HB 529

1
A bill to be entitled
2An act relating to statewide cable television and video
3service franchises; providing a short title; amending s.
4202.11, F.S.; providing a definition; amending s. 202.24,
5F.S.; prohibiting counties and municipalities from
6negotiating terms and conditions relating to cable and
7video services; deleting authorization to negotiate;
8revising application to existing ordinances or franchise
9agreements; amending s. 337.401, F.S.; deleting
10authorization for counties and municipalities to award
11cable service franchises and a restriction that cable
12service companies not operate without such a franchise;
13amending s. 337.4061, F.S.; revising definitions; creating
14ss. 610.102, 610.103, 610.104, 610.105, 610.106, 610.107,
15610.108, 610.109, 610.112, 610.113, 610.114, 610.115,
16610.116, and 610.117, F.S.; designating the Department of
17State as the authorizing authority; providing definitions;
18requiring state authorization to provide cable and video
19services; providing requirements and procedures; providing
20for fees; providing duties and responsibilities of the
21Department of State; providing application procedures and
22requirements; providing for issuing certificates of
23franchise authority; providing eligibility requirements
24and criteria for a certificate; authorizing the department
25to adopt rules; providing for an application form;
26providing for a fee; prohibiting the department from
27imposing taxes, fees, or charges on a cable or video
28service provider to issue a certificate; prohibiting
29imposing buildout, construction, and deployment
30requirements on a certificateholder; requiring
31certificateholders to make cable and video service
32available at certain public buildings under certain
33circumstances; imposing certain customer service
34requirements on cable service providers; requiring the
35Department of Agriculture and Consumer Services to receive
36customer service complaints; requiring provision of
37public, educational, and governmental access channels or
38capacity equivalent; providing criteria, requirements, and
39procedures; providing exceptions; providing
40responsibilities of municipalities and counties relating
41to such channels; providing for enforcement; providing
42requirements for and limitations on counties and
43municipalities relating to access to public right-of-way;
44prohibiting counties and municipalities from imposing
45additional requirements on certificateholders; authorizing
46counties and municipalities to require permits of
47certificateholders relating to public right-of-way;
48providing permit criteria and requirements; prohibiting
49discrimination among cable and video service subscribers;
50providing for enforcement; providing for determinations of
51violations; providing for enforcement of compliance by
52certificateholders; requiring the Office of Program Policy
53Analysis and Government Accountability to report to the
54Legislature on the status of competition in the cable and
55video service industry; providing report requirements;
56providing severability; repealing s. 166.046, F.S.,
57relating to definitions and minimum standards for cable
58television franchises imposed upon counties and
59municipalities; amending ss. 350.81 and 364.0361, F.S.;
60conforming cross-references; providing an effective date.
61
62Be It Enacted by the Legislature of the State of Florida:
63
64     Section 1.  This act may be cited as the "Consumer Choice
65Act of 2007."
66     Section 2.  Subsection (24) is added to section 202.11,
67Florida Statutes, to read:
68     202.11  Definitions.--As used in this chapter:
69     (24)  "Video service" has the same meaning as that provided
70in s. 610.103.
71     Section 3.  Paragraphs (a) and (c) of subsection (2) of
72section 202.24, Florida Statutes, are amended to read:
73     202.24  Limitations on local taxes and fees imposed on
74dealers of communications services.--
75     (2)(a)  Except as provided in paragraph (c), each public
76body is prohibited from:
77     1.  Levying on or collecting from dealers or purchasers of
78communications services any tax, charge, fee, or other imposition
79on or with respect to the provision or purchase of communications
80services.
81     2.  Requiring any dealer of communications services to enter
82into or extend the term of a franchise or other agreement that
83requires the payment of a tax, charge, fee, or other imposition.
84     3.  Adopting or enforcing any provision of any ordinance or
85agreement to the extent that such provision obligates a dealer of
86communications services to charge, collect, or pay to the public
87body a tax, charge, fee, or other imposition.
88
89Municipalities and counties may not Each municipality and county
90retains authority to negotiate all terms and conditions of a
91cable service franchise allowed by federal and state law except
92those terms and conditions related to franchise fees or and the
93definition of gross revenues or other definitions or
94methodologies related to the payment or assessment of franchise
95fees on providers of cable or video services.
96     (c)  This subsection does not apply to:
97     1.  Local communications services taxes levied under this
98chapter.
99     2.  Ad valorem taxes levied pursuant to chapter 200.
100     3.  Occupational license taxes levied under chapter 205.
101     4.  "911" service charges levied under chapter 365.
102     5.  Amounts charged for the rental or other use of property
103owned by a public body which is not in the public rights-of-way
104to a dealer of communications services for any purpose,
105including, but not limited to, the placement or attachment of
106equipment used in the provision of communications services.
