HB 1199

1	A bill to be entitled
2	An act relating to statewide cable television franchises;
3	providing a short title; amending s. 202.24, F.S.;
4	prohibiting counties and municipalities from negotiating
5	terms and conditions relating to cable services; deleting
6	authorization to negotiate; revising application to
7	existing ordinances or franchise agreements; amending s.
8	337.401, F.S.; deleting authorization for counties and
9	municipalities to award cable service franchises and a
10	restriction that cable service companies not operate
11	without such a franchise; amending s. 337.4061, F.S.;
12	revising definitions; creating ss. 610.102, 610.103,
13	610.104, 610.105, 610.106, 610.107, 610.108, 610.109,
14	610.110, 610.112, 610.113, 610.114, 610.115, and 610.116,
15	F.S.; designating the Department of State as the
16	authorizing authority; providing definitions; requiring
17	state authorization to provide cable services and
18	competitive video programming services; providing
19	requirements and procedures; providing for fees; providing
20	duties and responsibilities of the Department of State;
21	providing application procedures and requirements;
22	providing for issuing certificates of franchise authority;
23	providing eligibility requirements and criteria for a
24	certificate; authorizing the department to adopt rules;
25	providing for an application form; providing for fees;
26	prohibiting the department from imposing taxes, fees, or
27	charges on a cable service provider to issue a
28	certificate; prohibiting imposing buildout requirements on
29	a certificateholder; requiring certificateholders to make
30	cable service available at certain public buildings under
31	certain circumstances; imposing certain customer service
32	requirements on cable service providers; requiring the
33	Department of Agriculture and Consumer Services to receive
34	customer service complaints; requiring provision of
35	public, educational, and governmental access channels or
36	capacity equivalent; providing criteria, requirements, and
37	procedures; providing exceptions; providing
38	responsibilities of municipalities and counties relating
39	to such channels; providing for enforcement; requiring
40	certificateholders to pay a portion of certain monthly
41	revenues to municipalities or counties for a certain
42	period of time; providing for continuing such payments
43	pursuant to local government approval; authorizing
44	continued payments to be itemized; providing criteria for
45	such payments; providing requirements for and limitations
46	on counties and municipalities relating to access to
47	public right-of-way; prohibiting counties and
48	municipalities from imposing additional requirements on
49	certificateholders; authorizing counties and
50	municipalities to require permits of certificateholders
51	relating to public right-of-way; providing permit criteria
52	and requirements; prohibiting discrimination between cable
53	service subscribers; providing for enforcement; providing
54	for determinations of violations; providing for
55	enforcement of compliance by certificateholders; requiring
56	the Office of Program Policy Analysis and Government
57	Accountability to report to the Legislature on the status
58	of competition in the cable service industry; providing
59	report requirements; providing severability; repealing s.
60	166.046, F.S., relating to definitions and minimum
61	standards for cable television franchises imposed upon
62	counties and municipalities; amending ss. 350.81 and
63	364.0361, F.S.; removing cross-references to conform;
64	providing an effective date.
65
66	Be It Enacted by the Legislature of the State of Florida:
67
68	Section 1.  This act may be cited as the "Consumer Choice
69	Act of 2006."
70	Section 2.  Paragraphs (a) and (c) of subsection (2) of
71	section 202.24, Florida Statutes, are amended to read:
72	202.24  Limitations on local taxes and fees imposed on
73	dealers of communications services.--
74	(2)(a)  Except as provided in paragraph (c), each public
75	body is prohibited from:
76	1.  Levying on or collecting from dealers or purchasers of
77	communications services any tax, charge, fee, or other
78	imposition on or with respect to the provision or purchase of
79	communications services.
80	2.  Requiring any dealer of communications services to
81	enter into or extend the term of a franchise or other agreement
82	that requires the payment of a tax, charge, fee, or other
83	imposition.
84	3.  Adopting or enforcing any provision of any ordinance or
85	agreement to the extent that such provision obligates a dealer
86	of communications services to charge, collect, or pay to the
87	public body a tax, charge, fee, or other imposition.
88
89	Municipalities and counties may not negotiate Each municipality
90	and county retains authority to negotiate all terms and
91	conditions of a cable service franchise allowed by federal and
92	state law except those terms and conditions related to franchise
93	fees or and the definition of gross revenues or other
94	definitions or methodologies related to the payment or
95	assessment of franchise fees on providers of cable services.
96	(c)  This subsection does not apply to:
97	1.  Local communications services taxes levied under this
98	chapter.
99	2.  Ad valorem taxes levied pursuant to chapter 200.
100	3.  Occupational license taxes levied under chapter 205.
101	4.  "911" service charges levied under chapter 365.
102	5.  Amounts charged for the rental or other use of property
103	owned by a public body which is not in the public rights-of-way
104	to a dealer of communications services for any purpose,
105	including, but not limited to, the placement or attachment of
106	equipment used in the provision of communications services.
107	6.  Permit fees of general applicability which are not
108	related to placing or maintaining facilities in or on public
109	roads or rights-of-way.
110	7.  Permit fees related to placing or maintaining
111	facilities in or on public roads or rights-of-way pursuant to s.
112	337.401.
