Senate Bill sb2072

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    Florida Senate - 2005                                  SB 2072

    By Senator Constantine





    22-1206A-05

  1                      A bill to be entitled

  2         An act relating to local governments; providing

  3         a legislative finding that the policy of the

  4         state is to prohibit local governments from

  5         offering communications services in competition

  6         with private providers; providing definitions;

  7         authorizing a local government providing

  8         communications services on the effective date

  9         of the act to continue offering service to

10         existing subscribers; requiring that, upon

11         finding that it cannot obtain a service, a

12         local government notify dealers of

13         communications services and allow such dealers

14         a specified period in which to provide the

15         service; providing requirements for a local

16         government with respect to its provision of

17         communications services and the exercise of its

18         authority; providing that the local government

19         is subject to the ordinances, rules, and

20         policies that apply to private providers;

21         prohibiting a local government from pledging

22         revenues in support of bonds used to finance a

23         venture outside its boundaries in competition

24         with private providers; providing that a local

25         government is subject to certain prohibitions

26         concerning restraint of trade and

27         monopolization; providing for severability;

28         providing an effective date.

29  

30  Be It Enacted by the Legislature of the State of Florida:

31  

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    Florida Senate - 2005                                  SB 2072
    22-1206A-05




 1         Section 1.  Communications services offered by local

 2  governments.--

 3         (1)  The Legislature finds that it is the policy of

 4  this state to prohibit local governments from offering

 5  communications services in competition with private providers

 6  of communications services.

 7         (2)  As used in this section, the term:

 8         (a)  "Local government" means any political subdivision

 9  as defined in section 101.01, Florida Statutes, and any

10  utility authority or other authority, board, branch,

11  department, or unit thereof.

12         (b)  "Advanced service" means high-speed Internet

13  access service capability in excess of 144 kilobits per second

14  in the upstream or the downstream direction, including any

15  service application provided over the high-speed-access

16  service or any information service as defined in 47 U.S.C. s.

17  153(20).

18         (c)  "Communications services" includes the offering of

19  any "advanced service," "cable service," or

20  "telecommunications service" and shall be construed in the

21  broadest sense.

22         (d)  "Cable service" has the same meaning as in 47

23  U.S.C. s. 522(6).

24         (e)  "Providing," with respect to a named service,

25  means offering or supplying a service for a fee or other

26  consideration to a person, including any portion of the public

27  or a local government or private provider.

28         (f)  "Subscriber" means a person who receives a

29  communications service.

30         (g)  "Telecommunications services" means the

31  transmission of signs, signals, writing, images, sounds,

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    Florida Senate - 2005                                  SB 2072
    22-1206A-05




 1  messages, data, or other information of the user's choosing,

 2  by wire, radio, light waves, or other electromagnetic means,

 3  without change in the form or content of the information as

 4  sent and received by the user and regardless of the facilities

 5  used.

 6         (3)  Any local government that is providing a

 7  communications service on the effective date of this act may

 8  continue offering service to those existing subscribers on

 9  that date. However, such local government may not extend its

10  service offerings or service areas.

11         (4)  If a local government determines that it cannot

12  obtain a communications service, the local government shall

13  provide notice to all dealers of communications services

14  registered with the Department of Revenue under chapter 202,

15  Florida Statutes, and allow such dealers 180 days during which

16  to provide the requested service before providing a

17  competitive communications service. If such a circumstance

18  occurs:

19         (a)  Any local government that provides a cable service

20  shall comply with the Cable Communications Policy Act of 1984,

21  47 U.S.C. 521, et seq.; the regulations issued by the Federal

22  Communications Commission under the Cable Communications

23  Policy Act of 1984, 47 U.S.C. 521, et seq.; and all applicable

24  state and federal rules and regulations, including, but not

25  limited to, section 166.046, Florida Statutes, and those

26  provisions of chapter 202, 212, and 337, Florida Statutes,

27  which apply to a provider of such services.

28         (b)  A local government that provides a

29  telecommunications service or advanced service shall comply,

30  if applicable, with chapter 364, Florida Statutes, and rules

31  adopted by the Florida Public Service Commission; chapter 166,

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    Florida Senate - 2005                                  SB 2072
    22-1206A-05




 1  Florida Statutes; and all applicable state and federal rules

 2  and regulations, including, but not limited to, those

 3  provisions of chapters 202, 212, and 337, Florida Statutes,

 4  which apply to a provider of such services.

 5         (c)  A local government may not exercise its power or

 6  authority in any area, including zoning or land use, to

 7  require any person, including residents of a particular

 8  development, to use the local government's communications

 9  services.

10         (d)  A local government shall apply its ordinances,

11  rules, and policies and exercise any authority under state or

12  federal laws, including those relating to the following

13  subjects, without discrimination as to itself and any private

14  provider of communications services:

15         1.  Access to public rights-of-way; and

16         2.  Permitting, access to, use of, and payment for use

17  of local government-owned poles. The local government is

18  subject to the same terms, conditions, and fees, if any, for

19  access to government-owned poles which the local government

20  applies to a private provider for such access.

21         (e)  A local government may not pledge any revenues in

22  support of the issuance of any bonds to be used to finance a

23  business venture outside the local government's geographical

24  boundaries in competition with providers for the provision of

25  communications services.

26         (5)  Notwithstanding section 542.235, Florida Statutes,

27  or any other provision of law, a local government that

28  provides communications services is subject to the same

29  prohibitions applicable to private providers under sections

30  542.18 and 542.19, Florida Statutes.

31  

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    Florida Senate - 2005                                  SB 2072
    22-1206A-05




 1         Section 2.  If any provision of this act or its

 2  application to any person or circumstance is held invalid, the

 3  invalidity does not affect other provisions or applications of

 4  the act which can be given effect without the invalid

 5  provision or application, and to this end the provisions of

 6  this act are severable.

 7         Section 3.  This act shall take effect upon becoming a

 8  law.

 9  

10            *****************************************

11                          SENATE SUMMARY

12    Restricts local governments from offering communications
      services in competition with private providers. Requires
13    that private providers be given 180 days in which to
      provide a requested service before the local government
14    may begin offering the service. Provides that the local
      government is subject to the ordinances, rules, and
15    policies that apply to private providers. Prohibits a
      local government from pledging revenues in support of
16    bonds used to finance a venture outside its boundaries in
      competition with private providers. Provides that a local
17    government is subject to certain prohibitions concerning
      restraint of trade and monopolization which apply to
18    private providers of communications services.

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