107     6.  Permit fees of general applicability which are not
108related to placing or maintaining facilities in or on public
109roads or rights-of-way.
110     7.  Permit fees related to placing or maintaining facilities
111in or on public roads or rights-of-way pursuant to s. 337.401.
112     8.  Any in-kind requirements, institutional networks, or
113contributions for, or in support of, the use or construction of
114public, educational, or governmental access facilities allowed
115under federal law and imposed on providers of cable or video
116service pursuant to any existing ordinance or an existing
117franchise agreement granted by each municipality or county, under
118which ordinance or franchise agreement service is provided prior
119to July 1, 2007, or as permitted under chapter 610. Nothing in
120this subparagraph shall prohibit the ability of providers of
121cable or video service to recover such expenses as allowed under
122federal law.
123     9.  Special assessments and impact fees.
124     10.  Pole attachment fees that are charged by a local
125government for attachments to utility poles owned by the local
126government.
127     11.  Utility service fees or other similar user fees for
128utility services.
129     12.  Any other generally applicable tax, fee, charge, or
130imposition authorized by general law on July 1, 2000, which is
131not specifically prohibited by this subsection or included as a
132replaced revenue source in s. 202.20.
133     Section 4.  Paragraphs (a), (b), (e), and (f) of subsection
134(3) of section 337.401, Florida Statutes, are amended to read:
135     337.401  Use of right-of-way for utilities subject to
136regulation; permit; fees.--
137     (3)(a)1.  Because of the unique circumstances applicable to
138providers of communications services, including, but not limited
139to, the circumstances described in paragraph (e) and the fact
140that federal and state law require the nondiscriminatory
141treatment of providers of telecommunications services, and
142because of the desire to promote competition among providers of
143communications services, it is the intent of the Legislature that
144municipalities and counties treat providers of communications
145services in a nondiscriminatory and competitively neutral manner
146when imposing rules or regulations governing the placement or
147maintenance of communications facilities in the public roads or
148rights-of-way. Rules or regulations imposed by a municipality or
149county relating to providers of communications services placing
150or maintaining communications facilities in its roads or rights-
151of-way must be generally applicable to all providers of
152communications services and, notwithstanding any other law, may
153not require a provider of communications services, except as
154otherwise provided in subparagraph 2., to apply for or enter into
155an individual license, franchise, or other agreement with the
156municipality or county as a condition of placing or maintaining
157communications facilities in its roads or rights-of-way. In
158addition to other reasonable rules or regulations that a
159municipality or county may adopt relating to the placement or
160maintenance of communications facilities in its roads or rights-
161of-way under this subsection, a municipality or county may
162require a provider of communications services that places or
163seeks to place facilities in its roads or rights-of-way to
164register with the municipality or county and to provide the name
165of the registrant; the name, address, and telephone number of a
166contact person for the registrant; the number of the registrant's
167current certificate of authorization issued by the Florida Public
168Service Commission, or the Federal Communications Commission, or
169the Department of State; and proof of insurance or self-insuring
170status adequate to defend and cover claims.
171     2.  Notwithstanding the provisions of subparagraph 1., a
172municipality or county may, as provided by 47 U.S.C. s. 541,
173award one or more franchises within its jurisdiction for the
174provision of cable service, and a provider of cable service shall
175not provide cable service without such franchise. Each
176municipality and county retains authority to negotiate all terms
177and conditions of a cable service franchise allowed by federal
178law and s. 166.046, except those terms and conditions related to
179franchise fees and the definition of gross revenues or other
180definitions or methodologies related to the payment or assessment
181of franchise fees and permit fees as provided in paragraph (c) on
182providers of cable services. A municipality or county may
183exercise its right to require from providers of cable service in-
184kind requirements, including, but not limited to, institutional
185networks, and contributions for, or in support of, the use or
186construction of public, educational, or governmental access
187facilities to the extent permitted by federal law. A provider of
188cable service may exercise its right to recover any such expenses
189associated with such in-kind requirements, to the extent
190permitted by federal law.
191     (b)  Registration described in paragraph subparagraph (a)1.
192does not establish a right to place or maintain, or priority for
193the placement or maintenance of, a communications facility in
194roads or rights-of-way of a municipality or county. Each
195municipality and county retains the authority to regulate and
196manage municipal and county roads or rights-of-way in exercising
197its police power. Any rules or regulations adopted by a
198municipality or county which govern the occupation of its roads
199or rights-of-way by providers of communications services must be
200related to the placement or maintenance of facilities in such
201roads or rights-of-way, must be reasonable and nondiscriminatory,
202and may include only those matters necessary to manage the roads
203or rights-of-way of the municipality or county.
