1 | A bill to be entitled |
2 | An act relating to communications; providing a short |
3 | title; providing legislative findings; providing |
4 | legislative intent; amending s. 202.11, F.S.; providing a |
5 | definition; amending s. 202.24, F.S.; prohibiting counties |
6 | and municipalities from negotiating terms and conditions |
7 | relating to cable and video services; deleting |
8 | authorization to negotiate; revising application to |
9 | existing ordinances or franchise agreements; amending s. |
10 | 337.401, F.S.; deleting authorization for counties and |
11 | municipalities to award cable service franchises and a |
12 | restriction that cable service companies not operate |
13 | without such a franchise; amending s. 337.4061, F.S.; |
14 | revising definitions; creating ss. 610.102, 610.103, |
15 | 610.104, 610.105, 610.106, 610.107, 610.108, 610.109, |
16 | 610.112, 610.113, 610.114, 610.115, 610.116, 610.117, |
17 | 620.118, 610.119 and 610.120, F.S.; designating the |
18 | Department of State as the authorizing authority; |
19 | providing definitions; requiring state authorization to |
20 | provide cable and video services; providing requirements |
21 | and procedures; providing for fees; providing duties and |
22 | responsibilities of the Department of State; providing |
23 | application procedures and requirements; providing for |
24 | issuing certificates of franchise authority; providing |
25 | eligibility requirements and criteria for a certificate; |
26 | providing for amending a certificate; providing for |
27 | transferability of certificates; providing for termination |
28 | of certificates under certain circumstances; providing for |
29 | challenging a department rejection of an application; |
30 | providing that the department shall function in a |
31 | ministerial capacity for certain purposes; providing for |
32 | an application form; providing for an application fee; |
33 | requiring certain information updates; providing for a |
34 | processing fee; providing for cancellation upon notice |
35 | that information updates and processing fees are not |
36 | received; providing for an opportunity to cure; providing |
37 | for transfer of such fees to the Department of Agriculture |
38 | and Consumer Services; requiring the department to |
39 | maintain a separate account for cable franchise revenues; |
40 | providing for fees to the Department of State for certain |
41 | activities; providing for incumbent cable service provider |
42 | eligibility for state-issued franchises; providing for |
43 | certain notice to municipal or county franchise authority; |
44 | providing for termination of a municipal or county |
45 | franchise; declaring certain additional obligations on a |
46 | franchisee against public policy and void; prohibiting the |
47 | department from imposing additional taxes, fees, or |
48 | charges on a cable or video service provider to issue a |
49 | certificate; prohibiting imposing buildout, construction, |
50 | and deployment requirements on a certificateholder; |
51 | imposing certain customer service requirements on cable |
52 | service providers; allowing a municipality or county to |
53 | respond to complaints for a time certain; requiring the |
54 | Department of Agriculture and Consumer Services to receive |
55 | customer service complaints; requiring provision of |
56 | public, educational, and governmental access channels or |
57 | their functional equivalent; providing criteria, |
58 | requirements, and procedures; providing exceptions; |
59 | providing responsibilities of municipalities and counties |
60 | relating to such channels; providing for cable or video |
61 | services for certain public facilities; providing |
62 | requirements for and limitations on counties and |
63 | municipalities relating to access to public right-of-way; |
64 | prohibiting counties and municipalities from imposing |
65 | additional requirements on certificateholders; authorizing |
66 | counties and municipalities to require permits of |
67 | certificateholders relating to public right-of-way; |
68 | providing permit criteria and requirements; prohibiting |
69 | discrimination among cable and video service subscribers; |
70 | providing for enforcement; clarifying local government and |
71 | department authority over communications services; |
72 | providing for enforcement of compliance by |
73 | certificateholders; providing for court-ordered operation |
74 | under existing franchise agreements; providing |
75 | requirements for cable service providers under certain |
76 | court orders; requiring the Office of Program Policy |
77 | Analysis and Government Accountability to report to the |
78 | Legislature on the status of competition in the cable and |
