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, 610.107, 610.1075, 610.108, 610.109,
14	610.110, 610.111, 610.112, 610.113, 610.114, 610.115,
15	610.116, 610.117, and 610.118, F.S.; designating the
16	Department of State as the franchising authority for cable
17	service ordinances or statutory franchises; prohibiting
18	counties or municipalities from granting new cable service
19	franchises after a certain date; providing definitions;
20	authorizing municipalities and counties to enact standard
21	cable service ordinances under certain circumstances;
22	providing ordinance requirements, procedures, and
23	limitations; providing for issuance of a statutory
24	certificate of franchise authority issued by the
25	Department of State under certain circumstances;
26	specifying required provisions of standard cable service
27	franchise ordinances; providing for optional provisions of
28	such ordinances; providing requirements; specifying an
29	application process for statutory certificates of
30	franchise authority; providing requirements; authorizing
31	the department to adopt rules; authorizing the department
32	to revoke certificates under certain circumstances;
33	specifying eligibility criteria and requirements for
34	certain cable providers for franchise authority for cable
35	service ordinances or statutory certificates; prohibiting
36	the department from imposing taxes, fees, or charges on a
37	cable service provider to issue a certificate; prohibiting
38	imposing buildout requirements on a certificateholder;
39	specifying certain customer service standards; requiring
40	certificateholders to make cable service available at
41	certain public buildings under certain circumstances;
42	requiring the Department of Agriculture and Consumer
43	Services to receive customer service complaints; requiring
44	provision of public, educational, and governmental access
45	channels or capacity equivalent; providing criteria,
46	requirements, and procedures; providing exceptions;
47	providing responsibilities of municipalities and counties
48	relating to such channels; providing for enforcement;
49	requiring certificateholders to pay a portion of certain
50	monthly revenues to municipalities or counties for a
51	certain period of time; providing for continuing such
52	payments pursuant to local government approval;
53	authorizing continued payments to be itemized; providing
54	criteria for such payments; providing requirements for and
55	limitations on counties and municipalities relating to
56	access to public right-of-way; prohibiting counties and
57	municipalities from imposing additional requirements on
58	certificateholders; authorizing counties and
59	municipalities to require permits of certificateholders
60	relating to public right-of-way; providing permit criteria
61	and requirements; prohibiting discrimination between cable
62	service subscribers; providing for enforcement; providing
63	for determinations of violations; providing for
64	enforcement of compliance by certificateholders; requiring
65	the Office of Program Policy Analysis and Government
66	Accountability to report to the Legislature on the status
67	of competition in the cable service industry; providing
68	applicability to competitive video programming services;
69	providing report requirements; providing severability;
70	repealing s. 166.046, F.S., relating to definitions and
71	minimum standards for cable television franchises imposed
72	upon counties and municipalities; amending ss. 350.81 and
73	364.0361, F.S.; conforming cross-references; providing an
74	appropriation; providing for voiding certain deed
75	restrictions or restrictive covenants relating to cable
76	service purchase requirements; providing an effective
77	date.
78
79	Be It Enacted by the Legislature of the State of Florida:
80
81	Section 1.  This act may be cited as the "Consumer Choice
82	Act of 2006."
83	Section 2.  Paragraphs (a) and (c) of subsection (2) of
84	section 202.24, Florida Statutes, are amended to read:
85	202.24  Limitations on local taxes and fees imposed on
86	dealers of communications services.--
87	(2)(a)  Except as provided in paragraph (c), each public
88	body is prohibited from:
89	1.  Levying on or collecting from dealers or purchasers of
90	communications services any tax, charge, fee, or other
91	imposition on or with respect to the provision or purchase of
92	communications services.
93	2.  Requiring any dealer of communications services to
94	enter into or extend the term of a franchise or other agreement
95	that requires the payment of a tax, charge, fee, or other
96	imposition.
97	3.  Adopting or enforcing any provision of any ordinance or
98	agreement to the extent that such provision obligates a dealer
99	of communications services to charge, collect, or pay to the
100	public body a tax, charge, fee, or other imposition.
101
102	Municipalities and counties may not negotiate Each municipality
103	and county retains authority to negotiate all terms and
104	conditions of a cable service franchise allowed by federal and
105	state law except those terms and conditions related to franchise
106	fees or and the definition of gross revenues or other
107	definitions or methodologies related to the payment or
108	assessment of franchise fees on providers of cable services.
109	(c)  This subsection does not apply to:
110	1.  Local communications services taxes levied under this
111	chapter.
112	2.  Ad valorem taxes levied pursuant to chapter 200.
113	3.  Occupational license taxes levied under chapter 205.
114	4.  "911" service charges levied under chapter 365.
115	5.  Amounts charged for the rental or other use of property
116	owned by a public body which is not in the public rights-of-way
117	to a dealer of communications services for any purpose,
118	including, but not limited to, the placement or attachment of
119	equipment used in the provision of communications services.
120	6.  Permit fees of general applicability which are not
121	related to placing or maintaining facilities in or on public
122	roads or rights-of-way.
123	7.  Permit fees related to placing or maintaining
124	facilities in or on public roads or rights-of-way pursuant to s.
125	337.401.
126	8.  Any in-kind requirements, institutional networks, or
127	contributions for, or in support of, the use or construction of
128	public, educational, or governmental access facilities allowed
129	under federal law and imposed on providers of cable service
130	pursuant to any existing ordinance or an existing franchise
131	agreement granted by each municipality or county, under which
132	ordinance or franchise agreement service is provided prior to
133	July 1, 2006, or as permitted under chapter 610. Nothing in this
134	subparagraph shall prohibit the ability of providers of cable
135	service to recover such expenses as allowed under federal law.
136	9.  Special assessments and impact fees.
137	10.  Pole attachment fees that are charged by a local
138	government for attachments to utility poles owned by the local
139	government.
140	11.  Utility service fees or other similar user fees for
141	utility services.
142	12.  Any other generally applicable tax, fee, charge, or
143	imposition authorized by general law on July 1, 2000, which is
144	not specifically prohibited by this subsection or included as a
145	replaced revenue source in s. 202.20.
146	Section 3.  Paragraphs (a), (e), and (f) of subsection (3)
147	of section 337.401, Florida Statutes, are amended to read:
148	337.401  Use of right-of-way for utilities subject to
149	regulation; permit; fees.--
150	(3)(a)1.  Because of the unique circumstances applicable to
151	providers of communications services, including, but not limited
152	to, the circumstances described in paragraph (e) and the fact
153	that federal and state law require the nondiscriminatory
154	treatment of providers of telecommunications services, and
155	because of the desire to promote competition among providers of
156	communications services, it is the intent of the Legislature
157	that municipalities and counties treat providers of
158	communications services in a nondiscriminatory and competitively
159	neutral manner when imposing rules or regulations governing the
160	placement or maintenance of communications facilities in the
161	public roads or rights-of-way. Rules or regulations imposed by a
162	municipality or county relating to providers of communications
163	services placing or maintaining communications facilities in its
164	roads or rights-of-way must be generally applicable to all
165	providers of communications services and, notwithstanding any
166	other law, may not require a provider of communications
167	services, except as otherwise provided in subparagraph 2., to
168	apply for or enter into an individual license, franchise, or
169	other agreement with the municipality or county as a condition
170	of placing or maintaining communications facilities in its roads
171	or rights-of-way. In addition to other reasonable rules or
172	regulations that a municipality or county may adopt relating to
173	the placement or maintenance of communications facilities in its
174	roads or rights-of-way under this subsection, a municipality or
175	county may require a provider of communications services that
176	places or seeks to place facilities in its roads or rights-of-
177	way to register with the municipality or county and to provide
178	the name of the registrant; the name, address, and telephone
179	number of a contact person for the registrant; the number of the
180	registrant's current certificate of authorization issued by the
181	Florida Public Service Commission, or the Federal Communications
182	Commission, or the Department of State; and proof of insurance
183	or self-insuring status adequate to defend and cover claims. For
184	the purposes of this section, the term "communications service"
185	includes the term "cable service" as defined in s. 610.103(1)
186	and the term "competitive video programming services" as defined
187	in s. 610.118.