113	8.  Any in-kind requirements, institutional networks, or
114	contributions for, or in support of, the use or construction of
115	public, educational, or governmental access facilities allowed
116	under federal law and imposed on providers of cable service
117	pursuant to any existing ordinance or an existing franchise
118	agreement granted by each municipality or county, under which
119	ordinance or franchise agreement service is provided prior to
120	July 1, 2006. Nothing in this subparagraph shall prohibit the
121	ability of providers of cable service to recover such expenses
122	as allowed under federal law.
123	9.  Special assessments and impact fees.
124	10.  Pole attachment fees that are charged by a local
125	government for attachments to utility poles owned by the local
126	government.
127	11.  Utility service fees or other similar user fees for
128	utility services.
129	12.  Any other generally applicable tax, fee, charge, or
130	imposition authorized by general law on July 1, 2000, which is
131	not specifically prohibited by this subsection or included as a
132	replaced revenue source in s. 202.20.
133	Section 3.  Paragraphs (a), (e), and (f) of subsection (3)
134	of section 337.401, Florida Statutes, are amended to read:
135	337.401  Use of right-of-way for utilities subject to
136	regulation; permit; fees.--
137	(3)(a)1.  Because of the unique circumstances applicable to
138	providers of communications services, including, but not limited
139	to, the circumstances described in paragraph (e) and the fact
140	that federal and state law require the nondiscriminatory
141	treatment of providers of telecommunications services, and
142	because of the desire to promote competition among providers of
143	communications services, it is the intent of the Legislature
144	that municipalities and counties treat providers of
145	communications services in a nondiscriminatory and competitively
146	neutral manner when imposing rules or regulations governing the
147	placement or maintenance of communications facilities in the
148	public roads or rights-of-way. Rules or regulations imposed by a
149	municipality or county relating to providers of communications
150	services placing or maintaining communications facilities in its
151	roads or rights-of-way must be generally applicable to all
152	providers of communications services and, notwithstanding any
153	other law, may not require a provider of communications
154	services, except as otherwise provided in subparagraph 2., to
155	apply for or enter into an individual license, franchise, or
156	other agreement with the municipality or county as a condition
157	of placing or maintaining communications facilities in its roads
158	or rights-of-way. In addition to other reasonable rules or
159	regulations that a municipality or county may adopt relating to
160	the placement or maintenance of communications facilities in its
161	roads or rights-of-way under this subsection, a municipality or
162	county may require a provider of communications services that
163	places or seeks to place facilities in its roads or rights-of-
164	way to register with the municipality or county and to provide
165	the name of the registrant; the name, address, and telephone
166	number of a contact person for the registrant; the number of the
167	registrant's current certificate of authorization issued by the
168	Florida Public Service Commission, or the Federal Communications
169	Commission, or the Florida Department of State; and proof of
170	insurance or self-insuring status adequate to defend and cover
171	claims.
172	2.  Notwithstanding the provisions of subparagraph 1., a
173	municipality or county may, as provided by 47 U.S.C. s. 541,
174	award one or more franchises within its jurisdiction for the
175	provision of cable service, and a provider of cable service
176	shall not provide cable service without such franchise. Each
177	municipality and county retains authority to negotiate all terms
178	and conditions of a cable service franchise allowed by federal
179	law and s. 166.046, except those terms and conditions related to
180	franchise fees and the definition of gross revenues or other
181	definitions or methodologies related to the payment or
182	assessment of franchise fees and permit fees as provided in
183	paragraph (c) on providers of cable services. A municipality or
184	county may exercise its right to require from providers of cable
185	service in-kind requirements, including, but not limited to,
186	institutional networks, and contributions for, or in support of,
187	the use or construction of public, educational, or governmental
188	access facilities to the extent permitted by federal law. A
189	provider of cable service may exercise its right to recover any
190	such expenses associated with such in-kind requirements, to the
191	extent permitted by federal law.
192	(e)  The authority of municipalities and counties to
193	require franchise fees from providers of communications
194	services, with respect to the provision of communications
195	services, is specifically preempted by the state, except as
196	otherwise provided in subparagraph (a)2., because of unique
197	circumstances applicable to providers of communications services
198	when compared to other utilities occupying municipal or county
199	roads or rights-of-way. Providers of communications services may
200	provide similar services in a manner that requires the placement
201	of facilities in municipal or county roads or rights-of-way or
202	in a manner that does not require the placement of facilities in
203	such roads or rights-of-way. Although similar communications
204	services may be provided by different means, the state desires
205	to treat providers of communications services in a
206	nondiscriminatory manner and to have the taxes, franchise fees,
207	and other fees paid by providers of communications services be
208	competitively neutral. Municipalities and counties retain all
209	existing authority, if any, to collect franchise fees from users
210	or occupants of municipal or county roads or rights-of-way other
211	than providers of communications services, and the provisions of
212	this subsection shall have no effect upon this authority. The
213	provisions of this subsection do not restrict the authority, if
214	any, of municipalities or counties or other governmental
215	entities to receive reasonable rental fees based on fair market
216	value for the use of public lands and buildings on property
217	outside the public roads or rights-of-way for the placement of
218	communications antennas and towers.
