority leaders of the Senate and House of
Representatives regarding the workload and staffing requirements
associated with consumer complaints related to video and cable
certificateholders. The Department of State shall provide to the
Department of Agriculture and Consumer Services, for inclusion
in the report, the workload requirements for processing the
certificates of franchise authority. In addition, the Department
of State shall provide the number of applications filed for
cable and video certificates of franchise authority and the
number of amendments received to original applications for
franchise certificate authority.
610.120 Severability.--If any provision of ss. 610.102-
610.119 or the application thereof to any person or circumstance
is held invalid, such invalidity shall not affect other
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1009 provisions or application of ss. 610.102-610.119 which can be
1010 given effect without the invalid provision or application, and
1011 to this end the provisions of ss. 610.102-610.119 are severable.
1012 Section 8. Paragraph (a) of subsection (3) of section
1013 350.81, Florida Statutes, is amended to read:
1014 350.81 Communications services offered by governmental
1015 entities.--
1016 (3) (a) A governmental entity that provides a cable or
1017 video service shall comply with the Cable Communications Policy
101E Act of 1984, 47 U.S.C. ss. 521 et seq., the regulations issued
1019 by the Federal Communications Commission under the Cable
1020 Communications Policy Act of 1984, 47 U.S.C. ss. 521 et seq.,
1021 and all applicable state and federal rules and regulations,
1022 including, but not limited to, e-4GG.046 and those provisions
1023 of chapters 202, 212, ane 337, and 610 that which apply to a
1024 provider of the services.
1025 Section 9. Section 364.0361, Florida Statutes, is amended
1026 ,to read:
1027 364.0361 Local government authority; nondiscriminatory
1028 exercise. --A local government shall treat each
1029 telecommunications company in a nondiscriminatory manner when
1030 exercising its authority to grant franchises to a
1031 telecommunications company or to otherwise establish conditions
1032 or compensation for the use of rights -of -way or other public
1033 property by a telecommunications company. A local government may
1034 not directly or indirectly regulate the terms and conditions,
1035 including, but not limited to, the operating systems,
1036 qualifications,services, service quality, service territory,
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and prices, applicable to or in connection with the provision of
any voice -over -Internet protocol, regardless of the platform,
provider, or protocol, broadband or information service. This
section does not relieve a provider from any obligations under
o-. 166-.04C or s. 337.401.
Section 10. Subsections'(6), (7), and (8). of section
364.051, Florida Statutes, area amended to read:
364.051 Price regulation.--
ors company that
hac more tha
nt'aE�tate�3�c ratco to parity, ao defined
in ❑ . 364 . 164 (5) , thc local exchange teaccommunicationo
ocrvicc quality rcquiremcnt❑ that arc not
clrcady cq
event, thc commicoion may grant come reduction° in ocrvicc
quality requirement° in some or all of thc company's local
calling arcac . The cemmiooion may not lmpooc rctail ocrvicc
quality rcquircmenta on competitive local e3cchangc
r than thoac cxioting on
January 1, 2003.
(7) After a local cxchangc tciccommtmatieei company that
hao more than 1 million acccac lines-= r ree gas reeltteed s
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-11 o . 364.1-6-4 (5) , the local exchange tc3 ocommuni-eatiena - ompany
may petition the commies -ion fer regulatory treatment of ito
competitive loeal exehonge teleoommeniea•Ci-ofno
companico. The aeeal exchange tel ommtai-eatiene company ohall:
-(a) Chow that g-rating the petition io in the public
intcrcot;
Io—oiA-f4-cien-t—and—euotainable to allow ouch competition to
oupplant r
petition.
filco ito petition.
'n oubacctiona (C) and (7)
ohall apply to any local exchange tciccommuai ationa company
ratco to a level cquaa CO the
January 1, 2003.
Section 11. Paragraph (h) of subsection (3) of section
364.10, Florida Statutes, is amended to read:
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1093 364.10 Undue advantage to person or locality prohibited;
1094 Lifeline service.--
1095 (3)
1096 (h) 1. By
December 31; 2007 2003, each state agency that
1097 provides benefits to persons eligible for Lifeline service shall
1098 undertake, in cooperation with the Department of Children and
.1099 Family Services, the Department of Education, the commission,
1100 the Office of Public Counsel, and telecommunications companies.
1101 providing Lifeline services, the development of procedures to
1102 promote Lifeline participation.
1103
2. If any state agency determines that a person is
1104 eligible for Lifeline services, the agency shall immediately
1105 forward the information to the commission.to ensure that the
1106 person is automatically enrolled in the program with the
1107 appropriate eligible telecommunications carrier. The state
1108 agency shall include an option for an eligible customer to
1109 choose not to subscribe to the Lifeline service. The Public
1110 Servi.c:e._Commissi.on.and the Department of Children .and .Family
1111 Services shall, no later than December 31, 2007, adopt rules
1112 creating procedures to automatically enroll eligible customers
1113 in Lifeline service.
