Amendment
Bill No. 1199

Amendment No. 833859

CHAMBER ACTION
Senate		House
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1	Representative Traviesa offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  This act may be cited as the "Consumer Choice
6	Act of 2006."
7	Section 2.  Paragraphs (a) and (c) of subsection (2) of
8	section 202.24, Florida Statutes, are amended to read:
9	202.24  Limitations on local taxes and fees imposed on
10	dealers of communications services.--
11	(2)(a)  Except as provided in paragraph (c), each public
12	body is prohibited from:
13	1.  Levying on or collecting from dealers or purchasers of
14	communications services any tax, charge, fee, or other
15	imposition on or with respect to the provision or purchase of
16	communications services.
17	2.  Requiring any dealer of communications services to
18	enter into or extend the term of a franchise or other agreement
19	that requires the payment of a tax, charge, fee, or other
20	imposition.
21	3.  Adopting or enforcing any provision of any ordinance or
22	agreement to the extent that such provision obligates a dealer
23	of communications services to charge, collect, or pay to the
24	public body a tax, charge, fee, or other imposition.
25
26	Municipalities and counties may not negotiate Each municipality
27	and county retains authority to negotiate all terms and
28	conditions of a cable service franchise allowed by federal and
29	state law except those terms and conditions related to franchise
30	fees or and the definition of gross revenues or other
31	definitions or methodologies related to the payment or
32	assessment of franchise fees on providers of cable services.
33	(c)  This subsection does not apply to:
34	1.  Local communications services taxes levied under this
35	chapter.
36	2.  Ad valorem taxes levied pursuant to chapter 200.
37	3.  Occupational license taxes levied under chapter 205.
38	4.  "911" service charges levied under chapter 365.
39	5.  Amounts charged for the rental or other use of property
40	owned by a public body which is not in the public rights-of-way
41	to a dealer of communications services for any purpose,
42	including, but not limited to, the placement or attachment of
43	equipment used in the provision of communications services.
44	6.  Permit fees of general applicability which are not
45	related to placing or maintaining facilities in or on public
46	roads or rights-of-way.
47	7.  Permit fees related to placing or maintaining
48	facilities in or on public roads or rights-of-way pursuant to s.
49	337.401.
50	8.  Any in-kind requirements, institutional networks, or
51	contributions for, or in support of, the use or construction of
52	public, educational, or governmental access facilities allowed
53	under federal law and imposed on providers of cable service
54	pursuant to any existing ordinance or an existing franchise
55	agreement granted by each municipality or county, under which
56	ordinance or franchise agreement service is provided prior to
57	July 1, 2006, or as permitted under chapter 610. Nothing in this
58	subparagraph shall prohibit the ability of providers of cable
59	service to recover such expenses as allowed under federal law.
60	9.  Special assessments and impact fees.
61	10.  Pole attachment fees that are charged by a local
62	government for attachments to utility poles owned by the local
63	government.
64	11.  Utility service fees or other similar user fees for
65	utility services.
66	12.  Any other generally applicable tax, fee, charge, or
67	imposition authorized by general law on July 1, 2000, which is
68	not specifically prohibited by this subsection or included as a
69	replaced revenue source in s. 202.20.
70	Section 3.  Paragraphs (a), (e), and (f) of subsection (3)
71	of section 337.401, Florida Statutes, are amended to read:
72	337.401  Use of right-of-way for utilities subject to
73	regulation; permit; fees.--
74	(3)(a)1.  Because of the unique circumstances applicable to
75	providers of communications services, including, but not limited
76	to, the circumstances described in paragraph (e) and the fact
77	that federal and state law require the nondiscriminatory
78	treatment of providers of telecommunications services, and
79	because of the desire to promote competition among providers of
80	communications services, it is the intent of the Legislature
81	that municipalities and counties treat providers of
82	communications services in a nondiscriminatory and competitively
83	neutral manner when imposing rules or regulations governing the
84	placement or maintenance of communications facilities in the
85	public roads or rights-of-way. Rules or regulations imposed by a
86	municipality or county relating to providers of communications
87	services placing or maintaining communications facilities in its
88	roads or rights-of-way must be generally applicable to all
89	providers of communications services and, notwithstanding any
90	other law, may not require a provider of communications
91	services, except as otherwise provided in subparagraph 2., to
92	apply for or enter into an individual license, franchise, or
93	other agreement with the municipality or county as a condition
94	of placing or maintaining communications facilities in its roads
95	or rights-of-way. In addition to other reasonable rules or
96	regulations that a municipality or county may adopt relating to
97	the placement or maintenance of communications facilities in its
98	roads or rights-of-way under this subsection, a municipality or
99	county may require a provider of communications services that
100	places or seeks to place facilities in its roads or rights-of-
101	way to register with the municipality or county and to provide
102	the name of the registrant; the name, address, and telephone
103	number of a contact person for the registrant; the number of the
104	registrant's current certificate of authorization issued by the
105	Florida Public Service Commission, or the Federal Communications
106	Commission, or the Department of State; and proof of insurance
107	or self-insuring status adequate to defend and cover claims. For
108	the purposes of this section, the term "communications service"
109	includes the term "cable service" as defined in s. 610.103(1)
110	and the term "competitive video programming services" as defined
111	in s. 610.118.
112	2.  Notwithstanding the provisions of subparagraph 1., a
113	municipality or county may, as provided by 47 U.S.C. s. 541,
114	award one or more franchises within its jurisdiction for the
115	provision of cable service, and a provider of cable service
116	shall not provide cable service without such franchise. Each
117	municipality and county retains authority to negotiate all terms
118	and conditions of a cable service franchise allowed by federal
119	law and s. 166.046, except those terms and conditions related to
120	franchise fees and the definition of gross revenues or other
121	definitions or methodologies related to the payment or
122	assessment of franchise fees and permit fees as provided in
123	paragraph (c) on providers of cable services. A municipality or
124	county may exercise its right to require from providers of cable
125	service in-kind requirements, including, but not limited to,
126	institutional networks, and contributions for, or in support of,
127	the use or construction of public, educational, or governmental
128	access facilities to the extent permitted by federal law. A
129	provider of cable service may exercise its right to recover any
130	such expenses associated with such in-kind requirements, to the
131	extent permitted by federal law.
132	(e)  The authority of municipalities and counties to
133	require franchise fees from providers of communications
134	services, with respect to the provision of communications
135	services, is specifically preempted by the state, except as
136	otherwise provided in subparagraph (a)2., because of unique
137	circumstances applicable to providers of communications services
138	when compared to other utilities occupying municipal or county
139	roads or rights-of-way. Providers of communications services may
140	provide similar services in a manner that requires the placement
141	of facilities in municipal or county roads or rights-of-way or
142	in a manner that does not require the placement of facilities in
143	such roads or rights-of-way. Although similar communications
144	services may be provided by different means, the state desires
145	to treat providers of communications services in a
146	nondiscriminatory manner and to have the taxes, franchise fees,
147	and other fees paid by providers of communications services be
148	competitively neutral. Municipalities and counties retain all
149	existing authority, if any, to collect franchise fees from users
150	or occupants of municipal or county roads or rights-of-way other
151	than providers of communications services, and the provisions of
152	this subsection shall have no effect upon this authority. The
153	provisions of this subsection do not restrict the authority, if
154	any, of municipalities or counties or other governmental
155	entities to receive reasonable rental fees based on fair market
156	value for the use of public lands and buildings on property
157	outside the public roads or rights-of-way for the placement of
158	communications antennas and towers.