219	(f)  Except as expressly allowed or authorized by general
220	law and except for the rights-of-way permit fees subject to
221	paragraph (c), a municipality or county may not levy on a
222	provider of communications services a tax, fee, or other charge
223	or imposition for operating as a provider of communications
224	services within the jurisdiction of the municipality or county
225	which is in any way related to using its roads or rights-of-way.
226	A municipality or county may not require or solicit in-kind
227	compensation, except as otherwise provided in s. 202.24(2)(c)8.
228	or s. 610.109 subparagraph (a)2. Nothing in this paragraph shall
229	impair any ordinance or agreement in effect on May 22, 1998, or
230	any voluntary agreement entered into subsequent to that date,
231	which provides for or allows in-kind compensation by a
232	telecommunications company.
233	Section 4.  Section 337.4061, Florida Statutes, is amended
234	to read:
235	337.4061  Definitions; unlawful use of state-maintained
236	road right-of-way by nonfranchised cable television services.--
237	(1)  As used in this section, the term:
238	(a)  "Cable service" means:
239	1.  The one-way transmission to subscribers of video
240	programming or any other programming service; and
241	2.  Subscriber interaction, if any, which is required for
242	the selection of such video programming or other programming
243	service.
244	(b)  "Cable system" means a facility, consisting of a set
245	of closed transmission paths and associated signal generation,
246	reception, and control equipment that is designed to provide
247	cable service which includes video programming and which is
248	provided to multiple subscribers within a community, but such
249	term does not include:
250	1.  A facility that serves only to retransmit the
251	television signals of one or more television broadcast stations;
252	2.  A facility that serves only subscribers in one or more
253	multiple-unit dwellings under common ownership, control, or
254	management, unless such facility or facilities use any public
255	right-of-way;
256	3.  A facility that serves subscribers without using any
257	public right-of-way;
258	4.3.  A facility of a common carrier that is subject, in
259	whole or in part, to the provisions of 47 U.S.C. s. 201 et seq.,
260	except the specific bandwidths or wavelengths used by that such
261	facility shall be considered a cable system only to the extent
262	such bandwidths or wavelengths are facility is used in the
263	transmission of video programming directly to subscribers,
264	unless the extent of such use is solely to provide interactive
265	on-demand services, in which case the use of such bandwidths or
266	wavelengths is not a cable system; or
267	5.4.  Any facilities of any electric utility used solely
268	for operating its electric utility systems.
269	(c)  "Franchise" means an initial authorization or renewal
270	thereof issued by a franchising authority, whether such
271	authorization is designated as a franchise, permit, license,
272	resolution, contract, certificate, agreement, or otherwise,
273	which authorizes the construction or operation of a cable
274	system.
275	(d)  "Franchising authority" means any governmental entity
276	empowered by federal, state, or local law to grant a franchise.
277	(e)  "Person" means an individual, partnership,
278	association, joint stock company, trust, corporation, or
279	governmental entity.
280	(f)  "Video programming" means programming provided by or
281	generally considered comparable to programming provided by a
282	television broadcast station or cable system.
283	(2)  It is unlawful to use the right-of-way of any state-
284	maintained road, including appendages thereto, and also
285	including, but not limited to, rest areas, wayside parks, boat-
286	launching ramps, weigh stations, and scenic easements, to
287	provide for cable service over a cable system purposes within a
288	geographic area subject to a valid existing franchise for cable
289	service, unless the cable system using such right-of-way holds a
290	franchise from a franchise authority the municipality or county
291	for the area in which the right-of-way is located.
292	(3)  A violation of this section shall be deemed a
293	violation of s. 337.406.
294	Section 5.  Sections 610.102, 610.103, 610.104, 610.105,
295	610.106, 610.107, 610.108, 610.109, 610.110, 610.112, 610.113,
296	610.114, 610.115, and 610.116, Florida Statutes, are created to
297	read:
298	610.102  Department of State authority to issue statewide
299	cable franchise.--The department shall be designated as the
300	franchising authority, pursuant to 47 U.S.C. s. 522(10), for a
301	state-issued franchise for the provision of cable service. A
302	municipality or county may not grant a new franchise for the
303	provision of cable service within its jurisdiction.
304	610.103  Definitions.--As used in ss. 610.102-610.114:
305	(1)  "Cable service" means:
306	(a)  The one-way transmission to subscribers of video
307	programming or any other programming service.
308	(b)  Subscriber interaction, if any, that is required for
309	the selection of such video programming or other programming
310	service.
311	(2)  "Cable system" means a facility consisting of a set of
312	closed transmission paths and associated signal generation,
313	reception, and control equipment that is designed to provide
314	cable service that includes video programming and that is
315	provided to multiple subscribers within a community, but such
316	term does not include:
317	(a)  A facility that serves only to retransmit the
318	television signals of one or more television broadcast stations;
319	(b)  A facility that serves only subscribers in one or more
320	multiple-unit dwellings under common ownership, control, or
321	management, unless such facility or facilities use any public
322	right-of-way;
323	(c)  A facility that serves subscribers without using any
324	public right-of-way;
325	(d)  A facility of a common carrier that is subject, in
326	whole or in part, to the provisions of 47 U.S.C. s. 201 et seq.,
327	except the specific bandwidths or wavelengths over such facility
328	shall be considered a cable system only to the extent such
329	bandwidths or wavelengths are used in the transmission of video
330	programming directly to subscribers, unless the extent of such
331	use is solely to provide interactive on-demand services, in
332	which case it is not a cable system; or
333	(e)  Any facilities of any electric utility used solely for
334	operating its electric utility systems.
