Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS/CS/HB 529 (c2)
                        Barcode 535246
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: WD/2R            .                    
       04/26/2007 11:10 AM         .                    
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11  Senator Bennett moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 15, line 400 through page 25, line 685, delete
15  those lines
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17  and insert:   whole or in part, to the provisions of Title II
18  of the federal Communications Act of 1934 except that such
19  facility shall be considered a cable system other than for
20  purposes of 47 U.S.C. Section 541(c) to the extent such
21  facility is used in the transmission of video programming
22  directly to subscribers, unless the extent of such use is
23  solely to provide interactive on-demand services;
24         (e)  Any facilities of any electric utility used solely
25  for operating its electric utility systems; or
26         (f)  An open video system that complies with 47 U.S.C.
27  Section 573.
28         (4)  "Certificateholder" means a cable or video service
29  provider that has been issued and holds a certificate of
30  franchise authority from the department.
31         (5)  "Department" means the Department of State.
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Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/CS/HB 529 (c2) Barcode 535246 1 (6) "Franchise" means an initial authorization or 2 renewal of an authorization, regardless of whether the 3 authorization is designated as a franchise, permit, license, 4 resolution, contract, certificate, agreement, or otherwise, to 5 construct and operate a cable system or video service provider 6 network facilities in the public right-of-way. 7 (7) "Franchise authority" means any governmental 8 entity empowered by federal, state, or local law to grant a 9 franchise. 10 (8) "Incumbent cable service provider" means a cable 11 or video service provider providing cable or video service on 12 July 1, 2007. 13 (9) "Public right-of-way" means the area on, below, or 14 above a public roadway, highway, street, sidewalk, alley, or 15 waterway, including, without limitation, a municipal, county, 16 state, district, or other public roadway, highway, street, 17 sidewalk, alley, or waterway. 18 (10) "Video programming" means programming provided 19 by, or generally considered comparable to programming provided 20 by, a television broadcast station as set forth in 47 U.S.C. 21 s. 522(20). 22 (11) "Video service" means video programming services, 23 including cable services, provided through wireline facilities 24 located at least in part in the public rights-of-way without 25 regard to delivery technology, including Internet protocol 26 technology. This definition does not include any video 27 programming provided by a commercial mobile service provider 28 as defined in 47 U.S.C. s. 332(d), video programming provided 29 as part of, and via a service that enables end users to access 30 content, information, electronic mail, or other services 31 offered over the public Internet. 2 9:43 PM 04/25/07 h0529.21cu.00x
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/CS/HB 529 (c2) Barcode 535246 1 (12) "Video service provider" means an entity 2 providing video service. 3 610.104 State authorization to provide cable or video 4 service.-- 5 (1) An entity or person seeking to provide cable or 6 video service in this state after July 1, 2007, shall file an 7 application for a state-issued certificate of franchise 8 authority with the department as required by this section. 9 (2) An applicant for a state-issued certificate of 10 franchise authority to provide cable or video service shall 11 submit to the Department of State an application that 12 contains: 13 (a) The official name of the cable or video service 14 provider. 15 (b) The street address of the principal place of 16 business of the cable or video service provider. 17 (c) The federal employer identification number or the 18 Department of State's document number. 19 (d) The name, address, and telephone number of an 20 officer, partner, owner, member, or manager as a contact 21 person for the cable or video service provider to whom 22 questions or concerns may be addressed. 23 (e) A duly executed affidavit signed by an officer, 24 partner, owner, or managing member affirming and containing: 25 1. That the applicant is fully qualified under the 26 provisions of this chapter to file an application and 27 affidavit for a certificate of franchise authority. 28 2. That the applicant has filed or will timely file 29 with the Federal Communications Commission all forms required 30 by that agency in advance of offering cable or video service 31 in this state. 3 9:43 PM 04/25/07 h0529.21cu.00x
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/CS/HB 529 (c2) Barcode 535246 1 3. That the applicant agrees to comply with all 2 applicable federal and state laws and regulations, to the 3 extent such state laws and rules are not in conflict with or 4 superseded by the provisions of this chapter or other 5 applicable state law. 6 4. That the applicant agrees to comply with all state 7 laws and rules and municipal and county ordinances and 8 regulations regarding the placement and maintenance of 9 communications facilities in the public rights-of-way that are 10 generally applicable to providers of communications services 11 in accordance with s. 337.401. 12 5. A description of the service area for which the 13 applicant seeks a certificate of franchise authority provided 14 on a municipal or countywide basis. The description may be 15 provided in a manner that does not disclose competitively 16 sensitive information. Notwithstanding the foregoing: 17 a. For incumbent cable or video service providers that 18 have existing local franchise agreements, the service area 19 shall be coextensive with the provider's service area 20 description in the existing local franchise. 21 b. For applicants using telecommunications facilities 22 to provide video services, the service area shall be described 23 in terms of entire wire centers that may or may not be 24 consistent with municipal or county boundaries except any 25 portion of a specific wire center which will remain subject to 26 an existing cable or video franchise agreement until the 27 earlier of the agreement's expiration or termination. 28 6. The location of the applicant's principal place of 29 business, the names of the applicant's principal executive 30 officers, and a physical address sufficient for the purposes 31 of chapter 48. 4 9:43 PM 04/25/07 h0529.21cu.00x