159	(f)  Except as expressly allowed or authorized by general
160	law and except for the rights-of-way permit fees subject to
161	paragraph (c), a municipality or county may not levy on a
162	provider of communications services a tax, fee, or other charge
163	or imposition for operating as a provider of communications
164	services within the jurisdiction of the municipality or county
165	which is in any way related to using its roads or rights-of-way.
166	A municipality or county may not require or solicit in-kind
167	compensation, except as otherwise provided in s. 202.24(2)(c)8.,
168	s. 610.1075(2), or s. 610.113 subparagraph (a)2. Nothing in this
169	paragraph shall impair any ordinance or agreement in effect on
170	May 22, 1998, or any voluntary agreement entered into subsequent
171	to that date, which provides for or allows in-kind compensation
172	by a telecommunications company.
173	Section 4.  Section 337.4061, Florida Statutes, is amended
174	to read:
175	337.4061  Definitions; unlawful use of state-maintained
176	road right-of-way by nonfranchised cable television services.--
177	(1)  As used in this section, the term:
178	(a)  "Cable service" means:
179	1.  The one-way transmission to subscribers of video
180	programming or any other programming service; and
181	2.  Subscriber interaction, if any, which is required for
182	the selection of such video programming or other programming
183	service.
184	(b)  "Cable system" means a facility, consisting of a set
185	of closed transmission paths and associated signal generation,
186	reception, and control equipment that is designed to provide
187	cable service which includes video programming and which is
188	provided to multiple subscribers within a community, but such
189	term does not include:
190	1.  A facility that serves only to retransmit the
191	television signals of one or more television broadcast stations;
192	2.  A facility that serves only subscribers in one or more
193	multiple-unit dwellings under common ownership, control, or
194	management, unless such facility or facilities use any public
195	right-of-way;
196	3.  A facility that serves subscribers without using any
197	public right-of-way;
198	4.3.  A facility of a common carrier that is subject, in
199	whole or in part, to the provisions of 47 U.S.C. ss. 201 et
200	seq., except the specific bandwidths or wavelengths used by that
201	such facility shall be considered a cable system only to the
202	extent such bandwidths or wavelengths are facility is used in
203	the transmission of video programming directly to subscribers,
204	unless the extent of such use is solely to provide interactive
205	on-demand services, in which case the use of such bandwidths or
206	wavelengths is not a cable system; or
207	5.4.  Any facilities of any electric utility used solely
208	for operating its electric utility systems.
209	(c)  "Franchise" means an initial authorization or renewal
210	thereof issued by a franchising authority, whether such
211	authorization is designated as a franchise, permit, license,
212	resolution, contract, certificate, agreement, or otherwise,
213	which authorizes the construction or operation of a cable
214	system.
215	(d)  "Franchising authority" means any governmental entity
216	empowered by federal, state, or local law to grant a franchise.
217	(e)  "Person" means an individual, partnership,
218	association, joint stock company, trust, corporation, or
219	governmental entity.
220	(f)  "Video programming" means programming provided by or
221	generally considered comparable to programming provided by a
222	television broadcast station or cable system.
223	(2)  It is unlawful to use the right-of-way of any state-
224	maintained road, including appendages thereto, and also
225	including, but not limited to, rest areas, wayside parks, boat-
226	launching ramps, weigh stations, and scenic easements, to
227	provide for cable service over a cable system purposes within a
228	geographic area subject to a valid existing franchise for cable
229	service, unless the cable system using such right-of-way holds a
230	franchise from a franchising authority the municipality or
231	county for the area in which the right-of-way is located.
232	(3)  A violation of this section shall be deemed a
233	violation of s. 337.406.
234	Section 5.  Sections 610.102, 610.103, 610.104, 610.105,
235	610.107, 610.1075, 610.108, 610.109, 610.110, 610.111, 610.112,
236	610.113, 610.114, 610.115, 610.116, 610.117, and 610.118,
237	Florida Statutes, are created to read:
238	610.102  Authority to issue cable franchise.--The
239	department shall be designated as the franchising authority,
240	pursuant to 47 U.S.C. s. 522(10), for an ordinance or statutory
241	franchise for the provision of cable service. A municipality or
242	county may not grant a new franchise for the provision of cable
243	service within its jurisdiction after the effective date of this
244	act.
245	610.103  Definitions.--As used in this chapter, the term:
246	(1)  "Cable service" means:
247	(a)  The one-way transmission to subscribers of video
248	programming or any other programming service.
249	(b)  Subscriber interaction, if any, that is required for
250	the selection of such video programming or other programming
251	service.
252	(2)  "Cable service provider" means a person that provides
253	cable service over a cable system.
254	(3)  "Cable system" means a facility consisting of a set of
255	closed transmission paths and associated signal generation,
256	reception, and control equipment that is designed to provide
257	cable service that includes video programming and that is
258	provided to multiple subscribers within a community, but such
259	term does not include:
260	(a)  A facility that serves only to retransmit the
261	television signals of one or more television broadcast stations;
262	(b)  A facility that serves only subscribers in one or more
263	multiple-unit dwellings under common ownership, control, or
264	management, unless such facility or facilities use any public
265	right-of-way;
266	(c)  A facility that serves subscribers without using any
267	public right-of-way;
268	(d)  A facility of a common carrier that is subject, in
269	whole or in part, to the provisions of 47 U.S.C. ss. 201 et
270	seq., except the specific bandwidths or wavelengths over such
271	facility shall be considered a cable system only to the extent
272	such bandwidths or wavelengths are used in the transmission of
273	video programming directly to subscribers, unless the extent of
274	such use is solely to provide interactive on-demand services, in
275	which case it is not a cable system; or
276	(e)  Any facilities of any electric utility used solely for
277	operating its electric utility systems.
278	(4)  "Certificateholder" means a cable service provider
279	that has been issued and holds an ordinance or statutory
280	certificate of franchise authority from the department.
281	(5)  "Department" means the Department of State.
282	(6)  "Franchise" or "franchise authority" means an initial
283	authorization or renewal of an authorization, regardless of
284	whether the authorization is designated as a franchise, permit,
285	license, resolution, contract, certificate, agreement, or
286	otherwise, to construct and operate a cable system in the public
287	right-of-way.
288	(7)  "Incumbent cable service provider" means the cable
289	service provider serving the largest number of cable subscribers
290	in a particular municipal or county franchise area on July 1,
291	2006.
292	(8)  "Public right-of-way" means the area on, below, or
293	above a public roadway, highway, street, sidewalk, or alley,
294	including, but not limited to, a municipal, county, state,
295	district, or other public roadway, highway, street, sidewalk, or
296	alley.