188	2.  Notwithstanding the provisions of subparagraph 1., a
189	municipality or county may, as provided by 47 U.S.C. s. 541,
190	award one or more franchises within its jurisdiction for the
191	provision of cable service, and a provider of cable service
192	shall not provide cable service without such franchise. Each
193	municipality and county retains authority to negotiate all terms
194	and conditions of a cable service franchise allowed by federal
195	law and s. 166.046, except those terms and conditions related to
196	franchise fees and the definition of gross revenues or other
197	definitions or methodologies related to the payment or
198	assessment of franchise fees and permit fees as provided in
199	paragraph (c) on providers of cable services. A municipality or
200	county may exercise its right to require from providers of cable
201	service in-kind requirements, including, but not limited to,
202	institutional networks, and contributions for, or in support of,
203	the use or construction of public, educational, or governmental
204	access facilities to the extent permitted by federal law. A
205	provider of cable service may exercise its right to recover any
206	such expenses associated with such in-kind requirements, to the
207	extent permitted by federal law.
208	(e)  The authority of municipalities and counties to
209	require franchise fees from providers of communications
210	services, with respect to the provision of communications
211	services, is specifically preempted by the state, except as
212	otherwise provided in subparagraph (a)2., because of unique
213	circumstances applicable to providers of communications services
214	when compared to other utilities occupying municipal or county
215	roads or rights-of-way. Providers of communications services may
216	provide similar services in a manner that requires the placement
217	of facilities in municipal or county roads or rights-of-way or
218	in a manner that does not require the placement of facilities in
219	such roads or rights-of-way. Although similar communications
220	services may be provided by different means, the state desires
221	to treat providers of communications services in a
222	nondiscriminatory manner and to have the taxes, franchise fees,
223	and other fees paid by providers of communications services be
224	competitively neutral. Municipalities and counties retain all
225	existing authority, if any, to collect franchise fees from users
226	or occupants of municipal or county roads or rights-of-way other
227	than providers of communications services, and the provisions of
228	this subsection shall have no effect upon this authority. The
229	provisions of this subsection do not restrict the authority, if
230	any, of municipalities or counties or other governmental
231	entities to receive reasonable rental fees based on fair market
232	value for the use of public lands and buildings on property
233	outside the public roads or rights-of-way for the placement of
234	communications antennas and towers.
235	(f)  Except as expressly allowed or authorized by general
236	law and except for the rights-of-way permit fees subject to
237	paragraph (c), a municipality or county may not levy on a
238	provider of communications services a tax, fee, or other charge
239	or imposition for operating as a provider of communications
240	services within the jurisdiction of the municipality or county
241	which is in any way related to using its roads or rights-of-way.
242	A municipality or county may not require or solicit in-kind
243	compensation, except as otherwise provided in s. 202.24(2)(c)8.,
244	s. 610.1075(2), or s. 610.113 subparagraph (a)2. Nothing in this
245	paragraph shall impair any ordinance or agreement in effect on
246	May 22, 1998, or any voluntary agreement entered into subsequent
247	to that date, which provides for or allows in-kind compensation
248	by a telecommunications company.
249	Section 4.  Section 337.4061, Florida Statutes, is amended
250	to read:
251	337.4061  Definitions; unlawful use of state-maintained
252	road right-of-way by nonfranchised cable television services.--
253	(1)  As used in this section, the term:
254	(a)  "Cable service" means:
255	1.  The one-way transmission to subscribers of video
256	programming or any other programming service; and
257	2.  Subscriber interaction, if any, which is required for
258	the selection of such video programming or other programming
259	service.
260	(b)  "Cable system" means a facility, consisting of a set
261	of closed transmission paths and associated signal generation,
262	reception, and control equipment that is designed to provide
263	cable service which includes video programming and which is
264	provided to multiple subscribers within a community, but such
265	term does not include:
266	1.  A facility that serves only to retransmit the
267	television signals of one or more television broadcast stations;
268	2.  A facility that serves only subscribers in one or more
269	multiple-unit dwellings under common ownership, control, or
270	management, unless such facility or facilities use any public
271	right-of-way;
272	3.  A facility that serves subscribers without using any
273	public right-of-way;
274	4.3.  A facility of a common carrier that is subject, in
275	whole or in part, to the provisions of 47 U.S.C. ss. 201 et
276	seq., except the specific bandwidths or wavelengths used by that
277	such facility shall be considered a cable system only to the
278	extent such bandwidths or wavelengths are facility is used in
279	the transmission of video programming directly to subscribers,
280	unless the extent of such use is solely to provide interactive
281	on-demand services, in which case the use of such bandwidths or
282	wavelengths is not a cable system; or
283	5.4.  Any facilities of any electric utility used solely
284	for operating its electric utility systems.
285	(c)  "Franchise" means an initial authorization or renewal
286	thereof issued by a franchising authority, whether such
287	authorization is designated as a franchise, permit, license,
288	resolution, contract, certificate, agreement, or otherwise,
289	which authorizes the construction or operation of a cable
290	system.
291	(d)  "Franchising authority" means any governmental entity
292	empowered by federal, state, or local law to grant a franchise.
293	(e)  "Person" means an individual, partnership,
294	association, joint stock company, trust, corporation, or
295	governmental entity.
296	(f)  "Video programming" means programming provided by or
297	generally considered comparable to programming provided by a
298	television broadcast station or cable system.
299	(2)  It is unlawful to use the right-of-way of any state-
300	maintained road, including appendages thereto, and also
301	including, but not limited to, rest areas, wayside parks, boat-
302	launching ramps, weigh stations, and scenic easements, to
303	provide for cable service over a cable system purposes within a
304	geographic area subject to a valid existing franchise for cable
305	service, unless the cable system using such right-of-way holds a
306	franchise from a franchising authority the municipality or
307	county for the area in which the right-of-way is located.
308	(3)  A violation of this section shall be deemed a
309	violation of s. 337.406.
