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2005 Florida Statutes

Definitions; unlawful use of state-maintained road right-of-way by nonfranchised cable television services.
Section 337.4061, Florida Statutes 2005

337.4061  Definitions; unlawful use of state-maintained road right-of-way by nonfranchised cable television services.--

(1)  As used in this section, the term:

(a)  "Cable service" means:

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 of such video programming or other programming service.

(b)  "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 which includes video programming and which is provided to multiple subscribers within a community, but such term does not include:

1.  A facility that serves only to retransmit the television signals of one or more television broadcast stations;

2.  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;

3.  A facility of a common carrier, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers; or

4.  Any facilities of any electric utility used solely for operating its electric utility systems.

(c)  "Franchise" means an initial authorization or renewal thereof issued by a franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a cable system.

(d)  "Franchising authority" means any governmental entity empowered by federal, state, or local law to grant a franchise.

(e)  "Person" means an individual, partnership, association, joint stock company, trust, corporation, or governmental entity.

(f)  "Video programming" means programming provided by or generally considered comparable to programming provided by a television broadcast station or cable system.

(2)  It is unlawful to use the right-of-way of any state-maintained road, including appendages thereto, and also including, but not limited to, rest areas, wayside parks, boat-launching ramps, weigh stations, and scenic easements, for cable service purposes within a geographic area subject to a valid existing franchise for cable service, unless the cable system using such right-of-way holds a franchise from the municipality or county for the area in which the right-of-way is located.

(3)  A violation of this section shall be deemed a violation of s. 337.406

History.--s. 2, ch. 87-266.