HB 1199

1
A bill to be entitled
2An act relating to statewide cable television franchises;
3providing a short title; amending s. 202.24, F.S.;
4prohibiting counties and municipalities from negotiating
5terms and conditions relating to cable services; deleting
6authorization to negotiate; revising application to
7existing ordinances or franchise agreements; amending s.
8337.401, F.S.; deleting authorization for counties and
9municipalities to award cable service franchises and a
10restriction that cable service companies not operate
11without such a franchise; amending s. 337.4061, F.S.;
12revising definitions; creating ss. 610.102, 610.103,
13610.104, 610.105, 610.106, 610.107, 610.108, 610.109,
14610.110, 610.112, 610.113, 610.114, 610.115, and 610.116,
15F.S.; designating the Department of State as the
16authorizing authority; providing definitions; requiring
17state authorization to provide cable services; providing
18duties and responsibilities of the Department of State;
19providing application procedures and requirements;
20providing for issuing certificates of franchise authority;
21providing eligibility requirements and criteria for a
22certificate; prohibiting the department from imposing
23taxes, fees, or charges on a cable service provider to
24issue a certificate; prohibiting imposing buildout
25requirements on a certificateholder; imposing certain
26customer service requirements on cable service providers;
27requiring the Department of Agriculture and Consumer
28Services to receive customer service complaints; requiring
29provision of public, educational, and governmental access
30channels or capacity equivalent; providing criteria,
31requirements, and procedures; providing exceptions;
32providing responsibilities of municipalities and counties
33relating to such channels; providing for enforcement;
34providing requirements for and limitations on counties and
35municipalities relating to access to public right-of-way;
36prohibiting counties and municipalities from imposing
37additional requirements on certificateholders; authorizing
38counties and municipalities to require permits of
39certificateholders relating to public right-of-way;
40providing permit criteria and requirements; prohibiting
41discrimination between cable service subscribers;
42providing for enforcement; providing for determinations of
43violations; providing for enforcement of compliance by
44certificateholders; providing for applicability of other
45laws; providing severability; repealing s. 166.046, F.S.,
46relating to definitions and minimum standards for cable
47television franchises imposed upon counties and
48municipalities; amending ss. 350.81 and 364.0361, F.S.;
49removing cross-references to conform; providing an
50effective date.
51
52Be It Enacted by the Legislature of the State of Florida:
53
54     Section 1.  This act may be cited as the "Consumer Choice
55Act of 2006."
56     Section 2.  Paragraphs (a) and (c) of subsection (2) of
57section 202.24, Florida Statutes, are amended to read:
58     202.24  Limitations on local taxes and fees imposed on
59dealers of communications services.--
60     (2)(a)  Except as provided in paragraph (c), each public
61body is prohibited from:
62     1.  Levying on or collecting from dealers or purchasers of
63communications services any tax, charge, fee, or other
64imposition on or with respect to the provision or purchase of
65communications services.
66     2.  Requiring any dealer of communications services to
67enter into or extend the term of a franchise or other agreement
68that requires the payment of a tax, charge, fee, or other
69imposition.
70     3.  Adopting or enforcing any provision of any ordinance or
71agreement to the extent that such provision obligates a dealer
72of communications services to charge, collect, or pay to the
73public body a tax, charge, fee, or other imposition.
74
75Municipalities and counties may not negotiate Each municipality
76and county retains authority to negotiate all terms and
77conditions of a cable service franchise allowed by federal and
78state law except those terms and conditions related to franchise
79fees or and the definition of gross revenues or other
80definitions or methodologies related to the payment or
81assessment of franchise fees on providers of cable services.
82     (c)  This subsection does not apply to:
83     1.  Local communications services taxes levied under this
84chapter.
85     2.  Ad valorem taxes levied pursuant to chapter 200.
86     3.  Occupational license taxes levied under chapter 205.
87     4.  "911" service charges levied under chapter 365.
88     5.  Amounts charged for the rental or other use of property
89owned by a public body which is not in the public rights-of-way
90to a dealer of communications services for any purpose,
91including, but not limited to, the placement or attachment of
92equipment used in the provision of communications services.