204     (e)  The authority of municipalities and counties to require
205franchise fees from providers of communications services, with
206respect to the provision of communications services, is
207specifically preempted by the state, except as otherwise provided
208in subparagraph (a)2., because of unique circumstances applicable
209to providers of communications services when compared to other
210utilities occupying municipal or county roads or rights-of-way.
211Providers of communications services may provide similar services
212in a manner that requires the placement of facilities in
213municipal or county roads or rights-of-way or in a manner that
214does not require the placement of facilities in such roads or
215rights-of-way. Although similar communications services may be
216provided by different means, the state desires to treat providers
217of communications services in a nondiscriminatory manner and to
218have the taxes, franchise fees, and other fees paid by providers
219of communications services be competitively neutral.
220Municipalities and counties retain all existing authority, if
221any, to collect franchise fees from users or occupants of
222municipal or county roads or rights-of-way other than providers
223of communications services, and the provisions of this subsection
224shall have no effect upon this authority. The provisions of this
225subsection do not restrict the authority, if any, of
226municipalities or counties or other governmental entities to
227receive reasonable rental fees based on fair market value for the
228use of public lands and buildings on property outside the public
229roads or rights-of-way for the placement of communications
230antennas and towers.
231     (f)  Except as expressly allowed or authorized by general
232law and except for the rights-of-way permit fees subject to
233paragraph (c), a municipality or county may not levy on a
234provider of communications services a tax, fee, or other charge
235or imposition for operating as a provider of communications
236services within the jurisdiction of the municipality or county
237which is in any way related to using its roads or rights-of-way.
238A municipality or county may not require or solicit in-kind
239compensation, except as otherwise provided in s. 202.24(2)(c)8.
240or s. 610.109 subparagraph (a)2. Nothing in this paragraph shall
241impair any ordinance or agreement in effect on May 22, 1998, or
242any voluntary agreement entered into subsequent to that date,
243which provides for or allows in-kind compensation by a
244telecommunications company.
245     Section 5.  Section 337.4061, Florida Statutes, is amended
246to read:
247     337.4061  Definitions; unlawful use of state-maintained road
248right-of-way by nonfranchised cable and video television
249services.--
250     (1)  As used in this section, the term:
251     (a)  "Cable service" means:
252     1.  The one-way transmission to subscribers of video
253programming or any other programming service; and
254     2.  Subscriber interaction, if any, which is required for
255the selection of such video programming or other programming
256service.
257     (b)  "Cable system" means a facility, consisting of a set of
258closed transmission paths and associated signal generation,
259reception, and control equipment that is designed to provide
260cable service which includes video programming and which is
261provided to multiple subscribers within a community, but such
262term does not include:
263     1.  A facility that serves only to retransmit the television
264signals of one or more television broadcast stations;
265     2.  A facility that serves only subscribers in one or more
266multiple-unit dwellings under common ownership, control, or
267management, unless such facility or facilities use any public
268right-of-way;
269     3.  A facility that serves subscribers without using any
270public right-of-way.
271     4.3.  A facility of a common carrier that is subject, in
272whole or in part, to the provisions of 47 U.S.C. s. 201 et seq.,
273except the specific bandwidths or wavelengths used by that such
274facility shall be considered a cable system only to the extent
275such bandwidths or wavelengths are facility is used in the
276transmission of video programming directly to subscribers, unless
277the extent of such use is solely to provide interactive on-demand
278services, in which case the use of such bandwidths or wavelengths
279is not a cable system; or
280     5.4.  Any facilities of any electric utility used solely for
281operating its electric utility systems.
282     (c)  "Franchise" means an initial authorization or renewal
283thereof issued by a franchising authority, whether such
284authorization is designated as a franchise, permit, license,
285resolution, contract, certificate, agreement, or otherwise, which
286authorizes the construction or operation of a cable system or
287video service provider network facilities.
288     (d)  "Franchising authority" means any governmental entity
289empowered by federal, state, or local law to grant a franchise.
290     (e)  "Person" means an individual, partnership, association,
291joint stock company, trust, corporation, or governmental entity.
292     (f)  "Video programming" means programming provided by or
293generally considered comparable to programming provided by a
294television broadcast station or cable system.
295     (g)  "Video service" has the same meaning as that provided
296in s. 610.103.
297     (2)  It is unlawful to use the right-of-way of any state-
298maintained road, including appendages thereto, and also
299including, but not limited to, rest areas, wayside parks, boat-
300launching ramps, weigh stations, and scenic easements, to provide
301for cable or video service over facilities purposes within a
302geographic area subject to a valid existing franchise for cable
303or video service, unless the cable or video service provider
304system using such right-of-way holds a franchise from a franchise
305authority the municipality or county for the area in which the
306right-of-way is located.
