CS/HB 529

1	A bill to be entitled
2	An act relating to statewide cable television and video
3	service franchises; providing a short title; amending s.
4	202.11, F.S.; providing a definition; amending s. 202.24,
5	F.S.; prohibiting counties and municipalities from
6	negotiating terms and conditions relating to cable and
7	video services; deleting authorization to negotiate;
8	revising application to existing ordinances or franchise
9	agreements; amending s. 337.401, F.S.; deleting
10	authorization for counties and municipalities to award
11	cable service franchises and a restriction that cable
12	service companies not operate without such a franchise;
13	amending s. 337.4061, F.S.; revising definitions; creating
14	ss. 610.102, 610.103, 610.104, 610.105, 610.106, 610.107,
15	610.108, 610.109, 610.112, 610.113, 610.114, 610.115,
16	610.116, and 610.117, F.S.; designating the Department of
17	State as the authorizing authority; providing definitions;
18	requiring state authorization to provide cable and video
19	services; providing requirements and procedures; providing
20	for fees; providing duties and responsibilities of the
21	Department of State; providing application procedures and
22	requirements; providing for issuing certificates of
23	franchise authority; providing eligibility requirements
24	and criteria for a certificate; authorizing the department
25	to adopt rules; providing for an application form;
26	providing for an application fee; requiring certain
27	information updates; providing for a processing fee;
28	providing for transfer of such fees to the Department of
29	Agriculture and Consumer Services; requiring the
30	department to maintain a separate account for cable
31	franchise revenues; providing for fees to the Department
32	of State for certain activities; prohibiting the
33	department from imposing additional taxes, fees, or
34	charges on a cable or video service provider to issue a
35	certificate; prohibiting imposing buildout, construction,
36	and deployment requirements on a certificateholder;
37	requiring certificateholders to make cable and video
38	service available at certain public buildings under
39	certain circumstances; imposing certain customer service
40	requirements on cable service providers; requiring the
41	Department of Agriculture and Consumer Services to receive
42	customer service complaints; requiring provision of
43	public, educational, and governmental access channels or
44	capacity equivalent; providing criteria, requirements, and
45	procedures; providing exceptions; providing
46	responsibilities of municipalities and counties relating
47	to such channels; providing for enforcement; providing
48	requirements for and limitations on counties and
49	municipalities relating to access to public right-of-way;
50	prohibiting counties and municipalities from imposing
51	additional requirements on certificateholders; authorizing
52	counties and municipalities to require permits of
53	certificateholders relating to public right-of-way;
54	providing permit criteria and requirements; prohibiting
55	discrimination among cable and video service subscribers;
56	providing for enforcement; providing for determinations of
57	violations; providing for enforcement of compliance by
58	certificateholders; requiring the Office of Program Policy
59	Analysis and Government Accountability to report to the
60	Legislature on the status of competition in the cable and
61	video service industry; providing report requirements;
62	requiring the Department of Agriculture and Consumer
63	Services to make recommendations to the Legislature;
64	providing duties of the Department of State; providing
65	severability; repealing s. 166.046, F.S., relating to
66	definitions and minimum standards for cable television
67	franchises imposed upon counties and municipalities;
68	amending ss. 350.81 and 364.0361, F.S.; conforming cross-
69	references; providing an effective date.
70
71	Be It Enacted by the Legislature of the State of Florida:
72
73	Section 1.  This act may be cited as the "Consumer Choice
74	Act of 2007."
75	Section 2.  Subsection (24) is added to section 202.11,
76	Florida Statutes, to read:
77	202.11  Definitions.--As used in this chapter:
78	(24)  "Video service" has the same meaning as that provided
79	in s. 610.103.
80	Section 3.  Paragraphs (a) and (c) of subsection (2) of
81	section 202.24, Florida Statutes, are amended to read:
82	202.24  Limitations on local taxes and fees imposed on
83	dealers of communications services.--
84	(2)(a)  Except as provided in paragraph (c), each public
85	body is prohibited from:
86	1.  Levying on or collecting from dealers or purchasers of
87	communications services any tax, charge, fee, or other
88	imposition on or with respect to the provision or purchase of
89	communications services.
90	2.  Requiring any dealer of communications services to
91	enter into or extend the term of a franchise or other agreement
92	that requires the payment of a tax, charge, fee, or other
93	imposition.
94	3.  Adopting or enforcing any provision of any ordinance or
95	agreement to the extent that such provision obligates a dealer
96	of communications services to charge, collect, or pay to the
97	public body a tax, charge, fee, or other imposition.
98
99	Municipalities and counties may not Each municipality and county
100	retains authority to negotiate all terms and conditions of a
101	cable service franchise allowed by federal and state law except
102	those terms and conditions related to franchise fees or and the
103	definition of gross revenues or other definitions or
104	methodologies related to the payment or assessment of franchise
105	fees on providers of cable or video services.
106	(c)  This subsection does not apply to:
107	1.  Local communications services taxes levied under this
108	chapter.
109	2.  Ad valorem taxes levied pursuant to chapter 200.
110	3.  Occupational license taxes levied under chapter 205.
111	4.  "911" service charges levied under chapter 365.
