HB 1199

CS

CHAMBER ACTION

1	The Utilities & Telecommunications Committee recommends the
2	following:
3
4	Council/Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to statewide cable television franchises;
8	providing a short title; amending s. 202.24, F.S.;
9	prohibiting counties and municipalities from negotiating
10	terms and conditions relating to cable services; deleting
11	authorization to negotiate; revising application to
12	existing ordinances or franchise agreements; amending s.
13	337.401, F.S.; deleting authorization for counties and
14	municipalities to award cable service franchises and a
15	restriction that cable service companies not operate
16	without such a franchise; amending s. 337.4061, F.S.;
17	revising definitions; creating ss. 610.102, 610.103,
18	610.104, 610.105, 610.106, 610.107, 610.108, 610.109,
19	610.110, 610.112, 610.113, 610.114, 610.115, 610.116, and
20	610.117, F.S.; designating the Department of State as the
21	authorizing authority; providing definitions; requiring
22	state authorization to provide cable services; providing
23	duties and responsibilities of the Department of State;
24	providing application procedures and requirements;
25	providing for issuing certificates of franchise authority;
26	providing eligibility requirements and criteria for a
27	certificate; authorizing the department to adopt rules;
28	providing for an application form and fee; prohibiting the
29	department from imposing taxes, fees, or charges on a
30	cable service provider to issue a certificate; prohibiting
31	imposing buildout requirements on a certificateholder;
32	imposing certain customer service requirements on cable
33	service providers; requiring the Department of Agriculture
34	and Consumer Services to receive customer service
35	complaints; requiring provision of public, educational,
36	and governmental access channels or capacity equivalent;
37	providing criteria, requirements, and procedures;
38	providing exceptions; providing responsibilities of
39	municipalities and counties relating to such channels;
40	providing for enforcement; providing requirements for and
41	limitations on counties and municipalities relating to
42	access to public right-of-way; prohibiting counties and
43	municipalities from imposing additional requirements on
44	certificateholders; authorizing counties and
45	municipalities to require permits of certificateholders
46	relating to public right-of-way; providing permit criteria
47	and requirements; prohibiting discrimination between cable
48	service subscribers; providing for enforcement; providing
49	for determinations of violations; providing for
50	enforcement of compliance by certificateholders; providing
51	for applicability of other laws; requiring the Office of
52	Program Policy Analysis and Government Accountability to
53	report to the Legislature on the status of competition in
54	the cable service industry; providing report requirements;
55	providing severability; repealing s. 166.046, F.S.,
56	relating to definitions and minimum standards for cable
57	television franchises imposed upon counties and
58	municipalities; amending ss. 350.81 and 364.0361, F.S.;
59	removing cross-references to conform; providing an
60	effective date.
61
62	Be It Enacted by the Legislature of the State of Florida:
63
64	Section 1.  This act may be cited as the "Consumer Choice
65	Act of 2006."
66	Section 2.  Paragraphs (a) and (c) of subsection (2) of
67	section 202.24, Florida Statutes, are amended to read:
68	202.24  Limitations on local taxes and fees imposed on
69	dealers of communications services.--
70	(2)(a)  Except as provided in paragraph (c), each public
71	body is prohibited from:
72	1.  Levying on or collecting from dealers or purchasers of
73	communications services any tax, charge, fee, or other
74	imposition on or with respect to the provision or purchase of
75	communications services.
76	2.  Requiring any dealer of communications services to
77	enter into or extend the term of a franchise or other agreement
78	that requires the payment of a tax, charge, fee, or other
79	imposition.
80	3.  Adopting or enforcing any provision of any ordinance or
81	agreement to the extent that such provision obligates a dealer
82	of communications services to charge, collect, or pay to the
83	public body a tax, charge, fee, or other imposition.
84
85	Municipalities and counties may not negotiate Each municipality
86	and county retains authority to negotiate all terms and
87	conditions of a cable service franchise allowed by federal and
88	state law except those terms and conditions related to franchise
89	fees or and the definition of gross revenues or other
90	definitions or methodologies related to the payment or
91	assessment of franchise fees on providers of cable services.
92	(c)  This subsection does not apply to:
93	1.  Local communications services taxes levied under this
94	chapter.
95	2.  Ad valorem taxes levied pursuant to chapter 200.
96	3.  Occupational license taxes levied under chapter 205.
97	4.  "911" service charges levied under chapter 365.
98	5.  Amounts charged for the rental or other use of property
99	owned by a public body which is not in the public rights-of-way
100	to a dealer of communications services for any purpose,
101	including, but not limited to, the placement or attachment of
102	equipment used in the provision of communications services.
