Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS/CS/HB 529 (c2)
                        Barcode 181662
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: 11/RE/3R         .                    
       04/27/2007 07:52 PM         .                    
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11  Senator Bennett moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 14, line 381 through page 25, line 685, delete
15  those lines
16  
17  and insert:  
18         the selection or use of such video programming or other
19  programming service.
20         (2)  "Cable service provider" means a person that
21  provides cable service over a cable system.
22         (3)  "Cable system" means a facility consisting of a
23  set of closed transmission paths and associated signal
24  generation, reception, and control equipment that is designed
25  to provide cable service that includes video programming and
26  that is provided to multiple subscribers within a community,
27  but such term does not include:
28         (a)  A facility that serves only to retransmit the
29  television signals of one or more television broadcast
30  stations;
31         (b)  A facility that serves only subscribers in one or
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Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/CS/HB 529 (c2) Barcode 181662 1 more multiple-unit dwellings under common ownership, control, 2 or management, unless such facility or facilities use any 3 public right-of-way; 4 (c) A facility that serves subscribers without using 5 any public right-of-way; 6 (d) A facility of a common carrier that is subject, in 7 whole or in part, to the provisions of Title II of the federal 8 Communications Act of 1934 except that such facility shall be 9 considered a cable system other than for purposes of 47 U.S.C. 10 Section 541(c) to the extent such facility is used in the 11 transmission of video programming directly to subscribers, 12 unless the extent of such use is solely to provide interactive 13 on-demand services; 14 (e) Any facilities of any electric utility used solely 15 for operating its electric utility systems; or 16 (f) An open video system that complies with 47 U.S.C. 17 Section 573. 18 (4) "Certificateholder" means a cable or video service 19 provider that has been issued and holds a certificate of 20 franchise authority from the department. 21 (5) "Department" means the Department of State. 22 (6) "Franchise" means an initial authorization or 23 renewal of an authorization, regardless of whether the 24 authorization is designated as a franchise, permit, license, 25 resolution, contract, certificate, agreement, or otherwise, to 26 construct and operate a cable system or video service provider 27 network facilities in the public right-of-way. 28 (7) "Franchise authority" means any governmental 29 entity empowered by federal, state, or local law to grant a 30 franchise. 31 (8) "Incumbent cable service provider" means a cable 2 4:18 PM 04/26/07 h0529c3c-21-221
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/CS/HB 529 (c2) Barcode 181662 1 or video service provider providing cable or video service on 2 July 1, 2007. 3 (9) "Public right-of-way" means the area on, below, or 4 above a public roadway, highway, street, sidewalk, alley, or 5 waterway, including, without limitation, a municipal, county, 6 state, district, or other public roadway, highway, street, 7 sidewalk, alley, or waterway. 8 (10) "Video programming" means programming provided 9 by, or generally considered comparable to programming provided 10 by, a television broadcast station as set forth in 47 U.S.C. 11 s. 522(20). 12 (11) "Video service" means video programming services, 13 including cable services, provided through wireline facilities 14 located at least in part in the public rights-of-way without 15 regard to delivery technology, including Internet protocol 16 technology. This definition does not include any video 17 programming provided by a commercial mobile service provider 18 as defined in 47 U.S.C. s. 332(d), video programming provided 19 as part of, and via a service that enables end users to access 20 content, information, electronic mail, or other services 21 offered over the public Internet. 22 (12) "Video service provider" means an entity 23 providing video service. 24 610.104 State authorization to provide cable or video 25 service.-- 26 (1) An entity or person seeking to provide cable or 27 video service in this state after July 1, 2007, shall file an 28 application for a state-issued certificate of franchise 29 authority with the department as required by this section. 30 (2) An applicant for a state-issued certificate of 31 franchise authority to provide cable or video service shall 3 4:18 PM 04/26/07 h0529c3c-21-221
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/CS/HB 529 (c2) Barcode 181662 1 submit to the Department of State an application that 2 contains: 3 (a) The official name of the cable or video service 4 provider. 5 (b) The street address of the principal place of 6 business of the cable or video service provider. 7 (c) The federal employer identification number or the 8 Department of State's document number. 9 (d) The name, address, and telephone number of an 10 officer, partner, owner, member, or manager as a contact 11 person for the cable or video service provider to whom 12 questions or concerns may be addressed. 13 (e) A duly executed affidavit signed by an officer, 14 partner, owner, or managing member affirming and containing: 15 1. That the applicant is fully qualified under the 16 provisions of this chapter to file an application and 17 affidavit for a certificate of franchise authority. 18 2. That the applicant has filed or will timely file 19 with the Federal Communications Commission all forms required 20 by that agency in advance of offering cable or video service 21 in this state. 22 3. That the applicant agrees to comply with all 23 applicable federal and state laws and regulations, to the 24 extent such state laws and rules are not in conflict with or 25 superseded by the provisions of this chapter or other 26 applicable state law. 27 4. That the applicant agrees to comply with all state 28 laws and rules and municipal and county ordinances and 29 regulations regarding the placement and maintenance of 30 communications facilities in the public rights-of-way that are 31 generally applicable to providers of communications services 4 4:18 PM 04/26/07 h0529c3c-21-221