93     6.  Permit fees of general applicability which are not
94related to placing or maintaining facilities in or on public
95roads or rights-of-way.
96     7.  Permit fees related to placing or maintaining
97facilities in or on public roads or rights-of-way pursuant to s.
98337.401.
99     8.  Any in-kind requirements, institutional networks, or
100contributions for, or in support of, the use or construction of
101public, educational, or governmental access facilities allowed
102under federal law and imposed on providers of cable service
103pursuant to any existing ordinance or an existing franchise
104agreement granted by each municipality or county, under which
105ordinance or franchise agreement service is provided prior to
106July 1, 2006. Nothing in this subparagraph shall prohibit the
107ability of providers of cable service to recover such expenses
108as allowed under federal law.
109     9.  Special assessments and impact fees.
110     10.  Pole attachment fees that are charged by a local
111government for attachments to utility poles owned by the local
112government.
113     11.  Utility service fees or other similar user fees for
114utility services.
115     12.  Any other generally applicable tax, fee, charge, or
116imposition authorized by general law on July 1, 2000, which is
117not specifically prohibited by this subsection or included as a
118replaced revenue source in s. 202.20.
119     Section 3.  Paragraphs (a), (e), and (f) of subsection (3)
120of section 337.401, Florida Statutes, are amended to read:
121     337.401  Use of right-of-way for utilities subject to
122regulation; permit; fees.--
123     (3)(a)1.  Because of the unique circumstances applicable to
124providers of communications services, including, but not limited
125to, the circumstances described in paragraph (e) and the fact
126that federal and state law require the nondiscriminatory
127treatment of providers of telecommunications services, and
128because of the desire to promote competition among providers of
129communications services, it is the intent of the Legislature
130that municipalities and counties treat providers of
131communications services in a nondiscriminatory and competitively
132neutral manner when imposing rules or regulations governing the
133placement or maintenance of communications facilities in the
134public roads or rights-of-way. Rules or regulations imposed by a
135municipality or county relating to providers of communications
136services placing or maintaining communications facilities in its
137roads or rights-of-way must be generally applicable to all
138providers of communications services and, notwithstanding any
139other law, may not require a provider of communications
140services, except as otherwise provided in subparagraph 2., to
141apply for or enter into an individual license, franchise, or
142other agreement with the municipality or county as a condition
143of placing or maintaining communications facilities in its roads
144or rights-of-way. In addition to other reasonable rules or
145regulations that a municipality or county may adopt relating to
146the placement or maintenance of communications facilities in its
147roads or rights-of-way under this subsection, a municipality or
148county may require a provider of communications services that
149places or seeks to place facilities in its roads or rights-of-
150way to register with the municipality or county and to provide
151the name of the registrant; the name, address, and telephone
152number of a contact person for the registrant; the number of the
153registrant's current certificate of authorization issued by the
154Florida Public Service Commission, or the Federal Communications
155Commission, or the Florida Department of State; and proof of
156insurance or self-insuring status adequate to defend and cover
157claims.
158     2.  Notwithstanding the provisions of subparagraph 1., a
159municipality or county may, as provided by 47 U.S.C. s. 541,
160award one or more franchises within its jurisdiction for the
161provision of cable service, and a provider of cable service
162shall not provide cable service without such franchise. Each
163municipality and county retains authority to negotiate all terms
164and conditions of a cable service franchise allowed by federal
165law and s. 166.046, except those terms and conditions related to
166franchise fees and the definition of gross revenues or other
167definitions or methodologies related to the payment or
168assessment of franchise fees and permit fees as provided in
169paragraph (c) on providers of cable services. A municipality or
170county may exercise its right to require from providers of cable
171service in-kind requirements, including, but not limited to,
172institutional networks, and contributions for, or in support of,
173the use or construction of public, educational, or governmental
174access facilities to the extent permitted by federal law. A
175provider of cable service may exercise its right to recover any
176such expenses associated with such in-kind requirements, to the
177extent permitted by federal law.