297	(9)  "Video programming" means programming provided by, or
298	generally considered comparable to programming provided by, a
299	television broadcast station as set forth in 47 U.S.C. s.
300	522(20).
301	610.104  Standard cable ordinance; ordinance certificate of
302	franchise authority.--
303	(1)  A municipality or county may enact a standard cable
304	ordinance for the provision of cable service over a cable system
305	within its jurisdiction within 60 days after a request by an
306	entity or person, other than the incumbent cable service
307	provider, seeking to provide cable service over a cable system
308	in whole or in part within that municipality or county but in no
309	event later than January 1, 2007. A municipality must, at least
310	10 days prior to consideration on first reading, and a county
311	must, at least 15 days prior to consideration at a public
312	hearing, provide notice to the Secretary of State of a proposed
313	standard cable ordinance. The notice required by this subsection
314	must be published by the Secretary of State on a designated
315	Internet website.
316	(2)  A standard cable ordinance shall contain each of the
317	terms and conditions set forth in s. 610.107 using the precise
318	language contained in that section. The standard cable ordinance
319	may contain any or all of the provisions in s. 610.1075(1)-(6)
320	and shall not impose any other terms or conditions upon a cable
321	service provider. If a municipality or county enacts a standard
322	cable ordinance within the 60-day period that complies with the
323	requirements of this section, an entity or person seeking to
324	provide cable service over a cable system in whole or in part
325	within that municipality or county shall file its application
326	for an ordinance certificate pursuant to the terms and
327	conditions set forth in s. 610.107 with the municipality or
328	county. Upon determining that an applicant has met the criteria
329	as set forth in s. 610.107, the municipality or county shall
330	immediately issue notice of compliance to the department,
331	whereupon the department shall issue an ordinance certificate of
332	franchise authority that contains all of the terms set forth in
333	s. 610.108(4) within 5 business days. The standard cable
334	ordinance enacted by a municipality or county pursuant to, and
335	in conformance with, the requirements of this chapter shall
336	supersede any existing cable ordinance enacted by the county or
337	municipality with regard to any cable service provider electing
338	to apply for or operating under a standard ordinance
339	certificate. A municipality or county may not change the terms
340	of any ordinance adopted pursuant to this section, except that
341	the municipality or county may change terms adopted pursuant to
342	s. 610.1075 after a period of 10 years after the date of initial
343	enactment of the standard ordinance and every 10 years
344	thereafter, subject to the limits set forth in s. 610.1075(1)-
345	(6).
346	610.105  Statutory certificate.--In the event a
347	municipality or county fails to enact the standard cable
348	ordinance permitted by s. 610.104 within 60 days after a request
349	or before January 1, 2007, whichever is earlier, or fails to
350	provide notice of compliance with the department to allow the
351	department to issue an ordinance certificate pursuant to the
352	standard cable ordinance within the period set forth in s.
353	610.107(3), an entity or person seeking to provide cable service
354	over a cable system in whole or in part within that municipality
355	or county shall file for a statutory certificate of franchise
356	authority with the department as set forth in s. 610.108. If a
357	municipality or county disputes that its ordinance fails to
358	comply with the requirements of s. 610.104 or disputes that it
359	has failed to notify the department to issue an ordinance
360	certificate within the period set forth in s. 610.107(3), the
361	statutory certificate of franchise authority shall govern until
362	the dispute is resolved and the municipality or county notifies
363	the department to issue an ordinance certificate pursuant to a
364	valid standard cable ordinance.
365	610.107  Required provisions of standard cable
366	ordinance.--A municipality or county electing to enact a
367	standard cable ordinance pursuant to s. 610.104 must adopt the
368	provisions set forth in subsections (1)-(11) using the precise
369	language set forth in those subsections, except as otherwise
370	indicated in brackets, and may not include any other terms or
371	conditions:
372	(1)  An entity or person seeking to provide cable service
373	over a cable system located in whole or in part within [the
374	applicable municipality or county] must submit to [the
375	applicable municipal or county agency] an affidavit signed by an
376	officer or general partner of the applicant affirming:
377	(a)  That the applicant has filed or will timely file with
378	the Federal Communications Commission all forms required by that
379	agency in advance of offering cable service in this state.
380	(b)  That the applicant agrees to comply with all
381	applicable federal and state laws and regulations, to the extent
382	that such state laws and rules are not in conflict with or
383	superseded by the provisions of chapter 610 and s. 337.401,
384	Florida Statutes, or other applicable state law.
385	(c)  That the applicant agrees to comply with all lawful
386	state laws and rules and municipal and county ordinances and
387	regulations regarding the placement and maintenance of
388	communications facilities in the public right-of-way that are
389	generally applicable to providers of communications services in
390	accordance with s. 337.401, Florida Statutes.
391	(d)  A description of the service area for which the
392	applicant seeks certificate of franchise authority, which need
393	not be coextensive with municipal, county, or other political
394	boundaries.
395	(e)  The location of the applicant's principal place of
396	business and the names of the applicant's principal executive
397	officers.
398	(f)  That the applicant is authorized to do business in the
399	state.
400	(g)  That the applicant has sufficient technical,
401	financial, and managerial capability to provide cable service
402	within the service area for which the applicant seeks a
403	certificate of franchise authority. At the time of the filing of
404	the affidavit, the applicant shall furnish its most recent
405	unqualified audited financial statement if a publicly available
406	audited financial report for the applicant or its parent entity
407	is not available.
408	(h)  That neither the applicant nor any of its current
409	principal executive officers are under indictment or have been
410	convicted of a felony in this state.
411	(2)  Before the 10th business day after an applicant for a
412	certificate of franchise authority submits the affidavit
413	described in subsection (1), the [applicable municipal or county
414	agency] shall notify the applicant whether the applicant's
415	affidavit is complete. If the [applicable municipal or county
416	agency] finds that the application is incomplete, the
417	[applicable municipal or county agency] must specify with
418	particularity the corrective action required and permit the
419	applicant to amend the application to cure any deficiency.
420	(3)  The [applicable municipal or county agency] shall
421	provide a notice of compliance to the Department of State before
422	the 15th business day after receipt of an affidavit submitted by
423	an applicant pursuant to subsection (1), except that, if the
424	[applicable municipal or county agency] provides notice before
425	the 10th business day after receipt of the affidavit that the
426	affidavit is not complete pursuant to subsection (2), the
427	[applicable municipal or county agency] shall submit a notice of
428	compliance to the Department of State within 5 business days
429	after receipt of an amended affidavit.
430	(4)  After the Department of State issues an ordinance
431	certificate of franchise authority pursuant to s. 610.104,
432	Florida Statutes, the applicant shall have the right to provide
433	cable service over a cable system as requested in the affidavit
434	and shall have the right to construct, maintain, and operate
435	facilities through, upon, over, and under any public right-of-
436	way or waters within [the applicable municipality or county].
437	(5)  A certificateholder may include additional service
438	areas within [the applicable municipality or county] in its
439	current ordinance certificate by filing notice with the
440	[applicable municipal or county agency] and the Department of
441	State that reflects the new service area or areas to be served.
442	(6)  The ordinance certificate is fully transferable to any
443	successor in interest to the applicant to which the certificate
444	is initially granted. A notice of transfer shall be filed with
445	the [applicable municipal or county agency] and the Department
446	of State within 14 business days following the completion of
447	such transfer.