1114 3. The commission, the Department of Children and Family
1115 Services, and the Office of Public Counsel shall enter into a
1116 memorandum of understanding establishing the respective duties
1117 of the commission, the department, and the public counsel with
1118 respect to the automatic enrollment procedures no' later than
1119 December 31, 2007.
1120 Section 12. Section 364.163, Florida Statutes, is amended
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1121 to read:
1122. 364.163 Network access services. --For purposes of this
1123 section, the term "network access service" is defined as any
1124 service provided by a local exchange telecommunications company
1125 to a telecommunications company certificated under this chapter
1126 or licensed by the Federal Communications Commission to access
1127 the local exchange telecommunications network, excluding the
1128 local interconnection arrangements in s. 364.16 and the resale
1129 arrangements in s. 364.161. Each local exchange
1130 telecommunications company subject to s..364.051 shall maintain
1131 tariffs with the commission containing the terms, conditions,
1132 and rates for each of its network access services. The switched
1133 network access service rates in effect immediately prior to July
1134 1, 2007, shall be, and shall remain, capped at that level until
1135 July 1, 2010. An interexchange telecommunications company may
1136 not institute any intrastate connection fee or any similarly
1137 named fee.
1138
1139
1140 pa ty, afldcfinod in o. 361 .1C1 (5) , the company's intrastate
1141
1142 for 'y-
1143 (2) Any ietrae-tate interoaichange tcleeemmunicationo
1144 eel
1145 �e
1146 t cGO1,m
1147
1148
intrastate owitened network aeeeee rates are reed ke or bclew
y the amount
ch reduction to both its
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11149 residential and bueinee euretemers
1150
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1154
1155 cducco intrastttc owitel'ed netwerk ass rates
i1156
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11158
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1163 long dietanee ratee for purpesee ef dete .nin the eerrcctncos
1164 of any rate deeeaee by a teleeemmenieatiene eempa + reou1ting
1165
1166 ,adjuotmcnts *e_thoae rates.- ;
1167 Section 13. Subsection (4) is added to section 364.385,
1168 Florida Statutes, to read:
1169 364.385 Saving clauses.7-
1170 (4) The rates and charges for basic local
1171 telecommunications service and network access service approved.
. 1172 by the commission in accordance with the decisions set forth in
1173 Orders Nos. PSC 03-1469-FOF-TL and PSC 04-0456-FOF-TL, and which
1174 are in effect immediately prior to July 1, 2007, shall remain in
1175 effect and such rates and charges may not be changed after the
1176 effective date of this act, except in accordance with the
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tommun
2007 Legislature
The intrastate ietcrcxchangc
ntial and buoincoC
cuotomc 's befit fiery the rate 'dcer'eases . Any in etatc
premed that the timetable determined pursuant to
made by the
the revvirements e-f this abibeeetien Mall be wed valid and
shall bceeme effee-tivc on 1 day'o notice.
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1177 provisions of ss.364.051 and 364.163.
-1178 Section 14. Sections 166.046 and 364.164, Florida
1179 Statutes, are repealed.
1180 Section 15. Section 501.2079, Florida Statutes, is created'
1181 to read:
1182 501.2079 Violations involving discrimination in the
1183 provision of video services.--,
1184 (1) As used in this section, the term:
1185 (a) "Cable service" has the same meaning as in s.
1186 610.103(1).
1187 (b) "Video service" has the same meaning as in s.
1188 610.103(11).
1189 (c) "Resident" means a resident residing within a service
1190 area as set out in ss. 610.104(2)(e)5. and 610.104(6).
1191 (d) "Provider" means a cable or video service provider
1192 that has been issued and holds a statutory certificate of
1193 franchise authority from. the Department of State.
1194 (e) -"Discrimination" means the denial of access to cable
1195 or video service to any individual or group of residents because
1196 of the race or income of the residents in the local area in
1197 which such individual or group resides. Such discrimination
1198 shall be prohibited as to residents throughout the service area
1199 of the municipality or county within which service is provided.
1200 (2) Discrimination among residents by a provider of cable
1201 or video services is declared unlawful and constitutes a
1202 violation of this section.
1203 (3) For purposes of determining whether a provider has
1204 violated subsection (2), a cable or video service provider may
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1205 satisfy the nondiscrimination requirements of this section
1206 through the use of alternative technology that offers service,
1207 functionality, and content:that is demonstrably similar to that
1208 rovided throu h the rovider's's stem and ma include a
1209 technology
that does not require the use of any public right-of-
1210 way. The technology used to comply with the requirements of this
1211 section is subject to all the requirements of chapter 610. If a
1212 provider makes cable or video service available within a
1213 reasonable period of time trrojn the initiation of service. to
1214 residents in its service area;, the provider shall be presumed to
1215 be in compliance with subsection (2). A provider is not required
1216 to offer or provide service t{o end users residing in an area
1217 having a density of fewer than 30 homes per linear cable mile
1218 from the provider's nearest activated video distribution plant.
1219 This section does not impose a buildout requirement.
1220 (4) For purposes of determining whether a provider has
1221 violated subsection (2), cost, density, distance, and
1222 technological or commercial limitations shall be taken into
1223 account. The inability to Provide access to cable or video
1224 service because a provider is prohibited from placing its own
1225 facilities in a building or property or due to natural disasters
1226 is not a violation of subsection (2).
1227 (5) Enforcement of this section shall be as provided in
1228 ss. 501.206, 501.207 and 501.211.
1229 (6) Upon a finding by a court of competent jurisdiction
1230 that a provider has engaged in unlawful discrimination, the
1231 provider shall have a reasonable period of time as'specified by
1232 the court to cure such noncompliance. If the provider fails to
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cure within a specified time, any provider who is found to have
violated subsection (2) is liable for a civil penalty of not
more than $15,000 for each such violation. For purposes of this
section, discrimination against each individual member of a
group constitutes a separate violation and is subject to a
separate penalty as set forth in this section.
Section.16. This act shall take effect upon becoming a
law.
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