178     (e)  The authority of municipalities and counties to
179require franchise fees from providers of communications
180services, with respect to the provision of communications
181services, is specifically preempted by the state, except as
182otherwise provided in subparagraph (a)2., because of unique
183circumstances applicable to providers of communications services
184when compared to other utilities occupying municipal or county
185roads or rights-of-way. Providers of communications services may
186provide similar services in a manner that requires the placement
187of facilities in municipal or county roads or rights-of-way or
188in a manner that does not require the placement of facilities in
189such roads or rights-of-way. Although similar communications
190services may be provided by different means, the state desires
191to treat providers of communications services in a
192nondiscriminatory manner and to have the taxes, franchise fees,
193and other fees paid by providers of communications services be
194competitively neutral. Municipalities and counties retain all
195existing authority, if any, to collect franchise fees from users
196or occupants of municipal or county roads or rights-of-way other
197than providers of communications services, and the provisions of
198this subsection shall have no effect upon this authority. The
199provisions of this subsection do not restrict the authority, if
200any, of municipalities or counties or other governmental
201entities to receive reasonable rental fees based on fair market
202value for the use of public lands and buildings on property
203outside the public roads or rights-of-way for the placement of
204communications antennas and towers.
205     (f)  Except as expressly allowed or authorized by general
206law and except for the rights-of-way permit fees subject to
207paragraph (c), a municipality or county may not levy on a
208provider of communications services a tax, fee, or other charge
209or imposition for operating as a provider of communications
210services within the jurisdiction of the municipality or county
211which is in any way related to using its roads or rights-of-way.
212A municipality or county may not require or solicit in-kind
213compensation, except as otherwise provided in s. 202.24(2)(c)8.
214or s. 610.109 subparagraph (a)2. Nothing in this paragraph shall
215impair any ordinance or agreement in effect on May 22, 1998, or
216any voluntary agreement entered into subsequent to that date,
217which provides for or allows in-kind compensation by a
218telecommunications company.
219     Section 4.  Section 337.4061, Florida Statutes, is amended
220to read:
221     337.4061  Definitions; unlawful use of state-maintained
222road right-of-way by nonfranchised cable television services.--
223     (1)  As used in this section, the term:
224     (a)  "Cable service" means:
225     1.  The one-way transmission to subscribers of video
226programming or any other programming service; and
227     2.  Subscriber interaction, if any, which is required for
228the selection of such video programming or other programming
229service.
230     (b)  "Cable system" means a facility, consisting of a set
231of closed transmission paths and associated signal generation,
232reception, and control equipment that is designed to provide
233cable service which includes video programming and which is
234provided to multiple subscribers within a community, but such
235term does not include:
236     1.  A facility that serves only to retransmit the
237television signals of one or more television broadcast stations;
238     2.  A facility that serves only subscribers in one or more
239multiple-unit dwellings under common ownership, control, or
240management, unless such facility or facilities use any public
241right-of-way;
242     3.  A facility that serves subscribers without using any
243public right-of-way;
244     4.3.  A facility of a common carrier that is subject, in
245whole or in part, to the provisions of 47 U.S.C. s. 201 et seq.,
246except the specific bandwidths or wavelengths used by that such
247facility shall be considered a cable system only to the extent
248such bandwidths or wavelengths are facility is used in the
249transmission of video programming directly to subscribers,
250unless the extent of such use is solely to provide interactive
251on-demand services, in which case the use of such bandwidths or
252wavelengths is not a cable system; or
253     5.4.  Any facilities of any electric utility used solely
254for operating its electric utility systems.
255     (c)  "Franchise" means an initial authorization or renewal
256thereof issued by a franchising authority, whether such
257authorization is designated as a franchise, permit, license,
258resolution, contract, certificate, agreement, or otherwise,
259which authorizes the construction or operation of a cable
260system.
261     (d)  "Franchising authority" means any governmental entity
262empowered by federal, state, or local law to grant a franchise.
263     (e)  "Person" means an individual, partnership,
264association, joint stock company, trust, corporation, or
265governmental entity.
266     (f)  "Video programming" means programming provided by or
267generally considered comparable to programming provided by a
268television broadcast station or cable system.