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/CS/HB 529 (c2) Barcode 181662 1 in accordance with s. 337.401. 2 5. A description of the service area for which the 3 applicant seeks a certificate of franchise authority provided 4 on a municipal or countywide basis. The description may be 5 provided in a manner that does not disclose competitively 6 sensitive information. Notwithstanding the foregoing: 7 a. For incumbent cable or video service providers that 8 have existing local franchise agreements, the service area 9 shall be coextensive with the provider's service area 10 description in the existing local franchise. 11 b. For applicants using telecommunications facilities 12 to provide video services, the service area shall be described 13 in terms of entire wire centers that may or may not be 14 consistent with municipal or county boundaries except any 15 portion of a specific wire center which will remain subject to 16 an existing cable or video franchise agreement until the 17 earlier of the agreement's expiration or termination. 18 6. The location of the applicant's principal place of 19 business, the names of the applicant's principal executive 20 officers, and a physical address sufficient for the purposes 21 of chapter 48. 22 7. That the applicant will file with the department a 23 notice of commencement of service within 5 business days after 24 first providing service in each area described in subparagraph 25 5. 26 8. A statement affirming that the applicant will 27 notify the department of any change of address or contact 28 person. 29 9. The applicant's system shall comply with the 30 Federal Communications Commission's rules and regulations of 31 the Emergency Alert System. 5 4:18 PM 04/26/07 h0529c3c-21-221
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/CS/HB 529 (c2) Barcode 181662 1 (3) Before the 10th business day after the department 2 receives the application, the department shall notify the 3 applicant whether the application and affidavit described in 4 subsection (3) are complete. If the department rejects the 5 application and affidavit, the department shall specify with 6 particularity the reasons for the rejection and permit the 7 applicant to amend the application or affidavit to cure any 8 deficiency. The department shall act upon the amended 9 application or affidavit within 10 business days after the 10 department's receipt of the amended application or affidavit. 11 (4) The department shall issue a certificate of 12 franchise authority to the applicant before the 15th business 13 day after receipt of an accepted application. The certificate 14 of franchise authority issued by the department shall contain: 15 (a) The name of the certificateholder and its 16 identification number. 17 (b) A grant of authority to provide cable or video 18 service as requested in the application. 19 (c) A grant of authority to construct, maintain, and 20 operate facilities through, upon, over, and under any public 21 right-of-way or waters, subject to the applicable governmental 22 permitting or authorization from the Board of Trustees of the 23 Internal Improvement Trust Fund. 24 (d) A statement that the grant of authority is subject 25 to lawful operation of the cable or video service by the 26 applicant or its successor in interest. 27 (e) A statement that describes the service area for 28 which this certificate of authority applies. 29 (f) A statement that includes the issuance date that 30 shall be the effective date of the commencement of this 31 authority. 6 4:18 PM 04/26/07 h0529c3c-21-221
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/CS/HB 529 (c2) Barcode 181662 1 (5) If the department fails to act on the accepted 2 application within 30 business days after receiving the 3 accepted application, the application shall be deemed approved 4 by the department without further action. 5 (6) A certificateholder that seeks to include 6 additional service areas in its current certificate shall file 7 an amendment to the certificate with the department. Such 8 amendment shall specify the name and address of the 9 certificateholder, the new service area or areas to be served, 10 consistent with subparagraph (2)(e)5., but need not be 11 coextensive with municipal or county boundaries, and the 12 effective date of commencement of operations in the new 13 service area or areas. Such amendment shall be filed with the 14 department within 5 business days after first providing 15 service in each such additional area. 16 (7) The certificate of franchise authority issued by 17 the department is fully transferable to any successor in 18 interest to the applicant to which the certificate is 19 initially granted. A notice of transfer shall be filed with 20 the department and the relevant municipality or county within 21 14 business days following the completion of such transfer. 22 (8) The certificate of franchise authority issued by 23 the department may be terminated by the cable or video service 24 provider by submitting notice to the department. 25 (9) An applicant may challenge a rejection of an 26 application by the department in a court of competent 27 jurisdiction through a petition for mandamus. 28 (10) In executing the provisions of this section, the 29 department shall function in a ministerial capacity accepting 30 information contained in the application and affidavit at face 31 value. The applicant shall ensure continued compliance with 7 4:18 PM 04/26/07 h0529c3c-21-221