307     (3)  A violation of this section shall be deemed a violation
308of s. 337.406.
309     Section 6.  Sections 610.102, 610.103, 610.104, 610.105,
310610.106, 610.107, 610.108, 610.109, 610.112, 610.113, 610.114,
311610.115, 610.116, and 610.117, Florida Statutes, are created to
312read:
313     610.102  Department of State authority to issue statewide
314cable and video franchise.--The department shall be designated as
315the franchising authority for a state-issued franchise for the
316provision of cable or video service. A municipality or county may
317not grant a new franchise for the provision of cable or video
318service within its jurisdiction.
319     610.103  Definitions.--As used in ss. 610.102-610.116:
320     (1)  "Cable service" means:
321     (a)  The one-way transmission to subscribers of video
322programming or any other programming service.
323     (b)  Subscriber interaction, if any, that is required for
324the selection of such video programming or other programming
325service.
326     (2)  "Cable service provider" means a person that provides
327cable service over a cable system.
328     (3)  "Cable system" means a facility consisting of a set of
329closed transmission paths and associated signal generation,
330reception, and control equipment that is designed to provide
331cable service that includes video programming and that is
332provided to multiple subscribers within a community, but such
333term does not include:
334     (a)  A facility that serves only to retransmit the
335television signals of one or more television broadcast stations;
336     (b)  A facility that serves only subscribers in one or more
337multiple-unit dwellings under common ownership, control, or
338management, unless such facility or facilities use any public
339right-of-way;
340     (c)  A facility that serves subscribers without using any
341public right-of-way;
342     (d)  A facility of a common carrier that is subject, in
343whole or in part, to the provisions of 47 U.S.C. s. 201 et seq.,
344except that the specific bandwidths or wavelengths over such
345facility shall be considered a cable system only to the extent
346such bandwidths or wavelengths are used in the transmission of
347video programming directly to subscribers, unless the extent of
348such use is solely to provide interactive on-demand services, in
349which case it is not a cable system; or
350     (e)  Any facilities of any electric utility used solely for
351operating its electric utility systems.
352     (4)  "Certificateholder" means a cable or video service
353provider that has been issued and holds a certificate of
354franchise authority from the department.
355     (5)  "Department" means the Department of State.
356     (6)  "Franchise" means an initial authorization or renewal
357of an authorization, regardless of whether the authorization is
358designated as a franchise, permit, license, resolution, contract,
359certificate, agreement, or otherwise, to construct and operate a
360cable system or video service provider network facilities in the
361public right-of-way.
362     (7)  "Franchise authority" means any governmental entity
363empowered by federal, state, or local law to grant a franchise.
364     (8)  "Incumbent cable service provider" means the cable
365service provider serving the largest number of cable subscribers
366in a particular municipal or county franchise area on July 1,
3672007.
368     (9)  "Public right-of-way" means the area on, below, or
369above a public roadway, highway, street, sidewalk, alley, or
370waterway, including, without limitation, a municipal, county,
371state, district, or other public roadway, highway, street,
372sidewalk, alley, or waterway.
373     (10)  "Video programming" means programming provided by, or
374generally considered comparable to programming provided by, a
375television broadcast station as set forth in 47 U.S.C. s.
376522(20).
377     (11)  "Video service" means video programming services
378provided through wireline facilities located at least in part in
379the public rights-of-way without regard to delivery technology,
380including Internet protocol technology. This definition does not
381include any video programming provided by a commercial mobile
382service provider as defined in 47 U.S.C. s. 332(d), video
383programming provided via a cable service or video programming
384provided as part of, and via, a service that enables end users to
385access content, information, electronic mail, or other services
386offered over the Internet.
387     (12)  "Video service provider" means a video programming
388distributor that distributes video programming services through
389wireline facilities located at least in part in the public
390rights-of-way without regard to delivery technology. This term
391does not include a cable service provider.
392     610.104  State authorization to provide cable or video
393service.--
394     (1)  An entity or person seeking to provide cable or video
395service in this state after July 1, 2007, shall file an
396application for a state-issued certificate of franchise authority
397with the department as required by this section. An entity or
398person providing cable or video service under an unexpired
399franchise agreement with a municipality or county as of July 1,
4002007, is not subject to this subsection with respect to providing
401service in such municipality or county until the franchise
402agreement expires, except as provided by subsection (2) and s.
403610.105(4). An entity or person providing cable or video service
404may seek authorization from the department to provide service in
405areas where the entity or person currently does not have an
406existing franchise agreement as of July 1, 2007.