112	5.  Amounts charged for the rental or other use of property
113	owned by a public body which is not in the public rights-of-way
114	to a dealer of communications services for any purpose,
115	including, but not limited to, the placement or attachment of
116	equipment used in the provision of communications services.
117	6.  Permit fees of general applicability which are not
118	related to placing or maintaining facilities in or on public
119	roads or rights-of-way.
120	7.  Permit fees related to placing or maintaining
121	facilities in or on public roads or rights-of-way pursuant to s.
122	337.401.
123	8.  Any in-kind requirements, institutional networks, or
124	contributions for, or in support of, the use or construction of
125	public, educational, or governmental access facilities allowed
126	under federal law and imposed on providers of cable or video
127	service pursuant to any existing ordinance or an existing
128	franchise agreement granted by each municipality or county,
129	under which ordinance or franchise agreement service is provided
130	prior to July 1, 2007, or as permitted under chapter 610.
131	Nothing in this subparagraph shall prohibit the ability of
132	providers of cable or video service to recover such expenses as
133	allowed under federal law.
134	9.  Special assessments and impact fees.
135	10.  Pole attachment fees that are charged by a local
136	government for attachments to utility poles owned by the local
137	government.
138	11.  Utility service fees or other similar user fees for
139	utility services.
140	12.  Any other generally applicable tax, fee, charge, or
141	imposition authorized by general law on July 1, 2000, which is
142	not specifically prohibited by this subsection or included as a
143	replaced revenue source in s. 202.20.
144	Section 4.  Paragraphs (a), (b), (e), and (f) of subsection
145	(3) of section 337.401, Florida Statutes, are amended to read:
146	337.401  Use of right-of-way for utilities subject to
147	regulation; permit; fees.--
148	(3)(a)1.  Because of the unique circumstances applicable to
149	providers of communications services, including, but not limited
150	to, the circumstances described in paragraph (e) and the fact
151	that federal and state law require the nondiscriminatory
152	treatment of providers of telecommunications services, and
153	because of the desire to promote competition among providers of
154	communications services, it is the intent of the Legislature
155	that municipalities and counties treat providers of
156	communications services in a nondiscriminatory and competitively
157	neutral manner when imposing rules or regulations governing the
158	placement or maintenance of communications facilities in the
159	public roads or rights-of-way. Rules or regulations imposed by a
160	municipality or county relating to providers of communications
161	services placing or maintaining communications facilities in its
162	roads or rights-of-way must be generally applicable to all
163	providers of communications services and, notwithstanding any
164	other law, may not require a provider of communications
165	services, except as otherwise provided in subparagraph 2., to
166	apply for or enter into an individual license, franchise, or
167	other agreement with the municipality or county as a condition
168	of placing or maintaining communications facilities in its roads
169	or rights-of-way. In addition to other reasonable rules or
170	regulations that a municipality or county may adopt relating to
171	the placement or maintenance of communications facilities in its
172	roads or rights-of-way under this subsection, a municipality or
173	county may require a provider of communications services that
174	places or seeks to place facilities in its roads or rights-of-
175	way to register with the municipality or county and to provide
176	the name of the registrant; the name, address, and telephone
177	number of a contact person for the registrant; the number of the
178	registrant's current certificate of authorization issued by the
179	Florida Public Service Commission, or the Federal Communications
180	Commission, or the Department of State; and proof of insurance
181	or self-insuring status adequate to defend and cover claims.
182	2.  Notwithstanding the provisions of subparagraph 1., a
183	municipality or county may, as provided by 47 U.S.C. s. 541,
184	award one or more franchises within its jurisdiction for the
185	provision of cable service, and a provider of cable service
186	shall not provide cable service without such franchise. Each
187	municipality and county retains authority to negotiate all terms
188	and conditions of a cable service franchise allowed by federal
189	law and s. 166.046, except those terms and conditions related to
190	franchise fees and the definition of gross revenues or other
191	definitions or methodologies related to the payment or
192	assessment of franchise fees and permit fees as provided in
193	paragraph (c) on providers of cable services. A municipality or
194	county may exercise its right to require from providers of cable
195	service in-kind requirements, including, but not limited to,
196	institutional networks, and contributions for, or in support of,
197	the use or construction of public, educational, or governmental
198	access facilities to the extent permitted by federal law. A
199	provider of cable service may exercise its right to recover any
200	such expenses associated with such in-kind requirements, to the
201	extent permitted by federal law.
202	(b)  Registration described in paragraph subparagraph (a)1.
203	does not establish a right to place or maintain, or priority for
204	the placement or maintenance of, a communications facility in
205	roads or rights-of-way of a municipality or county. Each
206	municipality and county retains the authority to regulate and
207	manage municipal and county roads or rights-of-way in exercising
208	its police power. Any rules or regulations adopted by a
209	municipality or county which govern the occupation of its roads
210	or rights-of-way by providers of communications services must be
211	related to the placement or maintenance of facilities in such
212	roads or rights-of-way, must be reasonable and
213	nondiscriminatory, and may include only those matters necessary
214	to manage the roads or rights-of-way of the municipality or
215	county.