448	(7)  The certificate of franchise authority issued by the
449	department may be terminated by the cable service provider by
450	submitting notice to the [applicable municipal or county agency]
451	and the Department of State.
452	(8)  An applicant may challenge a denial of an application
453	or any failure to act by the [applicable municipal or county
454	agency] in a court of competent jurisdiction through a petition
455	for a writ of mandamus.
456	(9)  The [applicable municipal or county agency] may adopt
457	a standard application form, in which case the application shall
458	be on such form.
459	(10)  For the purposes of this ordinance, the definitions
460	set forth in s. 610.103, Florida Statutes, shall apply.
461	(11)  After [the effective date of this ordinance], a cable
462	service provider operating under a franchise agreement granted
463	by [the applicable municipality or county] prior to [the
464	effective date of this ordinance] may elect to terminate its
465	existing franchise agreement pursuant to s. 610.109, Florida
466	Statutes, and obtain an ordinance franchise hereunder.
467	610.1075  Optional provisions of standard cable
468	ordinance.--A municipality or county electing to enact a
469	standard cable ordinance pursuant to s. 610.104 may include
470	provisions that:
471	(1)  Establish the number of public, educational, and
472	governmental access channels that each cable service provider
473	must provide, upon request, to the municipality or county, as
474	follows:
475	(a)  A municipality or county may require an ordinance
476	certificateholder, within 180 days following a request from such
477	municipality or county, to designate a sufficient amount of
478	capacity on its network to allow the provision of a comparable
479	number of public, educational, and governmental access channels
480	or capacity equivalent that a municipality or county has
481	activated under the incumbent cable service provider's franchise
482	agreement as of January 1, 2006, or the number of channels or
483	capacity set forth in paragraph (b), whichever is greater. For
484	the purposes of this section, a public, educational, or
485	governmental channel is deemed activated if the channel is being
486	used for public, educational, or governmental programming within
487	the municipality or county for at least 4 hours per day. The
488	municipality or county may require, within 180 days following a
489	request from such municipality or county, additional channels or
490	capacity up to the equivalent permitted under the incumbent
491	cable service provider's franchise agreement as of January 1,
492	2006, upon a showing that activated channels are substantially
493	used, as set forth in s. 610.113(5).
494	(b)  If a municipality or county did not have public,
495	educational, or governmental access channels activated under the
496	incumbent cable service provider's franchise agreement as of
497	January 1, 2006, the municipality or county may require the
498	ordinance certificateholder to furnish, not later than 180 days
499	following a request by the municipality or county:
500	1.  Up to three public, educational, or governmental
501	channels or capacity equivalent for a municipality or county
502	with a population of at least 50,000.
503	2.  Up to two public, educational, or governmental channels
504	or capacity equivalent for a municipality or county with a
505	population of less than 50,000.
506	(c)  All other provisions of s. 610.113 shall apply to the
507	provision of public, educational, or governmental access
508	channels by an ordinance certificateholder.
509	(2)  Require the ordinance certificateholder to make cash
510	payments as follows:
511	(a)  To the extent that the municipality or county was
512	entitled on July 1, 2006, to receive recurring cash payments on
513	a per subscriber basis to support the capital costs of public,
514	educational, and governmental access facilities pursuant to the
515	terms of the incumbent cable service provider's franchise, the
516	municipality or county may require an ordinance
517	certificateholder to make the same recurring cash payments on a
518	per subscriber basis until the expiration date set forth in the
519	incumbent cable service provider's franchise agreement existing
520	as of July 1, 2006, regardless of whether the incumbent cable
521	service provider's franchise agreement is terminated pursuant to
522	s. 610.109(4). Thereafter, the municipality or county may
523	require an ordinance certificateholder to pay to the
524	municipality or county an amount not to exceed 1 percent of the
525	certificateholder's sales price as defined in s. 202.11(13) for
526	the retail sale of cable services provided to customers located
527	within the respective municipal or county boundaries, based upon
528	the certificateholder's books and records. Such payments may
529	only be used by the municipality or county to support the
530	capital costs incurred by the municipality or county for public,
531	educational, or governmental access facilities. All payments
532	made pursuant to this subsection shall be made in the same
533	manner as and as a part of the certificateholder's payment of
534	communications services tax pursuant to s. 202.27, and all
535	definitions, exemptions, and administrative provisions of
536	chapter 202 shall apply to such payments.
537	(b)  If the municipality or county was not entitled on July
538	1, 2006, to receive recurring cash payments on a per subscriber
539	basis to support the capital costs of public, educational, and
540	governmental access facilities pursuant to the terms of the
541	incumbent cable service provider's franchise, or if the
542	municipality or county elects not to require payments under
543	paragraph (a), the municipality or county may require an
544	ordinance certificateholder to pay to the municipality or county
545	an amount not to exceed 1 percent of the certificateholder's
546	sales price as defined in s. 202.11(13) for the retail sale of
547	cable services provided to customers located within the
548	respective municipal or county boundaries, based upon the
549	certificateholder's books and records. Such payments may only be
550	used by the municipality or county to support the capital costs
551	incurred by the municipality or county for public, educational,
552	or governmental access facilities. All payments made pursuant to
553	this subsection shall be made in the same manner as and as a
554	part of the certificateholder's payment of communications
555	services tax pursuant to s. 202.27, and all definitions,
556	exemptions, and administrative provisions of chapter 202 shall
557	apply to such payments.
558	(3)  Require each ordinance certificateholder, if requested
559	pursuant to a bona fide order for cable service, to make cable
560	service available at each building used for municipal or county
561	purposes, including, but not limited to, emergency operations
562	centers, fire stations, and public schools within the area
563	described in its application under s. 610.107(1)(d), within 5
564	years after the date of the issuance of its certificate by the
565	municipality or county. Such provisions must permit the
566	ordinance certificateholder to satisfy this obligation using the
567	technology of its choice.
568	(4)  Identify and cross-reference other municipal and
569	county ordinances and regulations regarding the placement and
570	maintenance of communications facilities in the public right-of-
571	way with which each ordinance certificateholder must comply. Any
572	other ordinance and regulation identified and cross-referenced
573	in the standard cable ordinance shall be generally applicable to
574	all providers of communications services in accordance with s.
575	337.401.
576	(5)  Require an incumbent cable service provider to comply
577	with customer service requirements reasonably comparable to, and
578	that do not exceed, the standards in 47 C.F.R. s. 76.309(c).
579	Such requirements shall only apply until there are two or more
580	providers offering service, excluding direct-to-home satellite
581	service, in the relevant service area. In addition, the
582	municipality or county may require that cable service quality
583	complaints from customers of an ordinance certificateholder
584	within the jurisdiction of the municipality or county be filed
585	with an appropriate municipal or county office or agency. This
586	subsection shall not be construed to permit the municipality or
587	county to impose customer service standards in conflict with
588	this section. The municipality or county must require the
589	applicable municipal or county agency to address customer
590	service complaints expeditiously by assisting with the
591	resolution of such complaints between the complainant and the
592	certificateholder.