407     (2)  Beginning July 1, 2007, a cable or video service
408provider that is not an incumbent cable or video service provider
409and provides cable or video service to less than 40 percent of
410the total cable and video service subscribers in a particular
411franchise area may elect to terminate an existing municipal or
412county franchise and seek a state-issued certificate of franchise
413authority by providing written notice to the Secretary of State
414and the affected municipality or county after July 1, 2007. The
415municipal or county franchise is terminated under this subsection
416on the date the department issues the state-issued certificate of
417franchise authority.
418     (3)  Before the 10th business day after an applicant submits
419the affidavit, the department shall notify the applicant for a
420state-issued certificate of franchise authority whether the
421applicant's affidavit described by subsection (4) is complete. If
422the department denies the application, the department must
423specify with particularity the reasons for the denial and permit
424the applicant to amend the application to cure any deficiency.
425The department shall act upon such amended application within 5
426business days.
427     (4)  The department shall issue a certificate of franchise
428authority to offer cable or video service before the 15th
429business day after receipt of a completed affidavit submitted by
430an applicant and signed by an officer or general partner of the
431applicant affirming:
432     (a)  That the applicant has filed or will timely file with
433the Federal Communications Commission all forms required by that
434agency in advance of offering cable or video service in this
435state;
436     (b)  That the applicant agrees to comply with all applicable
437federal and state laws and regulations, to the extent that such
438state laws and rules are not in conflict with or superseded by
439the provisions of this chapter or other applicable state law;
440     (c)  That the applicant agrees to comply with all lawful
441state laws and rules and municipal and county ordinances and
442regulations regarding the placement and maintenance of
443communications facilities in the public rights-of-way that are
444generally applicable to providers of communications services in
445accordance with s. 337.401;
446     (d)  A description of the service area for which the
447applicant seeks the certificate of franchise authority, which
448need not be coextensive with municipal, county, or other
449political boundaries;
450     (e)  The location of the applicant's principal place of
451business and the names of the applicant's principal executive
452officers; and
453     (f)  That the applicant will file with the department a
454notice of commencement of service within 5 days after first
455providing service in each service area described in paragraph
456(d).
457     (5)  If the department fails to act on the application
458within 30 business days after receiving the application, the
459application shall be deemed approved by the department without
460further action.
461     (6)  The certificate of franchise authority issued by the
462department shall contain:
463     (a)  A grant of authority to provide cable or video service
464as requested in the application.
465     (b)  A grant of authority to construct, maintain, and
466operate facilities through, upon, over, and under any public
467right-of-way or waters.
468     (c)  A statement that the grant of authority is subject to
469lawful operation of the cable or video service by the applicant
470or its successor in interest.
471     (7)  A certificateholder that seeks to include additional
472service areas in its current certificate shall file notice with
473the department that reflects the new service area or areas to be
474served and shall file with the department a notice of
475commencement of service within 5 days after first providing
476service in each such additional area.
477     (8)  The certificate of franchise authority issued by the
478department is fully transferable to any successor in interest to
479the applicant to which the certificate is initially granted. A
480notice of transfer shall be filed with the department and the
481relevant municipality or county within 14 business days following
482the completion of such transfer.
483     (9)  The certificate of franchise authority issued by the
484department may be terminated by the cable or video service
485provider by submitting notice to the department.
486     (10)  An applicant may challenge a denial of an application
487by the department in a court of competent jurisdiction through a
488petition for mandamus.
489     (11)  The department shall adopt any procedural rules
490pursuant to ss. 120.536(1) and 120.54 necessary to implement this
491section.
492     (12)  The department may establish a standard application
493form, in which case the application shall be on such form and
494must be accompanied by a fee established by the department, not
495to exceed $150.
496     610.105  Eligibility for state-issued franchise.--
497     (1)  Except as provided in s. 610.104(1) and (2) and
498subsection (4), an incumbent cable service provider that has an
499existing, unexpired franchise to provide cable service with
500respect to a municipality or county as of July 1, 2007, is not
501eligible to apply for a state-issued certificate of franchise
502authority under this chapter as to that municipality or county
503until the expiration date of the existing franchise agreement.
504     (2)  For purposes of this section, an incumbent cable
505service provider will be deemed to have or have had a franchise
506to provide cable service in a specific municipality or county if
507any affiliate or successor entity of the cable service provider
508has or had an unexpired franchise agreement granted by that
509specific municipality or county as of July 1, 2007.
510     (3)  The term "affiliate or successor entity" in this
511section refers to an entity receiving, obtaining, or operating
512under a franchise that directly or indirectly owns or controls,
513is owned or controlled by, or is under common ownership or
514control with the cable service provider.