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/CS/HB 529 (c2) Barcode 535246 1 7. That the applicant will file with the department a 2 notice of commencement of service within 5 business days after 3 first providing service in each area described in subparagraph 4 5. 5 8. A statement affirming that the applicant will 6 notify the department of any change of address or contact 7 person. 8 9. The applicant's system shall comply with the 9 Federal Communications Commission's rules and regulations of 10 the Emergency Alert System. 11 (3) Before the 10th business day after the department 12 receives the application, the department shall notify the 13 applicant whether the application and affidavit described in 14 subsection (3) are complete. If the department rejects the 15 application and affidavit, the department shall specify with 16 particularity the reasons for the rejection and permit the 17 applicant to amend the application or affidavit to cure any 18 deficiency. The department shall act upon the amended 19 application or affidavit within 10 business days after the 20 department's receipt of the amended application or affidavit. 21 (4) The department shall issue a certificate of 22 franchise authority to the applicant before the 15th business 23 day after receipt of an accepted application. The certificate 24 of franchise authority issued by the department shall contain: 25 (a) The name of the certificateholder and its 26 identification number. 27 (b) A grant of authority to provide cable or video 28 service as requested in the application. 29 (c) A grant of authority to construct, maintain, and 30 operate facilities through, upon, over, and under any public 31 right-of-way or waters, subject to the applicable governmental 5 9:43 PM 04/25/07 h0529.21cu.00x
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/CS/HB 529 (c2) Barcode 535246 1 permitting or authorization from the Board of Trustees of the 2 Internal Improvement Trust Fund. 3 (d) A statement that the grant of authority is subject 4 to lawful operation of the cable or video service by the 5 applicant or its successor in interest. 6 (e) A statement that describes the service area for 7 which this certificate of authority applies. 8 (f) A statement that includes the issuance date that 9 shall be the effective date of the commencement of this 10 authority. 11 (5) If the department fails to act on the accepted 12 application within 30 business days after receiving the 13 accepted application, the application shall be deemed approved 14 by the department without further action. 15 (6) A certificateholder that seeks to include 16 additional service areas in its current certificate shall file 17 an amendment to the certificate with the department. Such 18 amendment shall specify the name and address of the 19 certificateholder, the new service area or areas to be served, 20 consistent with subparagraph (2)(e)5., but need not be 21 coextensive with municipal or county boundaries, and the 22 effective date of commencement of operations in the new 23 service area or areas. Such amendment shall be filed with the 24 department within 5 business days after first providing 25 service in each such additional area. 26 (7) The certificate of franchise authority issued by 27 the department is fully transferable to any successor in 28 interest to the applicant to which the certificate is 29 initially granted. A notice of transfer shall be filed with 30 the department and the relevant municipality or county within 31 14 business days following the completion of such transfer. 6 9:43 PM 04/25/07 h0529.21cu.00x
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/CS/HB 529 (c2) Barcode 535246 1 (8) The certificate of franchise authority issued by 2 the department may be terminated by the cable or video service 3 provider by submitting notice to the department. 4 (9) An applicant may challenge a rejection of an 5 application by the department in a court of competent 6 jurisdiction through a petition for mandamus. 7 (10) In executing the provisions of this section, the 8 department shall function in a ministerial capacity accepting 9 information contained in the application and affidavit at face 10 value. The applicant shall ensure continued compliance with 11 all applicable business formation, registration, and taxation 12 provisions of law. 13 (11) The application shall be accompanied by a 14 one-time fee of $10,000. A parent company may file a single 15 application covering itself and all of its subsidiaries and 16 affiliates intending to provide cable or video service in the 17 service areas throughout the state as described in paragraph 18 (3)(d), but the entity actually providing such service in a 19 given area shall otherwise be considered the certificateholder 20 under this act. 21 (12) Beginning 5 years after approval of the 22 certificateholder's initial certificate of franchise issued by 23 the department, and every 5 years thereafter, the 24 certificateholder shall update the information contained in 25 the original application for a certificate of franchise. At 26 the time of filing the information update, the 27 certificateholder shall pay a processing fee of $1,000. Any 28 certificateholder that fails to file the updated information 29 and pay the processing fee on the 5-year anniversary dates 30 shall be subject to cancellation of its state-issued 31 certificate of franchise authority if, upon notice given to 7 9:43 PM 04/25/07 h0529.21cu.00x
