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The Florida Senate

2018 Florida Statutes

Title XXVI PUBLIC TRANSPORTATION
Chapter 337 CONTRACTING; ACQUISITION, DISPOSAL, AND USE OF PROPERTY Entire Chapter
SECTION 4061
Definitions; unlawful use of state-maintained road right-of-way by nonfranchised cable and video services.
F.S. 337.4061
337.4061 Definitions; unlawful use of state-maintained road right-of-way by nonfranchised cable and video 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 or use 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 that serves subscribers without using any public right-of-way.
4. 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 such facility shall be considered a cable system other than for purposes of 47 U.S.C. s. 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;
5. Any facilities of any electric utility used solely for operating its electric utility systems; or
6. An open video system that complies with 47 U.S.C. s. 573.
(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 or video service provider network facilities.
(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.
(g) “Video service” has the same meaning as that provided in s. 610.103.
(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, to provide for cable or video service over facilities within a geographic area subject to a valid existing franchise for cable or video service, unless the cable or video service provider using such right-of-way holds a franchise from a franchise authority 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; s. 6, ch. 2007-29.