103	6.  Permit fees of general applicability which are not
104	related to placing or maintaining facilities in or on public
105	roads or rights-of-way.
106	7.  Permit fees related to placing or maintaining
107	facilities in or on public roads or rights-of-way pursuant to s.
108	337.401.
109	8.  Any in-kind requirements, institutional networks, or
110	contributions for, or in support of, the use or construction of
111	public, educational, or governmental access facilities allowed
112	under federal law and imposed on providers of cable service
113	pursuant to any existing ordinance or an existing franchise
114	agreement granted by each municipality or county, under which
115	ordinance or franchise agreement service is provided prior to
116	July 1, 2006. Nothing in this subparagraph shall prohibit the
117	ability of providers of cable service to recover such expenses
118	as allowed under federal law.
119	9.  Special assessments and impact fees.
120	10.  Pole attachment fees that are charged by a local
121	government for attachments to utility poles owned by the local
122	government.
123	11.  Utility service fees or other similar user fees for
124	utility services.
125	12.  Any other generally applicable tax, fee, charge, or
126	imposition authorized by general law on July 1, 2000, which is
127	not specifically prohibited by this subsection or included as a
128	replaced revenue source in s. 202.20.
129	Section 3.  Paragraphs (a), (e), and (f) of subsection (3)
130	of section 337.401, Florida Statutes, are amended to read:
131	337.401  Use of right-of-way for utilities subject to
132	regulation; permit; fees.--
133	(3)(a)1.  Because of the unique circumstances applicable to
134	providers of communications services, including, but not limited
135	to, the circumstances described in paragraph (e) and the fact
136	that federal and state law require the nondiscriminatory
137	treatment of providers of telecommunications services, and
138	because of the desire to promote competition among providers of
139	communications services, it is the intent of the Legislature
140	that municipalities and counties treat providers of
141	communications services in a nondiscriminatory and competitively
142	neutral manner when imposing rules or regulations governing the
143	placement or maintenance of communications facilities in the
144	public roads or rights-of-way. Rules or regulations imposed by a
145	municipality or county relating to providers of communications
146	services placing or maintaining communications facilities in its
147	roads or rights-of-way must be generally applicable to all
148	providers of communications services and, notwithstanding any
149	other law, may not require a provider of communications
150	services, except as otherwise provided in subparagraph 2., to
151	apply for or enter into an individual license, franchise, or
152	other agreement with the municipality or county as a condition
153	of placing or maintaining communications facilities in its roads
154	or rights-of-way. In addition to other reasonable rules or
155	regulations that a municipality or county may adopt relating to
156	the placement or maintenance of communications facilities in its
157	roads or rights-of-way under this subsection, a municipality or
158	county may require a provider of communications services that
159	places or seeks to place facilities in its roads or rights-of-
160	way to register with the municipality or county and to provide
161	the name of the registrant; the name, address, and telephone
162	number of a contact person for the registrant; the number of the
163	registrant's current certificate of authorization issued by the
164	Florida Public Service Commission, or the Federal Communications
165	Commission, or the Florida Department of State; and proof of
166	insurance or self-insuring status adequate to defend and cover
167	claims.
168	2.  Notwithstanding the provisions of subparagraph 1., a
169	municipality or county may, as provided by 47 U.S.C. s. 541,
170	award one or more franchises within its jurisdiction for the
171	provision of cable service, and a provider of cable service
172	shall not provide cable service without such franchise. Each
173	municipality and county retains authority to negotiate all terms
174	and conditions of a cable service franchise allowed by federal
175	law and s. 166.046, except those terms and conditions related to
176	franchise fees and the definition of gross revenues or other
177	definitions or methodologies related to the payment or
178	assessment of franchise fees and permit fees as provided in
179	paragraph (c) on providers of cable services. A municipality or
180	county may exercise its right to require from providers of cable
181	service in-kind requirements, including, but not limited to,
182	institutional networks, and contributions for, or in support of,
183	the use or construction of public, educational, or governmental
184	access facilities to the extent permitted by federal law. A
185	provider of cable service may exercise its right to recover any
186	such expenses associated with such in-kind requirements, to the
187	extent permitted by federal law.
