CS/CS/HB 529

1	A bill to be entitled
2	An act relating to regulation of communications media
3	technology services; 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, 610.117, and 620.118, F.S.; designating the
17	Department of State as the authorizing authority;
18	providing definitions; requiring state authorization to
19	provide cable and video services; providing requirements
20	and procedures; providing for fees; providing duties and
21	responsibilities of the Department of State; providing
22	application procedures and requirements; providing for
23	issuing certificates of franchise authority; providing
24	eligibility requirements and criteria for a certificate;
25	providing for amending a certificate; providing for
26	transferability of certificates; providing for termination
27	of certificates under certain circumstances; providing for
28	challenging a department rejection of an application;
29	providing that the department shall function in a
30	ministerial capacity for certain purposes; providing for
31	an application form; providing for an application fee;
32	requiring certain information updates; providing for a
33	processing fee; providing for cancellation upon notice
34	that information updates and processing fees are not
35	received; providing for an opportunity to cure; providing
36	for transfer of such fees to the Department of Agriculture
37	and Consumer Services; requiring the department to
38	maintain a separate account for cable franchise revenues;
39	providing for fees to the Department of State for certain
40	activities; prohibiting the department from imposing
41	additional taxes, fees, or charges on a cable or video
42	service provider to issue a certificate; prohibiting
43	imposing buildout, construction, and deployment
44	requirements on a certificateholder; requiring
45	certificateholders to make cable and video service
46	available at certain public buildings under certain
47	circumstances; imposing certain customer service
48	requirements on cable service providers; requiring the
49	Department of Agriculture and Consumer Services to receive
50	customer service complaints; requiring provision of
51	public, educational, and governmental access channels or
52	capacity equivalent; providing criteria, requirements, and
53	procedures; providing exceptions; providing
54	responsibilities of municipalities and counties relating
55	to such channels; providing for enforcement; providing
56	requirements for and limitations on counties and
57	municipalities relating to access to public right-of-way;
58	prohibiting counties and municipalities from imposing
59	additional requirements on certificateholders; authorizing
60	counties and municipalities to require permits of
61	certificateholders relating to public right-of-way;
62	providing permit criteria and requirements; prohibiting
63	discrimination among cable and video service subscribers;
64	providing for enforcement; providing requirements for a
65	request for enforcement; requiring the department to
66	engage certain parties in nonbinding mediation under
67	certain circumstances; providing for filing a complaint in
68	court; providing for a period of time to cure certain
69	noncompliance; providing for an award of costs and
70	attorney's fees; providing for determinations of
71	violations; providing for enforcement of compliance by
72	certificateholders; providing requirements for cable
73	service providers under certain court orders; providing
74	for payment by nonincumbent certificateholders of certain
75	amounts to municipalities and counties under certain
76	circumstances; providing procedures for payment of such
77	amounts; providing service requirements for nonincumbent
78	certificateholders; authorizing separate statement of
79	certain fees on a customer bill; preserving certain rights
80	of nonincumbent service providers; authorizing
81	certificateholders to intervene in certain court actions;
82	requiring the Office of Program Policy Analysis and
83	Government Accountability to report to the Legislature on
84	the status of competition in the cable and video service
85	industry; providing report requirements; requiring the
86	Department of Agriculture and Consumer Services to make
87	recommendations to the Legislature; providing duties of
88	the Department of State; providing severability; amending
89	ss. 350.81 and 364.0361, F.S.; conforming cross-
90	references; amending s. 364.051, F.S.; deleting provisions
91	under which certain telecommunications companies may elect
92	alternative regulation; amending s. 364.10, F.S.;
93	providing requirements for enrolling certain persons in
94	the Lifeline service program; requiring the Public Service
95	Commission to adopt rules by a specified date; requiring
96	the commission, the Department of Children and Family
97	Services, and the Office of Public Counsel to enter into a
98	memorandum of understanding of respective duties under the
99	Lifeline service program; amending s. 364.163, F.S.;
100	providing for a cap on certain switched network access
101	service rates; deleting a time period in which intrastate
102	access rates are capped; prohibiting interexchange
103	telecommunications companies from instituting any
104	intrastate connection fee; deleting provisions for
105	regulatory oversight of intrastate access rates; amending
106	s. 364.385, F.S.; providing for continuing effect of
107	certain rates and charges approved by the Public Service
108	Commission; providing for an exception; repealing s.
109	166.046, F.S., relating to definitions and minimum
110	standards for cable television franchises imposed upon
111	counties and municipalities; repealing s. 364.164, F.S,
112	relating to competitive market enhancement; providing an
113	effective date.
114
115	Be It Enacted by the Legislature of the State of Florida:
116
117	Section 1.  This act may be cited as the "Consumer Choice
118	Act of 2007."
119	Section 2.  Subsection (24) is added to section 202.11,
120	Florida Statutes, to read:
121	202.11  Definitions.--As used in this chapter:
122	(24)  "Video service" has the same meaning as that provided
123	in s. 610.103.
124	Section 3.  Paragraphs (a) and (c) of subsection (2) of
125	section 202.24, Florida Statutes, are amended to read:
126	202.24  Limitations on local taxes and fees imposed on
127	dealers of communications services.--
128	(2)(a)  Except as provided in paragraph (c), each public
129	body is prohibited from:
130	1.  Levying on or collecting from dealers or purchasers of
131	communications services any tax, charge, fee, or other
132	imposition on or with respect to the provision or purchase of
133	communications services.
134	2.  Requiring any dealer of communications services to
135	enter into or extend the term of a franchise or other agreement
136	that requires the payment of a tax, charge, fee, or other
137	imposition.
138	3.  Adopting or enforcing any provision of any ordinance or
139	agreement to the extent that such provision obligates a dealer
140	of communications services to charge, collect, or pay to the
141	public body a tax, charge, fee, or other imposition.
142
143	Municipalities and counties may not Each municipality and county
144	retains authority to negotiate all terms and conditions of a
145	cable service franchise allowed by federal and state law except
146	those terms and conditions related to franchise fees or and the
147	definition of gross revenues or other definitions or
148	methodologies related to the payment or assessment of franchise
149	fees on providers of cable or video services.
150	(c)  This subsection does not apply to:
151	1.  Local communications services taxes levied under this
152	chapter.
153	2.  Ad valorem taxes levied pursuant to chapter 200.
154	3.  Occupational license taxes levied under chapter 205.
155	4.  "911" service charges levied under chapter 365.
156	5.  Amounts charged for the rental or other use of property
157	owned by a public body which is not in the public rights-of-way
158	to a dealer of communications services for any purpose,
159	including, but not limited to, the placement or attachment of
160	equipment used in the provision of communications services.
161	6.  Permit fees of general applicability which are not
162	related to placing or maintaining facilities in or on public
163	roads or rights-of-way.
164	7.  Permit fees related to placing or maintaining
165	facilities in or on public roads or rights-of-way pursuant to s.