310	Section 5.  Sections 610.102, 610.103, 610.104, 610.105,
311	610.107, 610.1075, 610.108, 610.109, 610.110, 610.111, 610.112,
312	610.113, 610.114, 610.115, 610.116, 610.117, and 610.118,
313	Florida Statutes, are created to read:
314	610.102  Authority to issue cable franchise.--The
315	department shall be designated as the franchising authority,
316	pursuant to 47 U.S.C. s. 522(10), for an ordinance or statutory
317	franchise for the provision of cable service. A municipality or
318	county may not grant a new franchise for the provision of cable
319	service within its jurisdiction after the effective date of this
320	act.
321	610.103  Definitions.--As used in this chapter, the term:
322	(1)  "Cable service" means:
323	(a)  The one-way transmission to subscribers of video
324	programming or any other programming service.
325	(b)  Subscriber interaction, if any, that is required for
326	the selection of such video programming or other programming
327	service.
328	(2)  "Cable service provider" means a person that provides
329	cable service over a cable system.
330	(3)  "Cable system" means a facility consisting of a set of
331	closed transmission paths and associated signal generation,
332	reception, and control equipment that is designed to provide
333	cable service that includes video programming and that is
334	provided to multiple subscribers within a community, but such
335	term does not include:
336	(a)  A facility that serves only to retransmit the
337	television signals of one or more television broadcast stations;
338	(b)  A facility that serves only subscribers in one or more
339	multiple-unit dwellings under common ownership, control, or
340	management, unless such facility or facilities use any public
341	right-of-way;
342	(c)  A facility that serves subscribers without using any
343	public right-of-way;
344	(d)  A facility of a common carrier that is subject, in
345	whole or in part, to the provisions of 47 U.S.C. ss. 201 et
346	seq., except the specific bandwidths or wavelengths over such
347	facility shall be considered a cable system only to the extent
348	such bandwidths or wavelengths are used in the transmission of
349	video programming directly to subscribers, unless the extent of
350	such use is solely to provide interactive on-demand services, in
351	which case it is not a cable system; or
352	(e)  Any facilities of any electric utility used solely for
353	operating its electric utility systems.
354	(4)  "Certificateholder" means a cable service provider
355	that has been issued and holds an ordinance or statutory
356	certificate of franchise authority from the department.
357	(5)  "Department" means the Department of State.
358	(6)  "Franchise" or "franchise authority" means an initial
359	authorization or renewal of an authorization, regardless of
360	whether the authorization is designated as a franchise, permit,
361	license, resolution, contract, certificate, agreement, or
362	otherwise, to construct and operate a cable system in the public
363	right-of-way.
364	(7)  "Incumbent cable service provider" means the cable
365	service provider serving the largest number of cable subscribers
366	in a particular municipal or county franchise area on July 1,
367	2006.
368	(8)  "Public right-of-way" means the area on, below, or
369	above a public roadway, highway, street, sidewalk, or alley,
370	including, but not limited to, a municipal, county, state,
371	district, or other public roadway, highway, street, sidewalk, or
372	alley.
373	(9)  "Video programming" means programming provided by, or
374	generally considered comparable to programming provided by, a
375	television broadcast station as set forth in 47 U.S.C. s.
376	522(20).
377	610.104  Standard cable ordinance; ordinance certificate of
378	franchise authority.--
379	(1)  A municipality or county may enact a standard cable
380	ordinance for the provision of cable service over a cable system
381	within its jurisdiction within 60 days after a request by an
382	entity or person, other than the incumbent cable service
383	provider, seeking to provide cable service over a cable system
384	in whole or in part within that municipality or county but in no
385	event later than January 1, 2007. A municipality must, at least
386	10 days prior to consideration on first reading, and a county
387	must, at least 15 days prior to consideration at a public
388	hearing, provide notice to the Secretary of State of a proposed
389	standard cable ordinance. The notice required by this subsection
390	must be published by the Secretary of State on a designated
391	Internet website.
392	(2)  A standard cable ordinance shall contain each of the
393	terms and conditions set forth in s. 610.107 using the precise
394	language contained in that section. The standard cable ordinance
395	may contain any or all of the provisions in s. 610.1075(1)-(6)
396	and shall not impose any other terms or conditions upon a cable
397	service provider. If a municipality or county enacts a standard
398	cable ordinance within the 60-day period that complies with the
399	requirements of this section, an entity or person seeking to
400	provide cable service over a cable system in whole or in part
401	within that municipality or county shall file its application
402	for an ordinance certificate pursuant to the terms and
403	conditions set forth in s. 610.107 with the municipality or
404	county. Upon determining that an applicant has met the criteria
405	as set forth in s. 610.107, the municipality or county shall
406	immediately issue notice of compliance to the department,
407	whereupon the department shall issue an ordinance certificate of
408	franchise authority that contains all of the terms set forth in
409	s. 610.108(4) within 5 business days. The standard cable
410	ordinance enacted by a municipality or county pursuant to, and
411	in conformance with, the requirements of this chapter shall
412	supersede any existing cable ordinance enacted by the county or
413	municipality with regard to any cable service provider electing
414	to apply for or operating under a standard ordinance
415	certificate. A municipality or county may not change the terms
416	of any ordinance adopted pursuant to this section, except that
417	the municipality or county may change terms adopted pursuant to
418	s. 610.1075 after a period of 10 years after the date of initial
419	enactment of the standard ordinance and every 10 years
420	thereafter, subject to the limits set forth in s. 610.1075(1)-
421	(6).
422	610.105  Statutory certificate.--In the event a
423	municipality or county fails to enact the standard cable
424	ordinance permitted by s. 610.104 within 60 days after a request
425	or before January 1, 2007, whichever is earlier, or fails to
426	provide notice of compliance with the department to allow the
427	department to issue an ordinance certificate pursuant to the
428	standard cable ordinance within the period set forth in s.
429	610.107(3), an entity or person seeking to provide cable service
430	over a cable system in whole or in part within that municipality
431	or county shall file for a statutory certificate of franchise
432	authority with the department as set forth in s. 610.108. If a
433	municipality or county disputes that its ordinance fails to
434	comply with the requirements of s. 610.104 or disputes that it
435	has failed to notify the department to issue an ordinance
436	certificate within the period set forth in s. 610.107(3), the
437	statutory certificate of franchise authority shall govern until
438	the dispute is resolved and the municipality or county notifies
439	the department to issue an ordinance certificate pursuant to a
440	valid standard cable ordinance.
441	610.107  Required provisions of standard cable
442	ordinance.--A municipality or county electing to enact a
443	standard cable ordinance pursuant to s. 610.104 must adopt the
444	provisions set forth in subsections (1)-(11) using the precise
445	language set forth in those subsections, except as otherwise
446	indicated in brackets, and may not include any other terms or
447	conditions:
448	(1)  An entity or person seeking to provide cable service
449	over a cable system located in whole or in part within [the
450	applicable municipality or county] must submit to [the
451	applicable municipal or county agency] an affidavit signed by an
452	officer or general partner of the applicant affirming:
453	(a)  That the applicant has filed or will timely file with
454	the Federal Communications Commission all forms required by that
455	agency in advance of offering cable service in this state.