515     (4)  Notwithstanding subsection (1), an incumbent cable
516service provider may elect to terminate an existing municipal or
517county franchise and apply for a state-issued certificate of
518franchise authority with respect to such municipality or county
519if another cable or video service provider has been granted a
520state-issued certificate of franchise authority for a service
521area located in whole or in part within the service area covered
522by the existing municipal or county franchise and such
523certificateholder has commenced providing service in such area.
524The incumbent cable service provider shall provide at the time of
525filing its application for a state-issued certificate of
526franchise authority written notice of its intent to terminate its
527existing franchise under this subsection to the department and to
528the affected municipality or county. The municipal or county
529franchise shall be terminated under this section on the date the
530department issues to the incumbent cable service provider the
531state-issued certificate of franchise authority to provide
532service in such municipality or county franchise area to the
533incumbent cable service provider.
534     610.106  Franchise fee prohibited.--The department may not
535impose any taxes, fees, charges, or other impositions on a cable
536or video service provider as a condition for the issuance of a
537state-issued certificate of franchise authority. No municipality
538or county may impose any taxes, fees, charges, or other exactions
539on certificateholders in connection with use of public right-of-
540way as a condition of a certificateholder doing business in the
541municipality or county, or otherwise, except such taxes, fees,
542charges, or other exactions permitted by chapter 202 and s.
543337.401(6).
544     610.107  Buildout.--No franchising authority, state agency,
545or political subdivision may impose any buildout, system
546construction, or service deployment requirements on a
547certificateholder.
548     610.108  Customer service standards.--
549     (1)  An incumbent cable service provider shall comply with
550customer service requirements reasonably comparable to the
551standards in 47 C.F.R. s. 76.309(c) until there are two or more
552providers offering service, excluding direct-to-home satellite
553service, in the incumbent service provider's relevant service
554area.
555     (2)  Beginning on July 1, 2009, for all providers of cable
556service in municipalities and counties that, as of January 1,
5572007, have an office or department dedicated to responding to
558cable service quality complaints, all such complaints shall be
559handled on and after July 1, 2009, by the Department of
560Agriculture and Consumer Services. Until that time, cable service
561quality complaints shall continue to be handled by the
562municipality or county. This provision shall not be construed to
563permit the municipality or county to impose customer service
564standards in conflict with this section.
565     (3)  The Department of Agriculture and Consumer Services
566shall receive service quality complaints from customers of a
567certificateholder and shall address such complaints in an
568expeditious manner by assisting in the resolution of such
569complaint between the complainant and the certificateholder. The
570Department of Agriculture and Consumer Services shall adopt any
571procedural rules pursuant to ss. 120.536(1) and 120.54 necessary
572to implement this section.
573     610.109  Public, educational, and governmental access
574channels.--
575     (1)  A certificateholder, not later than 12 months following
576a request by a municipality or county within whose jurisdiction
577the certificateholder is providing cable or video service, shall
578designate a sufficient amount of capacity on its network to allow
579the provision of public, educational, and governmental access
580channels for noncommercial programming as set forth in this
581section, except that a holder of a state-issued certificate of
582authority granted pursuant to s. 610.105 shall be required to
583satisfy the public, educational, and government access channel
584capacity obligations specified in this section upon issuance of
585such certificate for any service area covered by such certificate
586that is located within the service area that was covered by the
587cable provider's terminated franchise.
588     (2)  A certificateholder shall designate a sufficient amount
589of capacity on its network to allow the provision of a comparable
590number of public, educational, and governmental access channels
591or capacity equivalent that a municipality or county has
592activated under the incumbent cable service provider's franchise
593agreement as of July 1, 2007. For the purposes of this section, a
594public, educational, or governmental channel is deemed activated
595if the channel is being used for public, educational, or
596governmental programming within the municipality for at least 10
597hours per day.
598     (3)  If a municipality or county did not have public,
599educational, or governmental access channels activated under the
600incumbent cable service provider's franchise agreement as of July
6011, 2007, not later than 12 months following a request by the
602municipality or county within whose jurisdiction a
603certificateholder is providing cable or video service, the cable
604or video service provider shall furnish:
605     (a)  Up to three public, educational, or governmental
606channels or capacity equivalent for a municipality or county with
607a population of at least 50,000.
608     (b)  Up to two public, educational, or governmental channels
609or capacity equivalent for a municipality or county with a
610population of less than 50,000.
611     (4)  Any public, educational, or governmental channel
612provided pursuant to this section that is not used by the
613municipality or county for at least 10 hours a day shall no
614longer be made available to the municipality or county but may be
615programmed at the cable or video service provider's discretion.
616At such time as the municipality or county can certify to the
617cable or video service provider a schedule for at least 10 hours
618of daily programming, the cable or video service provider shall
619restore the previously lost channel but shall be under no
620obligation to carry that channel on a basic or analog tier.