269     (2)  It is unlawful to use the right-of-way of any state-
270maintained road, including appendages thereto, and also
271including, but not limited to, rest areas, wayside parks, boat-
272launching ramps, weigh stations, and scenic easements, to
273provide for cable service over a cable system purposes within a
274geographic area subject to a valid existing franchise for cable
275service, unless the cable system using such right-of-way holds a
276franchise from a franchise authority the municipality or county
277for the area in which the right-of-way is located.
278     (3)  A violation of this section shall be deemed a
279violation of s. 337.406.
280     Section 5.  Sections 610.102, 610.103, 610.104, 610.105,
281610.106, 610.107, 610.108, 610.109, 610.110, 610.112, 610.113,
282610.114, 610.115, and 610.116, Florida Statutes, are created to
283read:
284     610.102  Department of State authority to issue statewide
285cable franchise.--The department shall be designated as the
286franchising authority, pursuant to 47 U.S.C. s. 522(10), for a
287state-issued franchise for the provision of cable service. A
288municipality or county may not grant a new franchise for the
289provision of cable service within its jurisdiction.
290     610.103  Definitions.--As used in ss. 610.102-610.115:
291     (1)  "Cable service" means:
292     (a)  The one-way transmission to subscribers of video
293programming or any other programming service.
294     (b)  Subscriber interaction, if any, that is required for
295the selection of such video programming or other programming
296service.
297     (2)  "Cable system" means a facility consisting of a set of
298closed transmission paths and associated signal generation,
299reception, and control equipment that is designed to provide
300cable service that includes video programming and that is
301provided to multiple subscribers within a community, but such
302term does not include:
303     (a)  A facility that serves only to retransmit the
304television signals of one or more television broadcast stations;
305     (b)  A facility that serves only subscribers in one or more
306multiple-unit dwellings under common ownership, control, or
307management, unless such facility or facilities use any public
308right-of-way;
309     (c)  A facility that serves subscribers without using any
310public right-of-way;
311     (d)  A facility of a common carrier that is subject, in
312whole or in part, to the provisions of 47 U.S.C. s. 201 et seq.,
313except the specific bandwidths or wavelengths over such facility
314shall be considered a cable system only to the extent such
315bandwidths or wavelengths are used in the transmission of video
316programming directly to subscribers, unless the extent of such
317use is solely to provide interactive on-demand services, in
318which case it is not a cable system; or
319     (e)  Any facilities of any electric utility used solely for
320operating its electric utility systems.
321     (3)  "Cable service provider" means a person that provides
322cable service over a cable system.
323     (4)  "Certificateholder" means a cable service provider
324that has been issued and holds a certificate of franchise
325authority from the department.
326     (5)  "Department" means the Department of State.
327     (6)  "Franchise" means an initial authorization or renewal
328of an authorization, regardless of whether the authorization is
329designated as a franchise, permit, license, resolution,
330contract, certificate, agreement, or otherwise, to construct and
331operate a cable system in the public right-of-way.
332     (7)  "Franchise authority" means any governmental entity
333empowered by federal, state, or local law to grant a franchise.
334     (8)  "Incumbent cable service provider" means the cable
335service provider serving the largest number of cable subscribers
336in a particular municipal or county franchise area on July 1,
3372006.
338     (9)  "Public right-of-way" means the area on, below, or
339above a public roadway, highway, street, sidewalk, alley, or
340waterway, including, without limitation, a municipal, county,
341state, district, or other public roadway, highway, street,
342sidewalk, alley, or waterway.
343     (10)  "Video programming" means programming provided by, or
344generally considered comparable to programming provided by, a
345television broadcast station as set forth in 47 U.S.C. s.
346522(20).
347     610.104  State authorization to provide cable service.--
348     (1)  An entity or person seeking to provide cable service
349over a cable system in this state after July 1, 2006, shall file
350an application for a state-issued certificate of franchise
351authority with the department as required by this section. An
352entity providing cable service under an unexpired franchise
353agreement with a municipality or county as of July 1, 2006, is
354not subject to this subsection with respect to such municipality
355or county until the franchise agreement expires, except as
356provided by subsection (2) and s. 610.105(4). An entity
357providing cable service may seek authorization from the
358department to provide service in areas where the entity
359currently does not have an existing franchise agreement as of
360July 1, 2006.