188	(e)  The authority of municipalities and counties to
189	require franchise fees from providers of communications
190	services, with respect to the provision of communications
191	services, is specifically preempted by the state, except as
192	otherwise provided in subparagraph (a)2., because of unique
193	circumstances applicable to providers of communications services
194	when compared to other utilities occupying municipal or county
195	roads or rights-of-way. Providers of communications services may
196	provide similar services in a manner that requires the placement
197	of facilities in municipal or county roads or rights-of-way or
198	in a manner that does not require the placement of facilities in
199	such roads or rights-of-way. Although similar communications
200	services may be provided by different means, the state desires
201	to treat providers of communications services in a
202	nondiscriminatory manner and to have the taxes, franchise fees,
203	and other fees paid by providers of communications services be
204	competitively neutral. Municipalities and counties retain all
205	existing authority, if any, to collect franchise fees from users
206	or occupants of municipal or county roads or rights-of-way other
207	than providers of communications services, and the provisions of
208	this subsection shall have no effect upon this authority. The
209	provisions of this subsection do not restrict the authority, if
210	any, of municipalities or counties or other governmental
211	entities to receive reasonable rental fees based on fair market
212	value for the use of public lands and buildings on property
213	outside the public roads or rights-of-way for the placement of
214	communications antennas and towers.
215	(f)  Except as expressly allowed or authorized by general
216	law and except for the rights-of-way permit fees subject to
217	paragraph (c), a municipality or county may not levy on a
218	provider of communications services a tax, fee, or other charge
219	or imposition for operating as a provider of communications
220	services within the jurisdiction of the municipality or county
221	which is in any way related to using its roads or rights-of-way.
222	A municipality or county may not require or solicit in-kind
223	compensation, except as otherwise provided in s. 202.24(2)(c)8.
224	or s. 610.109 subparagraph (a)2. Nothing in this paragraph shall
225	impair any ordinance or agreement in effect on May 22, 1998, or
226	any voluntary agreement entered into subsequent to that date,
227	which provides for or allows in-kind compensation by a
228	telecommunications company.
229	Section 4.  Section 337.4061, Florida Statutes, is amended
230	to read:
231	337.4061  Definitions; unlawful use of state-maintained
232	road right-of-way by nonfranchised cable television services.--
233	(1)  As used in this section, the term:
234	(a)  "Cable service" means:
235	1.  The one-way transmission to subscribers of video
236	programming or any other programming service; and
237	2.  Subscriber interaction, if any, which is required for
238	the selection of such video programming or other programming
239	service.
240	(b)  "Cable system" means a facility, consisting of a set
241	of closed transmission paths and associated signal generation,
242	reception, and control equipment that is designed to provide
243	cable service which includes video programming and which is
244	provided to multiple subscribers within a community, but such
245	term does not include:
246	1.  A facility that serves only to retransmit the
247	television signals of one or more television broadcast stations;
248	2.  A facility that serves only subscribers in one or more
249	multiple-unit dwellings under common ownership, control, or
250	management, unless such facility or facilities use any public
251	right-of-way;
252	3.  A facility that serves subscribers without using any
253	public right-of-way;
254	4.3.  A facility of a common carrier that is subject, in
255	whole or in part, to the provisions of 47 U.S.C. s. 201 et seq.,
256	except the specific bandwidths or wavelengths used by that such
257	facility shall be considered a cable system only to the extent
258	such bandwidths or wavelengths are facility is used in the
259	transmission of video programming directly to subscribers,
260	unless the extent of such use is solely to provide interactive
261	on-demand services, in which case the use of such bandwidths or
262	wavelengths is not a cable system; or
263	5.4.  Any facilities of any electric utility used solely
264	for operating its electric utility systems.
265	(c)  "Franchise" means an initial authorization or renewal
266	thereof issued by a franchising authority, whether such
267	authorization is designated as a franchise, permit, license,
268	resolution, contract, certificate, agreement, or otherwise,
269	which authorizes the construction or operation of a cable
270	system.
271	(d)  "Franchising authority" means any governmental entity
272	empowered by federal, state, or local law to grant a franchise.
273	(e)  "Person" means an individual, partnership,
274	association, joint stock company, trust, corporation, or
275	governmental entity.
276	(f)  "Video programming" means programming provided by or
277	generally considered comparable to programming provided by a
278	television broadcast station or cable system.
279	(2)  It is unlawful to use the right-of-way of any state-
280	maintained road, including appendages thereto, and also
281	including, but not limited to, rest areas, wayside parks, boat-
282	launching ramps, weigh stations, and scenic easements, to
283	provide for cable service over a cable system purposes within a
284	geographic area subject to a valid existing franchise for cable
285	service, unless the cable system using such right-of-way holds a
286	franchise from a franchise authority the municipality or county
287	for the area in which the right-of-way is located.
288	(3)  A violation of this section shall be deemed a
289	violation of s. 337.406.