216	(e)  The authority of municipalities and counties to
217	require franchise fees from providers of communications
218	services, with respect to the provision of communications
219	services, is specifically preempted by the state, except as
220	otherwise provided in subparagraph (a)2., because of unique
221	circumstances applicable to providers of communications services
222	when compared to other utilities occupying municipal or county
223	roads or rights-of-way. Providers of communications services may
224	provide similar services in a manner that requires the placement
225	of facilities in municipal or county roads or rights-of-way or
226	in a manner that does not require the placement of facilities in
227	such roads or rights-of-way. Although similar communications
228	services may be provided by different means, the state desires
229	to treat providers of communications services in a
230	nondiscriminatory manner and to have the taxes, franchise fees,
231	and other fees paid by providers of communications services be
232	competitively neutral. Municipalities and counties retain all
233	existing authority, if any, to collect franchise fees from users
234	or occupants of municipal or county roads or rights-of-way other
235	than providers of communications services, and the provisions of
236	this subsection shall have no effect upon this authority. The
237	provisions of this subsection do not restrict the authority, if
238	any, of municipalities or counties or other governmental
239	entities to receive reasonable rental fees based on fair market
240	value for the use of public lands and buildings on property
241	outside the public roads or rights-of-way for the placement of
242	communications antennas and towers.
243	(f)  Except as expressly allowed or authorized by general
244	law and except for the rights-of-way permit fees subject to
245	paragraph (c), a municipality or county may not levy on a
246	provider of communications services a tax, fee, or other charge
247	or imposition for operating as a provider of communications
248	services within the jurisdiction of the municipality or county
249	which is in any way related to using its roads or rights-of-way.
250	A municipality or county may not require or solicit in-kind
251	compensation, except as otherwise provided in s. 202.24(2)(c)8.
252	or s. 610.109 subparagraph (a)2. Nothing in this paragraph shall
253	impair any ordinance or agreement in effect on May 22, 1998, or
254	any voluntary agreement entered into subsequent to that date,
255	which provides for or allows in-kind compensation by a
256	telecommunications company.
257	Section 5.  Section 337.4061, Florida Statutes, is amended
258	to read:
259	337.4061  Definitions; unlawful use of state-maintained
260	road right-of-way by nonfranchised cable and video television
261	services.--
262	(1)  As used in this section, the term:
263	(a)  "Cable service" means:
264	1.  The one-way transmission to subscribers of video
265	programming or any other programming service; and
266	2.  Subscriber interaction, if any, which is required for
267	the selection of such video programming or other programming
268	service.
269	(b)  "Cable system" means a facility, consisting of a set
270	of closed transmission paths and associated signal generation,
271	reception, and control equipment that is designed to provide
272	cable service which includes video programming and which is
273	provided to multiple subscribers within a community, but such
274	term does not include:
275	1.  A facility that serves only to retransmit the
276	television signals of one or more television broadcast stations;
277	2.  A facility that serves only subscribers in one or more
278	multiple-unit dwellings under common ownership, control, or
279	management, unless such facility or facilities use any public
280	right-of-way;
281	3.  A facility that serves subscribers without using any
282	public right-of-way.
283	4.3.  A facility of a common carrier that is subject, in
284	whole or in part, to the provisions of 47 U.S.C. s. 201 et seq.,
285	except the specific bandwidths or wavelengths used by that such
286	facility shall be considered a cable system only to the extent
287	such bandwidths or wavelengths are facility is used in the
288	transmission of video programming directly to subscribers,
289	unless the extent of such use is solely to provide interactive
290	on-demand services, in which case the use of such bandwidths or
291	wavelengths is not a cable system; or
292	5.4.  Any facilities of any electric utility used solely
293	for operating its electric utility systems.
294	(c)  "Franchise" means an initial authorization or renewal
295	thereof issued by a franchising authority, whether such
296	authorization is designated as a franchise, permit, license,
297	resolution, contract, certificate, agreement, or otherwise,
298	which authorizes the construction or operation of a cable system
299	or video service provider network facilities.
300	(d)  "Franchising authority" means any governmental entity
301	empowered by federal, state, or local law to grant a franchise.
302	(e)  "Person" means an individual, partnership,
303	association, joint stock company, trust, corporation, or
304	governmental entity.
305	(f)  "Video programming" means programming provided by or
306	generally considered comparable to programming provided by a
307	television broadcast station or cable system.
308	(g)  "Video service" has the same meaning as that provided
309	in s. 610.103.
310	(2)  It is unlawful to use the right-of-way of any state-
311	maintained road, including appendages thereto, and also
312	including, but not limited to, rest areas, wayside parks, boat-
313	launching ramps, weigh stations, and scenic easements, to
314	provide for cable or video service over facilities purposes
315	within a geographic area subject to a valid existing franchise
316	for cable or video service, unless the cable or video service
317	provider system using such right-of-way holds a franchise from a
318	franchise authority the municipality or county for the area in
319	which the right-of-way is located.
320	(3)  A violation of this section shall be deemed a
321	violation of s. 337.406.
