Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS/CS/HB 529 (c2)
                        Barcode 780346
                            CHAMBER ACTION
              Senate                               House
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                                   .         04/30/2007 14:42:01
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       04/27/2007 07:50 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 25 line 686, through
15            page 36, line 1006, delete those lines
16  
17  and insert:  
18         610.109  Public, educational, and governmental access
19  channels.--
20         (1)  A certificateholder, not later than 180 days
21  following a request by a municipality or county within whose
22  jurisdiction the certificateholder is providing cable or video
23  service, shall designate a sufficient amount of capacity on
24  its network to allow the provision of public, educational, and
25  governmental access channels for noncommercial programming as
26  set forth in this section.
27         (2)  A certificateholder shall designate a sufficient
28  amount of capacity on its network to allow the provision of
29  the same number of public, educational, and governmental
30  access channels or their functional equivalent that a
31  municipality or county has activated under the incumbent cable
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Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/CS/HB 529 (c2) Barcode 780346 1 or video service provider's franchise agreement as of July 1, 2 2007. For the purposes of this section, a public, educational, 3 or governmental channel is deemed activated if the channel is 4 being used for public, educational, or governmental 5 programming within the municipality or county. The 6 municipality or county may request additional channels or 7 their functional equivalent permitted under the incumbent 8 cable or video service provider's franchise agreement as of 9 July 1, 2007. Upon the expiration of the incumbent cable or 10 video service provider's franchise agreement or within 6 11 months after a request of a municipality or county for an 12 additional channel or its functional equivalent, a public 13 access channel or capacity equivalent may be furnished after a 14 polling of all subscribers of the cable or video service in 15 their service area. The usage of one public access channel or 16 capacity equivalent shall be determined by a majority of all 17 the provider's subscribers in the jurisdiction. The video or 18 cable service subscribers must be provided with clear, plain 19 language informing them that public access is unfiltered 20 programming and may contain adult content. 21 (3) If a municipality or county did not have public, 22 educational, or governmental access channels activated under 23 the incumbent cable or video service provider's franchise 24 agreement as of July 1, 2007, after the expiration date of the 25 incumbent cable or video service provider's franchise 26 agreement and within 6 months after a request by the 27 municipality or county within whose jurisdiction a 28 certificateholder is providing cable or video service, the 29 certificateholder shall furnish up to two public, educational, 30 or governmental channels or their functional equivalent. The 31 usage of the channels or their functional equivalent shall be 2 7:38 PM 04/27/07 h0529.seg1.00w
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/CS/HB 529 (c2) Barcode 780346 1 determined by a majority of all the video service provider's 2 subscribers in the jurisdiction in order of preference of all 3 video service subscribers. Cable or video service subscribers 4 must be provided with clear, plain language informing them 5 that public access is unfiltered programming and contains 6 adult content. 7 (4) If a municipality or county has not used the 8 number of access channels or their functional equivalent 9 permitted by subsection (3), access to the additional channels 10 or their functional equivalent allowed in subsection (3) shall 11 be provided upon 6 months' written notice. 12 (5) A public, educational, or governmental access 13 channel authorized by this section is deemed activated and 14 substantially used if the channel is being used for public, 15 educational, or governmental access programming within the 16 municipality or county for at least 10 hours per day on 17 average, of which at least 5 hours must be nonrepeat 18 programming and as measured on a quarterly basis. Static 19 information screens or bulletin-board programming shall not 20 count toward this 10-hour requirement. If the applicable 21 access channel does not meet this utilization criterion, the 22 video service provider shall notify the applicable access 23 provider in writing of this failure. If the access provider 24 fails to meet this utilization criterion in the subsequent 25 quarter, the cable or video service provider may reprogram the 26 channel at its discretion. The cable or video service provider 27 shall work in good faith with the access provider to attempt 28 to provide future carriage of the applicable access channel 29 within the limits of this section if the access provider can 30 make reasonable assurances that its future programming will 31 meet the utilization criteria set out in this subsection. 3 7:38 PM 04/27/07 h0529.seg1.00w