593	(6)  Require an ordinance certificateholder to update the
594	information contained in the original application for an
595	ordinance certificate no more frequently than once every 3
596	years.
597	610.108  Application process; statutory certificate of
598	franchise authority.--When a person or entity applies for a
599	statutory certificate of franchise authority under s. 610.105,
600	the following provisions apply:
601	(1)  Before the 10th business day after an applicant for a
602	certificate of franchise authority submits the affidavit
603	described in subsection (2), the department shall notify the
604	applicant whether the applicant's affidavit is complete. If the
605	department denies the application, the department must specify
606	with particularity the reasons for the denial and permit the
607	applicant to amend the application to cure any deficiency. The
608	department shall act upon such amended application within 5
609	business days.
610	(2)  The department shall issue a certificate of franchise
611	authority to offer cable service before the 15th business day
612	after receipt of a completed affidavit submitted by an applicant
613	and signed by an officer or general partner of the applicant
614	affirming:
615	(a)  That the applicant has filed or will timely file with
616	the Federal Communications Commission all forms required by that
617	agency in advance of offering cable service in this state.
618	(b)  That the applicant agrees to comply with all
619	applicable federal and state laws and regulations, to the extent
620	that such state laws and rules are not in conflict with or
621	superseded by the provisions of this chapter or other applicable
622	state law.
623	(c)  That the applicant agrees to comply with all lawful
624	state laws and rules and municipal and county ordinances and
625	regulations regarding the placement and maintenance of
626	communications facilities in the public right-of-way that are
627	generally applicable to providers of communications services in
628	accordance with s. 337.401.
629	(d)  A description of the service area for which the
630	applicant seeks a certificate of franchise authority, which need
631	not be coextensive with municipal, county, or other political
632	boundaries.
633	(e)  The location of the applicant's principal place of
634	business and the names of the applicant's principal executive
635	officers.
636	(f)  That the applicant is authorized by the department to
637	transact business in this state.
638	(g)  That the applicant has sufficient technical,
639	financial, and managerial capability to provide cable service
640	within the service area for which the applicant seeks a
641	certificate of franchise authority. At the time of the filing of
642	the affidavit, the applicant shall furnish its most recent
643	unqualified audited financial statement if a publicly available
644	audited financial report for the applicant or its parent entity
645	is not available.
646	(h)  That neither the applicant nor any of its current
647	principal executive officers are under indictment nor have been
648	convicted of a felony in this state.
649	(3)  If the department fails to act on the application
650	within 30 business days after receiving the application, the
651	application shall have been deemed granted by the department
652	without further action.
653	(4)  The certificate of franchise authority issued by the
654	department shall contain:
655	(a)  A grant of authority to provide cable service over a
656	cable system as requested in the application.
657	(b)  A grant of authority to construct, maintain, and
658	operate facilities through, upon, over, and under any public
659	right-of-way.
660	(c)  A statement that the grant of authority is subject to
661	lawful operation of the cable system to provide cable service by
662	the applicant or its successor in interest.
663	(5)  A certificateholder that seeks to include additional
664	service areas in its current certificate shall file notice with
665	the department that reflects the new service area or areas to be
666	served.
667	(6)  The certificate of franchise authority issued by the
668	department is fully transferable to any successor in interest to
669	the applicant to which the certificate is initially granted. A
670	notice of transfer shall be filed with the department and the
671	relevant municipality or county within 14 business days
672	following the completion of such transfer.
673	(7)  The certificate of franchise authority issued by the
674	department may be terminated by the cable service provider by
675	submitting notice to the department.
676	(8)  An applicant may challenge a denial of an application
677	by the department in a court of competent jurisdiction through a
678	petition for a writ of mandamus.
679	(9)  The department may adopt any procedural rules and
680	regulations pursuant to ss. 120.536(1) and 120.54 necessary to
681	implement this section. Failure of an applicant to comply with
682	procedural rules and regulations adopted by the department to
683	implement this section shall not be a basis for denial of a
684	certificate if the affidavit is submitted before the department
685	adopts such procedural rules and regulations.
686	(10)  The department may revoke an ordinance or statutory
687	certificate of franchise authority for any area as to which a
688	court of competent jurisdiction finds, pursuant to s. 610.117,
689	that a certificateholder is in noncompliance with the
690	requirements of this chapter after notice and a reasonable time
691	to cure the noncompliance.
692	(11)  The department may establish a standard application
693	form and if such a form is created, applications shall be on
694	such form and must be accompanied by a one-time application fee
695	established by the department, not to exceed $10,000. The fee
696	shall be based on the costs incurred by the department in
697	performing its duties under the provisions of ss. 610.102-
698	610.118.
699	(12)  Beginning 3 years after approval of the
700	certificateholder's initial ordinance or statutory certificate
701	of franchise, and every 3 years thereafter, the
702	certificateholder shall update the information contained in the
703	original application for a certificate of franchise. At the time
704	of the filing of the information update, the certificateholder
705	shall pay a processing fee, not to exceed $1,000, for the costs
706	incurred by the department in the handling of the information
707	update.
708	(13)  Beginning 10 years after approval of the
709	certificateholder's initial ordinance or statutory certificate
710	of franchise, and every 10 years thereafter, the
711	certificateholder shall file a renewal notice accompanied by an
712	affidavit that contains the information required by subsection
713	(4). At the time of the filing of the renewal notice, the
714	certificateholder shall pay a fee, not to exceed $10,000,
715	established by the department. The certificateholder may elect
716	to renew any or all of its ordinance and statutory certificates
717	in a single filing with the department subject to a single
718	filing fee. The fee shall be based on the costs incurred by the
719	department in performing its duties under this subsection. Upon
720	receipt of the notice of renewal and payment of the fee, the
721	certificates shall be deemed automatically renewed unless the
722	department files a notice of deficiency within 30 days. The
723	certificateholder shall have 30 days to cure any deficiency in
724	its renewal notice. A deficiency with respect to a particular
725	municipality or county shall not affect the renewal of the
726	certificates with respect to any other service area.
727	610.109  Eligibility of incumbent cable provider for
728	ordinance or statutory certificate of franchise authority.--
729	(1)  Except as provided in subsection (4), an incumbent
730	cable service provider that has an existing, unexpired franchise
731	to provide cable service with respect to a municipality or
732	county as of July 1, 2006, is not eligible to seek an ordinance
733	or statutory certificate of franchise authority under this
734	chapter as to that municipality or county until the expiration
735	date of the existing franchise agreement.
736	(2)  For purposes of this section, a cable service provider
737	will be deemed to have or have had a franchise to provide cable
738	service in a specific municipality or county if any affiliate or
739	successor entity of the cable service provider has or had a
740	franchise agreement granted by that specific municipality or
741	county.
742	(3)  For purposes of this section, the term "affiliate or
743	successor entity" refers to an entity receiving, obtaining, or
744	operating under a franchise that directly or indirectly owns or
745	controls, is owned or controlled by, or is under common
746	ownership or control with the cable service provider.