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/CS/HB 529 (c2) Barcode 181662 1 all applicable business formation, registration, and taxation 2 provisions of law. 3 (11) The application shall be accompanied by a 4 one-time fee of $10,000. A parent company may file a single 5 application covering itself and all of its subsidiaries and 6 affiliates intending to provide cable or video service in the 7 service areas throughout the state as described in paragraph 8 (3)(d), but the entity actually providing such service in a 9 given area shall otherwise be considered the certificateholder 10 under this act. 11 (12) Beginning 5 years after approval of the 12 certificateholder's initial certificate of franchise issued by 13 the department, and every 5 years thereafter, the 14 certificateholder shall update the information contained in 15 the original application for a certificate of franchise. At 16 the time of filing the information update, the 17 certificateholder shall pay a processing fee of $1,000. Any 18 certificateholder that fails to file the updated information 19 and pay the processing fee on the 5-year anniversary dates 20 shall be subject to cancellation of its state-issued 21 certificate of franchise authority if, upon notice given to 22 the certificateholder at its last address on file with the 23 department, the certificateholder fails to file the updated 24 information and pay the processing fee within 30 days after 25 the date notice was mailed. The application and processing 26 fees imposed in this section shall be paid to the Department 27 of State for deposit into the Operating Trust Fund for 28 immediate transfer by the Chief Financial Officer to the 29 General Inspection Trust Fund of the Department of Agriculture 30 and Consumer Services. The Department of Agriculture and 31 Consumer Services shall maintain a separate account within the 8 4:18 PM 04/26/07 h0529c3c-21-221
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/CS/HB 529 (c2) Barcode 181662 1 General Inspection Trust Fund to distinguish cable franchise 2 revenues from all other funds. The application, any amendments 3 to the certificate, or information updates must be accompanied 4 by a fee to the Department of State equal to that for filing 5 articles of incorporation pursuant to s. 607.0122(1). 6 610.105 Eligibility for state-issued franchise.-- 7 (1) After July 1, 2007, an incumbent cable or video 8 service provider is immediately eligible at its option to 9 apply for a state-issued certificate of franchise authority 10 under this chapter and shall file a written notice with the 11 applicable municipality or county in which the provider 12 provides cable or video service simultaneously with any filing 13 with the department under this chapter. The applicable 14 municipal or county franchise is terminated under this section 15 on the date the department issues the state-issued certificate 16 of franchise authority. 17 (2) If an incumbent cable or video service provider 18 has been granted a state-issued certificate of franchise 19 authority that covers all or a portion of a municipality or 20 county, any obligation under any existing municipal or county 21 franchise that exceeds the obligations imposed on the 22 certificateholder in the area covered by the certificate shall 23 be against public policy and void. 24 610.106 Franchise fees prohibited.--Except as 25 otherwise provided in this chapter, the department may not 26 impose any taxes, fees, charges, or other impositions on a 27 cable or video service provider as a condition for the 28 issuance of a state-issued certificate of franchise authority. 29 No municipality or county may impose any taxes, fees, charges, 30 or other exactions on certificateholders in connection with 31 use of public right-of-way as a condition of a 9 4:18 PM 04/26/07 h0529c3c-21-221
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/CS/HB 529 (c2) Barcode 181662 1 certificateholder doing business in the municipality or 2 county, or otherwise, except such taxes, fees, charges, or 3 other exactions permitted by chapter 202, s. 337.401(6), or s. 4 610.117. 5 610.107 Buildout.--No franchising authority, state 6 agency, or political subdivision may impose any buildout, 7 system construction, or service deployment requirements on a 8 certificateholder. 9 610.108 Customer service standards.-- 10 (1) All cable or video service providers shall comply 11 with customer service requirements in 47 C.F.R. s. 76.309(c). 12 (2) Any municipality or county that, as of January 1, 13 2007, has an office or department dedicated to responding to 14 cable or video service customer complaints may continue to 15 respond to such complaints until July 1, 2009. Beginning July 16 1, 2009, the Department of Agriculture and Consumer Services 17 shall have the sole authority to respond to all cable or video 18 service customer complaints. This provision does not permit 19 the municipality, county, or department to impose customer 20 service standards inconsistent with the requirements in 47 21 C.F.R. s. 76.309(c). 22 (3) The Department of Agriculture and Consumer 23 Services shall receive service quality complaints from 24 customers of a cable or video service provider and shall 25 address such complaints in an expeditious manner by assisting 26 in the resolution of such complaint between the complainant 27 and the cable or video service provider. The Department of 28 Agriculture and Consumer Services may adopt any procedural 29 rules pursuant to ss. 120.536(1) and 120.54 necessary to 30 administer this section, but shall not have any authority to 31 impose any customer service requirements inconsistent with 10 4:18 PM 04/26/07 h0529c3c-21-221
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/CS/HB 529 (c2) Barcode 181662 1 those contained in 47 C.F.R. s. 76.309(c). 2 3 4 ================ T I T L E A M E N D M E N T =============== 5 And the title is amended as follows: 6 On page 2, lines 40 through 48, delete 7 8 and insert: 9 activities; providing for incumbent cable 10 service provider eligibility for state-issued 11 franchises; providing for certain notice to 12 municipal or county franchise authority; 13 providing for termination of a municipal or 14 county franchise; declaring certain additional 15 obligations on a franchisee against public 16 policy and void; prohibiting the department 17 from imposing additional taxes, fees, or 18 charges on a cable or video service provider to 19 issue a certificate; prohibiting imposing 20 buildout, construction, and deployment 21 requirements on a certificateholder; imposing 22 certain customer service requirements on cable 23 service providers; allowing a municipality or 24 county to respond to complaints for a time 25 certain; requiring the 26 27 28 29 30 31 11 4:18 PM 04/26/07 h0529c3c-21-221