322	Section 6.  Sections 610.102, 610.103, 610.104, 610.105,
323	610.106, 610.107, 610.108, 610.109, 610.112, 610.113, 610.114,
324	610.115, 610.116, and 610.117, Florida Statutes, are created to
325	read:
326	610.102  Department of State authority to issue statewide
327	cable and video franchise.--The department shall be designated
328	as the franchising authority for a state-issued franchise for
329	the provision of cable or video service. A municipality or
330	county may not grant a new franchise for the provision of cable
331	or video service within its jurisdiction.
332	610.103  Definitions.--As used in ss. 610.102-610.116:
333	(1)  "Cable service" means:
334	(a)  The one-way transmission to subscribers of video
335	programming or any other programming service.
336	(b)  Subscriber interaction, if any, that is required for
337	the selection of such video programming or other programming
338	service.
339	(2)  "Cable service provider" means a person that provides
340	cable service over a cable system.
341	(3)  "Cable system" means a facility consisting of a set of
342	closed transmission paths and associated signal generation,
343	reception, and control equipment that is designed to provide
344	cable service that includes video programming and that is
345	provided to multiple subscribers within a community, but such
346	term does not include:
347	(a)  A facility that serves only to retransmit the
348	television signals of one or more television broadcast stations;
349	(b)  A facility that serves only subscribers in one or more
350	multiple-unit dwellings under common ownership, control, or
351	management, unless such facility or facilities use any public
352	right-of-way;
353	(c)  A facility that serves subscribers without using any
354	public right-of-way;
355	(d)  A facility of a common carrier that is subject, in
356	whole or in part, to the provisions of 47 U.S.C. s. 201 et seq.,
357	except that the specific bandwidths or wavelengths over such
358	facility shall be considered a cable system only to the extent
359	such bandwidths or wavelengths are used in the transmission of
360	video programming directly to subscribers, unless the extent of
361	such use is solely to provide interactive on-demand services, in
362	which case it is not a cable system; or
363	(e)  Any facilities of any electric utility used solely for
364	operating its electric utility systems.
365	(4)  "Certificateholder" means a cable or video service
366	provider that has been issued and holds a certificate of
367	franchise authority from the department.
368	(5)  "Department" means the Department of State.
369	(6)  "Franchise" means an initial authorization or renewal
370	of an authorization, regardless of whether the authorization is
371	designated as a franchise, permit, license, resolution,
372	contract, certificate, agreement, or otherwise, to construct and
373	operate a cable system or video service provider network
374	facilities in the public right-of-way.
375	(7)  "Franchise authority" means any governmental entity
376	empowered by federal, state, or local law to grant a franchise.
377	(8)  "Incumbent cable service provider" means the cable
378	service provider serving the largest number of cable subscribers
379	in a particular municipal or county franchise area on July 1,
380	2007.
381	(9)  "Public right-of-way" means the area on, below, or
382	above a public roadway, highway, street, sidewalk, alley, or
383	waterway, including, without limitation, a municipal, county,
384	state, district, or other public roadway, highway, street,
385	sidewalk, alley, or waterway.
386	(10)  "Video programming" means programming provided by, or
387	generally considered comparable to programming provided by, a
388	television broadcast station as set forth in 47 U.S.C. s.
389	522(20).
390	(11)  "Video service" means video programming services
391	provided through wireline facilities located at least in part in
392	the public rights-of-way without regard to delivery technology,
393	including Internet protocol technology. This definition does not
394	include any video programming provided by a commercial mobile
395	service provider as defined in 47 U.S.C. s. 332(d), video
396	programming provided via a cable service or video programming
397	provided as part of, and via, a service that enables end users
398	to access content, information, electronic mail, or other
399	services offered over the Internet.
400	(12)  "Video service provider" means a video programming
401	distributor that distributes video programming services through
402	wireline facilities located at least in part in the public
403	rights-of-way without regard to delivery technology. This term
404	does not include a cable service provider.
405	610.104  State authorization to provide cable or video
406	service.--
407	(1)  An entity or person seeking to provide cable or video
408	service in this state after July 1, 2007, shall file an
409	application for a state-issued certificate of franchise
410	authority with the department as required by this section. An
411	entity or person providing cable or video service under an
412	unexpired franchise agreement with a municipality or county as
413	of July 1, 2007, is not subject to this subsection with respect
414	to providing service in such municipality or county until the
415	franchise agreement expires, except as provided by subsection
416	(2) and s. 610.105(4). An entity or person providing cable or
417	video service may seek authorization from the department to
418	provide service in areas where the entity or person currently
419	does not have an existing franchise agreement as of July 1,
420	2007.
421	(2)  Beginning July 1, 2007, a cable or video service
422	provider that is not an incumbent cable or video service
423	provider and provides cable or video service to less than 40
424	percent of the total cable and video service subscribers in a
425	particular franchise area may elect to terminate an existing
426	municipal or county franchise and seek a state-issued
427	certificate of franchise authority by providing written notice
428	to the Secretary of State and the affected municipality or
429	county after July 1, 2007. The municipal or county franchise is
430	terminated under this subsection on the date the department
431	issues the state-issued certificate of franchise authority.