747	(4)  Notwithstanding subsection (1), a cable service
748	provider may elect to terminate an existing municipal or county
749	franchise and seek an ordinance or statutory certificate of
750	franchise authority with respect to such municipality or county
751	on January 1, 2007, or the date on which such municipality or
752	county adopts a standard ordinance pursuant to s. 610.104,
753	whichever is earlier. The cable service provider may terminate
754	its existing franchise under this subsection by providing
755	written notice to the Secretary of State and the affected
756	municipality or county within 180 days following the issuance of
757	the ordinance or statutory certificate of franchise authority to
758	the nonincumbent cable service provider. The municipal or county
759	franchise is terminated on the date the ordinance or statutory
760	certificate of franchise authority is granted with respect to
761	such municipality or county to the cable service provider.
762	610.110  Franchise fee prohibited.--Except as otherwise
763	provided in this chapter, the department may not impose any
764	taxes, fees, charges, or other impositions on a cable service
765	provider as a condition for the issuance of an ordinance or
766	statutory certificate of franchise authority. Except as
767	otherwise provided in this chapter, no municipality or county
768	may impose any taxes, fees, charges, or other exactions on
769	certificateholders in connection with use of public right-of-way
770	as a condition of a certificateholder doing business in the
771	municipality or county, or otherwise, except such taxes, fees,
772	charges, or other exactions permitted by chapter 202, s.
773	337.401(6), and this chapter.
774	610.111  Buildout.--Except as otherwise provided in s.
775	610.1075(3), no franchise authority, state agency, or political
776	subdivision may impose any buildout requirements on a
777	certificateholder. However, each certificateholder, if requested
778	pursuant to a bona fide order for cable service, shall make
779	cable service available at each building used for municipal or
780	county purposes, including, but not limited to, emergency
781	operations centers, fire stations, and public schools within the
782	area described in its application under s. 610.108(2)(d), as
783	applicable, within 5 years after the date of the issuance of its
784	certificate by the department, using the technology of its
785	choice.
786	610.112  Customer service standards.--
787	(1)  An incumbent cable service provider shall comply with
788	customer service requirements reasonably comparable to, and that
789	do not exceed, the standards in 47 C.F.R. s. 76.309(c) until
790	there are two or more providers offering service, excluding
791	direct-to-home satellite service, in the relevant service area.
792	(2)  The Department of Agriculture and Consumer Services
793	shall receive service quality complaints from customers of a
794	statutory certificateholder. The Department of Agriculture and
795	Consumer Services may adopt any procedural rules pursuant to ss.
796	120.536(1) and 120.54 necessary to implement this section.
797	(3)  The Department of Agriculture and Consumer Services
798	shall address customer service complaints expeditiously by
799	assisting with the resolution of such complaints between the
800	complainant and the certificateholder.
801	610.113  Public, educational, and governmental access
802	channels.--
803	(1)  A certificateholder, not later than 180 days following
804	a request by a municipality or county within whose jurisdiction
805	the certificateholder is providing cable service, shall
806	designate a sufficient amount of capacity on its network to
807	allow the provision of public, educational, and governmental
808	access channels for noncommercial programming as set forth in
809	this section and in a municipal or county franchise pursuant to
810	s. 610.1075(1).
811	(2)  A certificateholder shall designate a sufficient
812	amount of capacity on its network to allow the provision of a
813	comparable number of public, educational, and governmental
814	access channels or capacity equivalent that a municipality or
815	county has activated under the incumbent cable service
816	provider's franchise agreement as of July 1, 2006, or the number
817	of channels or capacity set forth in paragraphs (3)(a) and (b),
818	whichever is greater. For the purposes of this section, a
819	public, educational, or governmental channel is deemed activated
820	if the channel is being used for public, educational, or
821	governmental programming within the municipality or county for
822	at least 4 hours per day. The municipality or county may request
823	additional channels or capacity up to the equivalent permitted
824	under the incumbent cable service provider's franchise agreement
825	as of January 1, 2006, upon a showing that active channels are
826	substantially used, as set forth in subsection (5). Except as
827	provided in subsections (3)-(5), the certificateholder's
828	obligations under this subsection continue regardless of whether
829	the incumbent cable service provider, subsequent to July 1,
830	2006, becomes a certificateholder pursuant to this chapter.
831	(3)  If a municipality or county did not have public,
832	educational, or governmental access channels activated under the
833	incumbent cable service provider's franchise agreement as of
834	July 1, 2006, not later than 180 days following a request by the
835	municipality or county within whose jurisdiction a
836	certificateholder is providing cable service, the cable service
837	provider shall furnish:
838	(a)  Up to three public, educational, or governmental
839	channels or capacity equivalent for a municipality or county
840	with a population of at least 50,000.
841	(b)  Up to two public, educational, or governmental
842	channels or capacity equivalent for a municipality or county
843	with a population of less than 50,000.
844	(4)  Any public, educational, or governmental channel
845	provided pursuant to this section that, within 6 months after it
846	is initially provided, is not used by the municipality or county
847	for at least 10 hours a day shall no longer be made available to
848	the municipality or county but may be programmed at the cable
849	service provider's discretion. At such time as the municipality
850	or county can certify to the cable service provider a schedule
851	for at least 10 hours of daily programming, the cable service
852	provider shall restore the previously lost channel but shall be
853	under no obligation to carry that channel on a basic or analog
854	tier.
855	(5)  If a municipality or county has not used the number of
856	access channels or capacity equivalent permitted by subsection
857	(2) or subsection (3), access to the additional channels or
858	capacity equivalent allowed in subsection (2) or subsection (3)
859	shall be provided upon 180 days' written notice if the
860	municipality or county meets the following standard:
861	(a)  If a municipality or county has one active public,
862	educational, or governmental channel and wishes to activate an
863	additional public, educational, or governmental channel, the
864	initial channel shall be considered to be substantially used
865	when 12 hours are programmed on that channel each calendar day.
866	In addition, at least 40 percent of the 12 hours of programming
867	for each business day on average over each calendar quarter must
868	be nonrepeat programming. Nonrepeat programming shall include
869	the first three videocastings of a program.
870	(b)  If a municipality or county is entitled to three
871	public, educational, or governmental channels under subsection
872	(3) and has in service two active public, educational, or
873	governmental channels, each of the two active channels shall be
874	considered to be substantially used when 12 hours are programmed
875	on each channel each calendar day and at least 50 percent of the
876	12 hours of programming for each business day on average over
877	each calendar quarter is nonrepeat programming for three
878	consecutive calendar quarters.
879	(6)  The operation of any public, educational, or
880	governmental access channel or capacity equivalent provided
881	under this section shall be the responsibility of the
882	municipality or county receiving the benefit of such channel or
883	capacity equivalent, and a certificateholder bears only the
884	responsibility for the transmission of such channel content. A
885	certificateholder shall be responsible for providing the
886	connectivity to each public, educational, or governmental access
887	channel distribution point up to the first 200 feet.