166	337.401.
167	8.  Any in-kind requirements, institutional networks, or
168	contributions for, or in support of, the use or construction of
169	public, educational, or governmental access facilities allowed
170	under federal law and imposed on providers of cable or video
171	service pursuant to any existing ordinance or an existing
172	franchise agreement granted by each municipality or county,
173	under which ordinance or franchise agreement service is provided
174	prior to July 1, 2007, or as permitted under chapter 610.
175	Nothing in this subparagraph shall prohibit the ability of
176	providers of cable or video service to recover such expenses as
177	allowed under federal law.
178	9.  Special assessments and impact fees.
179	10.  Pole attachment fees that are charged by a local
180	government for attachments to utility poles owned by the local
181	government.
182	11.  Utility service fees or other similar user fees for
183	utility services.
184	12.  Any other generally applicable tax, fee, charge, or
185	imposition authorized by general law on July 1, 2000, which is
186	not specifically prohibited by this subsection or included as a
187	replaced revenue source in s. 202.20.
188	Section 4.  Paragraphs (a), (b), (e), and (f) of subsection
189	(3) of section 337.401, Florida Statutes, are amended to read:
190	337.401  Use of right-of-way for utilities subject to
191	regulation; permit; fees.--
192	(3)(a)1.  Because of the unique circumstances applicable to
193	providers of communications services, including, but not limited
194	to, the circumstances described in paragraph (e) and the fact
195	that federal and state law require the nondiscriminatory
196	treatment of providers of telecommunications services, and
197	because of the desire to promote competition among providers of
198	communications services, it is the intent of the Legislature
199	that municipalities and counties treat providers of
200	communications services in a nondiscriminatory and competitively
201	neutral manner when imposing rules or regulations governing the
202	placement or maintenance of communications facilities in the
203	public roads or rights-of-way. Rules or regulations imposed by a
204	municipality or county relating to providers of communications
205	services placing or maintaining communications facilities in its
206	roads or rights-of-way must be generally applicable to all
207	providers of communications services and, notwithstanding any
208	other law, may not require a provider of communications
209	services, except as otherwise provided in subparagraph 2., to
210	apply for or enter into an individual license, franchise, or
211	other agreement with the municipality or county as a condition
212	of placing or maintaining communications facilities in its roads
213	or rights-of-way. In addition to other reasonable rules or
214	regulations that a municipality or county may adopt relating to
215	the placement or maintenance of communications facilities in its
216	roads or rights-of-way under this subsection, a municipality or
217	county may require a provider of communications services that
218	places or seeks to place facilities in its roads or rights-of-
219	way to register with the municipality or county and to provide
220	the name of the registrant; the name, address, and telephone
221	number of a contact person for the registrant; the number of the
222	registrant's current certificate of authorization issued by the
223	Florida Public Service Commission, or the Federal Communications
224	Commission, or the Department of State; and proof of insurance
225	or self-insuring status adequate to defend and cover claims.
226	2.  Notwithstanding the provisions of subparagraph 1., a
227	municipality or county may, as provided by 47 U.S.C. s. 541,
228	award one or more franchises within its jurisdiction for the
229	provision of cable service, and a provider of cable service
230	shall not provide cable service without such franchise. Each
231	municipality and county retains authority to negotiate all terms
232	and conditions of a cable service franchise allowed by federal
233	law and s. 166.046, except those terms and conditions related to
234	franchise fees and the definition of gross revenues or other
235	definitions or methodologies related to the payment or
236	assessment of franchise fees and permit fees as provided in
237	paragraph (c) on providers of cable services. A municipality or
238	county may exercise its right to require from providers of cable
239	service in-kind requirements, including, but not limited to,
240	institutional networks, and contributions for, or in support of,
241	the use or construction of public, educational, or governmental
242	access facilities to the extent permitted by federal law. A
243	provider of cable service may exercise its right to recover any
244	such expenses associated with such in-kind requirements, to the
245	extent permitted by federal law.
246	(b)  Registration described in paragraph subparagraph (a)1.
247	does not establish a right to place or maintain, or priority for
248	the placement or maintenance of, a communications facility in
249	roads or rights-of-way of a municipality or county. Each
250	municipality and county retains the authority to regulate and
251	manage municipal and county roads or rights-of-way in exercising
252	its police power. Any rules or regulations adopted by a
253	municipality or county which govern the occupation of its roads
254	or rights-of-way by providers of communications services must be
255	related to the placement or maintenance of facilities in such
256	roads or rights-of-way, must be reasonable and
257	nondiscriminatory, and may include only those matters necessary
258	to manage the roads or rights-of-way of the municipality or
259	county.
260	(e)  The authority of municipalities and counties to
261	require franchise fees from providers of communications
262	services, with respect to the provision of communications
263	services, is specifically preempted by the state, except as
264	otherwise provided in subparagraph (a)2., because of unique
265	circumstances applicable to providers of communications services
266	when compared to other utilities occupying municipal or county
267	roads or rights-of-way. Providers of communications services may
268	provide similar services in a manner that requires the placement
269	of facilities in municipal or county roads or rights-of-way or
270	in a manner that does not require the placement of facilities in
271	such roads or rights-of-way. Although similar communications
272	services may be provided by different means, the state desires
273	to treat providers of communications services in a
274	nondiscriminatory manner and to have the taxes, franchise fees,
275	and other fees paid by providers of communications services be
276	competitively neutral. Municipalities and counties retain all
277	existing authority, if any, to collect franchise fees from users
278	or occupants of municipal or county roads or rights-of-way other
279	than providers of communications services, and the provisions of
280	this subsection shall have no effect upon this authority. The
281	provisions of this subsection do not restrict the authority, if
282	any, of municipalities or counties or other governmental
283	entities to receive reasonable rental fees based on fair market
284	value for the use of public lands and buildings on property
285	outside the public roads or rights-of-way for the placement of
286	communications antennas and towers.
287	(f)  Except as expressly allowed or authorized by general
288	law and except for the rights-of-way permit fees subject to
289	paragraph (c), a municipality or county may not levy on a
290	provider of communications services a tax, fee, or other charge
291	or imposition for operating as a provider of communications
292	services within the jurisdiction of the municipality or county
293	which is in any way related to using its roads or rights-of-way.
294	A municipality or county may not require or solicit in-kind
295	compensation, except as otherwise provided in s. 202.24(2)(c)8.
296	or s. 610.109 subparagraph (a)2. Nothing in this paragraph shall
297	impair any ordinance or agreement in effect on May 22, 1998, or
298	any voluntary agreement entered into subsequent to that date,
299	which provides for or allows in-kind compensation by a
300	telecommunications company.