79 | video service industry; providing report requirements; |
80 | requiring the Department of Agriculture and Consumer |
81 | Services to make recommendations to the Legislature; |
82 | providing duties of the Department of State; providing |
83 | severability; amending ss. 350.81 and 364.0361, F.S.; |
84 | conforming cross-references; amending s. 364.051, F.S.; |
85 | deleting provisions under which certain telecommunications |
86 | companies may elect alternative regulation; amending s. |
87 | 364.10, F.S.; providing requirements for enrolling certain |
88 | persons in the Lifeline service program; requiring the |
89 | Public Service Commission to adopt rules by a specified |
90 | date; requiring the commission, the Department of Children |
91 | and Family Services, and the Office of Public Counsel to |
92 | enter into a memorandum of understanding of respective |
93 | duties under the Lifeline service program; amending s. |
94 | 364.163, F.S.; providing for a cap on certain switched |
95 | network access service rates; deleting a time period in |
96 | which intrastate access rates are capped; prohibiting |
97 | interexchange telecommunications companies from |
98 | instituting any intrastate connection fee; deleting |
99 | provisions for regulatory oversight of intrastate access |
100 | rates; amending s. 364.385, F.S.; providing for continuing |
101 | effect of certain rates and charges approved by the Public |
102 | Service Commission; providing for an exception; repealing |
103 | s. 166.046, F.S., relating to definitions and minimum |
104 | standards for cable television franchises imposed upon |
105 | counties and municipalities; repealing s. 364.164, F.S., |
106 | relating to competitive market enhancement; creating s. |
107 | 501.2079, F.S.; providing for violations involving |
108 | discrimination in delivery of video service; providing |
109 | definitions; prohibiting discrimination; providing a time |
110 | to cure; providing criteria; providing for enforcement; |
111 | providing remedies; providing an effective date. |
112 |
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113 | Be It Enacted by the Legislature of the State of Florida: |
114 |
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115 | Section 1. This act may be cited as the "Consumer Choice |
116 | Act of 2007." |
117 | Section 2. The Legislature finds that providing an |
118 | incumbent cable or video service provider with the option to |
119 | secure a statutory certificate franchise through the preemption |
120 | of an existing cable franchise between a cable or video service |
121 | provider and any political subdivision of the state, including, |
122 | but not limited to, any municipality or county, is an essential |
123 | element of the new regulatory framework established by this act |
124 | as a matter of statewide concern to best ensure equal protection |
125 | and parity among providers and technologies, as well as to |
126 | achieve the goals stated by the Legislature in enacting this |
127 | act. |
128 | Section 3. Subsection (24) is added to section 202.11, |
129 | Florida Statutes, to read: |
130 | 202.11 Definitions.--As used in this chapter: |
131 | (24) "Video service" has the same meaning as that provided |
132 | in s. 610.103. |
133 | Section 4. Paragraphs (a) and (c) of subsection (2) of |
134 | section 202.24, Florida Statutes, are amended to read: |
135 | 202.24 Limitations on local taxes and fees imposed on |
136 | dealers of communications services.-- |
137 | (2)(a) Except as provided in paragraph (c), each public |
138 | body is prohibited from: |
139 | 1. Levying on or collecting from dealers or purchasers of |
140 | communications services any tax, charge, fee, or other |
141 | imposition on or with respect to the provision or purchase of |
142 | communications services. |
143 | 2. Requiring any dealer of communications services to |
144 | enter into or extend the term of a franchise or other agreement |
145 | that requires the payment of a tax, charge, fee, or other |
146 | imposition. |
147 | 3. Adopting or enforcing any provision of any ordinance or |
148 | agreement to the extent that such provision obligates a dealer |
149 | of communications services to charge, collect, or pay to the |
150 | public body a tax, charge, fee, or other imposition. |
151 |
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152 | Municipalities and counties may not Each municipality and county |
153 | retains authority to negotiate all terms and conditions of a |
154 | cable service franchise allowed by federal and state law except |
155 | those terms and conditions related to franchise fees or and the |
156 | definition of gross revenues or other definitions or |