290	Section 5.  Sections 610.102, 610.103, 610.104, 610.105,
291	610.106, 610.107, 610.108, 610.109, 610.110, 610.112, 610.113,
292	610.114, 610.115, 610.116, and 610.117, Florida Statutes, are
293	created to read:
294	610.102  Department of State authority to issue statewide
295	cable franchise.--The department shall be designated as the
296	franchising authority, pursuant to 47 U.S.C. s. 522(10), for a
297	state-issued franchise for the provision of cable service. A
298	municipality or county may not grant a new franchise for the
299	provision of cable service within its jurisdiction.
300	610.103  Definitions.--As used in ss. 610.102-610.115:
301	(1)  "Cable service" means:
302	(a)  The one-way transmission to subscribers of video
303	programming or any other programming service.
304	(b)  Subscriber interaction, if any, that is required for
305	the selection of such video programming or other programming
306	service.
307	(2)  "Cable system" means a facility consisting of a set of
308	closed transmission paths and associated signal generation,
309	reception, and control equipment that is designed to provide
310	cable service that includes video programming and that is
311	provided to multiple subscribers within a community, but such
312	term does not include:
313	(a)  A facility that serves only to retransmit the
314	television signals of one or more television broadcast stations;
315	(b)  A facility that serves only subscribers in one or more
316	multiple-unit dwellings under common ownership, control, or
317	management, unless such facility or facilities use any public
318	right-of-way;
319	(c)  A facility that serves subscribers without using any
320	public right-of-way;
321	(d)  A facility of a common carrier that is subject, in
322	whole or in part, to the provisions of 47 U.S.C. s. 201 et seq.,
323	except the specific bandwidths or wavelengths over such facility
324	shall be considered a cable system only to the extent such
325	bandwidths or wavelengths are used in the transmission of video
326	programming directly to subscribers, unless the extent of such
327	use is solely to provide interactive on-demand services, in
328	which case it is not a cable system; or
329	(e)  Any facilities of any electric utility used solely for
330	operating its electric utility systems.
331	(3)  "Cable service provider" means a person that provides
332	cable service over a cable system.
333	(4)  "Certificateholder" means a cable service provider
334	that has been issued and holds a certificate of franchise
335	authority from the department.
336	(5)  "Department" means the Department of State.
337	(6)  "Franchise" means an initial authorization or renewal
338	of an authorization, regardless of whether the authorization is
339	designated as a franchise, permit, license, resolution,
340	contract, certificate, agreement, or otherwise, to construct and
341	operate a cable system in the public right-of-way.
342	(7)  "Franchise authority" means any governmental entity
343	empowered by federal, state, or local law to grant a franchise.
344	(8)  "Incumbent cable service provider" means the cable
345	service provider serving the largest number of cable subscribers
346	in a particular municipal or county franchise area on July 1,
347	2006.
348	(9)  "Public right-of-way" means the area on, below, or
349	above a public roadway, highway, street, sidewalk, alley, or
350	waterway, including, without limitation, a municipal, county,
351	state, district, or other public roadway, highway, street,
352	sidewalk, alley, or waterway.
353	(10)  "Video programming" means programming provided by, or
354	generally considered comparable to programming provided by, a
355	television broadcast station as set forth in 47 U.S.C. s.
356	522(20).
357	610.104  State authorization to provide cable service.--
358	(1)  An entity or person seeking to provide cable service
359	over a cable system in this state after July 1, 2006, shall file
360	an application for a state-issued certificate of franchise
361	authority with the department as required by this section. An
362	entity providing cable service under an unexpired franchise
363	agreement with a municipality or county as of July 1, 2006, is
364	not subject to this subsection with respect to such municipality
365	or county until the franchise agreement expires, except as
366	provided by subsection (2) and s. 610.105(4). An entity
367	providing cable service may seek authorization from the
368	department to provide service in areas where the entity
369	currently does not have an existing franchise agreement as of
370	July 1, 2006.
371	(2)  Beginning 90 days after July 1, 2006, a cable service
372	provider that is not an incumbent cable service provider and
373	provides cable service to less than 40 percent of the total
374	cable service subscribers in a particular franchise area may
375	elect to terminate an existing municipal or county franchise and
376	seek a state-issued certificate of franchise authority by
377	providing written notice to the Secretary of State and the
378	affected municipality or county not later than 180 days after
379	July 1, 2006. The municipal or county franchise is terminated on
380	the date the department issues the state-issued certificate of
381	franchise authority.
382	(3)  Before the 10th business day after an applicant
383	submits the affidavit, the department shall notify the applicant
384	for a state-issued certificate of franchise authority whether
385	the applicant's affidavit described by subsection (4) is
386	complete. If the department denies the application, the
387	department must specify with particularity the reasons for the
388	denial and permit the applicant to amend the application to cure
389	any deficiency. The department shall act upon such amended
390	application within 5 business days.