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/CS/HB 529 (c2) Barcode 780346 1 (6) A cable or video service provider may locate any 2 public, educational, or governmental access channel on its 3 lowest digital tier of service offered to the provider's 4 subscribers. A cable or video service provider must notify its 5 customers and the applicable municipality or county at least 6 120 days prior to relocating the applicable educational or 7 governmental access channel. 8 (7) The operation of any public, educational, or 9 governmental access channel or its functional equivalent 10 provided under this section shall be the responsibility of the 11 municipality or county receiving the benefit of such channel 12 or its functional equivalent, and a certificateholder bears 13 only the responsibility for the transmission of such channel 14 content. A certificateholder shall be responsible for the cost 15 of providing the connectivity to one origination point for 16 each public, educational, or governmental access channel up to 17 200 feet from the certificateholder's activated video service 18 distribution plant. 19 (8) The municipality or county shall ensure that all 20 transmissions, content, or programming to be transmitted over 21 a channel or facility by a certificateholder are provided or 22 submitted to the cable or video service provider in a manner 23 or form that is capable of being accepted and transmitted by a 24 provider without any requirement for additional alteration or 25 change in the content by the provider, over the particular 26 network of the cable or video service provider, which is 27 compatible with the technology or protocol used by the cable 28 or video service provider to deliver services. To the extent 29 that a public, educational, or governmental channel content 30 provider has authority, the delivery of public, educational, 31 or governmental content to a certificateholder constitutes 4 7:38 PM 04/27/07 h0529.seg1.00w
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/CS/HB 529 (c2) Barcode 780346 1 authorization for the certificateholder to carry such content, 2 including, at the provider's option, authorization to carry 3 the content beyond the jurisdictional boundaries of the 4 municipality or county. 5 (9) Where technically feasible, a certificateholder 6 and an incumbent cable service provider shall use reasonable 7 efforts to interconnect their networks for the purpose of 8 providing public, educational, and governmental programming. 9 Interconnection may be accomplished by direct cable, microwave 10 link, satellite, or other reasonable method of connection. 11 Certificateholders and incumbent cable service providers shall 12 negotiate in good faith and incumbent cable service providers 13 may not withhold interconnection of public, educational, and 14 governmental channels. The requesting party shall bear the 15 cost of such interconnection. 16 (10) A certificateholder is not required to 17 interconnect for, or otherwise to transmit, public, 18 educational, and governmental content that is branded with the 19 logo, name, or other identifying marks of another cable or 20 video service provider, and a municipality or county may 21 require a cable or video service provider to remove its logo, 22 name, or other identifying marks from public, educational, and 23 governmental content that is to be made available to another 24 provider. This subsection does not apply to the logo, name, or 25 other identifying marks of the public, educational, or 26 governmental programmer or producer. 27 (11) A municipality or county that has activated at 28 least one public, educational, or governmental access channel 29 pursuant to this section may require cable or video service 30 providers to remit public, educational, and governmental 31 support contributions in an amount equal to a lump-sum or 5 7:38 PM 04/27/07 h0529.seg1.00w
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/CS/HB 529 (c2) Barcode 780346 1 recurring per-subscriber funding obligation to support public, 2 educational, and governmental access channels, or other 3 related costs as provided for in the incumbent's franchise 4 that exists prior to July 1, 2007, until the expiration date 5 of the incumbent cable or video service provider's franchise 6 agreement. Any prospective lump-sum payment shall be made on 7 an equivalent per-subscriber basis calculated as follows: the 8 amount of prospective funding obligations divided by the 9 number of subscribers being served by the incumbent cable or 10 video service provider at the time of payment, divided by the 11 number of months remaining in the incumbent cable or video 12 service provider's franchise equals the monthly per-subscriber 13 amount to be paid by the certificateholder. The obligations 14 set forth in this subsection apply until the earlier of the 15 expiration date of the incumbent cable or video service 16 provider's franchise agreement or July 1, 2012. For purposes 17 of this subsection, an incumbent cable or video service 18 provider is the service provider serving the largest number of 19 subscribers as of July 1, 2007. 20 (12) A court of competent jurisdiction shall have 21 exclusive jurisdiction to enforce any requirement under this 22 section. 23 610.112 Cable or video services for public 24 facilities.--Upon a request by a municipality or county, a 25 certificateholder shall provide, within 90 days after receipt 26 of the request, one active basic cable or video service outlet 27 to K-12 public schools, public libraries, or local government 28 administrative buildings, to the extent such buildings are 29 located within 200 feet of the certificateholder's activated 30 video distribution plant. At the request of the municipality 31 or county, the certificateholder shall extend its distribution 6 7:38 PM 04/27/07 h0529.seg1.00w