432	(3)  Before the 10th business day after an applicant
433	submits the affidavit, the department shall notify the applicant
434	for a state-issued certificate of franchise authority whether
435	the applicant's affidavit described by subsection (4) is
436	complete. If the department denies the application, the
437	department must specify with particularity the reasons for the
438	denial and permit the applicant to amend the application to cure
439	any deficiency. The department shall act upon such amended
440	application within 5 business days.
441	(4)  The department shall issue a certificate of franchise
442	authority to offer cable or video service before the 15th
443	business day after receipt of a completed affidavit submitted by
444	an applicant and signed by an officer or general partner of the
445	applicant affirming:
446	(a)  That the applicant has filed or will timely file with
447	the Federal Communications Commission all forms required by that
448	agency in advance of offering cable or video service in this
449	state;
450	(b)  That the applicant agrees to comply with all
451	applicable federal and state laws and regulations, to the extent
452	that such state laws and rules are not in conflict with or
453	superseded by the provisions of this chapter or other applicable
454	state law;
455	(c)  That the applicant agrees to comply with all lawful
456	state laws and rules and municipal and county ordinances and
457	regulations regarding the placement and maintenance of
458	communications facilities in the public rights-of-way that are
459	generally applicable to providers of communications services in
460	accordance with s. 337.401;
461	(d)  A description of the service area for which the
462	applicant seeks the certificate of franchise authority, which
463	need not be coextensive with municipal, county, or other
464	political boundaries;
465	(e)  The location of the applicant's principal place of
466	business and the names of the applicant's principal executive
467	officers; and
468	(f)  That the applicant will file with the department a
469	notice of commencement of service within 5 days after first
470	providing service in each service area described in paragraph
471	(d).
472	(5)  If the department fails to act on the application
473	within 30 business days after receiving the application, the
474	application shall be deemed approved by the department without
475	further action.
476	(6)  The certificate of franchise authority issued by the
477	department shall contain:
478	(a)  A grant of authority to provide cable or video service
479	as requested in the application.
480	(b)  A grant of authority to construct, maintain, and
481	operate facilities through, upon, over, and under any public
482	right-of-way or waters.
483	(c)  A statement that the grant of authority is subject to
484	lawful operation of the cable or video service by the applicant
485	or its successor in interest.
486	(7)  A certificateholder that seeks to include additional
487	service areas in its current certificate shall file notice with
488	the department that reflects the new service area or areas to be
489	served and shall file with the department a notice of
490	commencement of service within 5 days after first providing
491	service in each such additional area.
492	(8)  The certificate of franchise authority issued by the
493	department is fully transferable to any successor in interest to
494	the applicant to which the certificate is initially granted. A
495	notice of transfer shall be filed with the department and the
496	relevant municipality or county within 14 business days
497	following the completion of such transfer.
498	(9)  The certificate of franchise authority issued by the
499	department may be terminated by the cable or video service
500	provider by submitting notice to the department.
501	(10)  An applicant may challenge a denial of an application
502	by the department in a court of competent jurisdiction through a
503	petition for mandamus.
504	(11)  The department shall adopt any procedural rules
505	pursuant to ss. 120.536(1) and 120.54 necessary to implement
506	this section.
507	(12)  The application shall be accompanied by a one-time
508	fee of $10,000.
509	(13)  Beginning 5 years after approval of the
510	certificateholder's initial certificate of franchise issued by
511	the department, and every 5 years thereafter, the
512	certificateholder shall update the information contained in the
513	original application for a certificate of franchise. At the time
514	of filing the information update, the certificateholder shall
515	pay a processing fee of $1,000. The application and processing
516	fees imposed in this section shall be paid to the Department of
517	State for deposit into the Operating Trust Fund for immediate
518	transfer by the Chief Financial Officer to the General
519	Inspection Trust Fund of the Department of Agriculture and
520	Consumer Services. The Department of Agriculture and Consumer
521	Services shall maintain a separate account within the General
522	Inspection Trust Fund to distinguish cable franchise revenues
523	from all other funds. The application, any amendments to the
524	certificate, or information updates must be accompanied by a fee
525	to the Department of State equal to that for filing articles of
526	incorporation pursuant to s. 607.0122(1).
527	610.105  Eligibility for state-issued franchise.--
528	(1)  Except as provided in s. 610.104(1) and (2) and
529	subsection (4), an incumbent cable service provider that has an
530	existing, unexpired franchise to provide cable service with
531	respect to a municipality or county as of July 1, 2007, is not
532	eligible to apply for a state-issued certificate of franchise
533	authority under this chapter as to that municipality or county
534	until the expiration date of the existing franchise agreement.
535	(2)  For purposes of this section, an incumbent cable
536	service provider will be deemed to have or have had a franchise
537	to provide cable service in a specific municipality or county if
538	any affiliate or successor entity of the cable service provider
539	has or had an unexpired franchise agreement granted by that
540	specific municipality or county as of July 1, 2007.
541	(3)  The term "affiliate or successor entity" in this
542	section refers to an entity receiving, obtaining, or operating
543	under a franchise that directly or indirectly owns or controls,
544	is owned or controlled by, or is under common ownership or
545	control with the cable service provider.