361     (2)  Beginning 90 days after July 1, 2006, a cable service
362provider that is not an incumbent cable service provider and
363provides cable service to less than 40 percent of the total
364cable service subscribers in a particular franchise area may
365elect to terminate an existing municipal or county franchise and
366seek a state-issued certificate of franchise authority by
367providing written notice to the Secretary of State and the
368affected municipality or county not later than 180 days after
369July 1, 2006. The municipal or county franchise is terminated on
370the date the department issues the state-issued certificate of
371franchise authority.
372     (3)  Before the 10th business day after an applicant
373submits the affidavit, the department shall notify the applicant
374for a state-issued certificate of franchise authority whether
375the applicant's affidavit described by subsection (4) is
376complete. If the department denies the application, the
377department must specify with particularity the reasons for the
378denial and permit the applicant to amend the application to cure
379any deficiency. The department shall act upon such amended
380application within 5 business days.
381     (4)  The department shall issue a certificate of franchise
382authority to offer cable service before the 15th business day
383after receipt of a completed affidavit submitted by an applicant
384and signed by an officer or general partner of the applicant
385affirming:
386     (a)  That the applicant has filed or will timely file with
387the Federal Communications Commission all forms required by that
388agency in advance of offering cable service in this state.
389     (b)  That the applicant agrees to comply with all
390applicable federal and state laws and regulations, to the extent
391that such state laws and rules are not in conflict with or
392superseded by the provisions of this chapter or other applicable
393state law.
394     (c)  That the applicant agrees to comply with all lawful
395state laws and rules and municipal and county ordinances and
396regulations regarding the placement and maintenance of
397communications facilities in the public right-of-way that are
398generally applicable to providers of communications services in
399accordance with s. 337.401.
400     (d)  A description of the service area for which the
401applicant seeks certificate of franchise authority, which need
402not be coextensive with municipal, county, or other political
403boundaries.
404     (e)  The location of the applicant's principal place of
405business and the names of the applicant's principal executive
406officers.
407     (5)  If the department fails to act on the application
408within 15 business days after receiving the application, the
409application shall been deemed granted by the department without
410further action.
411     (6)  The certificate of franchise authority issued by the
412department shall contain:
413     (a)  A grant of authority to provide cable service over a
414cable system as requested in the application.
415     (b)  A grant of authority to construct, maintain, and
416operate facilities through, upon, over, and under any public
417right-of-way or waters.
418     (c)  A statement that the grant of authority is subject to
419lawful operation of the cable system to provide cable service by
420the applicant or its successor in interest.
421     (7)  A certificateholder that seeks to include additional
422service areas in its current certificate shall file notice with
423the department that reflects the new service area or areas to be
424served.
425     (8)  The certificate of franchise authority issued by the
426department is fully transferable to any successor in interest to
427the applicant to which the certificate is initially granted. A
428notice of transfer shall be filed with the department and the
429relevant municipality or county within 14 business days
430following the completion of such transfer.
431     (9)  The certificate of franchise authority issued by the
432department may be terminated by the cable service provider by
433submitting notice to the department.
434     (10)  An applicant may challenge a denial of an application
435by the department in a court of competent jurisdiction through a
436petition for mandamus.
437     610.105  Eligibility for state-issued franchise.--
438     (1)  Except as provided in s. 610.104(1) and (2) and
439subsection (4), a cable service provider that has an existing,
440unexpired franchise to provide cable service with respect to a
441municipality or county as of July 1, 2006, is not eligible to
442seek a state-issued certificate of franchise authority under
443this chapter as to that municipality or county until the
444expiration date of the existing franchise agreement.
445     (2)  For purposes of this section, a cable service provider
446will be deemed to have or have had a franchise to provide cable
447service in a specific municipality or county if any affiliate or
448successor entity of the cable service provider has or had a
449franchise agreement granted by that specific municipality or
450county.
451     (3)  The term "affiliate or successor entity" in this
452section refers to an entity receiving, obtaining, or operating
453under a franchise that directly or indirectly owns or controls,
454is owned or controlled by, or is under common ownership or
455control with the cable service provider.