888	(7)  The municipality or county shall ensure that all
889	transmissions, content, or programming to be transmitted over a
890	channel or facility by a certificateholder are provided or
891	submitted to the cable service provider in a manner or form that
892	is capable of being accepted and transmitted by a provider
893	without any requirement for additional alteration or change in
894	the content by the provider over the provider's network and is
895	compatible with the technology or protocol used by the cable
896	service provider to deliver services. The provision of public,
897	educational, or governmental content to the provider constitutes
898	authorization for the provider to carry such content, including,
899	at the provider's option, authorization to carry the content
900	beyond the jurisdictional boundaries of the municipality or
901	county.
902	(8)  Where technically feasible, a certificateholder and an
903	incumbent cable service provider shall use reasonable efforts to
904	interconnect their cable systems for the purpose of providing
905	public, educational, and governmental programming.
906	Interconnection may be accomplished by direct cable, microwave
907	link, satellite, or other reasonable method of connection.
908	Certificateholders and incumbent cable service providers shall
909	negotiate in good faith and incumbent cable service providers
910	may not withhold interconnection of public, educational, and
911	governmental channels.
912	(9)  A certificateholder is not required to interconnect
913	for, or otherwise transmit, public, educational, and
914	governmental content that is branded with the logo, name, or
915	other identifying marks of another cable service provider, and a
916	municipality or county may require a cable service provider to
917	remove its logo, name, or other identifying marks from public,
918	educational, and governmental content that is to be made
919	available to another provider.
920	(10)  A court of competent jurisdiction shall have
921	exclusive jurisdiction to enforce any requirement under this
922	section.
923	(11)  In support of the capital costs incurred by the
924	municipality or county in connection with the construction or
925	operation of public, educational, or governmental access
926	facilities and content provided by a municipality or county
927	pursuant to this section, the certificateholder shall pay to the
928	municipality or county 1 percent of the certificateholder's
929	sales price, as defined in s. 202.11(13), for the retail sale of
930	cable services provided to customers located within the
931	respective municipal or county boundaries, based upon the
932	certificateholder's books and records, for a period of 2 years
933	after the date the department issues a certificate to the
934	certificateholder. After the expiration of the 2-year period,
935	the certificateholder shall pay and the municipality or county
936	shall continue to receive up to 1 percent of such sales price in
937	support of the capital costs incurred by the municipality or
938	county in connection with the construction or operation of
939	public, educational, or governmental access facilities and
940	content provided by the municipality or county only if the
941	governing body of the municipality or county affirmatively
942	approves such continued payment. Upon such affirmative vote of
943	approval, the certificateholder may recover from the customer
944	its costs of the payment through a separately stated charge on
945	the customer's bill. All payments made pursuant to this
946	subsection shall be made in the same manner as, and as a part
947	of, the certificateholder's payment of communications services
948	tax pursuant to s. 202.27, and all definitions, exemptions, and
949	administrative provisions of chapter 202 shall apply to such
950	payments.
951	610.114  Nondiscrimination by municipality or county.--
952	(1)  A municipality or county shall allow a
953	certificateholder to install, construct, and maintain a network
954	within a public right-of-way and shall provide a
955	certificateholder with nondiscriminatory and competitively
956	neutral access to the public right-of-way in accordance with the
957	provisions of s. 337.401. All use of a public right-of-way by a
958	certificateholder is nonexclusive.
959	(2)  A municipality or county may not discriminate against
960	a certificateholder regarding:
961	(a)  The authorization or placement of a network in a
962	public right-of-way;
963	(b)  Access to a building or other property; or
964	(c)  Utility pole attachment terms.
965	(3)  Except as expressly provided in this chapter, nothing
966	contained in this chapter shall be construed to limit or
967	abrogate the municipality's or county's authority over the use
968	of public right-of-way under its jurisdiction, as set forth in
969	s. 337.401(3)(a).
970	610.115  Limitation on local authority.--
971	(1)  A municipality or county may not impose additional
972	requirements on a certificateholder, including, but not limited
973	to, financial, operational, and administrative requirements,
974	except as expressly permitted by this chapter. A municipality or
975	county may not impose on activities of a certificateholder a
976	requirement:
977	(a)  That particular business offices be located in the
978	municipality or county;
979	(b)  Regarding the filing of reports and documents with the
980	municipality or county that are not required by state or federal
981	law and that are not related to the use of the public right-of-
982	way. Reports and documents other than schematics indicating the
983	location of facilities for a specific site that are provided in
984	the normal course of the municipality's or county's permitting
985	process, that are authorized by s. 337.401 for communications
986	services providers, or that are otherwise required in the normal
987	course of such permitting process shall not be considered
988	related to the use of the public right-of-way for communications
989	services providers. A municipality or county may not request
990	information concerning the capacity or technical configuration
991	of a certificateholder's facilities;
992	(c)  For the inspection of a certificateholder's business
993	records; or
994	(d)  For the approval of transfers of ownership or control
995	of a certificateholder's business, except a municipality or
996	county may require a certificateholder to provide notice of a
997	transfer within a reasonable time.
998	(2)  Notwithstanding any other provision of law, a
999	municipality or county may require the issuance of a permit in
1000	accordance with and subject to s. 337.401 to a certificateholder
1001	that is placing and maintaining facilities in or on a public
1002	right-of-way in the municipality or county. In accordance with
1003	s. 337.402, the permit may require the permitholder to be
1004	responsible, at the permitholder's expense, for any damage
1005	resulting from the issuance of such permit and for restoring the
1006	public right-of-way to a substantially similar condition to that
1007	of the public right-of-way before installation of such
1008	facilities. The terms of the permit shall be consistent with
1009	construction permits issued to other providers of communications
1010	services placing or maintaining communications facilities in a
1011	public right-of-way.
1012	610.116  Discrimination prohibited.--
1013	(1)  The purpose of this section is to prevent
1014	discrimination among potential residential subscribers.
1015	(2)  Pursuant to 47 U.S.C. s. 541(a)(3), a
1016	certificateholder may not deny access to service to any group of
1017	potential residential subscribers because of the income of the
1018	residents in the local area in which such group resides.
1019	(3)  An affected person may seek enforcement of the
1020	requirements provided by subsection (2) by initiating a
1021	proceeding with the Department of Agriculture and Consumer
1022	Services pursuant to s. 570.544.
1023	(4)  For purposes of determining whether a
1024	certificateholder has violated subsection (2), cost, density,
1025	distance, and technological or commercial limitations shall be
1026	taken into account, and the certificateholder shall have a
1027	reasonable time to deploy service pursuant to 47 U.S.C. s.
1028	541(a)(4)(A). Use of an alternative technology that provides
1029	comparable content, service, and functionality may not be
1030	considered a violation of subsection (2). The inability to serve
1031	an end user because a certificateholder is prohibited from
1032	placing its own facilities in a building or property is not a
1033	violation of subsection (2). This section may not be construed
1034	to authorize any buildout requirements on a certificateholder.
1035	(5)  The Department of Agriculture and Consumer Services
1036	may adopt any procedural rules pursuant to ss. 120.536(1) and
1037	120.54 necessary to implement this section.
1038	610.117  Compliance.--If a certificateholder is found by a
1039	court of competent jurisdiction to not comply with the
1040	requirements of this chapter, the certificateholder shall have a
1041	reasonable period of time, as specified by the court, to cure
1042	such noncompliance.