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/CS/HB 529 (c2) Barcode 535246 1 the certificateholder at its last address on file with the 2 department, the certificateholder fails to file the updated 3 information and pay the processing fee within 30 days after 4 the date notice was mailed. The application and processing 5 fees imposed in this section shall be paid to the Department 6 of State for deposit into the Operating Trust Fund for 7 immediate transfer by the Chief Financial Officer to the 8 General Inspection Trust Fund of the Department of Agriculture 9 and Consumer Services. The Department of Agriculture and 10 Consumer Services shall maintain a separate account within the 11 General Inspection Trust Fund to distinguish cable franchise 12 revenues from all other funds. The application, any amendments 13 to the certificate, or information updates must be accompanied 14 by a fee to the Department of State equal to that for filing 15 articles of incorporation pursuant to s. 607.0122(1). 16 610.105 Eligibility for state-issued franchise.-- 17 (1) After July 1, 2007, an incumbent cable or video 18 service provider is immediately eligible at its option to 19 apply for a state-issued certificate of franchise authority 20 under this chapter and shall file a written notice with the 21 applicable municipality or county in which the provider 22 provides cable or video service simultaneously with any filing 23 with the department under this chapter. The applicable 24 municipal or county franchise is terminated under this section 25 on the date the department issues the state-issued certificate 26 of franchise authority. 27 (2) If an incumbent cable or video service provider 28 has been granted a state-issued certificate of franchise 29 authority that covers all or a portion of a municipality or 30 county, any obligation under any existing municipal or county 31 franchise that exceeds the obligations imposed on the 8 9:43 PM 04/25/07 h0529.21cu.00x
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/CS/HB 529 (c2) Barcode 535246 1 certificateholder in the area covered by the certificate shall 2 be against public policy and void. 3 610.106 Franchise fees prohibited.--Except as 4 otherwise provided in this chapter, the department may not 5 impose any taxes, fees, charges, or other impositions on a 6 cable or video service provider as a condition for the 7 issuance of a state-issued certificate of franchise authority. 8 No municipality or county may impose any taxes, fees, charges, 9 or other exactions on certificateholders in connection with 10 use of public right-of-way as a condition of a 11 certificateholder doing business in the municipality or 12 county, or otherwise, except such taxes, fees, charges, or 13 other exactions permitted by chapter 202, s. 337.401(6), or s. 14 610.117. 15 610.107 Buildout.--No franchising authority, state 16 agency, or political subdivision may impose any buildout, 17 system construction, or service deployment requirements on a 18 certificateholder. 19 610.108 Customer service standards.-- 20 (1) All cable or video service providers shall comply 21 with customer service requirements in 47 C.F.R. s. 76.309(c). 22 (2) Any municipality or county that, as of January 1, 23 2007, has an office or department dedicated to responding to 24 cable or video service customer complaints may continue to 25 respond to such complaints until July 1, 2009. Beginning July 26 1, 2009, the Department of Agriculture and Consumer Services 27 shall have the sole authority to respond to all cable or video 28 service customer complaints. This provision does not permit 29 the municipality, county, or department to impose customer 30 service standards inconsistent with the requirements in 47 31 C.F.R. s. 76.309(c). 9 9:43 PM 04/25/07 h0529.21cu.00x
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/CS/HB 529 (c2) Barcode 535246 1 (3) The Department of Agriculture and Consumer 2 Services shall receive service quality complaints from 3 customers of a cable or video service provider and shall 4 address such complaints in an expeditious manner by assisting 5 in the resolution of such complaint between the complainant 6 and the cable or video service provider. The Department of 7 Agriculture and Consumer Services may adopt any procedural 8 rules pursuant to ss. 120.536(1) and 120.54 necessary to 9 administer this section, but shall not have any authority to 10 impose any customer service requirements inconsistent with 11 those contained in 47 C.F.R. s. 76.309(c). 12 13 14 ================ T I T L E A M E N D M E N T =============== 15 And the title is amended as follows: 16 On page 2, lines 40 through 48, delete 17 18 and insert: 19 activities; providing for incumbent cable 20 service provider eligibility for state-issued 21 franchises; providing for certain notice to 22 municipal or county franchise authority; 23 providing for termination of a municipal or 24 county franchise; declaring certain additional 25 obligations on a franchisee against public 26 policy and void; prohibiting the department 27 from imposing additional taxes, fees, or 28 charges on a cable or video service provider to 29 issue a certificate; prohibiting imposing 30 buildout, construction, and deployment 31 requirements on a certificateholder; imposing 10 9:43 PM 04/25/07 h0529.21cu.00x
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/CS/HB 529 (c2) Barcode 535246 1 certain customer service requirements on cable 2 service providers; allowing a municipality or 3 county to respond to complaints for a time 4 certain; requiring the 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 11 9:43 PM 04/25/07 h0529.21cu.00x