335	(3)  "Cable service provider" means a person that provides
336	cable service over a cable system.
337	(4)  "Certificateholder" means a cable service provider
338	that has been issued and holds a certificate of franchise
339	authority from the department.
340	(5)  "Department" means the Department of State.
341	(6)  "Franchise" means an initial authorization or renewal
342	of an authorization, regardless of whether the authorization is
343	designated as a franchise, permit, license, resolution,
344	contract, certificate, agreement, or otherwise, to construct and
345	operate a cable system in the public right-of-way.
346	(7)  "Franchise authority" means any governmental entity
347	empowered by federal, state, or local law to grant a franchise.
348	(8)  "Incumbent cable service provider" means the cable
349	service provider serving the largest number of cable subscribers
350	in a particular municipal or county franchise area on July 1,
351	2006.
352	(9)  "Public right-of-way" means the area on, below, or
353	above a public roadway, highway, street, sidewalk, alley, or
354	waterway, including, without limitation, a municipal, county,
355	state, district, or other public roadway, highway, street,
356	sidewalk, alley, or waterway.
357	(10)  "Video programming" means programming provided by, or
358	generally considered comparable to programming provided by, a
359	television broadcast station as set forth in 47 U.S.C. s.
360	522(20).
361	610.104  State authorization to provide cable service.--
362	(1)  An entity or person seeking to provide cable service
363	over a cable system in this state after July 1, 2006, shall file
364	an application for a state-issued certificate of franchise
365	authority with the department as required by this section. An
366	entity providing cable service under an unexpired franchise
367	agreement with a municipality or county as of July 1, 2006, is
368	not subject to this subsection with respect to such municipality
369	or county until the franchise agreement expires, except as
370	provided by subsection (2) and s. 610.105(4). An entity
371	providing cable service may seek authorization from the
372	department to provide service in areas where the entity
373	currently does not have an existing franchise agreement as of
374	July 1, 2006.
375	(2)  Beginning 90 days after July 1, 2006, a cable service
376	provider that is not an incumbent cable service provider and
377	provides cable service to less than 40 percent of the total
378	cable service subscribers in a particular franchise area may
379	elect to terminate an existing municipal or county franchise and
380	seek a state-issued certificate of franchise authority by
381	providing written notice to the Secretary of State and the
382	affected municipality or county not later than 180 days after
383	July 1, 2006. The municipal or county franchise is terminated on
384	the date the department issues the state-issued certificate of
385	franchise authority.
386	(3)  Before the 10th business day after an applicant
387	submits the affidavit, the department shall notify the applicant
388	for a state-issued certificate of franchise authority whether
389	the applicant's affidavit described by subsection (4) is
390	complete. If the department denies the application, the
391	department must specify with particularity the reasons for the
392	denial and permit the applicant to amend the application to cure
393	any deficiency. The department shall act upon such amended
394	application within 5 business days.
395	(4)  The department shall issue a certificate of franchise
396	authority to offer cable service before the 15th business day
397	after receipt of a completed affidavit submitted by an applicant
398	and signed by an officer or general partner of the applicant
399	affirming:
400	(a)  That the applicant has filed or will timely file with
401	the Federal Communications Commission all forms required by that
402	agency in advance of offering cable service in this state.
403	(b)  That the applicant agrees to comply with all
404	applicable federal and state laws and regulations, to the extent
405	that such state laws and rules are not in conflict with or
406	superseded by the provisions of this chapter or other applicable
407	state law.
408	(c)  That the applicant agrees to comply with all lawful
409	state laws and rules and municipal and county ordinances and
410	regulations regarding the placement and maintenance of
411	communications facilities in the public right-of-way that are
412	generally applicable to providers of communications services in
413	accordance with s. 337.401.
414	(d)  A description of the service area for which the
415	applicant seeks certificate of franchise authority, which need
416	not be coextensive with municipal, county, or other political
417	boundaries.
418	(e)  The location of the applicant's principal place of
419	business and the names of the applicant's principal executive
420	officers.
421	(f)  That the applicant is authorized to do business in the
422	state.
423	(g)  That the applicant has sufficient technical,
424	financial, and managerial capability to provide cable service
425	within the service area for which the applicant seeks a
426	certificate of franchise authority. At the time of the filing of
427	the affidavit, the applicant shall furnish its most recent
428	unqualified audited financial statement if a publicly available
429	audited financial report is not available.
430	(h)  That neither the applicant nor any of its current
431	principal executive officers are under indictment or have been
432	convicted of a felony in this state.
433	(5)  If the department fails to act on the application
434	within 30 business days after receiving the application, the
435	application shall be deemed approved.
436	(6)  The certificate of franchise authority issued by the
437	department shall contain:
438	(a)  A grant of authority to provide cable service over a
439	cable system as requested in the application.
440	(b)  A grant of authority to construct, maintain, and
441	operate facilities through, upon, over, and under any public
442	right-of-way or waters.