391	(4)  The department shall issue a certificate of franchise
392	authority to offer cable service before the 15th business day
393	after receipt of a completed affidavit submitted by an applicant
394	and signed by an officer or general partner of the applicant
395	affirming:
396	(a)  That the applicant has filed or will timely file with
397	the Federal Communications Commission all forms required by that
398	agency in advance of offering cable service in this state.
399	(b)  That the applicant agrees to comply with all
400	applicable federal and state laws and regulations, to the extent
401	that such state laws and rules are not in conflict with or
402	superseded by the provisions of this chapter or other applicable
403	state law.
404	(c)  That the applicant agrees to comply with all lawful
405	state laws and rules and municipal and county ordinances and
406	regulations regarding the placement and maintenance of
407	communications facilities in the public right-of-way that are
408	generally applicable to providers of communications services in
409	accordance with s. 337.401.
410	(d)  A description of the service area for which the
411	applicant seeks certificate of franchise authority, which need
412	not be coextensive with municipal, county, or other political
413	boundaries.
414	(e)  The location of the applicant's principal place of
415	business and the names of the applicant's principal executive
416	officers.
417	(5)  If the department fails to act on the application
418	within 15 business days after receiving the application, the
419	application shall been deemed granted by the department without
420	further action.
421	(6)  The certificate of franchise authority issued by the
422	department shall contain:
423	(a)  A grant of authority to provide cable service over a
424	cable system as requested in the application.
425	(b)  A grant of authority to construct, maintain, and
426	operate facilities through, upon, over, and under any public
427	right-of-way or waters.
428	(c)  A statement that the grant of authority is subject to
429	lawful operation of the cable system to provide cable service by
430	the applicant or its successor in interest.
431	(7)  A certificateholder that seeks to include additional
432	service areas in its current certificate shall file notice with
433	the department that reflects the new service area or areas to be
434	served.
435	(8)  The certificate of franchise authority issued by the
436	department is fully transferable to any successor in interest to
437	the applicant to which the certificate is initially granted. A
438	notice of transfer shall be filed with the department and the
439	relevant municipality or county within 14 business days
440	following the completion of such transfer.
441	(9)  The certificate of franchise authority issued by the
442	department may be terminated by the cable service provider by
443	submitting notice to the department.
444	(10)  An applicant may challenge a denial of an application
445	by the department in a court of competent jurisdiction through a
446	petition for mandamus.
447	(11)  The department shall adopt any procedural rules
448	pursuant to ss. 120.536(1) and 120.54 necessary to implement
449	this section.
450	(12)  The department may establish a standard application
451	form, in which case the application shall be on such form and
452	must be accompanied by a fee, not to exceed $150, to be
453	established by the department.
454	610.105  Eligibility for state-issued franchise.--
455	(1)  Except as provided in s. 610.104(1) and (2) and
456	subsection (4), a cable service provider that has an existing,
457	unexpired franchise to provide cable service with respect to a
458	municipality or county as of July 1, 2006, is not eligible to
459	seek a state-issued certificate of franchise authority under
460	this chapter as to that municipality or county until the
461	expiration date of the existing franchise agreement.
462	(2)  For purposes of this section, a cable service provider
463	will be deemed to have or have had a franchise to provide cable
464	service in a specific municipality or county if any affiliate or
465	successor entity of the cable service provider has or had a
466	franchise agreement granted by that specific municipality or
467	county.
468	(3)  The term "affiliate or successor entity" in this
469	section refers to an entity receiving, obtaining, or operating
470	under a franchise that directly or indirectly owns or controls,
471	is owned or controlled by, or is under common ownership or
472	control with the cable service provider.
473	(4)  Notwithstanding subsection (1), a cable service
474	provider may elect to terminate an existing municipal or county
475	franchise and seek a state-issued certificate of franchise
476	authority with respect to such municipality or county if another
477	cable service provider is granted a state-issued certificate of
478	franchise authority located in whole or in part within the
479	service area covered by the existing municipal or county
480	franchise. The cable service provider may terminate its existing
481	franchise under this subsection by providing written notice to
482	the Secretary of State and the affected municipality or county
483	within 180 days following the issuance of the state-issued
484	certificate of franchise authority to the nonincumbent cable
485	service provider. The municipal or county franchise is
486	terminated on the date the department issues the state-issued
487	certificate of franchise authority with respect to such
488	municipality or county to the cable service provider.