456     (4)  Notwithstanding subsection (1), a cable service
457provider may elect to terminate an existing municipal or county
458franchise and seek a state-issued certificate of franchise
459authority with respect to such municipality or county if another
460cable service provider is granted a state-issued certificate of
461franchise authority for a service area that encompasses at least
46250 percent of the total households within the service area
463covered by the existing municipal or county franchise. The cable
464service provider may terminate its existing franchise under this
465subsection by providing written notice to the Secretary of State
466and the affected municipality or county within 180 days
467following the issuance of the state-issued certificate of
468franchise authority to the nonincumbent cable service provider.
469The municipal or county franchise is terminated on the date the
470department issues the state-issued certificate of franchise
471authority with respect to such municipality or county to the
472cable service provider.
473     610.106  Franchise fee prohibited.--The department may not
474impose any taxes, fees, charges, or other impositions on a cable
475service provider as a condition for the issuance of a state-
476issued certificate of franchise authority. No municipality or
477county may impose any taxes, fees, charges, or other exactions
478on certificateholders in connection with use of public right-of-
479way as a condition of a certificateholder doing business in the
480municipality or county, or otherwise, except such taxes, fees,
481charges, or other exactions permitted by chapter 202 and s.
482337.401(6).
483     610.107  Buildout.--No franchising authority, state agency,
484or political subdivision may impose any buildout requirements on
485a certificateholder.
486     610.108  Customer service standards.--An incumbent cable
487service provider shall comply with customer service requirements
488reasonably comparable to the standards in 47 C.F.R. s. 76.309(c)
489until there are two or more providers offering service,
490excluding direct-to-home satellite service, in the relevant
491service area. The Department of Agriculture and Consumer
492Services shall receive service quality complaints from customers
493of a certificateholder.
494     610.109  Public, educational, and governmental access
495channels.--
496     (1)  A certificateholder, not later than 180 days following
497a request by a municipality or county within whose jurisdiction
498the certificateholder is providing cable service, shall
499designate a sufficient amount of capacity on its network to
500allow the provision of public, educational, and governmental
501access channels for noncommercial programming as set forth in
502this section.
503     (2)  A certificateholder shall designate a sufficient
504amount of capacity on its network to allow the provision of a
505comparable number of public, educational, and governmental
506access channels or capacity equivalent that a municipality or
507county has activated under the incumbent cable service
508provider's franchise agreement as of July 1, 2006. For the
509purposes of this section, a public, educational, or governmental
510channel is deemed activated if the channel is being used for
511public, educational, or governmental programming within the
512municipality for at least 10 hours per day.
513     (3)  If a municipality or county did not have public,
514educational, or governmental access channels activated under the
515incumbent cable service provider's franchise agreement as of
516July 1, 2006, not later than 180 days following a request by the
517municipality or county within whose jurisdiction a
518certificateholder is providing cable service, the cable service
519provider shall furnish:
520     (a)  Up to three public, educational, or governmental
521channels or capacity equivalent for a municipality or county
522with a population of at least 50,000.
523     (b)  Up to two public, educational, or governmental
524channels or capacity equivalent for a municipality or county
525with a population of less than 50,000.
526     (4)  Any public, educational, or governmental channel
527provided pursuant to this section that is not used by the
528municipality or county for at least 10 hours a day shall no
529longer be made available to the municipality or county but may
530be programmed at the cable service provider's discretion. At
531such time as the municipality or county can certify to the cable
532service provider a schedule for at least 10 hours of daily
533programming, the cable service provider shall restore the
534previously lost channel but shall be under no obligation to
535carry that channel on a basic or analog tier.
536     (5)  If a municipality or county has not used the number of
537access channels or capacity equivalent permitted by subsection
538(3), access to the additional channels or capacity equivalent
539allowed in subsection (3) shall be provided upon 180 days'
540written notice if the municipality or county meets the following
541standard: if a municipality or county has one active public,
542educational, or governmental channel and wishes to activate an
543additional public, educational, or governmental channel, the
544initial channel shall be considered to be substantially used
545when 12 hours are programmed on that channel each calendar day.