621     (5)  If a municipality or county has not used the number of
622access channels or capacity equivalent permitted by subsection
623(3), access to the additional channels or capacity equivalent
624allowed in subsection (3) shall be provided upon 12 month's
625written notice if the municipality or county meets the following
626standard: if a municipality or county has one active public,
627educational, or governmental channel and wishes to activate an
628additional public, educational, or governmental channel, the
629initial channel shall be considered to be substantially used when
63012 hours are programmed on that channel each calendar day. In
631addition, at least 40 percent of the 12 hours of programming for
632each business day on average over each calendar quarter must be
633nonrepeat programming. Nonrepeat programming shall include the
634first three videocastings of a program. If a municipality or
635county is entitled to three public, educational, or governmental
636channels under subsection (3) and has in service two active
637public, educational, or governmental channels, each of the two
638active channels shall be considered to be substantially used when
63912 hours are programmed on each channel each calendar day and at
640least 50 percent of the 12 hours of programming for each business
641day on average over each calendar quarter is nonrepeat
642programming for three consecutive calendar quarters.
643     (6)  The operation of any public, educational, or
644governmental access channel or capacity equivalent provided under
645this section shall be the responsibility of the municipality or
646county receiving the benefit of such channel or capacity
647equivalent, and a certificateholder bears only the responsibility
648for the transmission of such channel content. A certificateholder
649shall be responsible for providing the connectivity to each
650public, educational, or governmental access channel distribution
651point up to the first 200 feet from the certificateholder's
652activated cable or video transmission system.
653     (7)  The municipality or county shall ensure that all
654transmissions, content, or programming to be transmitted over a
655channel or facility by a certificateholder are provided or
656submitted to the cable or video service provider in a manner or
657form that is capable of being accepted and transmitted by a
658provider without any requirement for additional alteration or
659change in the content by the provider, over the particular
660network of the cable or video service provider, which is
661compatible with the technology or protocol used by the cable or
662video service provider to deliver services. The provision of
663public, educational, or governmental content to the provider
664constitutes authorization for the provider to carry such content,
665including, at the provider's option, authorization to carry the
666content beyond the jurisdictional boundaries of the municipality
667or county.
668     (8)  Where technically feasible, a certificateholder and an
669incumbent cable service provider shall use reasonable efforts to
670interconnect their networks for the purpose of providing public,
671educational, and governmental programming. Interconnection may be
672accomplished by direct cable, microwave link, satellite, or other
673reasonable method of connection. Certificateholders and incumbent
674cable service providers shall negotiate in good faith and
675incumbent cable service providers may not withhold
676interconnection of public, educational, and governmental
677channels.
678     (9)  A certificateholder is not required to interconnect
679for, or otherwise to transmit, public, educational, and
680governmental content that is branded with the logo, name, or
681other identifying marks of another cable or video service
682provider, and a municipality or county may require a cable or
683video service provider to remove its logo, name, or other
684identifying marks from public, educational, and governmental
685content that is to be made available to another provider.
686     (10)  A court of competent jurisdiction shall have exclusive
687jurisdiction to enforce any requirement under this section.
688     610.112  Nondiscrimination by municipality or county.--
689     (1)  A municipality or county shall allow a
690certificateholder to install, construct, and maintain a network
691within a public right-of-way and shall provide a
692certificateholder with open, comparable, nondiscriminatory, and
693competitively neutral access to the public right-of-way in
694accordance with the provisions of s. 337.401. All use of a public
695right-of-way by a certificateholder is nonexclusive.
696     (2)  A municipality or county may not discriminate against a
697certificateholder regarding:
698     (a)  The authorization or placement of a network in a public
699right-of-way;
700     (b)  Access to a building or other property; or
701     (c)  Utility pole attachment terms.
702     610.113  Limitation on local authority.--
703     (1)  A municipality or county may not impose additional
704requirements on a certificateholder, including, but not limited
705to, financial, operational, and administrative requirements,
706except as expressly permitted by this chapter. A municipality or
707county may not impose on activities of a certificateholder a
708requirement:
709     (a)  That particular business offices be located in the
710municipality or county;
711     (b)  Regarding the filing of reports and documents with the
712municipality or county that are not required by state or federal
713law and that are not related to the use of the public right-of-
714way. Reports and documents other than schematics indicating the
715location of facilities for a specific site that are provided in
716the normal course of the municipality's or county's permitting
717process, that are authorized by s. 337.401 for communications
718services providers, or that are otherwise required in the normal
719course of such permitting process shall not be considered related
720to the use of the public right-of-way for communications service
721providers. A municipality or county may not request information
722concerning the capacity or technical configuration of a
723certificateholder's facilities;
724     (c)  For the inspection of a certificateholder's business
725records; or
726     (d)  For the approval of transfers of ownership or control
727of a certificateholder's business, except that a municipality or
728county may require a certificateholder to provide notice of a
729transfer within a reasonable time.