301	Section 5.  Section 337.4061, Florida Statutes, is amended
302	to read:
303	337.4061  Definitions; unlawful use of state-maintained
304	road right-of-way by nonfranchised cable and video television
305	services.--
306	(1)  As used in this section, the term:
307	(a)  "Cable service" means:
308	1.  The one-way transmission to subscribers of video
309	programming or any other programming service; and
310	2.  Subscriber interaction, if any, which is required for
311	the selection of such video programming or other programming
312	service.
313	(b)  "Cable system" means a facility, consisting of a set
314	of closed transmission paths and associated signal generation,
315	reception, and control equipment that is designed to provide
316	cable service which includes video programming and which is
317	provided to multiple subscribers within a community, but such
318	term does not include:
319	1.  A facility that serves only to retransmit the
320	television signals of one or more television broadcast stations;
321	2.  A facility that serves only subscribers in one or more
322	multiple-unit dwellings under common ownership, control, or
323	management, unless such facility or facilities use any public
324	right-of-way;
325	3.  A facility that serves subscribers without using any
326	public right-of-way.
327	4.3.  A facility of a common carrier that is subject, in
328	whole or in part, to the provisions of 47 U.S.C. ss. 201 et
329	seq., except the specific bandwidths or wavelengths used by that
330	such facility shall be considered a cable system only to the
331	extent such bandwidths or wavelengths are facility is used in
332	the transmission of video programming directly to subscribers,
333	unless the extent of such use is solely to provide interactive
334	on-demand services, in which case the use of such bandwidths or
335	wavelengths is not a cable system; or
336	5.4.  Any facilities of any electric utility used solely
337	for operating its electric utility systems.
338	(c)  "Franchise" means an initial authorization or renewal
339	thereof issued by a franchising authority, whether such
340	authorization is designated as a franchise, permit, license,
341	resolution, contract, certificate, agreement, or otherwise,
342	which authorizes the construction or operation of a cable system
343	or video service provider network facilities.
344	(d)  "Franchising authority" means any governmental entity
345	empowered by federal, state, or local law to grant a franchise.
346	(e)  "Person" means an individual, partnership,
347	association, joint stock company, trust, corporation, or
348	governmental entity.
349	(f)  "Video programming" means programming provided by or
350	generally considered comparable to programming provided by a
351	television broadcast station or cable system.
352	(g)  "Video service" has the same meaning as that provided
353	in s. 610.103.
354	(2)  It is unlawful to use the right-of-way of any state-
355	maintained road, including appendages thereto, and also
356	including, but not limited to, rest areas, wayside parks, boat-
357	launching ramps, weigh stations, and scenic easements, to
358	provide for cable or video service over facilities purposes
359	within a geographic area subject to a valid existing franchise
360	for cable or video service, unless the cable or video service
361	provider system using such right-of-way holds a franchise from a
362	franchise authority the municipality or county for the area in
363	which the right-of-way is located.
364	(3)  A violation of this section shall be deemed a
365	violation of s. 337.406.
366	Section 6.  Sections 610.102, 610.103, 610.104, 610.105,
367	610.106, 610.107, 610.108, 610.109, 610.112, 610.113, 610.114,
368	610.115, 610.116, 610.117, and 620.118, Florida Statutes, are
369	created to read:
370	610.102  Department of State authority to issue statewide
371	cable and video franchise.--The department shall be designated
372	as the franchising authority for a state-issued franchise for
373	the provision of cable or video service. A municipality or
374	county may not grant a new franchise for the provision of cable
375	or video service within its jurisdiction.
376	610.103  Definitions.--As used in ss. 610.102-610.117:
377	(1)  "Cable service" means:
378	(a)  The one-way transmission to subscribers of video
379	programming or any other programming service.
380	(b)  Subscriber interaction, if any, that is required for
381	the selection of such video programming or other programming
382	service.
383	(2)  "Cable service provider" means a person that provides
384	cable service over a cable system.
385	(3)  "Cable system" means a facility consisting of a set of
386	closed transmission paths and associated signal generation,
387	reception, and control equipment that is designed to provide
388	cable service that includes video programming and that is
389	provided to multiple subscribers within a community, but such
390	term does not include:
391	(a)  A facility that serves only to retransmit the
392	television signals of one or more television broadcast stations;
393	(b)  A facility that serves only subscribers in one or more
394	multiple-unit dwellings under common ownership, control, or
395	management, unless such facility or facilities use any public
396	right-of-way;
397	(c)  A facility that serves subscribers without using any
398	public right-of-way;
399	(d)  A facility of a common carrier that is subject, in
400	whole or in part, to the provisions of 47 U.S.C. ss. 201 et
401	seq., except that the specific bandwidths or wavelengths over
402	such facility shall be considered a cable system only to the
403	extent such bandwidths or wavelengths are used in the
404	transmission of video programming directly to subscribers,
405	unless the extent of such use is solely to provide interactive
406	on-demand services, in which case it is not a cable system; or
407	(e)  Any facilities of any electric utility used solely for
408	operating its electric utility systems.
409	(4)  "Certificateholder" means a cable or video service
410	provider that has been issued and holds a certificate of
411	franchise authority from the department.
412	(5)  "Department" means the Department of State.
413	(6)  "Franchise" means an initial authorization or renewal
414	of an authorization, regardless of whether the authorization is
415	designated as a franchise, permit, license, resolution,
416	contract, certificate, agreement, or otherwise, to construct and
417	operate a cable system or video service provider network
418	facilities in the public right-of-way.
419	(7)  "Franchise authority" means any governmental entity
420	empowered by federal, state, or local law to grant a franchise.
421	(8)  "Incumbent cable service provider" means the cable
422	service provider serving the largest number of cable subscribers
423	in a particular municipal or county franchise area on July 1,
424	2007.
425	(9)  "Public right-of-way" means the area on, below, or
426	above a public roadway, highway, street, sidewalk, alley, or
427	waterway, including, without limitation, a municipal, county,
428	state, district, or other public roadway, highway, street,
429	sidewalk, alley, or waterway.
430	(10)  "Video programming" means programming provided by, or
431	generally considered comparable to programming provided by, a
432	television broadcast station as set forth in 47 U.S.C. s.
433	522(20).
434	(11)  "Video service" means video programming services
435	provided through wireline facilities located at least in part in
436	the public rights-of-way without regard to delivery technology,
437	including Internet protocol technology. This definition does not
438	include any video programming provided by a commercial mobile
439	service provider as defined in 47 U.S.C. s. 332(d), video
440	programming provided via a cable service or video programming
441	provided as part of, and via, a service that enables end users
442	to access content, information, electronic mail, or other
443	services offered over the Internet.
444	(12)  "Video service provider" means a video programming
445	distributor that distributes video programming services through
446	wireline facilities located at least in part in the public
447	rights-of-way without regard to delivery technology. This term
448	does not include a cable service provider.