456	(b)  That the applicant agrees to comply with all
457	applicable federal and state laws and regulations, to the extent
458	that such state laws and rules are not in conflict with or
459	superseded by the provisions of chapter 610 and s. 337.401,
460	Florida Statutes, or other applicable state law.
461	(c)  That the applicant agrees to comply with all lawful
462	state laws and rules and municipal and county ordinances and
463	regulations regarding the placement and maintenance of
464	communications facilities in the public right-of-way that are
465	generally applicable to providers of communications services in
466	accordance with s. 337.401, Florida Statutes.
467	(d)  A description of the service area for which the
468	applicant seeks certificate of franchise authority, which need
469	not be coextensive with municipal, county, or other political
470	boundaries.
471	(e)  The location of the applicant's principal place of
472	business and the names of the applicant's principal executive
473	officers.
474	(f)  That the applicant is authorized to do business in the
475	state.
476	(g)  That the applicant has sufficient technical,
477	financial, and managerial capability to provide cable service
478	within the service area for which the applicant seeks a
479	certificate of franchise authority. At the time of the filing of
480	the affidavit, the applicant shall furnish its most recent
481	unqualified audited financial statement if a publicly available
482	audited financial report for the applicant or its parent entity
483	is not available.
484	(h)  That neither the applicant nor any of its current
485	principal executive officers are under indictment or have been
486	convicted of a felony in this state.
487	(2)  Before the 10th business day after an applicant for a
488	certificate of franchise authority submits the affidavit
489	described in subsection (1), the [applicable municipal or county
490	agency] shall notify the applicant whether the applicant's
491	affidavit is complete. If the [applicable municipal or county
492	agency] finds that the application is incomplete, the
493	[applicable municipal or county agency] must specify with
494	particularity the corrective action required and permit the
495	applicant to amend the application to cure any deficiency.
496	(3)  The [applicable municipal or county agency] shall
497	provide a notice of compliance to the Department of State before
498	the 15th business day after receipt of an affidavit submitted by
499	an applicant pursuant to subsection (1), except that, if the
500	[applicable municipal or county agency] provides notice before
501	the 10th business day after receipt of the affidavit that the
502	affidavit is not complete pursuant to subsection (2), the
503	[applicable municipal or county agency] shall submit a notice of
504	compliance to the Department of State within 5 business days
505	after receipt of an amended affidavit.
506	(4)  After the Department of State issues an ordinance
507	certificate of franchise authority pursuant to s. 610.104,
508	Florida Statutes, the applicant shall have the right to provide
509	cable service over a cable system as requested in the affidavit
510	and shall have the right to construct, maintain, and operate
511	facilities through, upon, over, and under any public right-of-
512	way or waters within [the applicable municipality or county].
513	(5)  A certificateholder may include additional service
514	areas within [the applicable municipality or county] in its
515	current ordinance certificate by filing notice with the
516	[applicable municipal or county agency] and the Department of
517	State that reflects the new service area or areas to be served.
518	(6)  The ordinance certificate is fully transferable to any
519	successor in interest to the applicant to which the certificate
520	is initially granted. A notice of transfer shall be filed with
521	the [applicable municipal or county agency] and the Department
522	of State within 14 business days following the completion of
523	such transfer.
524	(7)  The certificate of franchise authority issued by the
525	department may be terminated by the cable service provider by
526	submitting notice to the [applicable municipal or county agency]
527	and the Department of State.
528	(8)  An applicant may challenge a denial of an application
529	or any failure to act by the [applicable municipal or county
530	agency] in a court of competent jurisdiction through a petition
531	for a writ of mandamus.
532	(9)  The [applicable municipal or county agency] may adopt
533	a standard application form, in which case the application shall
534	be on such form.
535	(10)  For the purposes of this ordinance, the definitions
536	set forth in s. 610.103, Florida Statutes, shall apply.
537	(11)  After [the effective date of this ordinance], a cable
538	service provider operating under a franchise agreement granted
539	by [the applicable municipality or county] prior to [the
540	effective date of this ordinance] may elect to terminate its
541	existing franchise agreement pursuant to s. 610.109, Florida
542	Statutes, and obtain an ordinance franchise hereunder.
543	610.1075  Optional provisions of standard cable
544	ordinance.--A municipality or county electing to enact a
545	standard cable ordinance pursuant to s. 610.104 may include
546	provisions that:
547	(1)  Establish the number of public, educational, and
548	governmental access channels that each cable service provider
549	must provide, upon request, to the municipality or county, as
550	follows:
551	(a)  A municipality or county may require an ordinance
552	certificateholder, within 180 days following a request from such
553	municipality or county, to designate a sufficient amount of
554	capacity on its network to allow the provision of a comparable
555	number of public, educational, and governmental access channels
556	or capacity equivalent that a municipality or county has
557	activated under the incumbent cable service provider's franchise
558	agreement as of January 1, 2006, or the number of channels or
559	capacity set forth in paragraph (b), whichever is greater. For
560	the purposes of this section, a public, educational, or
561	governmental channel is deemed activated if the channel is being
562	used for public, educational, or governmental programming within
563	the municipality or county for at least 4 hours per day. The
564	municipality or county may require, within 180 days following a
565	request from such municipality or county, additional channels or
566	capacity up to the equivalent permitted under the incumbent
567	cable service provider's franchise agreement as of January 1,
568	2006, upon a showing that activated channels are substantially
569	used, as set forth in s. 610.113(5).
570	(b)  If a municipality or county did not have public,
571	educational, or governmental access channels activated under the
572	incumbent cable service provider's franchise agreement as of
573	January 1, 2006, the municipality or county may require the
574	ordinance certificateholder to furnish, not later than 180 days
575	following a request by the municipality or county:
576	1.  Up to three public, educational, or governmental
577	channels or capacity equivalent for a municipality or county
578	with a population of at least 50,000.
579	2.  Up to two public, educational, or governmental channels
580	or capacity equivalent for a municipality or county with a
581	population of less than 50,000.
582	(c)  All other provisions of s. 610.113 shall apply to the
583	provision of public, educational, or governmental access
584	channels by an ordinance certificateholder.
585	(2)  Require the ordinance certificateholder to make cash
586	payments as follows:
587	(a)  To the extent that the municipality or county was
588	entitled on July 1, 2006, to receive recurring cash payments on
589	a per subscriber basis to support the capital costs of public,
590	educational, and governmental access facilities pursuant to the
591	terms of the incumbent cable service provider's franchise, the
592	municipality or county may require an ordinance
593	certificateholder to make the same recurring cash payments on a
594	per subscriber basis until the expiration date set forth in the
595	incumbent cable service provider's franchise agreement existing
596	as of July 1, 2006, regardless of whether the incumbent cable
597	service provider's franchise agreement is terminated pursuant to
598	s. 610.109(4). Thereafter, the municipality or county may
599	require an ordinance certificateholder to pay to the
600	municipality or county an amount not to exceed 1 percent of the
601	certificateholder's sales price as defined in s. 202.11(13) for
602	the retail sale of cable services provided to customers located
603	within the respective municipal or county boundaries, based upon
604	the certificateholder's books and records. Such payments may
605	only be used by the municipality or county to support the
606	capital costs incurred by the municipality or county for public,
607	educational, or governmental access facilities. All payments
608	made pursuant to this subsection shall be made in the same
609	manner as and as a part of the certificateholder's payment of
610	communications services tax pursuant to s. 202.27, and all
611	definitions, exemptions, and administrative provisions of
612	chapter 202 shall apply to such payments.