546	(4)  Notwithstanding subsection (1), an incumbent cable
547	service provider may elect to terminate an existing municipal or
548	county franchise and apply for a state-issued certificate of
549	franchise authority with respect to such municipality or county
550	if another cable or video service provider has been granted a
551	state-issued certificate of franchise authority for a service
552	area located in whole or in part within the service area covered
553	by the existing municipal or county franchise and such
554	certificateholder has commenced providing service in such area.
555	The incumbent cable service provider shall provide at the time
556	of filing its application for a state-issued certificate of
557	franchise authority written notice of its intent to terminate
558	its existing franchise under this subsection to the department
559	and to the affected municipality or county. The municipal or
560	county franchise shall be terminated under this section on the
561	date the department issues to the incumbent cable service
562	provider the state-issued certificate of franchise authority to
563	provide service in such municipality or county franchise area to
564	the incumbent cable service provider.
565	610.106  Franchise fees prohibited.--Except as otherwise
566	provided in this chapter, the department may not impose any
567	taxes, fees, charges, or other impositions on a cable or video
568	service provider as a condition for the issuance of a state-
569	issued certificate of franchise authority. No municipality or
570	county may impose any taxes, fees, charges, or other exactions
571	on certificateholders in connection with use of public right-of-
572	way as a condition of a certificateholder doing business in the
573	municipality or county, or otherwise, except such taxes, fees,
574	charges, or other exactions permitted by chapter 202 and s.
575	337.401(6).
576	610.107  Buildout.--No franchising authority, state agency,
577	or political subdivision may impose any buildout, system
578	construction, or service deployment requirements on a
579	certificateholder.
580	610.108  Customer service standards.--
581	(1)  An incumbent cable service provider shall comply with
582	customer service requirements reasonably comparable to the
583	standards in 47 C.F.R. s. 76.309(c) until there are two or more
584	providers offering service, excluding direct-to-home satellite
585	service, in the incumbent service provider's relevant service
586	area.
587	(2)  Beginning on July 1, 2009, for all providers of cable
588	service in municipalities and counties that, as of January 1,
589	2007, have an office or department dedicated to responding to
590	cable service quality complaints, all such complaints shall be
591	handled on and after July 1, 2009, by the Department of
592	Agriculture and Consumer Services. Until that time, cable
593	service quality complaints shall continue to be handled by the
594	municipality or county. This provision shall not be construed to
595	permit the municipality or county to impose customer service
596	standards in conflict with this section.
597	(3)  The Department of Agriculture and Consumer Services
598	shall receive service quality complaints from customers of a
599	certificateholder and shall address such complaints in an
600	expeditious manner by assisting in the resolution of such
601	complaint between the complainant and the certificateholder. The
602	Department of Agriculture and Consumer Services shall adopt any
603	procedural rules pursuant to ss. 120.536(1) and 120.54 necessary
604	to implement this section.
605	610.109  Public, educational, and governmental access
606	channels.--
607	(1)  A certificateholder, not later than 12 months
608	following a request by a municipality or county within whose
609	jurisdiction the certificateholder is providing cable or video
610	service, shall designate a sufficient amount of capacity on its
611	network to allow the provision of public, educational, and
612	governmental access channels for noncommercial programming as
613	set forth in this section, except that a holder of a state-
614	issued certificate of authority granted pursuant to s. 610.105
615	shall be required to satisfy the public, educational, and
616	government access channel capacity obligations specified in this
617	section upon issuance of such certificate for any service area
618	covered by such certificate that is located within the service
619	area that was covered by the cable provider's terminated
620	franchise.
621	(2)  A certificateholder shall designate a sufficient
622	amount of capacity on its network to allow the provision of a
623	comparable number of public, educational, and governmental
624	access channels or capacity equivalent that a municipality or
625	county has activated under the incumbent cable service
626	provider's franchise agreement as of July 1, 2007. For the
627	purposes of this section, a public, educational, or governmental
628	channel is deemed activated if the channel is being used for
629	public, educational, or governmental programming within the
630	municipality for at least 10 hours per day.
631	(3)  If a municipality or county did not have public,
632	educational, or governmental access channels activated under the
633	incumbent cable service provider's franchise agreement as of
634	July 1, 2007, not later than 12 months following a request by
635	the municipality or county within whose jurisdiction a
636	certificateholder is providing cable or video service, the cable
637	or video service provider shall furnish:
638	(a)  Up to three public, educational, or governmental
639	channels or capacity equivalent for a municipality or county
640	with a population of at least 50,000.
641	(b)  Up to two public, educational, or governmental
642	channels or capacity equivalent for a municipality or county
643	with a population of less than 50,000.
644	(4)  Any public, educational, or governmental channel
645	provided pursuant to this section that is not used by the
646	municipality or county for at least 10 hours a day shall no
647	longer be made available to the municipality or county but may
648	be programmed at the cable or video service provider's
649	discretion. At such time as the municipality or county can
650	certify to the cable or video service provider a schedule for at
651	least 10 hours of daily programming, the cable or video service
652	provider shall restore the previously lost channel but shall be
653	under no obligation to carry that channel on a basic or analog
654	tier.