443	(c)  A statement that the grant of authority is subject to
444	lawful operation of the cable system to provide cable service by
445	the applicant or its successor in interest.
446	(7)  A certificateholder that seeks to include additional
447	service areas in its current certificate shall file notice with
448	the department that reflects the new service area or areas to be
449	served.
450	(8)  The certificate of franchise authority issued by the
451	department is fully transferable to any successor in interest to
452	the applicant to which the certificate is initially granted. A
453	notice of transfer shall be filed with the department and the
454	relevant municipality or county within 14 business days
455	following the completion of such transfer.
456	(9)  The certificate of franchise authority issued by the
457	department may be terminated by the cable service provider by
458	submitting notice to the department.
459	(10)  An applicant may challenge a denial of an application
460	by the department in a court of competent jurisdiction through a
461	petition for mandamus.
462	(11)  The department may revoke a certificate of franchise
463	authority in the event that a court of competent jurisdiction
464	finds, pursuant to s. 610.114, that a certificateholder is in
465	noncompliance with the requirements of this chapter after notice
466	and a reasonable time to cure.
467	(12)  The department may adopt any procedural rules
468	pursuant to ss. 120.536(1) and 120.54 necessary to implement
469	this section.
470	(13)  The department may establish a standard application
471	form, in which case the application shall be on such form and
472	must be accompanied by a fee established by the department, not
473	to exceed $10,000. The fees shall be based on the costs incurred
474	by the department in performing its duties under the provisions
475	of ss. 610.102-610.115.
476	(14)  Beginning 3 years after approval of the
477	certificateholder's initial certificate of franchise, and every
478	3 years thereafter, the certificateholder shall update the
479	information contained in the original application for a
480	certificate of franchise. At the time of the filing of the
481	information update, the certificateholder shall pay a processing
482	fee, not to exceed $1,000, for the costs incurred by the
483	department in the handling of the information update.
484	(15)  Beginning 10 years after approval of the
485	certificateholder's initial certificate of franchise and every
486	10 years thereafter, the certificateholder shall file a renewal
487	notice accompanied by an affidavit that contains the information
488	required by subsection (4). At the time of the filing of the
489	renewal notice, the certificateholder shall pay a fee, not to
490	exceed $10,000, established by the department. The fee shall be
491	based on the costs incurred by the department in performing its
492	duties under this subsection. Upon receipt of the notice of
493	renewal and payment of the fee, the certificate shall be deemed
494	automatically renewed unless the department files a notice of
495	deficiency within 30 days after receiving the notice of renewal.
496	The certificateholder shall have 30 days to cure any deficiency
497	in the notice of renewal.
498	(16)  In addition and subject to the requirements of ss.
499	610.102-610.114, a provider of competitive video programming
500	services shall apply for and obtain a state-issued certificate
501	of franchise authority under ss. 610.102-610.114, including all
502	rights and obligations associated therewith, before providing
503	such services in the state, notwithstanding that competitive
504	video programming service is not a cable service as defined in
505	s. 610.103. For purposes of ss. 610.102-610.114, the term
506	"competitive video programming services" means video programming
507	provided through wireline facilities located at least in part of
508	the public right-of-way without regard to delivery technology,
509	including Internet Protocol technology, provided that this
510	definition does not include any video programming provided by a
511	cable service operator, any video programming provided solely as
512	part of interactive on-demand services, any video programming
513	service provided by a commercial mobile service provider defined
514	in 47 U.S.C. s. 322(b), or any information service as defined by
515	federal law.
516	610.105  Eligibility for state-issued franchise.--
517	(1)  Except as provided in s. 610.104(1) and (2) and
518	subsection (4), a cable service provider that has an existing,
519	unexpired franchise to provide cable service with respect to a
520	municipality or county as of July 1, 2006, is not eligible to
521	seek a state-issued certificate of franchise authority under
522	this chapter as to that municipality or county until the
523	expiration date of the existing franchise agreement.
524	(2)  For purposes of this section, a cable service provider
525	will be deemed to have or have had a franchise to provide cable
526	service in a specific municipality or county if any affiliate or
527	successor entity of the cable service provider has or had a
528	franchise agreement granted by that specific municipality or
529	county.
530	(3)  The term "affiliate or successor entity" in this
531	section refers to an entity receiving, obtaining, or operating
532	under a franchise that directly or indirectly owns or controls,
533	is owned or controlled by, or is under common ownership or
534	control with the cable service provider.
535	(4)  Notwithstanding subsection (1), a cable service
536	provider may elect to terminate an existing municipal or county
537	franchise and seek a state-issued certificate of franchise
538	authority with respect to such municipality or county if another
539	cable service provider is granted a state-issued certificate of
540	franchise authority located in whole or in part within the
541	service area covered by the existing municipal or county
542	franchise. The cable service provider may terminate its existing
543	franchise under this subsection by providing written notice to
544	the Secretary of State and the affected municipality or county
545	within 180 days following the issuance of the state-issued
546	certificate of franchise authority to the nonincumbent cable
547	service provider. The municipal or county franchise is
548	terminated on the date the department issues the state-issued
549	certificate of franchise authority with respect to such
550	municipality or county to the cable service provider.