730     (2)  Notwithstanding any other provision of law, a
731municipality or county may require the issuance of a permit in
732accordance with and subject to s. 337.401 to a certificateholder
733that is placing and maintaining facilities in or on a public
734right-of-way in the municipality or county. In accordance with s.
735337.402, the permit may require the permitholder to be
736responsible, at the permitholder's expense, for any damage
737resulting from the issuance of such permit and for restoring the
738public right-of-way to a substantially similar condition to that
739of the public right-of-way before installation of such
740facilities. The terms of the permit shall be consistent with
741construction permits issued to other providers of communications
742services placing or maintaining communications facilities in a
743public right-of-way.
744     610.114  Discrimination prohibited.--
745     (1)  The purpose of this section is to prevent
746discrimination among potential residential subscribers.
747     (2)  Pursuant to 47 U.S.C. s. 541(a)(3), a certificateholder
748may not deny access to service to any group of potential
749residential subscribers because of the income of the residents in
750the local area in which such group resides.
751     (3)  An affected person may seek enforcement of subsection
752(2) by initiating a proceeding with the Department of Agriculture
753and Consumer Services pursuant to s. 570.544.
754     (4)  For purposes of determining whether a certificateholder
755has violated subsection (2), cost, density, distance, and
756technological or commercial limitations shall be taken into
757account. Use of an alternative technology that provides
758comparable content, service, and functionality may not be
759considered a violation of subsection (2). The inability to serve
760an end user because a certificateholder is prohibited from
761placing its own facilities in a building or property is not a
762violation of subsection (2). This section may not be construed to
763authorize any buildout requirements on a certificateholder.
764     (5)  The Department of Agriculture and Consumer Services
765shall adopt any procedural rules pursuant to ss. 120.536(1) and
766120.54 necessary to implement this section.
767     610.115  Compliance.--If a certificateholder is found by a
768court of competent jurisdiction not to be in compliance with the
769requirements of this chapter, the certificateholder shall have a
770reasonable period of time, as specified by the court, to cure
771such noncompliance.
772     610.116  Reports to the Legislature.--The Office of Program
773Policy Analysis and Government Accountability shall submit to the
774President of the Senate, the Speaker of the House of
775Representatives, and the majority and minority leaders of the
776Senate and House of Representatives, by December 1, 2009, a
777report on the status of competition in the cable and video
778service industry, including, by each municipality and county, the
779number of cable and video service providers, the number of cable
780and video subscribers served, the number of areas served by fewer
781than two cable or video service providers, the trend in cable and
782video service prices, and the identification of any patterns of
783service as they impact demographic and income groups.
784     610.117  Severability.--If any provision of ss. 610.102-
785610.102-610.116 or the application thereof to any person or
786circumstance is held invalid, such invalidity shall not affect
787other provisions or application of ss. 610.102-610.116 that can
788be given effect without the invalid provision or application, and
789to this end the provisions of ss. 610.102-610.116 are severable.
790     Section 7.  Section 166.046, Florida Statutes, is repealed.
791     Section 8.  Paragraph (a) of subsection (3) of section
792350.81, Florida Statutes, is amended to read:
793     350.81  Communications services offered by governmental
794entities.--
795     (3)(a)  A governmental entity that provides a cable service
796shall comply with the Cable Communications Policy Act of 1984, 47
797U.S.C. ss. 521 et seq., the regulations issued by the Federal
798Communications Commission under the Cable Communications Policy
799Act of 1984, 47 U.S.C. ss. 521 et seq., and all applicable state
800and federal rules and regulations, including, but not limited to,
801s. 166.046 and those provisions of chapters 202, 212, and 337,
802and 610 that which apply to a provider of the services.
803     Section 9.  Section 364.0361, Florida Statutes, is amended
804to read:
805     364.0361  Local government authority; nondiscriminatory
806exercise.--A local government shall treat each telecommunications
807company in a nondiscriminatory manner when exercising its
808authority to grant franchises to a telecommunications company or
809to otherwise establish conditions or compensation for the use of
810rights-of-way or other public property by a telecommunications
811company. A local government may not directly or indirectly
812regulate the terms and conditions, including, but not limited to,
813the operating systems, qualifications, services, service quality,
814service territory, and prices, applicable to or in connection
815with the provision of any voice-over-Internet protocol,
816regardless of the platform, provider, or protocol, broadband or
817information service. This section does not relieve a provider
818from any obligations under s. 166.046 or s. 337.401.
819     Section 10.  This act shall take effect upon becoming a law.


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