655	(5)  If a municipality or county has not used the number of
656	access channels or capacity equivalent permitted by subsection
657	(3), access to the additional channels or capacity equivalent
658	allowed in subsection (3) shall be provided upon 12 month's
659	written notice if the municipality or county meets the following
660	standard: if a municipality or county has one active public,
661	educational, or governmental channel and wishes to activate an
662	additional public, educational, or governmental channel, the
663	initial channel shall be considered to be substantially used
664	when 12 hours are programmed on that channel each calendar day.
665	In addition, at least 40 percent of the 12 hours of programming
666	for each business day on average over each calendar quarter must
667	be nonrepeat programming. Nonrepeat programming shall include
668	the first three videocastings of a program. If a municipality or
669	county is entitled to three public, educational, or governmental
670	channels under subsection (3) and has in service two active
671	public, educational, or governmental channels, each of the two
672	active channels shall be considered to be substantially used
673	when 12 hours are programmed on each channel each calendar day
674	and at least 50 percent of the 12 hours of programming for each
675	business day on average over each calendar quarter is nonrepeat
676	programming for three consecutive calendar quarters.
677	(6)  The operation of any public, educational, or
678	governmental access channel or capacity equivalent provided
679	under this section shall be the responsibility of the
680	municipality or county receiving the benefit of such channel or
681	capacity equivalent, and a certificateholder bears only the
682	responsibility for the transmission of such channel content. A
683	certificateholder shall be responsible for providing the
684	connectivity to each public, educational, or governmental access
685	channel distribution point up to the first 200 feet from the
686	certificateholder's activated cable or video transmission
687	system.
688	(7)  The municipality or county shall ensure that all
689	transmissions, content, or programming to be transmitted over a
690	channel or facility by a certificateholder are provided or
691	submitted to the cable or video service provider in a manner or
692	form that is capable of being accepted and transmitted by a
693	provider without any requirement for additional alteration or
694	change in the content by the provider, over the particular
695	network of the cable or video service provider, which is
696	compatible with the technology or protocol used by the cable or
697	video service provider to deliver services. The provision of
698	public, educational, or governmental content to the provider
699	constitutes authorization for the provider to carry such
700	content, including, at the provider's option, authorization to
701	carry the content beyond the jurisdictional boundaries of the
702	municipality or county.
703	(8)  Where technically feasible, a certificateholder and an
704	incumbent cable service provider shall use reasonable efforts to
705	interconnect their networks for the purpose of providing public,
706	educational, and governmental programming. Interconnection may
707	be accomplished by direct cable, microwave link, satellite, or
708	other reasonable method of connection. Certificateholders and
709	incumbent cable service providers shall negotiate in good faith
710	and incumbent cable service providers may not withhold
711	interconnection of public, educational, and governmental
712	channels.
713	(9)  A certificateholder is not required to interconnect
714	for, or otherwise to transmit, public, educational, and
715	governmental content that is branded with the logo, name, or
716	other identifying marks of another cable or video service
717	provider, and a municipality or county may require a cable or
718	video service provider to remove its logo, name, or other
719	identifying marks from public, educational, and governmental
720	content that is to be made available to another provider.
721	(10)  A court of competent jurisdiction shall have
722	exclusive jurisdiction to enforce any requirement under this
723	section.
724	610.112  Nondiscrimination by municipality or county.--
725	(1)  A municipality or county shall allow a
726	certificateholder to install, construct, and maintain a network
727	within a public right-of-way and shall provide a
728	certificateholder with open, comparable, nondiscriminatory, and
729	competitively neutral access to the public right-of-way in
730	accordance with the provisions of s. 337.401. All use of a
731	public right-of-way by a certificateholder is nonexclusive.
732	(2)  A municipality or county may not discriminate against
733	a certificateholder regarding:
734	(a)  The authorization or placement of a network in a
735	public right-of-way;
736	(b)  Access to a building or other property; or
737	(c)  Utility pole attachment terms.
738	610.113  Limitation on local authority.--
739	(1)  A municipality or county may not impose additional
740	requirements on a certificateholder, including, but not limited
741	to, financial, operational, and administrative requirements,
742	except as expressly permitted by this chapter. A municipality or
743	county may not impose on activities of a certificateholder a
744	requirement:
745	(a)  That particular business offices be located in the
746	municipality or county;
747	(b)  Regarding the filing of reports and documents with the
748	municipality or county that are not required by state or federal
749	law and that are not related to the use of the public right-of-
750	way. Reports and documents other than schematics indicating the
751	location of facilities for a specific site that are provided in
752	the normal course of the municipality's or county's permitting
753	process, that are authorized by s. 337.401 for communications
754	services providers, or that are otherwise required in the normal
755	course of such permitting process shall not be considered
756	related to the use of the public right-of-way for communications
757	service providers. A municipality or county may not request
758	information concerning the capacity or technical configuration
759	of a certificateholder's facilities;
760	(c)  For the inspection of a certificateholder's business
761	records; or
762	(d)  For the approval of transfers of ownership or control
763	of a certificateholder's business, except that a municipality or
764	county may require a certificateholder to provide notice of a
765	transfer within a reasonable time.