551	610.106  Franchise fee prohibited.--The department may not
552	impose any taxes, fees, charges, or other impositions on a cable
553	service provider as a condition for the issuance of a state-
554	issued certificate of franchise authority. No municipality or
555	county may impose any taxes, fees, charges, or other exactions
556	on certificateholders in connection with use of public right-of-
557	way as a condition of a certificateholder doing business in the
558	municipality or county, or otherwise, except such taxes, fees,
559	charges, or other exactions permitted by chapter 202 and s.
560	337.401(6).
561	610.107  Buildout.--No franchising authority, state agency,
562	or political subdivision may impose any buildout requirements on
563	a certificateholder. However, each certificateholder, if
564	requested pursuant to a bona fide order for cable service, shall
565	make cable service available at each building used for municipal
566	or county purposes, including, but not limited to, emergency
567	operations centers, fire stations, and public schools, within
568	the area described in its application under s. 610.104(4)(d)
569	within 5 years after the date of the issuance of its certificate
570	by the department using the technology of its choice.
571	610.108  Customer service standards.--
572	(1)  An incumbent cable service provider shall comply with
573	customer service requirements reasonably comparable to the
574	standards in 47 C.F.R. s. 76.309(c) until there are two or more
575	providers offering service, excluding direct-to-home satellite
576	service, in the relevant service area.
577	(2)  Beginning not later than July 1, 2009, for all
578	providers of cable service in municipalities and counties that,
579	as of January 1, 2006, have an office or department dedicated to
580	responding to cable service quality complaints, all such
581	complaints shall be handled by the Department of Agriculture and
582	Consumer Services. Until that time, cable service quality
583	complaints shall continue to be handled by the municipality or
584	county. This provision shall not be construed to permit the
585	municipality or county to impose customer service standards in
586	conflict with this section.
587	(3)  The Department of Agriculture and Consumer Services
588	shall receive service quality complaints from customers of a
589	certificateholder. The department shall address such complaints
590	in an expeditious manner by assisting in the resolution of such
591	complaint between the complainant and the certificateholder. The
592	department shall adopt any procedural rules pursuant to ss.
593	120.536(1) and 120.54 necessary to implement this section.
594	610.109  Public, educational, and governmental access
595	channels.--
596	(1)  A certificateholder, not later than 180 days following
597	a request by a municipality or county within whose jurisdiction
598	the certificateholder is providing cable service, shall
599	designate a sufficient amount of capacity on its network to
600	allow the provision of public, educational, and governmental
601	access channels for noncommercial programming as set forth in
602	this section.
603	(2)  A certificateholder shall designate a sufficient
604	amount of capacity on its network to allow the provision of a
605	comparable number of public, educational, and governmental
606	access channels or capacity equivalent that a municipality or
607	county has activated under the incumbent cable service
608	provider's franchise agreement as of July 1, 2006. For the
609	purposes of this section, a public, educational, or governmental
610	channel is deemed activated if the channel is being used for
611	public, educational, or governmental programming within the
612	municipality for at least 10 hours per day. Except as provided
613	in subsections (3)-(5), the certificateholder's obligations
614	under this subsection continue regardless of whether the
615	incumbent cable service provider, subsequent to July 1, 2006,
616	becomes a certificateholder pursuant to this chapter.
617	(3)  If a municipality or county did not have public,
618	educational, or governmental access channels activated under the
619	incumbent cable service provider's franchise agreement as of
620	July 1, 2006, not later than 180 days following a request by the
621	municipality or county within whose jurisdiction a
622	certificateholder is providing cable service, the cable service
623	provider shall furnish:
624	(a)  Up to three public, educational, or governmental
625	channels or capacity equivalent for a municipality or county
626	with a population of at least 50,000.
627	(b)  Up to two public, educational, or governmental
628	channels or capacity equivalent for a municipality or county
629	with a population of less than 50,000.
630	(4)  Any public, educational, or governmental channel
631	provided pursuant to this section that is not used by the
632	municipality or county for at least 10 hours a day shall no
633	longer be made available to the municipality or county but may
634	be programmed at the cable service provider's discretion. At
635	such time as the municipality or county can certify to the cable
636	service provider a schedule for at least 10 hours of daily
637	programming, the cable service provider shall restore the
638	previously lost channel but shall be under no obligation to
639	carry that channel on a basic or analog tier.
640	(5)  If a municipality or county has not used the number of
641	access channels or capacity equivalent permitted by subsection
642	(3), access to the additional channels or capacity equivalent
643	allowed in subsection (3) shall be provided upon 180 days'
644	written notice if the municipality or county meets the following
645	standard: if a municipality or county has one active public,
646	educational, or governmental channel and wishes to activate an
647	additional public, educational, or governmental channel, the
648	initial channel shall be considered to be substantially used
649	when 12 hours are programmed on that channel each calendar day.
650	In addition, at least 40 percent of the 12 hours of programming
651	for each business day on average over each calendar quarter must
652	be nonrepeat programming. Nonrepeat programming shall include
653	the first three videocastings of a program. If a municipality or
654	county is entitled to three public, educational, or governmental
655	channels under subsection (3) and has in service two active
656	public, educational, or governmental channels, each of the two
657	active channels shall be considered to be substantially used
658	when 12 hours are programmed on each channel each calendar day
659	and at least 50 percent of the 12 hours of programming for each
660	business day on average over each calendar quarter is nonrepeat
661	programming for three consecutive calendar quarters.