613	(b)  If the municipality or county was not entitled on July
614	1, 2006, to receive recurring cash payments on a per subscriber
615	basis to support the capital costs of public, educational, and
616	governmental access facilities pursuant to the terms of the
617	incumbent cable service provider's franchise, or if the
618	municipality or county elects not to require payments under
619	paragraph (a), the municipality or county may require an
620	ordinance certificateholder to pay to the municipality or county
621	an amount not to exceed 1 percent of the certificateholder's
622	sales price as defined in s. 202.11(13) for the retail sale of
623	cable services provided to customers located within the
624	respective municipal or county boundaries, based upon the
625	certificateholder's books and records. Such payments may only be
626	used by the municipality or county to support the capital costs
627	incurred by the municipality or county for public, educational,
628	or governmental access facilities. All payments made pursuant to
629	this subsection shall be made in the same manner as and as a
630	part of the certificateholder's payment of communications
631	services tax pursuant to s. 202.27, and all definitions,
632	exemptions, and administrative provisions of chapter 202 shall
633	apply to such payments.
634	(3)  Require each ordinance certificateholder, if requested
635	pursuant to a bona fide order for cable service, to make cable
636	service available at each building used for municipal or county
637	purposes, including, but not limited to, emergency operations
638	centers, fire stations, and public schools within the area
639	described in its application under s. 610.107(1)(d), within 5
640	years after the date of the issuance of its certificate by the
641	municipality or county. Such provisions must permit the
642	ordinance certificateholder to satisfy this obligation using the
643	technology of its choice.
644	(4)  Identify and cross-reference other municipal and
645	county ordinances and regulations regarding the placement and
646	maintenance of communications facilities in the public right-of-
647	way with which each ordinance certificateholder must comply. Any
648	other ordinance and regulation identified and cross-referenced
649	in the standard cable ordinance shall be generally applicable to
650	all providers of communications services in accordance with s.
651	337.401.
652	(5)  Require an incumbent cable service provider to comply
653	with customer service requirements reasonably comparable to, and
654	that do not exceed, the standards in 47 C.F.R. s. 76.309(c).
655	Such requirements shall only apply until there are two or more
656	providers offering service, excluding direct-to-home satellite
657	service, in the relevant service area. In addition, the
658	municipality or county may require that cable service quality
659	complaints from customers of an ordinance certificateholder
660	within the jurisdiction of the municipality or county be filed
661	with an appropriate municipal or county office or agency. This
662	subsection shall not be construed to permit the municipality or
663	county to impose customer service standards in conflict with
664	this section. The municipality or county must require the
665	applicable municipal or county agency to address customer
666	service complaints expeditiously by assisting with the
667	resolution of such complaints between the complainant and the
668	certificateholder.
669	(6)  Require an ordinance certificateholder to update the
670	information contained in the original application for an
671	ordinance certificate no more frequently than once every 3
672	years.
673	610.108  Application process; statutory certificate of
674	franchise authority.--When a person or entity applies for a
675	statutory certificate of franchise authority under s. 610.105,
676	the following provisions apply:
677	(1)  Before the 10th business day after an applicant for a
678	certificate of franchise authority submits the affidavit
679	described in subsection (2), the department shall notify the
680	applicant whether the applicant's affidavit is complete. If the
681	department denies the application, the department must specify
682	with particularity the reasons for the denial and permit the
683	applicant to amend the application to cure any deficiency. The
684	department shall act upon such amended application within 5
685	business days.
686	(2)  The department shall issue a certificate of franchise
687	authority to offer cable service before the 15th business day
688	after receipt of a completed affidavit submitted by an applicant
689	and signed by an officer or general partner of the applicant
690	affirming:
691	(a)  That the applicant has filed or will timely file with
692	the Federal Communications Commission all forms required by that
693	agency in advance of offering cable service in this state.
694	(b)  That the applicant agrees to comply with all
695	applicable federal and state laws and regulations, to the extent
696	that such state laws and rules are not in conflict with or
697	superseded by the provisions of this chapter or other applicable
698	state law.
699	(c)  That the applicant agrees to comply with all lawful
700	state laws and rules and municipal and county ordinances and
701	regulations regarding the placement and maintenance of
702	communications facilities in the public right-of-way that are
703	generally applicable to providers of communications services in
704	accordance with s. 337.401.
705	(d)  A description of the service area for which the
706	applicant seeks a certificate of franchise authority, which need
707	not be coextensive with municipal, county, or other political
708	boundaries.
709	(e)  The location of the applicant's principal place of
710	business and the names of the applicant's principal executive
711	officers.
712	(f)  That the applicant is authorized by the department to
713	transact business in this state.
714	(g)  That the applicant has sufficient technical,
715	financial, and managerial capability to provide cable service
716	within the service area for which the applicant seeks a
717	certificate of franchise authority. At the time of the filing of
718	the affidavit, the applicant shall furnish its most recent
719	unqualified audited financial statement if a publicly available
720	audited financial report for the applicant or its parent entity
721	is not available.
722	(h)  That neither the applicant nor any of its current
723	principal executive officers are under indictment nor have been
724	convicted of a felony in this state.
725	(3)  If the department fails to act on the application
726	within 30 business days after receiving the application, the
727	application shall have been deemed granted by the department
728	without further action.
729	(4)  The certificate of franchise authority issued by the
730	department shall contain:
731	(a)  A grant of authority to provide cable service over a
732	cable system as requested in the application.
733	(b)  A grant of authority to construct, maintain, and
734	operate facilities through, upon, over, and under any public
735	right-of-way.
736	(c)  A statement that the grant of authority is subject to
737	lawful operation of the cable system to provide cable service by
738	the applicant or its successor in interest.
739	(5)  A certificateholder that seeks to include additional
740	service areas in its current certificate shall file notice with
741	the department that reflects the new service area or areas to be
742	served.
743	(6)  The certificate of franchise authority issued by the
744	department is fully transferable to any successor in interest to
745	the applicant to which the certificate is initially granted. A
746	notice of transfer shall be filed with the department and the
747	relevant municipality or county within 14 business days
748	following the completion of such transfer.
749	(7)  The certificate of franchise authority issued by the
750	department may be terminated by the cable service provider by
751	submitting notice to the department.
752	(8)  An applicant may challenge a denial of an application
753	by the department in a court of competent jurisdiction through a
754	petition for a writ of mandamus.
755	(9)  The department may adopt any procedural rules and
756	regulations pursuant to ss. 120.536(1) and 120.54 necessary to
757	implement this section. Failure of an applicant to comply with
758	procedural rules and regulations adopted by the department to
759	implement this section shall not be a basis for denial of a
760	certificate if the affidavit is submitted before the department
761	adopts such procedural rules and regulations.
762	(10)  The department may revoke an ordinance or statutory
763	certificate of franchise authority for any area as to which a
764	court of competent jurisdiction finds, pursuant to s. 610.117,
765	that a certificateholder is in noncompliance with the
766	requirements of this chapter after notice and a reasonable time
767	to cure the noncompliance.