449	610.104  State authorization to provide cable or video
450	service.--
451	(1)  An entity or person seeking to provide cable or video
452	service in this state after July 1, 2007, shall file an
453	application for a state-issued certificate of franchise
454	authority with the department as required by this section. An
455	entity or person providing cable or video service under an
456	unexpired franchise agreement with a municipality or county as
457	of July 1, 2007, is not subject to this subsection with respect
458	to providing service in such municipality or county until the
459	franchise agreement expires, except as provided by subsection
460	(2) and s. 610.105(4). An entity or person providing cable or
461	video service may seek authorization from the department to
462	provide service in areas where the entity or person currently
463	does not have an existing franchise agreement as of July 1,
464	2007.
465	(2)  Beginning July 1, 2007, a cable or video service
466	provider that is not an incumbent cable or video service
467	provider and provides cable or video service to less than 40
468	percent of the total cable and video service subscribers in a
469	particular franchise area may elect to terminate an existing
470	municipal or county franchise and seek a state-issued
471	certificate of franchise authority by providing written notice
472	to the Secretary of State and the affected municipality or
473	county after July 1, 2007. The municipal or county franchise is
474	terminated under this subsection on the date the department
475	issues the state-issued certificate of franchise authority.
476	(3)  An applicant for a state-issued certificate of
477	franchise authority to provide cable or video service shall
478	submit to the Department of State an application that contains:
479	(a)  The official name of the cable or video service
480	provider.
481	(b)  The street address of the principal place of business
482	of the cable or video service provider.
483	(c)  The federal employer identification number or the
484	Department of State's document number.
485	(d)  The name, address, and telephone number of an officer,
486	partner, owner, member, or manager as a contact person for the
487	cable or video service provider to whom questions or concerns
488	may be addressed.
489	(e)  A duly executed affidavit signed by an officer,
490	partner, owner, or managing member affirming and containing:
491	1.  That the applicant is fully qualified under the
492	provisions of this chapter to file an application and affidavit
493	for a certificate of franchise authority.
494	2.  That the applicant has filed or will timely file with
495	the Federal Communications Commission all forms required by that
496	agency in advance of offering cable or video service in this
497	state.
498	3.  That the applicant agrees to comply with all applicable
499	federal and state laws and regulations, to the extent such state
500	laws and rules are not in conflict with or superseded by the
501	provisions of this chapter or other applicable state law.
502	4.  That the applicant agrees to comply with all state laws
503	and rules and municipal and county ordinances and regulations
504	regarding the placement and maintenance of communications
505	facilities in the public rights-of-way that are generally
506	applicable to providers of communications services in accordance
507	with s. 337.401.
508	5.  A description of the service area for which the
509	applicant seeks the certificate of franchise authority, which
510	need not be coextensive with municipal, county, or other
511	political boundaries.
512	6.  The location of the applicant's principal place of
513	business, the names of the applicant's principal executive
514	officers, and a physical address sufficient for the purposes of
515	chapter 48.
516	7.  That the applicant will file with the department a
517	notice of commencement of service within 5 business days after
518	first providing service in each area described in subparagraph
519	5.
520	8.  A statement affirming that the applicant will notify
521	the department of any change of address or contact person.
522	(4)  Before the 10th business day after the department
523	receives the application, the department shall notify the
524	applicant whether the application and affidavit described in
525	subsection (3) are complete. If the department rejects the
526	application and affidavit, the department shall specify with
527	particularity the reasons for the rejection and permit the
528	applicant to amend the application or affidavit to cure any
529	deficiency. The department shall act upon the amended
530	application or affidavit within 10 business days after the
531	department's receipt of the amended application or affidavit.
532	(5)  The department shall issue a certificate of franchise
533	authority to the applicant before the 15th business day after
534	receipt of an accepted application. The certificate of franchise
535	authority issued by the department shall contain:
536	(a)  The name of the certificateholder and its
537	identification number.
538	(b)  A grant of authority to provide cable or video service
539	as requested in the application.
540	(c)  A grant of authority to construct, maintain, and
541	operate facilities through, upon, over, and under any public
542	right-of-way or waters.
543	(d)  A statement that the grant of authority is subject to
544	lawful operation of the cable or video service by the applicant
545	or its successor in interest.
546	(e)  A statement that describes the service area for which
547	this certificate of authority applies.
548	(f)  A statement that includes the effective date of the
549	commencement of this authority.
550	(6)  If the department fails to act on the accepted
551	application within 30 business days after receiving the accepted
552	application, the application shall be deemed approved by the
553	department without further action.
554	(7)  A certificateholder that seeks to include additional
555	service areas in its current certificate shall file an amendment
556	to the certificate with the department. Such amendment shall
557	specify the name and address of the certificateholder, the new
558	service area or areas to be served, and the effective date of
559	commencement of operations in the new service area or areas.
560	Such amendment shall be filed with the department within 5
561	business days after first providing service in each such
562	additional area.
563	(8)  The certificate of franchise authority issued by the
564	department is fully transferable to any successor in interest to
565	the applicant to which the certificate is initially granted. A
566	notice of transfer shall be filed with the department and the
567	relevant municipality or county within 14 business days
568	following the completion of such transfer.
569	(9)  The certificate of franchise authority issued by the
570	department may be terminated by the cable or video service
571	provider by submitting notice to the department.
572	(10)  An applicant may challenge a rejection of an
573	application by the department in a court of competent
574	jurisdiction through a petition for mandamus.
575	(11)  In executing the provisions of this section, the
576	department shall function in a ministerial capacity accepting
577	information contained in the application and affidavit at face
578	value. The applicant shall ensure continued compliance with all
579	applicable business formation, registration, and taxation
580	provisions of law.
581	(12)  The application shall be accompanied by a one-time
582	fee of $10,000.
583	(13)  Beginning 5 years after approval of the
584	certificateholder's initial certificate of franchise issued by
585	the department, and every 5 years thereafter, the
586	certificateholder shall update the information contained in the
587	original application for a certificate of franchise. At the time
588	of filing the information update, the certificateholder shall
589	pay a processing fee of $1,000. Any certificateholder that fails
590	to file the updated information and pay the processing fee on
591	the 5-year anniversary dates shall be subject to cancellation of
592	its state-issued certificate of franchise authority if, upon
593	notice given to the certificateholder at its last address on
594	file with the department, the certificateholder fails to file
595	the updated information and pay the processing fee within 30
596	days after the date notice was mailed. The application and
597	processing fees imposed in this section shall be paid to the
598	Department of State for deposit into the Operating Trust Fund
599	for immediate transfer by the Chief Financial Officer to the
600	General Inspection Trust Fund of the Department of Agriculture
601	and Consumer Services. The Department of Agriculture and
602	Consumer Services shall maintain a separate account within the
603	General Inspection Trust Fund to distinguish cable franchise
604	revenues from all other funds. The application, any amendments
605	to the certificate, or information updates must be accompanied
606	by a fee to the Department of State equal to that for filing
607	articles of incorporation pursuant to s. 607.0122(1).