662	(6)  The operation of any public, educational, or
663	governmental access channel or capacity equivalent provided
664	under this section shall be the responsibility of the
665	municipality or county receiving the benefit of such channel or
666	capacity equivalent, and a certificateholder bears only the
667	responsibility for the transmission of such channel content. A
668	certificateholder shall be responsible for providing the
669	connectivity to each public, educational, or governmental access
670	channel distribution point up to the first 200 feet.
671	(7)  The municipality or county shall ensure that all
672	transmissions, content, or programming to be transmitted over a
673	channel or facility by a certificateholder are provided or
674	submitted to the cable service provider in a manner or form that
675	is capable of being accepted and transmitted by a provider
676	without any requirement for additional alteration or change in
677	the content by the provider, over the particular network of the
678	cable service provider, which is compatible with the technology
679	or protocol utilized by the cable service provider to deliver
680	services. The provision of public, educational, or governmental
681	content to the provider constitutes authorization for the
682	provider to carry such content, including, at the provider's
683	option, authorization to carry the content beyond the
684	jurisdictional boundaries of the municipality or county.
685	(8)  Where technically feasible, a certificateholder and an
686	incumbent cable service provider shall use reasonable efforts to
687	interconnect their cable systems for the purpose of providing
688	public, educational, and governmental programming.
689	Interconnection may be accomplished by direct cable, microwave
690	link, satellite, or other reasonable method of connection.
691	Certificateholders and incumbent cable service providers shall
692	negotiate in good faith and incumbent cable service providers
693	may not withhold interconnection of public, educational, and
694	governmental channels.
695	(9)  A certificateholder is not required to interconnect
696	for, or otherwise to transmit, public, educational, and
697	governmental content that is branded with the logo, name, or
698	other identifying marks of another cable service provider, and a
699	municipality or county may require a cable service provider to
700	remove its logo, name, or other identifying marks from public,
701	educational, and governmental content that is to be made
702	available to another provider.
703	(10)  A court of competent jurisdiction shall have
704	exclusive jurisdiction to enforce any requirement under this
705	section.
706	(11)  In support of the capital costs incurred by the
707	municipality or county in connection with the construction or
708	operation of public, educational, or governmental access
709	facilities and content provided by a municipality or county
710	pursuant to this section, the certificateholder shall pay to the
711	municipality or county 1 percent of the certificateholder's
712	monthly revenues from the retail sale of cable services provided
713	to customers located within the respective municipal or county
714	boundaries, based upon the certificateholder's books and
715	records, for a period of 2 years after the date the department
716	issues a certificate to the certificateholder. After the
717	expiration of the 2-year period, the certificateholder shall pay
718	and the municipality or county shall continue to receive up to 1
719	percent of such revenues in support of the capital costs
720	incurred by the municipality or county in connection with the
721	construction or operation of public, educational, or
722	governmental content provided by the municipality or county only
723	if the governing body of the municipality or county
724	affirmatively approves such continued payment. Upon such
725	affirmative vote of approval, the certificateholder may recover
726	from the customer its costs of the payment through a separately
727	stated charge on the customer's bill. All payments made pursuant
728	to this subsection shall be made in the same manner as, and
729	treated as part of, the certificateholder's payment of
730	communications services tax pursuant to s. 202.27, and all
731	definitions, exemptions, and administrative provisions of
732	chapter 202 shall apply to such payments.
733	610.110  Nondiscrimination by municipality or county.--
734	(1)  A municipality or county shall allow a
735	certificateholder to install, construct, and maintain a network
736	within a public right-of-way and shall provide a
737	certificateholder with open, comparable, nondiscriminatory, and
738	competitively neutral access to the public right-of-way in
739	accordance with the provisions of s. 337.401. All use of a
740	public right-of-way by a certificateholder is nonexclusive.
741	(2)  A municipality or county may not discriminate against
742	a certificateholder regarding:
743	(a)  The authorization or placement of a network in a
744	public right-of-way;
745	(b)  Access to a building or other property; or
746	(c)  Utility pole attachment terms.
747	(3)  Except as expressly provided in this section, nothing
748	in this chapter shall be construed to limit or abrogate a
749	municipality's or county's authority over the use of public
750	rights-of-way under its jurisdiction, as provided in s.
751	337.401(3)(a).
752	610.112  Limitation on local authority.--
753	(1)  A municipality or county may not impose additional
754	requirements on a certificateholder, including, but not limited
755	to, financial, operational, and administrative requirements,
756	except as expressly permitted by this chapter. A municipality or
757	county may not impose on activities of a certificateholder a
758	requirement:
759	(a)  That particular business offices be located in the
760	municipality or county;
761	(b)  Regarding the filing of reports and documents with the
762	municipality or county that are not required by state or federal
763	law and that are not related to the use of the public right-of-
764	way. Reports and documents other than schematics indicating the
765	location of facilities for a specific site that are provided in
766	the normal course of the municipality's or county's permitting
767	process, that are authorized by s. 337.401 for communications
768	services providers, or that are otherwise required in the normal
769	course of such permitting process shall not be considered
770	related to the use of the public right-of-way for communications
771	services providers. A municipality or county may not request
772	information concerning the capacity or technical configuration
773	of a certificateholder's facilities;
774	(c)  For the inspection of a certificateholder's business
775	records; or
776	(d)  For the approval of transfers of ownership or control
777	of a certificateholder's business, except a municipality or
778	county may require a certificateholder to provide notice of a
779	transfer within a reasonable time.