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/CS/HB 529 (c2) Barcode 780346 1 plant to serve such buildings located more than 200 feet from 2 the certificateholder's activated video distribution plant. In 3 such circumstances, the governmental entity owning or 4 occupying the building is responsible for the time and 5 material costs incurred in extending the certificateholder's 6 activated video distribution plant to within 200 feet adjacent 7 to the building. The cable or video services provided under 8 this section shall not be available in an area viewed by the 9 general public and may not be used for any commercial purpose. 10 610.113 Nondiscrimination by municipality or county.-- 11 (1) A municipality or county shall allow a 12 certificateholder to install, construct, and maintain a 13 network within a public right-of-way and shall provide a 14 certificateholder with comparable, nondiscriminatory, and 15 competitively neutral access to the public right-of-way in 16 accordance with the provisions of s. 337.401. All use of a 17 public right-of-way by a certificateholder is nonexclusive. 18 (2) A municipality or county may not discriminate 19 against a certificateholder regarding: 20 (a) The authorization or placement of a network in a 21 public right-of-way; 22 (b) Access to a building or other property; or 23 (c) Utility pole attachment terms and conditions. 24 610.114 Limitation on local authority.-- 25 (1) A municipality or county may not impose additional 26 requirements on a certificateholder, including, but not 27 limited to, financial, operational, and administrative 28 requirements, except as expressly permitted by this chapter. A 29 municipality or county may not impose on activities of a 30 certificateholder a requirement: 31 (a) That particular business offices be located in the 7 7:38 PM 04/27/07 h0529.seg1.00w
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/CS/HB 529 (c2) Barcode 780346 1 municipality or county; 2 (b) Regarding the filing of reports and documents with 3 the municipality or county that are not required by state or 4 federal law and that are not related to the use of the public 5 right-of-way. Reports and documents other than schematics 6 indicating the location of facilities for a specific site that 7 are provided in the normal course of the municipality's or 8 county's permitting process, that are authorized by s. 337.401 9 for communications services providers, or that are otherwise 10 required in the normal course of such permitting process shall 11 not be considered related to the use of the public 12 right-of-way for communications service providers. A 13 municipality or county may not request information concerning 14 the capacity or technical configuration of a 15 certificateholder's facilities; 16 (c) For the inspection of a certificateholder's 17 business records; or 18 (d) For the approval of transfers of ownership or 19 control of a certificateholder's business, except that a 20 municipality or county may require a certificateholder to 21 provide notice of a transfer within a reasonable time. 22 (2) Notwithstanding any other provision of law, a 23 municipality or county may require the issuance of a permit in 24 accordance with and subject to s. 337.401 to a 25 certificateholder that is placing and maintaining facilities 26 in or on a public right-of-way in the municipality or county. 27 In accordance with s. 337.402, the permit may require the 28 permitholder to be responsible, at the permitholder's expense, 29 for any damage resulting from the issuance of such permit and 30 for restoring the public right-of-way to its original 31 condition before installation of such facilities. The terms of 8 7:38 PM 04/27/07 h0529.seg1.00w
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/CS/HB 529 (c2) Barcode 780346 1 the permit shall be consistent with construction permits 2 issued to other providers of communications services placing 3 or maintaining communications facilities in a public 4 right-of-way. 5 610.115 Discrimination prohibited.-- 6 (1) The purpose of this section is to prevent 7 discrimination among potential residential subscribers. 8 (2) A cable or video service provider may not deny 9 access to service to any individual or group of potential 10 residential subscribers because of the race or income of the 11 residents in the local area in which the individual or group 12 resides. Enforcement of this section shall be in accordance 13 with s. 501.2079. 14 610.116 Compliance.--If a certificateholder is found 15 by a court of competent jurisdiction not to be in compliance 16 with the requirements of this chapter, the certificateholder 17 shall have a reasonable period of time, as specified by the 18 court, to cure such noncompliance. 19 610.117 Limitation.--Nothing in this chapter shall be 20 construed to give any local government or the department any 21 authority over any communications service other than cable or 22 video services whether offered on a common carrier or private 23 contract basis. 24 610.118 Impairment; court-ordered operations.-- 25 (1) If an incumbent cable or video service provider is 26 required to operate under its existing franchise and is 27 legally prevented by a lawfully issued order of a court of 28 competent jurisdiction from exercising its right to terminate 29 its existing franchise pursuant to the terms of s. 610.105, 30 any certificateholder providing cable service or video service 31 in whole or in part within the service area that is the 9 7:38 PM 04/27/07 h0529.seg1.00w