608	610.105  Eligibility for state-issued franchise.--
609	(1)  Except as provided in s. 610.104(1) and (2) and
610	subsection (4), an incumbent cable service provider that has an
611	existing, unexpired franchise to provide cable service with
612	respect to a municipality or county as of July 1, 2007, is not
613	eligible to apply for a state-issued certificate of franchise
614	authority under this chapter as to that municipality or county
615	until the expiration date of the existing franchise agreement.
616	(2)  For purposes of this section, an incumbent cable
617	service provider will be deemed to have or have had a franchise
618	to provide cable service in a specific municipality or county if
619	any affiliate or successor entity of the cable service provider
620	has or had an unexpired franchise agreement granted by that
621	specific municipality or county as of July 1, 2007.
622	(3)  The term "affiliate or successor entity" in this
623	section refers to an entity receiving, obtaining, or operating
624	under a franchise that directly or indirectly owns or controls,
625	is owned or controlled by, or is under common ownership or
626	control with the cable service provider.
627	(4)  Notwithstanding subsection (1), an incumbent cable
628	service provider may elect to terminate an existing municipal or
629	county franchise and apply for a state-issued certificate of
630	franchise authority with respect to such municipality or county
631	if another cable or video service provider has been granted a
632	state-issued certificate of franchise authority for a service
633	area located in whole or in part within the service area covered
634	by the existing municipal or county franchise and such
635	certificateholder has commenced providing service in such area.
636	The incumbent cable service provider shall provide at the time
637	of filing its application for a state-issued certificate of
638	franchise authority written notice of its intent to terminate
639	its existing franchise under this subsection to the department
640	and to the affected municipality or county. The municipal or
641	county franchise shall be terminated under this section on the
642	date the department issues to the incumbent cable service
643	provider the state-issued certificate of franchise authority to
644	provide service in such municipality or county franchise area to
645	the incumbent cable service provider.
646	610.106  Franchise fees prohibited.--Except as otherwise
647	provided in this chapter, the department may not impose any
648	taxes, fees, charges, or other impositions on a cable or video
649	service provider as a condition for the issuance of a state-
650	issued certificate of franchise authority. No municipality or
651	county may impose any taxes, fees, charges, or other exactions
652	on certificateholders in connection with use of public right-of-
653	way as a condition of a certificateholder doing business in the
654	municipality or county, or otherwise, except such taxes, fees,
655	charges, or other exactions permitted by chapter 202 and s.
656	337.401(6).
657	610.107  Buildout.--No franchising authority, state agency,
658	or political subdivision may impose any buildout, system
659	construction, or service deployment requirements on a
660	certificateholder.
661	610.108  Customer service standards.--
662	(1)  An incumbent cable service provider shall comply with
663	customer service requirements reasonably comparable to the
664	standards in 47 C.F.R. s. 76.309(c) until there are two or more
665	providers offering service, excluding direct-to-home satellite
666	service, in the incumbent service provider's relevant service
667	area.
668	(2)  Beginning on July 1, 2009, for all providers of cable
669	service in municipalities and counties that, as of January 1,
670	2007, have an office or department dedicated to responding to
671	cable service quality complaints, all such complaints shall be
672	handled on and after July 1, 2009, by the Department of
673	Agriculture and Consumer Services. Until that time, cable
674	service quality complaints shall continue to be handled by the
675	municipality or county. This provision shall not be construed to
676	permit the municipality or county to impose customer service
677	standards in conflict with this section.
678	(3)  The Department of Agriculture and Consumer Services
679	shall receive service quality complaints from customers of a
680	certificateholder and shall address such complaints in an
681	expeditious manner by assisting in the resolution of such
682	complaint between the complainant and the certificateholder. The
683	Department of Agriculture and Consumer Services shall adopt any
684	procedural rules pursuant to ss. 120.536(1) and 120.54 necessary
685	to implement this section.
686	610.109  Public, educational, and governmental access
687	channels.--
688	(1)  A certificateholder, not later than 12 months
689	following a request by a municipality or county within whose
690	jurisdiction the certificateholder is providing cable or video
691	service, shall designate a sufficient amount of capacity on its
692	network to allow the provision of public, educational, and
693	governmental access channels for noncommercial programming as
694	set forth in this section, except that a holder of a state-
695	issued certificate of authority granted pursuant to s. 610.105
696	shall be required to satisfy the public, educational, and
697	government access channel capacity obligations specified in this
698	section upon issuance of such certificate for any service area
699	covered by such certificate that is located within the service
700	area that was covered by the cable provider's terminated
701	franchise.
702	(2)  A certificateholder shall designate a sufficient
703	amount of capacity on its network to allow the provision of a
704	comparable number of public, educational, and governmental
705	access channels or capacity equivalent that a municipality or
706	county has activated under the incumbent cable service
707	provider's franchise agreement as of July 1, 2007. For the
708	purposes of this section, a public, educational, or governmental
709	channel is deemed activated if the channel is being used for
710	public, educational, or governmental programming within the
711	municipality for at least 10 hours per day.
712	(3)  If a municipality or county did not have public,
713	educational, or governmental access channels activated under the
714	incumbent cable service provider's franchise agreement as of
715	July 1, 2007, not later than 12 months following a request by
716	the municipality or county within whose jurisdiction a
717	certificateholder is providing cable or video service, the cable
718	or video service provider shall furnish:
719	(a)  Up to three public, educational, or governmental
720	channels or capacity equivalent for a municipality or county
721	with a population of at least 50,000.
722	(b)  Up to two public, educational, or governmental
723	channels or capacity equivalent for a municipality or county
724	with a population of less than 50,000.
725	(4)  Any public, educational, or governmental channel
726	provided pursuant to this section that is not used by the
727	municipality or county for at least 10 hours a day shall no
728	longer be made available to the municipality or county but may
729	be programmed at the cable or video service provider's
730	discretion. At such time as the municipality or county can
731	certify to the cable or video service provider a schedule for at
732	least 10 hours of daily programming, the cable or video service
733	provider shall restore the previously lost channel but shall be
734	under no obligation to carry that channel on a basic or analog
735	tier.
736	(5)  If a municipality or county has not used the number of
737	access channels or capacity equivalent permitted by subsection
738	(3), access to the additional channels or capacity equivalent
739	allowed in subsection (3) shall be provided upon 12 month's
740	written notice if the municipality or county meets the following
741	standard: if a municipality or county has one active public,
742	educational, or governmental channel and wishes to activate an
743	additional public, educational, or governmental channel, the
744	initial channel shall be considered to be substantially used
745	when 12 hours are programmed on that channel each calendar day.
746	In addition, at least 40 percent of the 12 hours of programming
747	for each business day on average over each calendar quarter must
748	be nonrepeat programming. Nonrepeat programming shall include
749	the first three videocastings of a program. If a municipality or
750	county is entitled to three public, educational, or governmental
751	channels under subsection (3) and has in service two active
752	public, educational, or governmental channels, each of the two
753	active channels shall be considered to be substantially used
754	when 12 hours are programmed on each channel each calendar day
755	and at least 50 percent of the 12 hours of programming for each
756	business day on average over each calendar quarter is nonrepeat
757	programming for three consecutive calendar quarters.