768	(11)  The department may establish a standard application
769	form and if such a form is created, applications shall be on
770	such form and must be accompanied by a one-time application fee
771	established by the department, not to exceed $10,000. The fee
772	shall be based on the costs incurred by the department in
773	performing its duties under the provisions of ss. 610.102-
774	610.118.
775	(12)  Beginning 3 years after approval of the
776	certificateholder's initial ordinance or statutory certificate
777	of franchise, and every 3 years thereafter, the
778	certificateholder shall update the information contained in the
779	original application for a certificate of franchise. At the time
780	of the filing of the information update, the certificateholder
781	shall pay a processing fee, not to exceed $1,000, for the costs
782	incurred by the department in the handling of the information
783	update.
784	(13)  Beginning 10 years after approval of the
785	certificateholder's initial ordinance or statutory certificate
786	of franchise, and every 10 years thereafter, the
787	certificateholder shall file a renewal notice accompanied by an
788	affidavit that contains the information required by subsection
789	(4). At the time of the filing of the renewal notice, the
790	certificateholder shall pay a fee, not to exceed $10,000,
791	established by the department. The certificateholder may elect
792	to renew any or all of its ordinance and statutory certificates
793	in a single filing with the department subject to a single
794	filing fee. The fee shall be based on the costs incurred by the
795	department in performing its duties under this subsection. Upon
796	receipt of the notice of renewal and payment of the fee, the
797	certificates shall be deemed automatically renewed unless the
798	department files a notice of deficiency within 30 days. The
799	certificateholder shall have 30 days to cure any deficiency in
800	its renewal notice. A deficiency with respect to a particular
801	municipality or county shall not affect the renewal of the
802	certificates with respect to any other service area.
803	610.109  Eligibility of incumbent cable provider for
804	ordinance or statutory certificate of franchise authority.--
805	(1)  Except as provided in subsection (4), an incumbent
806	cable service provider that has an existing, unexpired franchise
807	to provide cable service with respect to a municipality or
808	county as of July 1, 2006, is not eligible to seek an ordinance
809	or statutory certificate of franchise authority under this
810	chapter as to that municipality or county until the expiration
811	date of the existing franchise agreement.
812	(2)  For purposes of this section, a cable service provider
813	will be deemed to have or have had a franchise to provide cable
814	service in a specific municipality or county if any affiliate or
815	successor entity of the cable service provider has or had a
816	franchise agreement granted by that specific municipality or
817	county.
818	(3)  For purposes of this section, the term "affiliate or
819	successor entity" refers to an entity receiving, obtaining, or
820	operating under a franchise that directly or indirectly owns or
821	controls, is owned or controlled by, or is under common
822	ownership or control with the cable service provider.
823	(4)  Notwithstanding subsection (1), a cable service
824	provider may elect to terminate an existing municipal or county
825	franchise and seek an ordinance or statutory certificate of
826	franchise authority with respect to such municipality or county
827	on January 1, 2007, or the date on which such municipality or
828	county adopts a standard ordinance pursuant to s. 610.104,
829	whichever is earlier. The cable service provider may terminate
830	its existing franchise under this subsection by providing
831	written notice to the Secretary of State and the affected
832	municipality or county within 180 days following the issuance of
833	the ordinance or statutory certificate of franchise authority to
834	the nonincumbent cable service provider. The municipal or county
835	franchise is terminated on the date the ordinance or statutory
836	certificate of franchise authority is granted with respect to
837	such municipality or county to the cable service provider.
838	610.110  Franchise fee prohibited.--Except as otherwise
839	provided in this chapter, the department may not impose any
840	taxes, fees, charges, or other impositions on a cable service
841	provider as a condition for the issuance of an ordinance or
842	statutory certificate of franchise authority. Except as
843	otherwise provided in this chapter, no municipality or county
844	may impose any taxes, fees, charges, or other exactions on
845	certificateholders in connection with use of public right-of-way
846	as a condition of a certificateholder doing business in the
847	municipality or county, or otherwise, except such taxes, fees,
848	charges, or other exactions permitted by chapter 202, s.
849	337.401(6), and this chapter.
850	610.111  Buildout.--Except as otherwise provided in s.
851	610.1075(3), no franchise authority, state agency, or political
852	subdivision may impose any buildout requirements on a
853	certificateholder. However, each certificateholder, if requested
854	pursuant to a bona fide order for cable service, shall make
855	cable service available at each building used for municipal or
856	county purposes, including, but not limited to, emergency
857	operations centers, fire stations, and public schools within the
858	area described in its application under s. 610.108(2)(d), as
859	applicable, within 5 years after the date of the issuance of its
860	certificate by the department, using the technology of its
861	choice.
862	610.112  Customer service standards.--
863	(1)  An incumbent cable service provider shall comply with
864	customer service requirements reasonably comparable to, and that
865	do not exceed, the standards in 47 C.F.R. s. 76.309(c) until
866	there are two or more providers offering service, excluding
867	direct-to-home satellite service, in the relevant service area.
868	(2)  The Department of Agriculture and Consumer Services
869	shall receive service quality complaints from customers of a
870	statutory certificateholder. The Department of Agriculture and
871	Consumer Services may adopt any procedural rules pursuant to ss.
872	120.536(1) and 120.54 necessary to implement this section.
873	(3)  The Department of Agriculture and Consumer Services
874	shall address customer service complaints expeditiously by
875	assisting with the resolution of such complaints between the
876	complainant and the certificateholder.
877	610.113  Public, educational, and governmental access
878	channels.--
879	(1)  A certificateholder, not later than 180 days following
880	a request by a municipality or county within whose jurisdiction
881	the certificateholder is providing cable service, shall
882	designate a sufficient amount of capacity on its network to
883	allow the provision of public, educational, and governmental
884	access channels for noncommercial programming as set forth in
885	this section and in a municipal or county franchise pursuant to
886	s. 610.1075(1).
887	(2)  A certificateholder shall designate a sufficient
888	amount of capacity on its network to allow the provision of a
889	comparable number of public, educational, and governmental
890	access channels or capacity equivalent that a municipality or
891	county has activated under the incumbent cable service
892	provider's franchise agreement as of July 1, 2006, or the number
893	of channels or capacity set forth in paragraphs (3)(a) and (b),
894	whichever is greater. For the purposes of this section, a
895	public, educational, or governmental channel is deemed activated
896	if the channel is being used for public, educational, or
897	governmental programming within the municipality or county for
898	at least 4 hours per day. The municipality or county may request
899	additional channels or capacity up to the equivalent permitted
900	under the incumbent cable service provider's franchise agreement
901	as of January 1, 2006, upon a showing that active channels are
902	substantially used, as set forth in subsection (5). Except as
903	provided in subsections (3)-(5), the certificateholder's
904	obligations under this subsection continue regardless of whether
905	the incumbent cable service provider, subsequent to July 1,
906	2006, becomes a certificateholder pursuant to this chapter.
907	(3)  If a municipality or county did not have public,
908	educational, or governmental access channels activated under the
909	incumbent cable service provider's franchise agreement as of
910	July 1, 2006, not later than 180 days following a request by the
911	municipality or county within whose jurisdiction a
912	certificateholder is providing cable service, the cable service
913	provider shall furnish:
914	(a)  Up to three public, educational, or governmental
915	channels or capacity equivalent for a municipality or county
916	with a population of at least 50,000.