1043	610.118  Applicability to competitive video programming
1044	services.--A provider of competitive video programming services
1045	shall apply for and obtain an ordinance or statutory certificate
1046	of franchise authority under ss. 610.102-610.118, including all
1047	rights and obligations associated therewith, before providing
1048	service in the state, notwithstanding that competitive video
1049	programming service is not a cable service as defined s.
1050	610.103. For purposes of ss. 610.102-610.118, the term
1051	"competitive video programming services" means video programming
1052	provided through wireline facilities located at least in part of
1053	the public right-of-way without regard to delivery technology,
1054	including Internet protocol technology, provided that this
1055	definition does not include any video programming provided by a
1056	cable service operator; any video programming provided via an
1057	Internet access service, as that term is defined in 47 U.S.C. s.
1058	231(e)(4); or any video programming service provided by a
1059	commercial mobile service provider defined in 47 U.S.C. s.
1060	322(b).
1061	Section 6.  Reports to the Legislature.--On December 1,
1062	2009, the Office of Program Policy Analysis and Governmental
1063	Accountability shall submit to the President of the Senate, the
1064	Speaker of the House of Representatives, and the majority and
1065	minority leaders of the Senate and House of Representatives a
1066	report on the status of competition in the cable service
1067	industry, including, by each municipality and county, the number
1068	of cable service providers, the number of cable subscribers
1069	served, the number of areas served by fewer than two cable
1070	service providers, the trend in cable prices, and the
1071	identification of any patterns of service as they impact
1072	demographic and income groups.
1073	Section 7.  Severability.--If any provision of ss. 610.102-
1074	610.102-610.118, Florida Statutes, or the application thereof to
1075	any person or circumstance is held invalid, such invalidity
1076	shall not affect other provisions or applications of ss.
1077	610.102-610.118, Florida Statutes, that can be given effect
1078	without the invalid provision or application, and to this end
1079	the provisions of ss. 610.102-610.118, Florida Statutes, are
1080	severable.
1081	Section 8.  Section 166.046, Florida Statutes, is repealed.
1082	Section 9.  Paragraph (a) of subsection (3) of section
1083	350.81, Florida Statutes, is amended to read:
1084	350.81  Communications services offered by governmental
1085	entities.--
1086	(3)(a)  A governmental entity that provides a cable service
1087	shall comply with the Cable Communications Policy Act of 1984,
1088	47 U.S.C. ss. 521 et seq., the regulations issued by the Federal
1089	Communications Commission under the Cable Communications Policy
1090	Act of 1984, 47 U.S.C. ss. 521 et seq., and all applicable state
1091	and federal rules and regulations, including, but not limited
1092	to, s. 166.046 and those provisions of chapters 202, 212, and
1093	337, and 610 which apply to a provider of the services.
1094	Section 10.  Section 364.0361, Florida Statutes, is amended
1095	to read:
1096	364.0361  Local government authority; nondiscriminatory
1097	exercise.--A local government shall treat each
1098	telecommunications company in a nondiscriminatory manner when
1099	exercising its authority to grant franchises to a
1100	telecommunications company or to otherwise establish conditions
1101	or compensation for the use of rights-of-way or other public
1102	property by a telecommunications company. A local government may
1103	not directly or indirectly regulate the terms and conditions,
1104	including, but not limited to, the operating systems,
1105	qualifications, services, service quality, service territory,
1106	and prices, applicable to or in connection with the provision of
1107	any voice-over-Internet protocol, regardless of the platform,
1108	provider, or protocol, broadband or information service. This
1109	section does not relieve a provider from any obligations under
1110	s. 166.046 or s. 337.401.
1111	Section 11.  This act shall take effect July 1, 2006.
1112
1113	======= T I T L E  A M E N D M E N T ==========
1114	Remove the entire title and insert:
1115	A bill to be entitled
1116	An act relating to statewide cable television franchises;
1117	providing a short title; amending s. 202.24, F.S.;
1118	prohibiting counties and municipalities from negotiating
1119	terms and conditions relating to cable services; deleting
1120	authorization to negotiate; revising application to
1121	existing ordinances or franchise agreements; amending s.
1122	337.401, F.S.; deleting authorization for counties and
1123	municipalities to award cable service franchises and a
1124	restriction that cable service companies not operate
1125	without such a franchise; amending s. 337.4061, F.S.;
1126	revising definitions; creating ss. 610.102, 610.103,
1127	610.104, 610.105, 610.107, 610.1075, 610.108, 610.109,
1128	610.110, 610.111, 610.112, 610.113, 610.114, 610.115,
1129	610.116, 610.117, and 610.118, F.S.; designating the
1130	Department of State as the authorizing authority;
1131	providing definitions; requiring state authorization to
1132	provide cable services and competitive video programming
1133	services; providing requirements and procedures; providing
1134	for fees; providing duties and responsibilities of the
1135	Department of State; providing application procedures and
1136	requirements; providing for issuing certificates of
1137	franchise authority; providing eligibility requirements
1138	and criteria for a certificate; authorizing the department
1139	to adopt rules; providing for an application form;
1140	providing for fees; prohibiting the department from
1141	imposing taxes, fees, or charges on a cable service
1142	provider to issue a certificate; prohibiting imposing
1143	buildout requirements on a certificateholder; requiring
1144	certificateholders to make cable service available at
1145	certain public buildings under certain circumstances;
1146	imposing certain customer service requirements on cable
1147	service providers; requiring the Department of Agriculture
1148	and Consumer Services to receive customer service
1149	complaints; requiring provision of public, educational,
1150	and governmental access channels or capacity equivalent;
1151	providing criteria, requirements, and procedures;
1152	providing exceptions; providing responsibilities of
1153	municipalities and counties relating to such channels;
1154	providing for enforcement; requiring certificateholders to
1155	pay a portion of certain monthly revenues to
1156	municipalities or counties for a certain period of time;
1157	providing for continuing such payments pursuant to local
1158	government approval; authorizing continued payments to be
1159	itemized; providing criteria for such payments; providing
1160	requirements for and limitations on counties and
1161	municipalities relating to access to public right-of-way;
1162	prohibiting counties and municipalities from imposing
1163	additional requirements on certificateholders; authorizing
1164	counties and municipalities to require permits of
1165	certificateholders relating to public right-of-way;
1166	providing permit criteria and requirements; prohibiting
1167	discrimination between cable service subscribers;
1168	providing for enforcement; providing for determinations of
1169	violations; providing for enforcement of compliance by
1170	certificateholders; requiring the Office of Program Policy
1171	Analysis and Government Accountability to report to the
1172	Legislature on the status of competition in the cable
1173	service industry; providing applicability to competitive
1174	video programming services; providing report requirements;
1175	providing severability; repealing s. 166.046, F.S.,
1176	relating to definitions and minimum standards for cable
1177	television franchises imposed upon counties and
1178	municipalities; amending ss. 350.81 and 364.0361, F.S.;
1179	conforming cross-references; providing an effective date.

CODING: Words stricken are deletions; words underlined are additions.