766	(2)  Notwithstanding any other provision of law, a
767	municipality or county may require the issuance of a permit in
768	accordance with and subject to s. 337.401 to a certificateholder
769	that is placing and maintaining facilities in or on a public
770	right-of-way in the municipality or county. In accordance with
771	s. 337.402, the permit may require the permitholder to be
772	responsible, at the permitholder's expense, for any damage
773	resulting from the issuance of such permit and for restoring the
774	public right-of-way to its original condition before
775	installation of such facilities. The terms of the permit shall
776	be consistent with construction permits issued to other
777	providers of communications services placing or maintaining
778	communications facilities in a public right-of-way.
779	610.114  Discrimination prohibited.--
780	(1)  The purpose of this section is to prevent
781	discrimination among potential residential subscribers.
782	(2)  Pursuant to 47 U.S.C. s. 541(a)(3), a
783	certificateholder may not deny access to service to any group of
784	potential residential subscribers because of the race or income
785	of the residents in the local area in which such group resides.
786	(3)  An affected person may seek enforcement of subsection
787	(2) by initiating a proceeding with the Department of
788	Agriculture and Consumer Services pursuant to s. 570.544.
789	(4)  For purposes of determining whether a
790	certificateholder has violated subsection (2), cost, density,
791	distance, and technological or commercial limitations shall be
792	taken into account. Use of an alternative technology that
793	provides comparable content, service, and functionality may not
794	be considered a violation of subsection (2). The inability to
795	serve an end user because a certificateholder is prohibited from
796	placing its own facilities in a building or property is not a
797	violation of subsection (2). This section may not be construed
798	to authorize any buildout requirements on a certificateholder.
799	(5)  The Department of Agriculture and Consumer Services
800	shall adopt any procedural rules pursuant to ss. 120.536(1) and
801	120.54 necessary to implement this section.
802	610.115  Compliance.--If a certificateholder is found by a
803	court of competent jurisdiction not to be in compliance with the
804	requirements of this chapter, the certificateholder shall have a
805	reasonable period of time, as specified by the court, to cure
806	such noncompliance.
807	610.116  Reports to the Legislature.--
808	(1)  The Office of Program Policy Analysis and Government
809	Accountability shall submit to the President of the Senate, the
810	Speaker of the House of Representatives, and the majority and
811	minority leaders of the Senate and House of Representatives, by
812	December 1, 2009, a report on the status of competition in the
813	cable and video service industry, including, by each
814	municipality and county, the number of cable and video service
815	providers, the number of cable and video subscribers served, the
816	number of areas served by fewer than two cable or video service
817	providers, the trend in cable and video service prices, and the
818	identification of any patterns of service as they impact
819	demographic and income groups.
820	(2)  By January 15, 2008, the Department of Agriculture and
821	Consumer Services shall make recommendations to the President of
822	the Senate, the Speaker of the House of Representatives, and the
823	majority and minority leaders of the Senate and House of
824	Representatives regarding the workload and staffing requirements
825	associated with consumer complaints related to video and cable
826	certificateholders. The Department of State shall provide to the
827	Department of Agriculture and Consumer Services, for inclusion
828	in the report, the workload requirements for processing the
829	certificates of franchise authority. In addition, the Department
830	of State shall provide the number of applications filed for
831	cable and video certificates of franchise authority and the
832	number of amendments received to original applications for
833	franchise certificate authority.
834	610.117  Severability.--If any provision of ss. 610.102-
835	610.102-610.116 or the application thereof to any person or
836	circumstance is held invalid, such invalidity shall not affect
837	other provisions or application of ss. 610.102-610.116 that can
838	be given effect without the invalid provision or application,
839	and to this end the provisions of ss. 610.102-610.116 are
840	severable.
841	Section 7.  Section 166.046, Florida Statutes, is repealed.
842	Section 8.  Paragraph (a) of subsection (3) of section
843	350.81, Florida Statutes, is amended to read:
844	350.81  Communications services offered by governmental
845	entities.--
846	(3)(a)  A governmental entity that provides a cable service
847	shall comply with the Cable Communications Policy Act of 1984,
848	47 U.S.C. ss. 521 et seq., the regulations issued by the Federal
849	Communications Commission under the Cable Communications Policy
850	Act of 1984, 47 U.S.C. ss. 521 et seq., and all applicable state
851	and federal rules and regulations, including, but not limited
852	to, s. 166.046 and those provisions of chapters 202, 212, and
853	337, and 610 that which apply to a provider of the services.
854	Section 9.  Section 364.0361, Florida Statutes, is amended
855	to read:
856	364.0361  Local government authority; nondiscriminatory
857	exercise.--A local government shall treat each
858	telecommunications company in a nondiscriminatory manner when
859	exercising its authority to grant franchises to a
860	telecommunications company or to otherwise establish conditions
861	or compensation for the use of rights-of-way or other public
862	property by a telecommunications company. A local government may
863	not directly or indirectly regulate the terms and conditions,
864	including, but not limited to, the operating systems,
865	qualifications, services, service quality, service territory,
866	and prices, applicable to or in connection with the provision of
867	any voice-over-Internet protocol, regardless of the platform,
868	provider, or protocol, broadband or information service. This
869	section does not relieve a provider from any obligations under
870	s. 166.046 or s. 337.401.
871	Section 10.  This act shall take effect upon becoming a
872	law.

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