546In addition, at least 40 percent of the 12 hours of programming
547for each business day on average over each calendar quarter must
548be nonrepeat programming. Nonrepeat programming shall include
549the first three videocastings of a program. If a municipality or
550county is entitled to three public, educational, or governmental
551channels under subsection (3) and has in service two active
552public, educational, or governmental channels, each of the two
553active channels shall be considered to be substantially used
554when 12 hours are programmed on each channel each calendar day
555and at least 50 percent of the 12 hours of programming for each
556business day on average over each calendar quarter is nonrepeat
557programming for three consecutive calendar quarters.
558     (6)  The operation of any public, educational, or
559governmental access channel or capacity equivalent provided
560under this section shall be the responsibility of the
561municipality or county receiving the benefit of such channel or
562capacity equivalent, and a certificateholder bears only the
563responsibility for the transmission of such channel content. A
564certificateholder shall be responsible for providing the
565connectivity to each public, educational, or governmental access
566channel distribution point up to the first 200 feet.
567     (7)  The municipality or county shall ensure that all
568transmissions, content, or programming to be transmitted over a
569channel or facility by a certificateholder are provided or
570submitted to the cable service provider in a manner or form that
571is capable of being accepted and transmitted by a provider
572without any requirement for additional alteration or change in
573the content by the provider, over the particular network of the
574cable service provider, which is compatible with the technology
575or protocol utilized by the cable service provider to deliver
576services. The provision of public, educational, or governmental
577content to the provider constitutes authorization for the
578provider to carry such content, including, at the provider's
579option, authorization to carry the content beyond the
580jurisdictional boundaries of the municipality or county.
581     (8)  Where technically feasible, a certificateholder and an
582incumbent cable service provider shall use reasonable efforts to
583interconnect their cable systems for the purpose of providing
584public, educational, and governmental programming.
585Interconnection may be accomplished by direct cable, microwave
586link, satellite, or other reasonable method of connection.
587Certificateholders and incumbent cable service providers shall
588negotiate in good faith and incumbent cable service providers
589may not withhold interconnection of public, educational, and
590governmental channels.
591     (9)  A certificateholder is not required to interconnect
592for, or otherwise to transmit, public, educational, and
593governmental content that is branded with the logo, name, or
594other identifying marks of another cable service provider, and a
595municipality or county may require a cable service provider to
596remove its logo, name, or other identifying marks from public,
597educational, and governmental content that is to be made
598available to another provider.
599     (10)  A court of competent jurisdiction shall have
600exclusive jurisdiction to enforce any requirement under this
601section.
602     610.110  Nondiscrimination by municipality or county.--
603     (1)  A municipality or county shall allow a
604certificateholder to install, construct, and maintain a network
605within a public right-of-way and shall provide a
606certificateholder with open, comparable, nondiscriminatory, and
607competitively neutral access to the public right-of-way in
608accordance with the provisions of s. 337.401. All use of a
609public right-of-way by a certificateholder is nonexclusive.
610     (2)  A municipality or county may not discriminate against
611a certificateholder regarding:
612     (a)  The authorization or placement of a network in a
613public right-of-way;
614     (b)  Access to a building or other property; or
615     (c)  Utility pole attachment terms.
616     610.112  Limitation on local authority.--
617     (1)  A municipality or county may not impose additional
618requirements on a certificateholder, including, but not limited
619to, financial, operational, and administrative requirements,
620except as expressly permitted by this chapter. A municipality or
621county may not impose on activities of a certificateholder a
622requirement:
623     (a)  That particular business offices be located in the
624municipality or county;
625     (b)  Regarding the filing of reports and documents with the
626municipality or county that are not required by state or federal
627law and that are not related to the use of the public right-of-
628way. Reports and documents other than schematics indicating the
629location of facilities for a specific site that are provided in
630the normal course of the municipality's or county's permitting
631process, that are authorized by s. 337.401 for communications
632services providers, or that are otherwise required in the normal
633course of such permitting process shall not be considered
634related to the use of the public right-of-way for communications
635services providers. A municipality or county may not request
636information concerning the capacity or technical configuration
637of a certificateholder's facilities;
638     (c)  For the inspection of a certificateholder's business
639records; or
640     (d)  For the approval of transfers of ownership or control
641of a certificateholder's business, except a municipality or
642county may require a certificateholder to provide notice of a
643transfer within a reasonable time.