917	(b)  Up to two public, educational, or governmental
918	channels or capacity equivalent for a municipality or county
919	with a population of less than 50,000.
920	(4)  Any public, educational, or governmental channel
921	provided pursuant to this section that, within 6 months after it
922	is initially provided, is not used by the municipality or county
923	for at least 10 hours a day shall no longer be made available to
924	the municipality or county but may be programmed at the cable
925	service provider's discretion. At such time as the municipality
926	or county can certify to the cable service provider a schedule
927	for at least 10 hours of daily programming, the cable service
928	provider shall restore the previously lost channel but shall be
929	under no obligation to carry that channel on a basic or analog
930	tier.
931	(5)  If a municipality or county has not used the number of
932	access channels or capacity equivalent permitted by subsection
933	(2) or subsection (3), access to the additional channels or
934	capacity equivalent allowed in subsection (2) or subsection (3)
935	shall be provided upon 180 days' written notice if the
936	municipality or county meets the following standard:
937	(a)  If a municipality or county has one active public,
938	educational, or governmental channel and wishes to activate an
939	additional public, educational, or governmental channel, the
940	initial channel shall be considered to be substantially used
941	when 12 hours are programmed on that channel each calendar day.
942	In addition, at least 40 percent of the 12 hours of programming
943	for each business day on average over each calendar quarter must
944	be nonrepeat programming. Nonrepeat programming shall include
945	the first three videocastings of a program.
946	(b)  If a municipality or county is entitled to three
947	public, educational, or governmental channels under subsection
948	(3) and has in service two active public, educational, or
949	governmental channels, each of the two active channels shall be
950	considered to be substantially used when 12 hours are programmed
951	on each channel each calendar day and at least 50 percent of the
952	12 hours of programming for each business day on average over
953	each calendar quarter is nonrepeat programming for three
954	consecutive calendar quarters.
955	(6)  The operation of any public, educational, or
956	governmental access channel or capacity equivalent provided
957	under this section shall be the responsibility of the
958	municipality or county receiving the benefit of such channel or
959	capacity equivalent, and a certificateholder bears only the
960	responsibility for the transmission of such channel content. A
961	certificateholder shall be responsible for providing the
962	connectivity to each public, educational, or governmental access
963	channel distribution point up to the first 200 feet.
964	(7)  The municipality or county shall ensure that all
965	transmissions, content, or programming to be transmitted over a
966	channel or facility by a certificateholder are provided or
967	submitted to the cable service provider in a manner or form that
968	is capable of being accepted and transmitted by a provider
969	without any requirement for additional alteration or change in
970	the content by the provider over the provider's network and is
971	compatible with the technology or protocol used by the cable
972	service provider to deliver services. The provision of public,
973	educational, or governmental content to the provider constitutes
974	authorization for the provider to carry such content, including,
975	at the provider's option, authorization to carry the content
976	beyond the jurisdictional boundaries of the municipality or
977	county.
978	(8)  Where technically feasible, a certificateholder and an
979	incumbent cable service provider shall use reasonable efforts to
980	interconnect their cable systems for the purpose of providing
981	public, educational, and governmental programming.
982	Interconnection may be accomplished by direct cable, microwave
983	link, satellite, or other reasonable method of connection.
984	Certificateholders and incumbent cable service providers shall
985	negotiate in good faith and incumbent cable service providers
986	may not withhold interconnection of public, educational, and
987	governmental channels.
988	(9)  A certificateholder is not required to interconnect
989	for, or otherwise transmit, public, educational, and
990	governmental content that is branded with the logo, name, or
991	other identifying marks of another cable service provider, and a
992	municipality or county may require a cable service provider to
993	remove its logo, name, or other identifying marks from public,
994	educational, and governmental content that is to be made
995	available to another provider.
996	(10)  A court of competent jurisdiction shall have
997	exclusive jurisdiction to enforce any requirement under this
998	section.
999	(11)  In support of the capital costs incurred by the
1000	municipality or county in connection with the construction or
1001	operation of public, educational, or governmental access
1002	facilities and content provided by a municipality or county
1003	pursuant to this section, the certificateholder shall pay to the
1004	municipality or county 1 percent of the certificateholder's
1005	sales price, as defined in s. 202.11(13), for the retail sale of
1006	cable services provided to customers located within the
1007	respective municipal or county boundaries, based upon the
1008	certificateholder's books and records, for a period of 2 years
1009	after the date the department issues a certificate to the
1010	certificateholder. After the expiration of the 2-year period,
1011	the certificateholder shall pay and the municipality or county
1012	shall continue to receive up to 1 percent of such sales price in
1013	support of the capital costs incurred by the municipality or
1014	county in connection with the construction or operation of
1015	public, educational, or governmental access facilities and
1016	content provided by the municipality or county only if the
1017	governing body of the municipality or county affirmatively
1018	approves such continued payment. Upon such affirmative vote of
1019	approval, the certificateholder may recover from the customer
1020	its costs of the payment through a separately stated charge on
1021	the customer's bill. All payments made pursuant to this
1022	subsection shall be made in the same manner as, and as a part
1023	of, the certificateholder's payment of communications services
1024	tax pursuant to s. 202.27, and all definitions, exemptions, and
1025	administrative provisions of chapter 202 shall apply to such
1026	payments.
1027	610.114  Nondiscrimination by municipality or county.--
1028	(1)  A municipality or county shall allow a
1029	certificateholder to install, construct, and maintain a network
1030	within a public right-of-way and shall provide a
1031	certificateholder with nondiscriminatory and competitively
1032	neutral access to the public right-of-way in accordance with the
1033	provisions of s. 337.401. All use of a public right-of-way by a
1034	certificateholder is nonexclusive.
1035	(2)  A municipality or county may not discriminate against
1036	a certificateholder regarding:
1037	(a)  The authorization or placement of a network in a
1038	public right-of-way;
1039	(b)  Access to a building or other property; or
1040	(c)  Utility pole attachment terms.
1041	(3)  Except as expressly provided in this chapter, nothing
1042	contained in this chapter shall be construed to limit or
1043	abrogate the municipality's or county's authority over the use
1044	of public right-of-way under its jurisdiction, as set forth in
1045	s. 337.401(3)(a).
1046	610.115  Limitation on local authority.--
1047	(1)  A municipality or county may not impose additional
1048	requirements on a certificateholder, including, but not limited
1049	to, financial, operational, and administrative requirements,
1050	except as expressly permitted by this chapter. A municipality or
1051	county may not impose on activities of a certificateholder a
1052	requirement:
1053	(a)  That particular business offices be located in the
1054	municipality or county;
1055	(b)  Regarding the filing of reports and documents with the
1056	municipality or county that are not required by state or federal
1057	law and that are not related to the use of the public right-of-
1058	way. Reports and documents other than schematics indicating the
1059	location of facilities for a specific site that are provided in
1060	the normal course of the municipality's or county's permitting
1061	process, that are authorized by s. 337.401 for communications
1062	services providers, or that are otherwise required in the normal
1063	course of such permitting process shall not be considered
1064	related to the use of the public right-of-way for communications
1065	services providers. A municipality or county may not request
1066	information concerning the capacity or technical configuration
1067	of a certificateholder's facilities;
1068	(c)  For the inspection of a certificateholder's business
1069	records; or
1070	(d)  For the approval of transfers of ownership or control
1071	of a certificateholder's business, except a municipality or
1072	county may require a certificateholder to provide notice of a
1073	transfer within a reasonable time.