489	610.106  Franchise fee prohibited.--The department may not
490	impose any taxes, fees, charges, or other impositions on a cable
491	service provider as a condition for the issuance of a state-
492	issued certificate of franchise authority. No municipality or
493	county may impose any taxes, fees, charges, or other exactions
494	on certificateholders in connection with use of public right-of-
495	way as a condition of a certificateholder doing business in the
496	municipality or county, or otherwise, except such taxes, fees,
497	charges, or other exactions permitted by chapter 202 and s.
498	337.401(6).
499	610.107  Buildout.--No franchising authority, state agency,
500	or political subdivision may impose any buildout requirements on
501	a certificateholder.
502	610.108  Customer service standards.--
503	(1)  An incumbent cable service provider shall comply with
504	customer service requirements reasonably comparable to the
505	standards in 47 C.F.R. s. 76.309(c) until there are two or more
506	providers offering service, excluding direct-to-home satellite
507	service, in the relevant service area.
508	(2)  Beginning not later than July 1, 2009, for all
509	providers of cable service in municipalities and counties that,
510	as of January 1, 2006, have an office or department dedicated to
511	responding to cable service quality complaints, all such
512	complaints shall be handled by the Department of Agriculture and
513	Consumer Services. Until that time, cable service quality
514	complaints shall continue to be handled by the municipality or
515	county. This provision shall not be construed to permit the
516	municipality or county to impose customer service standards in
517	conflict with this section.
518	(3)  The Department of Agriculture and Consumer Services
519	shall receive service quality complaints from customers of a
520	certificateholder. The department shall address such complaints
521	in an expeditious manner by assisting in the resolution of such
522	complaint between the complainant and the certificateholder. The
523	department shall adopt any procedural rules pursuant to ss.
524	120.536(1) and 120.54 necessary to implement this section.
525	610.109  Public, educational, and governmental access
526	channels.--
527	(1)  A certificateholder, not later than 180 days following
528	a request by a municipality or county within whose jurisdiction
529	the certificateholder is providing cable service, shall
530	designate a sufficient amount of capacity on its network to
531	allow the provision of public, educational, and governmental
532	access channels for noncommercial programming as set forth in
533	this section.
534	(2)  A certificateholder shall designate a sufficient
535	amount of capacity on its network to allow the provision of a
536	comparable number of public, educational, and governmental
537	access channels or capacity equivalent that a municipality or
538	county has activated under the incumbent cable service
539	provider's franchise agreement as of July 1, 2006. For the
540	purposes of this section, a public, educational, or governmental
541	channel is deemed activated if the channel is being used for
542	public, educational, or governmental programming within the
543	municipality for at least 10 hours per day.
544	(3)  If a municipality or county did not have public,
545	educational, or governmental access channels activated under the
546	incumbent cable service provider's franchise agreement as of
547	July 1, 2006, not later than 180 days following a request by the
548	municipality or county within whose jurisdiction a
549	certificateholder is providing cable service, the cable service
550	provider shall furnish:
551	(a)  Up to three public, educational, or governmental
552	channels or capacity equivalent for a municipality or county
553	with a population of at least 50,000.
554	(b)  Up to two public, educational, or governmental
555	channels or capacity equivalent for a municipality or county
556	with a population of less than 50,000.
557	(4)  Any public, educational, or governmental channel
558	provided pursuant to this section that is not used by the
559	municipality or county for at least 10 hours a day shall no
560	longer be made available to the municipality or county but may
561	be programmed at the cable service provider's discretion. At
562	such time as the municipality or county can certify to the cable
563	service provider a schedule for at least 10 hours of daily
564	programming, the cable service provider shall restore the
565	previously lost channel but shall be under no obligation to
566	carry that channel on a basic or analog tier.
567	(5)  If a municipality or county has not used the number of
568	access channels or capacity equivalent permitted by subsection
569	(3), access to the additional channels or capacity equivalent
570	allowed in subsection (3) shall be provided upon 180 days'
571	written notice if the municipality or county meets the following
572	standard: if a municipality or county has one active public,
573	educational, or governmental channel and wishes to activate an
574	additional public, educational, or governmental channel, the
575	initial channel shall be considered to be substantially used
576	when 12 hours are programmed on that channel each calendar day.
577	In addition, at least 40 percent of the 12 hours of programming
578	for each business day on average over each calendar quarter must
579	be nonrepeat programming. Nonrepeat programming shall include
580	the first three videocastings of a program. If a municipality or
581	county is entitled to three public, educational, or governmental
582	channels under subsection (3) and has in service two active
583	public, educational, or governmental channels, each of the two
584	active channels shall be considered to be substantially used
585	when 12 hours are programmed on each channel each calendar day
586	and at least 50 percent of the 12 hours of programming for each
587	business day on average over each calendar quarter is nonrepeat
588	programming for three consecutive calendar quarters.