758	(6)  The operation of any public, educational, or
759	governmental access channel or capacity equivalent provided
760	under this section shall be the responsibility of the
761	municipality or county receiving the benefit of such channel or
762	capacity equivalent, and a certificateholder bears only the
763	responsibility for the transmission of such channel content. A
764	certificateholder shall be responsible for providing the
765	connectivity to each public, educational, or governmental access
766	channel distribution point up to the first 200 feet from the
767	certificateholder's activated cable or video transmission
768	system.
769	(7)  The municipality or county shall ensure that all
770	transmissions, content, or programming to be transmitted over a
771	channel or facility by a certificateholder are provided or
772	submitted to the cable or video service provider in a manner or
773	form that is capable of being accepted and transmitted by a
774	provider without any requirement for additional alteration or
775	change in the content by the provider, over the particular
776	network of the cable or video service provider, which is
777	compatible with the technology or protocol used by the cable or
778	video service provider to deliver services. The provision of
779	public, educational, or governmental content to the provider
780	constitutes authorization for the provider to carry such
781	content, including, at the provider's option, authorization to
782	carry the content beyond the jurisdictional boundaries of the
783	municipality or county.
784	(8)  Where technically feasible, a certificateholder and an
785	incumbent cable service provider shall use reasonable efforts to
786	interconnect their networks for the purpose of providing public,
787	educational, and governmental programming. Interconnection may
788	be accomplished by direct cable, microwave link, satellite, or
789	other reasonable method of connection. Certificateholders and
790	incumbent cable service providers shall negotiate in good faith
791	and incumbent cable service providers may not withhold
792	interconnection of public, educational, and governmental
793	channels.
794	(9)  A certificateholder is not required to interconnect
795	for, or otherwise to transmit, public, educational, and
796	governmental content that is branded with the logo, name, or
797	other identifying marks of another cable or video service
798	provider, and a municipality or county may require a cable or
799	video service provider to remove its logo, name, or other
800	identifying marks from public, educational, and governmental
801	content that is to be made available to another provider.
802	(10)  A court of competent jurisdiction shall have
803	exclusive jurisdiction to enforce any requirement under this
804	section.
805	610.112  Nondiscrimination by municipality or county.--
806	(1)  A municipality or county shall allow a
807	certificateholder to install, construct, and maintain a network
808	within a public right-of-way and shall provide a
809	certificateholder with open, comparable, nondiscriminatory, and
810	competitively neutral access to the public right-of-way in
811	accordance with the provisions of s. 337.401. All use of a
812	public right-of-way by a certificateholder is nonexclusive.
813	(2)  A municipality or county may not discriminate against
814	a certificateholder regarding:
815	(a)  The authorization or placement of a network in a
816	public right-of-way;
817	(b)  Access to a building or other property; or
818	(c)  Utility pole attachment terms.
819	610.113  Limitation on local authority.--
820	(1)  A municipality or county may not impose additional
821	requirements on a certificateholder, including, but not limited
822	to, financial, operational, and administrative requirements,
823	except as expressly permitted by this chapter. A municipality or
824	county may not impose on activities of a certificateholder a
825	requirement:
826	(a)  That particular business offices be located in the
827	municipality or county;
828	(b)  Regarding the filing of reports and documents with the
829	municipality or county that are not required by state or federal
830	law and that are not related to the use of the public right-of-
831	way. Reports and documents other than schematics indicating the
832	location of facilities for a specific site that are provided in
833	the normal course of the municipality's or county's permitting
834	process, that are authorized by s. 337.401 for communications
835	services providers, or that are otherwise required in the normal
836	course of such permitting process shall not be considered
837	related to the use of the public right-of-way for communications
838	service providers. A municipality or county may not request
839	information concerning the capacity or technical configuration
840	of a certificateholder's facilities;
841	(c)  For the inspection of a certificateholder's business
842	records; or
843	(d)  For the approval of transfers of ownership or control
844	of a certificateholder's business, except that a municipality or
845	county may require a certificateholder to provide notice of a
846	transfer within a reasonable time.
847	(2)  Notwithstanding any other provision of law, a
848	municipality or county may require the issuance of a permit in
849	accordance with and subject to s. 337.401 to a certificateholder
850	that is placing and maintaining facilities in or on a public
851	right-of-way in the municipality or county. In accordance with
852	s. 337.402, the permit may require the permitholder to be
853	responsible, at the permitholder's expense, for any damage
854	resulting from the issuance of such permit and for restoring the
855	public right-of-way to its original condition before
856	installation of such facilities. The terms of the permit shall
857	be consistent with construction permits issued to other
858	providers of communications services placing or maintaining
859	communications facilities in a public right-of-way.
860	610.114  Discrimination prohibited.--
861	(1)  The purpose of this section is to prevent
862	discrimination among potential residential subscribers.
863	(2)  Pursuant to 47 U.S.C. s. 541(a)(3), a
864	certificateholder may not deny access to service to any group of
865	potential residential subscribers because of the race or income
866	of the residents in the local area in which such group resides.
867	(3)  An affected person may seek enforcement of subsection
868	(2) by initiating a proceeding with the Department of
869	Agriculture and Consumer Services pursuant to s. 570.544. Any
870	request for enforcement provided to the department must contain
871	a clear statement of the facts and the information upon which
872	the complaint is based. The department shall provide any
873	information specified or requested in the complaint, including
874	supporting documents, to the appropriate certificateholder which
875	shall have 60 days to provide a response to the department and
876	the complainant. If the complainant is not satisfied with the
877	response, the department shall engage in nonbinding mediation
878	between the affected parties. If the mediation does not resolve
879	the matter to each party's satisfaction, an affected party may
880	file a complaint with a court of competent jurisdiction. A
881	person may not file an action in court without having
882	participated in a mediation of the complaint by the department.
883	If such court finds that a certificateholder is in material
884	noncompliance with this section, the certificateholder shall
885	have a reasonable period of time, as specified by the court, to
886	cure such noncompliance. The court may also award the affected
887	person his or her reasonable costs and attorney's fees in
888	seeking enforcement of subsection (2).
889	(4)  For purposes of determining whether a
890	certificateholder has violated subsection (2), cost, density,
891	distance, and technological or commercial limitations shall be
892	taken into account. Use of an alternative technology that
893	provides comparable content, service, and functionality may not
894	be considered a violation of subsection (2). The inability to
895	serve an end user because a certificateholder is prohibited from
896	placing its own facilities in a building or property is not a
897	violation of subsection (2). This section may not be construed
898	to authorize any buildout requirements on a certificateholder.
899	(5)  The Department of Agriculture and Consumer Services
900	shall adopt any procedural rules pursuant to ss. 120.536(1) and
901	120.54 necessary to implement this section.