1074	(2)  Notwithstanding any other provision of law, a
1075	municipality or county may require the issuance of a permit in
1076	accordance with and subject to s. 337.401 to a certificateholder
1077	that is placing and maintaining facilities in or on a public
1078	right-of-way in the municipality or county. In accordance with
1079	s. 337.402, the permit may require the permitholder to be
1080	responsible, at the permitholder's expense, for any damage
1081	resulting from the issuance of such permit and for restoring the
1082	public right-of-way to a substantially similar condition to that
1083	of the public right-of-way before installation of such
1084	facilities. The terms of the permit shall be consistent with
1085	construction permits issued to other providers of communications
1086	services placing or maintaining communications facilities in a
1087	public right-of-way.
1088	610.116  Discrimination prohibited.--
1089	(1)  The purpose of this section is to prevent
1090	discrimination among potential residential subscribers.
1091	(2)  Pursuant to 47 U.S.C. s. 541(a)(3), a
1092	certificateholder may not deny access to service to any group of
1093	potential residential subscribers because of the income of the
1094	residents in the local area in which such group resides.
1095	(3)  An affected person may seek enforcement of the
1096	requirements provided by subsection (2) by initiating a
1097	proceeding with the Department of Agriculture and Consumer
1098	Services pursuant to s. 570.544.
1099	(4)  For purposes of determining whether a
1100	certificateholder has violated subsection (2), cost, density,
1101	distance, and technological or commercial limitations shall be
1102	taken into account, and the certificateholder shall have a
1103	reasonable time to deploy service pursuant to 47 U.S.C. s.
1104	541(a)(4)(A). Use of an alternative technology that provides
1105	comparable content, service, and functionality may not be
1106	considered a violation of subsection (2). The inability to serve
1107	an end user because a certificateholder is prohibited from
1108	placing its own facilities in a building or property is not a
1109	violation of subsection (2). This section may not be construed
1110	to authorize any buildout requirements on a certificateholder.
1111	(5)  The Department of Agriculture and Consumer Services
1112	may adopt any procedural rules pursuant to ss. 120.536(1) and
1113	120.54 necessary to implement this section.
1114	610.117  Compliance.--If a certificateholder is found by a
1115	court of competent jurisdiction to not comply with the
1116	requirements of this chapter, the certificateholder shall have a
1117	reasonable period of time, as specified by the court, to cure
1118	such noncompliance.
1119	610.118  Applicability to competitive video programming
1120	services.--A provider of competitive video programming services
1121	shall apply for and obtain an ordinance or statutory certificate
1122	of franchise authority under ss. 610.102-610.118, including all
1123	rights and obligations associated therewith, before providing
1124	service in the state, notwithstanding that competitive video
1125	programming service is not a cable service as defined s.
1126	610.103. For purposes of ss. 610.102-610.118, the term
1127	"competitive video programming services" means video programming
1128	provided through wireline facilities located at least in part of
1129	the public right-of-way without regard to delivery technology,
1130	including Internet protocol technology, provided that this
1131	definition does not include any video programming provided by a
1132	cable service operator; any video programming provided via an
1133	Internet access service, as that term is defined in 47 U.S.C. s.
1134	231(e)(4); or any video programming service provided by a
1135	commercial mobile service provider defined in 47 U.S.C. s.
1136	322(b).
1137	Section 6.  Reports to the Legislature.--On December 1,
1138	2009, the Office of Program Policy Analysis and Governmental
1139	Accountability shall submit to the President of the Senate, the
1140	Speaker of the House of Representatives, and the majority and
1141	minority leaders of the Senate and House of Representatives a
1142	report on the status of competition in the cable service
1143	industry, including, by each municipality and county, the number
1144	of cable service providers, the number of cable subscribers
1145	served, the number of areas served by fewer than two cable
1146	service providers, the trend in cable prices, and the
1147	identification of any patterns of service as they impact
1148	demographic and income groups.
1149	Section 7.  Severability.--If any provision of ss. 610.102-
1150	610.102-610.118, Florida Statutes, or the application thereof to
1151	any person or circumstance is held invalid, such invalidity
1152	shall not affect other provisions or applications of ss.
1153	610.102-610.118, Florida Statutes, that can be given effect
1154	without the invalid provision or application, and to this end
1155	the provisions of ss. 610.102-610.118, Florida Statutes, are
1156	severable.
1157	Section 8.  Section 166.046, Florida Statutes, is repealed.
1158	Section 9.  Paragraph (a) of subsection (3) of section
1159	350.81, Florida Statutes, is amended to read:
1160	350.81  Communications services offered by governmental
1161	entities.--
1162	(3)(a)  A governmental entity that provides a cable service
1163	shall comply with the Cable Communications Policy Act of 1984,
1164	47 U.S.C. ss. 521 et seq., the regulations issued by the Federal
1165	Communications Commission under the Cable Communications Policy
1166	Act of 1984, 47 U.S.C. ss. 521 et seq., and all applicable state
1167	and federal rules and regulations, including, but not limited
1168	to, s. 166.046 and those provisions of chapters 202, 212, and
1169	337, and 610 which apply to a provider of the services.
1170	Section 10.  Section 364.0361, Florida Statutes, is amended
1171	to read:
1172	364.0361  Local government authority; nondiscriminatory
1173	exercise.--A local government shall treat each
1174	telecommunications company in a nondiscriminatory manner when
1175	exercising its authority to grant franchises to a
1176	telecommunications company or to otherwise establish conditions
1177	or compensation for the use of rights-of-way or other public
1178	property by a telecommunications company. A local government may
1179	not directly or indirectly regulate the terms and conditions,
1180	including, but not limited to, the operating systems,
1181	qualifications, services, service quality, service territory,
1182	and prices, applicable to or in connection with the provision of
1183	any voice-over-Internet protocol, regardless of the platform,
1184	provider, or protocol, broadband or information service. This
1185	section does not relieve a provider from any obligations under
1186	s. 166.046 or s. 337.401.
1187	Section 11.  The recurring sum of $850,116 is appropriated
1188	from the General Revenue Fund, with 15 FTE and 618,721 in salary
1189	rate, to the Division of Corporations of the Department of State
1190	to implement the provisions of this act.
1191	Section 12.  Any deed restriction or restrictive covenant
1192	recorded prior to July 1, 2006, with respect to a parcel of land
1193	zoned for and occupied by a single family dwelling that requires
1194	the owner of the parcel of land to purchase cable service from a
1195	particular provider to the exclusion of other cable service
1196	providers may be voided at the option of the purchaser of the
1197	parcel at the time of sale.
1198	Section 13.  This act shall take effect July 1, 2006.

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