644     (2)  Notwithstanding any other provision of law, a
645municipality or county may require the issuance of a permit in
646accordance with and subject to s. 337.401 to a certificateholder
647that is placing and maintaining facilities in or on a public
648right-of-way in the municipality or county. In accordance with
649s. 337.402, the permit may require the permitholder to be
650responsible, at the permitholder's expense, for any damage
651resulting from the issuance of such permit and for restoring the
652public right-of-way to a substantially similar condition to that
653of the public right-of-way before installation of such
654facilities. The terms of the permit shall be consistent with
655construction permits issued to other providers of communications
656services placing or maintaining communications facilities in a
657public right-of-way.
658     610.113  Discrimination prohibited.--
659     (1)  The purpose of this section is to prevent
660discrimination among potential residential subscribers.
661     (2)  Pursuant to 47 U.S.C. s. 541(a)(3), a
662certificateholder may not deny access to service to any group of
663potential residential subscribers because of the income of the
664residents in the local area in which such group resides.
665     (3)  An affected person may seek enforcement of the
666requirements provided by subsection (2) by initiating a
667proceeding with the Department of Agriculture and Consumer
668Services pursuant to s. 570.544.
669     (4)  For purposes of determining whether a
670certificateholder has violated subsection (2), cost, density,
671distance, and technological or commercial limitations shall be
672taken into account, and the certificateholder shall have a
673reasonable time to deploy service pursuant to 47 U.S.C. s.
674541(a)(4)(A). Use of an alternative technology that provides
675comparable content, service, and functionality may not be
676considered a violation of subsection (2). The inability to serve
677an end user because a certificateholder is prohibited from
678placing its own facilities in a building or property is not a
679violation of subsection (2). This section may not be construed
680to authorize any buildout requirements on a certificateholder.
681     610.114  Compliance.--If a certificateholder is found by a
682court of competent jurisdiction to not comply with the
683requirements of this chapter, the certificateholder shall have a
684reasonable period of time, as specified by the court, to cure
685such noncompliance.
686     610.115  Applicability of other laws.--Nothing in this
687chapter impairs the right of a provider of video programming
688that is not a cable service provider to provide video
689programming and use public right-of-way under chapter 337
690without a state-issued certificate of franchise authority.
691     610.116  Severability.--If any provision of ss. 610.102-
692610.102-610.115 or the application thereof to any person or
693circumstance is held invalid, such invalidity shall not affect
694other provisions or application of ss. 610.102-610.115 that can
695be given effect without the invalid provision or application,
696and to this end the provisions of ss. 610.102-610.115 are
697severable.
698     Section 6.  Section 166.046, Florida Statutes, is repealed.
699     Section 7.  Paragraph (a) of subsection (3) of section
700350.81, Florida Statutes, is amended to read:
701     350.81  Communications services offered by governmental
702entities.--
703     (3)(a)  A governmental entity that provides a cable service
704shall comply with the Cable Communications Policy Act of 1984,
70547 U.S.C. ss. 521 et seq., the regulations issued by the Federal
706Communications Commission under the Cable Communications Policy
707Act of 1984, 47 U.S.C. ss. 521 et seq., and all applicable state
708and federal rules and regulations, including, but not limited
709to, s. 166.046 and those provisions of chapters 202, 212, and
710337, and 610 which apply to a provider of the services.
711     Section 8.  Section 364.0361, Florida Statutes, is amended
712to read:
713     364.0361  Local government authority; nondiscriminatory
714exercise.--A local government shall treat each
715telecommunications company in a nondiscriminatory manner when
716exercising its authority to grant franchises to a
717telecommunications company or to otherwise establish conditions
718or compensation for the use of rights-of-way or other public
719property by a telecommunications company. A local government may
720not directly or indirectly regulate the terms and conditions,
721including, but not limited to, the operating systems,
722qualifications, services, service quality, service territory,
723and prices, applicable to or in connection with the provision of
724any voice-over-Internet protocol, regardless of the platform,
725provider, or protocol, broadband or information service. This
726section does not relieve a provider from any obligations under
727s. 166.046 or s. 337.401.
728     Section 9.  This act shall take effect July 1, 2006.


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