589	(6)  The operation of any public, educational, or
590	governmental access channel or capacity equivalent provided
591	under this section shall be the responsibility of the
592	municipality or county receiving the benefit of such channel or
593	capacity equivalent, and a certificateholder bears only the
594	responsibility for the transmission of such channel content. A
595	certificateholder shall be responsible for providing the
596	connectivity to each public, educational, or governmental access
597	channel distribution point up to the first 200 feet.
598	(7)  The municipality or county shall ensure that all
599	transmissions, content, or programming to be transmitted over a
600	channel or facility by a certificateholder are provided or
601	submitted to the cable service provider in a manner or form that
602	is capable of being accepted and transmitted by a provider
603	without any requirement for additional alteration or change in
604	the content by the provider, over the particular network of the
605	cable service provider, which is compatible with the technology
606	or protocol utilized by the cable service provider to deliver
607	services. The provision of public, educational, or governmental
608	content to the provider constitutes authorization for the
609	provider to carry such content, including, at the provider's
610	option, authorization to carry the content beyond the
611	jurisdictional boundaries of the municipality or county.
612	(8)  Where technically feasible, a certificateholder and an
613	incumbent cable service provider shall use reasonable efforts to
614	interconnect their cable systems for the purpose of providing
615	public, educational, and governmental programming.
616	Interconnection may be accomplished by direct cable, microwave
617	link, satellite, or other reasonable method of connection.
618	Certificateholders and incumbent cable service providers shall
619	negotiate in good faith and incumbent cable service providers
620	may not withhold interconnection of public, educational, and
621	governmental channels.
622	(9)  A certificateholder is not required to interconnect
623	for, or otherwise to transmit, public, educational, and
624	governmental content that is branded with the logo, name, or
625	other identifying marks of another cable service provider, and a
626	municipality or county may require a cable service provider to
627	remove its logo, name, or other identifying marks from public,
628	educational, and governmental content that is to be made
629	available to another provider.
630	(10)  A court of competent jurisdiction shall have
631	exclusive jurisdiction to enforce any requirement under this
632	section.
633	610.110  Nondiscrimination by municipality or county.--
634	(1)  A municipality or county shall allow a
635	certificateholder to install, construct, and maintain a network
636	within a public right-of-way and shall provide a
637	certificateholder with open, comparable, nondiscriminatory, and
638	competitively neutral access to the public right-of-way in
639	accordance with the provisions of s. 337.401. All use of a
640	public right-of-way by a certificateholder is nonexclusive.
641	(2)  A municipality or county may not discriminate against
642	a certificateholder regarding:
643	(a)  The authorization or placement of a network in a
644	public right-of-way;
645	(b)  Access to a building or other property; or
646	(c)  Utility pole attachment terms.
647	610.112  Limitation on local authority.--
648	(1)  A municipality or county may not impose additional
649	requirements on a certificateholder, including, but not limited
650	to, financial, operational, and administrative requirements,
651	except as expressly permitted by this chapter. A municipality or
652	county may not impose on activities of a certificateholder a
653	requirement:
654	(a)  That particular business offices be located in the
655	municipality or county;
656	(b)  Regarding the filing of reports and documents with the
657	municipality or county that are not required by state or federal
658	law and that are not related to the use of the public right-of-
659	way. Reports and documents other than schematics indicating the
660	location of facilities for a specific site that are provided in
661	the normal course of the municipality's or county's permitting
662	process, that are authorized by s. 337.401 for communications
663	services providers, or that are otherwise required in the normal
664	course of such permitting process shall not be considered
665	related to the use of the public right-of-way for communications
666	services providers. A municipality or county may not request
667	information concerning the capacity or technical configuration
668	of a certificateholder's facilities;
669	(c)  For the inspection of a certificateholder's business
670	records; or
671	(d)  For the approval of transfers of ownership or control
672	of a certificateholder's business, except a municipality or
673	county may require a certificateholder to provide notice of a
674	transfer within a reasonable time.
675	(2)  Notwithstanding any other provision of law, a
676	municipality or county may require the issuance of a permit in
677	accordance with and subject to s. 337.401 to a certificateholder
678	that is placing and maintaining facilities in or on a public
679	right-of-way in the municipality or county. In accordance with
680	s. 337.402, the permit may require the permitholder to be
681	responsible, at the permitholder's expense, for any damage
682	resulting from the issuance of such permit and for restoring the
683	public right-of-way to a substantially similar condition to that
684	of the public right-of-way before installation of such
685	facilities. The terms of the permit shall be consistent with
686	construction permits issued to other providers of communications
687	services placing or maintaining communications facilities in a
688	public right-of-way.