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/CS/HB 529 (c2) Barcode 780346 1 subject of the incumbent cable or video service provider's 2 franchise shall, for as long as the court order remains in 3 effect, comply with the following franchise terms and 4 conditions as applicable to the incumbent cable or video 5 service provider in the service area: 6 (a) The certificateholder shall pay to the 7 municipality or county: 8 1. Any prospective lump-sum or recurring 9 per-subscriber funding obligations to support public, 10 educational, and governmental access channels or other 11 prospective franchise-required monetary grants related to 12 public, educational, or governmental access facilities 13 equipment and capital costs. Prospective lump-sum payments 14 shall be made on an equivalent per-subscriber basis calculated 15 as follows: the amount of the prospective funding obligations 16 divided by the number of subscribers being served by the 17 incumbent cable service provider at the time of payment, 18 divided by the number of months remaining in the incumbent 19 cable or video service provider's franchise equals the monthly 20 per subscriber amount to be paid by the certificateholder 21 until the expiration or termination of the incumbent cable or 22 video service provider's franchise; and 23 2. If the incumbent cable or video service provider is 24 required to make payments for the funding of an institutional 25 network, the certificateholder shall pay an amount equal to 26 the incumbent's funding obligations but not to exceed 1 27 percent of the sales price, as defined in s. 202.11(13), for 28 the taxable monthly retail sales of cable or video programming 29 services the certificateholder received from subscribers in 30 the affected municipality or county. All definitions and 31 exemptions under chapter 202 apply in the determination of 10 7:38 PM 04/27/07 h0529.seg1.00w
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/CS/HB 529 (c2) Barcode 780346 1 taxable monthly retail sales of cable or video programming 2 services. 3 (b) Payments are not due under this subsection until 4 45 days after the municipality or county notifies the 5 respective providers. 6 (c) Any certificateholder may designate that portion 7 of that subscriber's bill attributable to any fee imposed 8 pursuant to this section as a separate item on the bill and 9 recover such amount from the subscriber. 10 (2) The provisions of subsection (1) do not alter the 11 rights of a cable service or video service provider with 12 respect to service areas designated pursuant to s. 13 610.104(2)(e)5. Any certificateholder providing cable service 14 or video service in a service area covered by the terms of an 15 existing cable or video service provider's franchise that is 16 subject to a court or other proceeding challenging the ability 17 of an incumbent cable or video service provider to exercise 18 its legal right to terminate its existing cable franchise 19 pursuant to s. 610.105 has the right to intervene in such 20 proceeding. 21 610.119 Reports to the Legislature.-- 22 (1) The Office of Program Policy Analysis and 23 Government Accountability shall submit to the President of the 24 Senate, the Speaker of the House of Representatives, and the 25 majority and minority leaders of the Senate and House of 26 Representatives, by December 1, 2009, and December 1, 2014, a 27 report on the status of competition in the cable and video 28 service industry, including, by each municipality and county, 29 the number of cable and video service providers, the number of 30 cable and video subscribers served, the number of areas served 31 by fewer than two cable or video service providers, the trend 11 7:38 PM 04/27/07 h0529.seg1.00w
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/CS/HB 529 (c2) Barcode 780346 1 in cable and video service prices, and the identification of 2 any patterns of service as they impact demographic and income 3 groups. 4 (2) By January 15, 2008, the Department of Agriculture 5 and Consumer Services shall make recommendations to the 6 President of the Senate, the Speaker of the House of 7 Representatives, and the majority and minority leaders of the 8 Senate and House of Representatives regarding the workload and 9 staffing requirements associated with consumer complaints 10 related to video and cable certificateholders. The Department 11 of State shall provide to the Department of Agriculture and 12 Consumer Services, for inclusion in the report, the workload 13 requirements for processing the certificates of franchise 14 authority. In addition, the Department of State shall provide 15 the number of applications filed for cable and video 16 certificates of franchise authority and the number of 17 amendments received to original applications for franchise 18 certificate authority. 19 610.120 Severability.--If any provision of ss. 20 610.102-610.119 or the application thereof to any person or 21 circumstance is held invalid, such invalidity shall not affect 22 other provisions or application of ss. 610.102-610.119 which 23 can be given effect without the invalid provision or 24 application, and to this end the provisions of ss. 25 610.102-610.119 are severable. 26 27 28 ================ T I T L E A M E N D M E N T =============== 29 And the title is amended as follows: 30 On page 2, line 52, through 31 page 3, line 81, delete those lines 12 7:38 PM 04/27/07 h0529.seg1.00w
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/CS/HB 529 (c2) Barcode 780346 1 and insert: 2 their functional equivalent; providing 3 criteria, requirements, and procedures; 4 providing exceptions; providing 5 responsibilities of municipalities and counties 6 relating to such channels; providing for cable 7 or video services for certain public 8 facilities; providing requirements for and 9 limitations on counties and municipalities 10 relating to access to public right-of-way; 11 prohibiting counties and municipalities from 12 imposing additional requirements on 13 certificateholders; authorizing counties and 14 municipalities to require permits of 15 certificateholders relating to public 16 right-of-way; providing permit criteria and 17 requirements; prohibiting discrimination among 18 cable and video service subscribers; providing 19 for enforcement; clarifying local government 20 and department authority over communications 21 services; providing for enforcement of 22 compliance by certificateholders; providing for 23 court-ordered operation under existing 24 franchise agreements; providing requirements 25 for cable service providers under certain court 26 orders; 27 28 29 30 31 13 7:38 PM 04/27/07 h0529.seg1.00w