780	(2)  Notwithstanding any other provision of law, a
781	municipality or county may require the issuance of a permit in
782	accordance with and subject to s. 337.401 to a certificateholder
783	that is placing and maintaining facilities in or on a public
784	right-of-way in the municipality or county. In accordance with
785	s. 337.402, the permit may require the permitholder to be
786	responsible, at the permitholder's expense, for any damage
787	resulting from the issuance of such permit and for restoring the
788	public right-of-way to a substantially similar condition to that
789	of the public right-of-way before installation of such
790	facilities. The terms of the permit shall be consistent with
791	construction permits issued to other providers of communications
792	services placing or maintaining communications facilities in a
793	public right-of-way.
794	610.113  Discrimination prohibited.--
795	(1)  The purpose of this section is to prevent
796	discrimination among potential residential subscribers.
797	(2)  Pursuant to 47 U.S.C. s. 541(a)(3), a
798	certificateholder may not deny access to service to any group of
799	potential residential subscribers because of the income of the
800	residents in the local area in which such group resides.
801	(3)  An affected person may seek enforcement of the
802	requirements provided by subsection (2) by initiating a
803	proceeding with the Department of Agriculture and Consumer
804	Services pursuant to s. 570.544.
805	(4)  For purposes of determining whether a
806	certificateholder has violated subsection (2), cost, density,
807	distance, and technological or commercial limitations shall be
808	taken into account, and the certificateholder shall have a
809	reasonable time to deploy service pursuant to 47 U.S.C. s.
810	541(a)(4)(A). Use of an alternative technology that provides
811	comparable content, service, and functionality may not be
812	considered a violation of subsection (2). The inability to serve
813	an end user because a certificateholder is prohibited from
814	placing its own facilities in a building or property is not a
815	violation of subsection (2). This section may not be construed
816	to authorize any buildout requirements on a certificateholder.
817	(5)  The Department of Agriculture and Consumer Services
818	shall adopt any procedural rules pursuant to ss. 120.536(1) and
819	120.54 necessary to implement this section.
820	610.114  Compliance.--If a certificateholder is found by a
821	court of competent jurisdiction to not comply with the
822	requirements of this chapter, the certificateholder shall have a
823	reasonable period of time, as specified by the court, to cure
824	such noncompliance.
825	610.115  Reports to the Legislature.--The Office of Program
826	Policy Analysis and Governmental Accountability shall submit to
827	the President of the Senate, the Speaker of the House of
828	Representatives, and the majority and minority leaders of the
829	Senate and House of Representatives, on December 1, 2009, a
830	report on the status of competition in the cable service
831	industry, including, by each municipality and county, the number
832	of cable service providers, the number of cable subscribers
833	served, the number of areas served by fewer than two cable
834	service providers, the trend in cable prices, and the
835	identification of any patterns of service as they impact
836	demographic and income groups.
837	610.116  Severability.--If any provision of ss. 610.102-
838	610.102-610.115 or the application thereof to any person or
839	circumstance is held invalid, such invalidity shall not affect
840	other provisions or application of ss. 610.102-610.115 that can
841	be given effect without the invalid provision or application,
842	and to this end the provisions of ss. 610.102-610.115 are
843	severable.
844	Section 6.  Section 166.046, Florida Statutes, is repealed.
845	Section 7.  Paragraph (a) of subsection (3) of section
846	350.81, Florida Statutes, is amended to read:
847	350.81  Communications services offered by governmental
848	entities.--
849	(3)(a)  A governmental entity that provides a cable service
850	shall comply with the Cable Communications Policy Act of 1984,
851	47 U.S.C. ss. 521 et seq., the regulations issued by the Federal
852	Communications Commission under the Cable Communications Policy
853	Act of 1984, 47 U.S.C. ss. 521 et seq., and all applicable state
854	and federal rules and regulations, including, but not limited
855	to, s. 166.046 and those provisions of chapters 202, 212, and
856	337, and 610 which apply to a provider of the services.
857	Section 8.  Section 364.0361, Florida Statutes, is amended
858	to read:
859	364.0361  Local government authority; nondiscriminatory
860	exercise.--A local government shall treat each
861	telecommunications company in a nondiscriminatory manner when
862	exercising its authority to grant franchises to a
863	telecommunications company or to otherwise establish conditions
864	or compensation for the use of rights-of-way or other public
865	property by a telecommunications company. A local government may
866	not directly or indirectly regulate the terms and conditions,
867	including, but not limited to, the operating systems,
868	qualifications, services, service quality, service territory,
869	and prices, applicable to or in connection with the provision of
870	any voice-over-Internet protocol, regardless of the platform,
871	provider, or protocol, broadband or information service. This
872	section does not relieve a provider from any obligations under
873	s. 166.046 or s. 337.401.
874	Section 9.  This act shall take effect July 1, 2006.

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