689	610.113  Discrimination prohibited.--
690	(1)  The purpose of this section is to prevent
691	discrimination among potential residential subscribers.
692	(2)  Pursuant to 47 U.S.C. s. 541(a)(3), a
693	certificateholder may not deny access to service to any group of
694	potential residential subscribers because of the income of the
695	residents in the local area in which such group resides.
696	(3)  An affected person may seek enforcement of the
697	requirements provided by subsection (2) by initiating a
698	proceeding with the Department of Agriculture and Consumer
699	Services pursuant to s. 570.544.
700	(4)  For purposes of determining whether a
701	certificateholder has violated subsection (2), cost, density,
702	distance, and technological or commercial limitations shall be
703	taken into account, and the certificateholder shall have a
704	reasonable time to deploy service pursuant to 47 U.S.C. s.
705	541(a)(4)(A). Use of an alternative technology that provides
706	comparable content, service, and functionality may not be
707	considered a violation of subsection (2). The inability to serve
708	an end user because a certificateholder is prohibited from
709	placing its own facilities in a building or property is not a
710	violation of subsection (2). This section may not be construed
711	to authorize any buildout requirements on a certificateholder.
712	(5)  The department shall adopt any procedural rules
713	pursuant to ss. 120.536(1) and 120.54 necessary to implement
714	this section.
715	610.114  Compliance.--If a certificateholder is found by a
716	court of competent jurisdiction to not comply with the
717	requirements of this chapter, the certificateholder shall have a
718	reasonable period of time, as specified by the court, to cure
719	such noncompliance.
720	610.115  Applicability of other laws.--Nothing in this
721	chapter impairs the right of a provider of video programming
722	that is not a cable service provider to provide video
723	programming and use public right-of-way under chapter 337
724	without a state-issued certificate of franchise authority.
725	610.116  Reports to the Legislature.--The Office of Program
726	Policy Analysis and Governmental Accountability shall submit to
727	the President of the Senate, the Speaker of the House of
728	Representatives, and the majority and minority leaders of the
729	Senate and House of Representatives, on December 1, 2009, a
730	report on the status of competition in the cable service
731	industry, including, by each municipality and county, the number
732	of cable service providers, the number of cable subscribers
733	served, the number of areas served by fewer than two cable
734	service providers, the trend in cable prices, and the
735	identification of any patterns of service as they impact
736	demographic and income groups.
737	610.117  Severability.--If any provision of ss. 610.102-
738	610.102-610.116 or the application thereof to any person or
739	circumstance is held invalid, such invalidity shall not affect
740	other provisions or application of ss. 610.102-610.116 that can
741	be given effect without the invalid provision or application,
742	and to this end the provisions of ss. 610.102-610.116 are
743	severable.
744	Section 6.  Section 166.046, Florida Statutes, is repealed.
745	Section 7.  Paragraph (a) of subsection (3) of section
746	350.81, Florida Statutes, is amended to read:
747	350.81  Communications services offered by governmental
748	entities.--
749	(3)(a)  A governmental entity that provides a cable service
750	shall comply with the Cable Communications Policy Act of 1984,
751	47 U.S.C. ss. 521 et seq., the regulations issued by the Federal
752	Communications Commission under the Cable Communications Policy
753	Act of 1984, 47 U.S.C. ss. 521 et seq., and all applicable state
754	and federal rules and regulations, including, but not limited
755	to, s. 166.046 and those provisions of chapters 202, 212, and
756	337, and 610 which apply to a provider of the services.
757	Section 8.  Section 364.0361, Florida Statutes, is amended
758	to read:
759	364.0361  Local government authority; nondiscriminatory
760	exercise.--A local government shall treat each
761	telecommunications company in a nondiscriminatory manner when
762	exercising its authority to grant franchises to a
763	telecommunications company or to otherwise establish conditions
764	or compensation for the use of rights-of-way or other public
765	property by a telecommunications company. A local government may
766	not directly or indirectly regulate the terms and conditions,
767	including, but not limited to, the operating systems,
768	qualifications, services, service quality, service territory,
769	and prices, applicable to or in connection with the provision of
770	any voice-over-Internet protocol, regardless of the platform,
771	provider, or protocol, broadband or information service. This
772	section does not relieve a provider from any obligations under
773	s. 166.046 or s. 337.401.
774	Section 9.  This act shall take effect July 1, 2006.

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