902	610.115  Compliance.--If a certificateholder is found by a
903	court of competent jurisdiction not to be in compliance with the
904	requirements of this chapter, the certificateholder shall have a
905	reasonable period of time, as specified by the court, to cure
906	such noncompliance.
907	610.116  Impairment; court-ordered operations.--
908	(1)  If an incumbent cable service provider is required to
909	operate under its existing franchise and is legally prevented by
910	a lawfully issued order of a court of competent jurisdiction
911	from exercising its right to terminate its existing franchise
912	pursuant to the terms of s. 610.105(4), any nonincumbent
913	certificateholder providing cable service or video service in
914	whole or in part within the service area which is the subject of
915	the incumbent cable service provider's franchise shall also
916	comply with such order, but only as long as such court order
917	remains in effect, with the following franchise terms and
918	conditions as applicable to the incumbent cable service provider
919	in the service area:
920	(a)  The nonincumbent certificateholder shall pay to the
921	municipality or county the lesser of:
922	1.  Any prospective lump-sum or recurring per-subscriber
923	funding obligations to support public, educational, and
924	governmental access channels, institutional networks if any, or
925	other prospective franchise-required monetary grants related to
926	public, educational, or governmental access facilities and
927	capital costs. Prospective lump-sum payments shall be made on an
928	equivalent per-subscriber basis calculated as follows: the
929	amount of the prospective funding obligations divided by the
930	number of subscribers being served by the incumbent cable
931	service provider at the time of payment, divided by the number
932	of months remaining in the incumbent cable service provider's
933	franchise equals the monthly per subscriber amount to be paid by
934	the certificateholder until the expiration or termination of the
935	incumbent cable service provider's franchise; or
936	2.  An amount equal to 1 percent of the sales price, as
937	defined in s. 202.11(13), for the taxable monthly retail sales
938	of cable or video programming services the nonincumbent
939	certificateholder received from subscribers in the affected
940	municipality or county. All definitions and exemptions under
941	chapter 202 shall apply in the determination of taxable monthly
942	retail sales of cable or video programming services.
943	(b)  No payments shall be due under this subsection until
944	45 days after the municipality or county notifies the respective
945	providers and the Department of Revenue, in writing, of the
946	appropriate per-subscriber amount. All payments made pursuant to
947	this subsection shall be made as a part of the
948	certificateholder's payment of communications services tax
949	pursuant to s. 202.27, and all administrative provisions of
950	chapter 202 shall apply to any payments made pursuant to this
951	subsection.
952	(c)  Upon request by a municipality or county, the
953	nonincumbent certificateholder shall provide within a reasonable
954	period of time comparable, complementary basic cable or video
955	service offerings to public K-12 schools, public libraries, or
956	government buildings as is required in the incumbent's existing
957	franchise, to the extent such buildings are located within 200
958	feet of the nonincumbent certificateholder's activated video
959	distribution plant.
960	(d)  Any nonincumbent certificateholder may designate that
961	portion of that subscriber's bill attributable to any fee
962	imposed pursuant to this section as a separate item on the bill
963	and recover such amount from the subscriber.
964	(2)  The provisions of subsection (1) shall not alter the
965	rights of a nonincumbent cable service or video service provider
966	with respect to service areas designated pursuant to s.
967	610.104(4)(d). Any certificateholder providing cable service or
968	video service in a service area covered by the terms of an
969	existing cable franchise that is subject to a court or other
970	proceeding challenging the ability of an incumbent cable service
971	provider to exercise its legal right to terminate its existing
972	cable franchise pursuant to s. 610.105(4) shall have the right
973	to intervene in such proceeding.
974	610.117  Reports to the Legislature.--
975	(1)  The Office of Program Policy Analysis and Government
976	Accountability shall submit to the President of the Senate, the
977	Speaker of the House of Representatives, and the majority and
978	minority leaders of the Senate and House of Representatives, by
979	December 1, 2009, and December 1, 2014, a report on the status
980	of competition in the cable and video service industry,
981	including, by each municipality and county, the number of cable
982	and video service providers, the number of cable and video
983	subscribers served, the number of areas served by fewer than two
984	cable or video service providers, the trend in cable and video
985	service prices, and the identification of any patterns of
986	service as they impact demographic and income groups.
987	(2)  By January 15, 2008, the Department of Agriculture and
988	Consumer Services shall make recommendations to the President of
989	the Senate, the Speaker of the House of Representatives, and the
990	majority and minority leaders of the Senate and House of
991	Representatives regarding the workload and staffing requirements
992	associated with consumer complaints related to video and cable
993	certificateholders. The Department of State shall provide to the
994	Department of Agriculture and Consumer Services, for inclusion
995	in the report, the workload requirements for processing the
996	certificates of franchise authority. In addition, the Department
997	of State shall provide the number of applications filed for
998	cable and video certificates of franchise authority and the
999	number of amendments received to original applications for
1000	franchise certificate authority.
1001	610.118  Severability.--If any provision of ss. 610.102-
1002	610.102-610.117 or the application thereof to any person or
1003	circumstance is held invalid, such invalidity shall not affect
1004	other provisions or application of ss. 610.102-610.117 that can
1005	be given effect without the invalid provision or application,
1006	and to this end the provisions of ss. 610.102-610.117 are
1007	severable.
1008	Section 7.  Paragraph (a) of subsection (3) of section
1009	350.81, Florida Statutes, is amended to read:
1010	350.81  Communications services offered by governmental
1011	entities.--
1012	(3)(a)  A governmental entity that provides a cable service
1013	shall comply with the Cable Communications Policy Act of 1984,
1014	47 U.S.C. ss. 521 et seq., the regulations issued by the Federal
1015	Communications Commission under the Cable Communications Policy
1016	Act of 1984, 47 U.S.C. ss. 521 et seq., and all applicable state
1017	and federal rules and regulations, including, but not limited
1018	to, s. 166.046 and those provisions of chapters 202, 212, and
1019	337, and 610 that which apply to a provider of the services.
1020	Section 8.  Section 364.0361, Florida Statutes, is amended
1021	to read:
1022	364.0361  Local government authority; nondiscriminatory
1023	exercise.--A local government shall treat each
1024	telecommunications company in a nondiscriminatory manner when
1025	exercising its authority to grant franchises to a
1026	telecommunications company or to otherwise establish conditions
1027	or compensation for the use of rights-of-way or other public
1028	property by a telecommunications company. A local government may
1029	not directly or indirectly regulate the terms and conditions,
1030	including, but not limited to, the operating systems,
1031	qualifications, services, service quality, service territory,
1032	and prices, applicable to or in connection with the provision of
1033	any voice-over-Internet protocol, regardless of the platform,
1034	provider, or protocol, broadband or information service. This
1035	section does not relieve a provider from any obligations under
1036	s. 166.046 or s. 337.401.
1037	Section 9.  Subsections (6), (7), and (8) of section
1038	364.051, Florida Statutes, are amended to read:
1039	364.051  Price regulation.--
1040	(6)  After a local exchange telecommunications company that
1041	has more than 1 million access lines in service has reduced its
1042	intrastate switched network access rates to parity, as defined
1043	in s. 364.164(5), the local exchange telecommunications
1044	company's retail service quality requirements that are not
1045	already equal to the service quality requirements imposed upon
1046	the competitive local exchange telecommunications companies
1047	shall at the company's request to the commission be no greater
1048	than those imposed upon competitive local exchange
1049	telecommunications companies unless the commission, within 120
1050	days after the company's request, determines otherwise. In such
1051	event, the commission may grant some reductions in service
1052	quality requirements in some or all of the company's local
1053	calling areas. The commission may not impose retail service
1054	quality requirements on competitive local exchange
1055	telecommunications companies greater than those existing on
1056	January 1, 2003.
1057	(7)  After a local exchange telecommunications company that
1058	has more than 1 million access lines in service has reduced its
1059	intrastate switched network access rates to parity, as defined
1060	in s. 364.164(5), the local exchange telecommunications company
1061	may petition the commission for regulatory treatment of its
1062	retail services at a level no greater than that imposed by the
1063	commission upon competitive local exchange telecommunications
1064	companies. The local exchange telecommunications company shall:
1065	(a)  Show that granting the petition is in the public
1066	interest;
1067	(b)  Demonstrate that the competition faced by the company
1068	is sufficient and sustainable to allow such competition to
1069	supplant regulation by the commission; and
1070	(c)  Reduce its intrastate switched network access rates to
1071	its local reciprocal interconnection rate upon the grant of the
1072	petition.
1073
1074	The commission shall act upon such a petition within 9 months
1075	after its filing with the commission. The commission may not
1076	increase the level of regulation for competitive local exchange
1077	telecommunications companies to a level greater than that which
1078	exists on the date the local exchange telecommunications company
1079	files its petition.
1080	(8)  The provisions described in subsections (6) and (7)
1081	shall apply to any local exchange telecommunications company
1082	with 1 million or fewer lines in service that has reduced its
1083	intrastate switched network access rates to a level equal to the
1084	company's interstate switched network access rates in effect on
1085	January 1, 2003.
1086	Section 10.  Paragraph (h) of subsection (3) of section
1087	364.10, Florida Statutes, is amended to read:
1088	364.10  Undue advantage to person or locality prohibited;
1089	Lifeline service.--
1090	(3)
1091	(h)1.  By December 31, 2003, each state agency that
1092	provides benefits to persons eligible for Lifeline service shall
1093	undertake, in cooperation with the Department of Children and
1094	Family Services, the Department of Education, the commission,
1095	the Office of Public Counsel, and telecommunications companies
1096	providing Lifeline services, the development of procedures to
1097	promote Lifeline participation.
1098	2.  If any state agency determines that a person is
1099	eligible for Lifeline service, the agency shall act immediately
1100	to ensure that the person is automatically enrolled in the
1101	program with the appropriate eligible telecommunications
1102	carrier. The state agency shall include an option for an
1103	eligible customer to choose not to subscribe to the Lifeline
1104	service. The Public Service Commission shall, no later than
1105	September 1, 2007, adopt rules as necessary creating procedures
1106	to automatically enroll eligible customers in Lifeline service.
1107	3.  The commission, the Department of Children and Family
1108	Services, and the Office of Public Counsel shall enter into a
1109	memorandum of understanding establishing the respective duties
1110	of the commission, the department, and the Public Counsel with
1111	respect to the automatic enrollment procedures.
1112	Section 11.  Section 364.163, Florida Statutes, is amended
1113	to read:
1114	364.163  Network access services.--For purposes of this
1115	section, the term "network access service" is defined as any
1116	service provided by a local exchange telecommunications company
1117	to a telecommunications company certificated under this chapter
1118	or licensed by the Federal Communications Commission to access
1119	the local exchange telecommunications network, excluding the
1120	local interconnection arrangements in s. 364.16 and the resale
1121	arrangements in s. 364.161. Each local exchange
1122	telecommunications company subject to s. 364.051 shall maintain
1123	tariffs with the commission containing the terms, conditions,
1124	and rates for each of its network access services. The switched
1125	network access service rates in effect immediately prior to July
1126	1, 2007, shall be, and shall remain, capped at that level until
1127	July 1, 2010. An interexchange telecommunications company may
1128	not institute any intrastate connection fee or any similarly
1129	named fee.
1130	(1)  After a local exchange telecommunications company's
1131	intrastate switched network access rates are reduced to or below
1132	parity, as defined in s. 364.164(5), the company's intrastate
1133	switched network access rates shall be, and shall remain, capped
1134	for 3 years.
1135	(2)  Any intrastate interexchange telecommunications
1136	company whose intrastate switched network access rate is reduced
1137	as a result of the rate adjustments made by a local exchange
1138	telecommunications company in accordance with s. 364.164 shall
1139	decrease its intrastate long distance revenues by the amount
1140	necessary to return the benefits of such reduction to both its
1141	residential and business customers. The intrastate interexchange
1142	telecommunications company may determine the specific intrastate
1143	rates to be decreased, provided that residential and business
1144	customers benefit from the rate decreases. Any in-state
1145	connection fee or similarly named fee shall be eliminated by
1146	July 1, 2006, provided that the timetable determined pursuant to
1147	s. 364.164(1) reduces intrastate switched network access rates
1148	in an amount that results in the elimination of such fee in a
1149	revenue-neutral manner. The tariff changes, if any, made by the
1150	intrastate interexchange telecommunications company to carry out
1151	the requirements of this subsection shall be presumed valid and
1152	shall become effective on 1 day's notice.
1153	(3)  The commission shall have continuing regulatory
1154	oversight of intrastate switched network access and customer
1155	long distance rates for purposes of determining the correctness
1156	of any rate decrease by a telecommunications company resulting
1157	from the application of s. 364.164 and making any necessary
1158	adjustments to those rates.
1159	Section 12.  Subsection (4) is added to section 364.385,
1160	Florida Statutes, to read:
1161	364.385  Saving clauses.--
1162	(4)  The rates and charges for basic local
1163	telecommunications service and network access service approved
1164	by the commission in accordance with the decisions set forth in
1165	Orders Nos. PSC 03-1469-FOF-TL and PSC 04-0456-FOF-TL, and which
1166	are in effect immediately prior to July 1, 2007, shall remain in
1167	effect and such rates and charges may not be changed after the
1168	effective date of this act, except in accordance with the
1169	provisions of ss.364.051 and 364.163.
1170	Section 13.  Sections 166.046 and 364.164, Florida
1171	Statutes, are repealed.
1172	Section 14.  This act shall take effect upon becoming a
1173	law.

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