157 | methodologies related to the payment or assessment of franchise |
158 | fees on providers of cable or video services. |
159 | (c) This subsection does not apply to: |
160 | 1. Local communications services taxes levied under this |
161 | chapter. |
162 | 2. Ad valorem taxes levied pursuant to chapter 200. |
163 | 3. Occupational license taxes levied under chapter 205. |
164 | 4. "911" service charges levied under chapter 365. |
165 | 5. Amounts charged for the rental or other use of property |
166 | owned by a public body which is not in the public rights-of-way |
167 | to a dealer of communications services for any purpose, |
168 | including, but not limited to, the placement or attachment of |
169 | equipment used in the provision of communications services. |
170 | 6. Permit fees of general applicability which are not |
171 | related to placing or maintaining facilities in or on public |
172 | roads or rights-of-way. |
173 | 7. Permit fees related to placing or maintaining |
174 | facilities in or on public roads or rights-of-way pursuant to s. |
175 | 337.401. |
176 | 8. Any in-kind requirements, institutional networks, or |
177 | contributions for, or in support of, the use or construction of |
178 | public, educational, or governmental access facilities allowed |
179 | under federal law and imposed on providers of cable or video |
180 | service pursuant to any existing ordinance or an existing |
181 | franchise agreement granted by each municipality or county, |
182 | under which ordinance or franchise agreement service is provided |
183 | prior to July 1, 2007, or as permitted under chapter 610. |
184 | Nothing in this subparagraph shall prohibit the ability of |
185 | providers of cable or video service to recover such expenses as |
186 | allowed under federal law. |
187 | 9. Special assessments and impact fees. |
188 | 10. Pole attachment fees that are charged by a local |
189 | government for attachments to utility poles owned by the local |
190 | government. |
191 | 11. Utility service fees or other similar user fees for |
192 | utility services. |
193 | 12. Any other generally applicable tax, fee, charge, or |
194 | imposition authorized by general law on July 1, 2000, which is |
195 | not specifically prohibited by this subsection or included as a |
196 | replaced revenue source in s. 202.20. |
197 | Section 5. Paragraphs (a), (b), (e), and (f) of subsection |
198 | (3) of section 337.401, Florida Statutes, are amended to read: |
199 | 337.401 Use of right-of-way for utilities subject to |
200 | regulation; permit; fees.-- |
201 | (3)(a)1. Because of the unique circumstances applicable to |
202 | providers of communications services, including, but not limited |
203 | to, the circumstances described in paragraph (e) and the fact |
204 | that federal and state law require the nondiscriminatory |
205 | treatment of providers of telecommunications services, and |
206 | because of the desire to promote competition among providers of |
207 | communications services, it is the intent of the Legislature |
208 | that municipalities and counties treat providers of |
209 | communications services in a nondiscriminatory and competitively |
210 | neutral manner when imposing rules or regulations governing the |
211 | placement or maintenance of communications facilities in the |
212 | public roads or rights-of-way. Rules or regulations imposed by a |
213 | municipality or county relating to providers of communications |
214 | services placing or maintaining communications facilities in its |
215 | roads or rights-of-way must be generally applicable to all |
216 | providers of communications services and, notwithstanding any |
217 | other law, may not require a provider of communications |
218 | services, except as otherwise provided in subparagraph 2., to |
219 | apply for or enter into an individual license, franchise, or |
220 | other agreement with the municipality or county as a condition |
221 | of placing or maintaining communications facilities in its roads |
222 | or rights-of-way. In addition to other reasonable rules or |
223 | regulations that a municipality or county may adopt relating to |
224 | the placement or maintenance of communications facilities in its |
225 | roads or rights-of-way under this subsection, a municipality or |
226 | county may require a provider of communications services that |
227 | places or seeks to place facilities in its roads or rights-of- |
228 | way to register with the municipality or county and to provide |
229 | the name of the registrant; the name, address, and telephone |
230 | number of a contact person for the registrant; the number of the |
231 | registrant's current certificate of authorization issued by the |
232 | Florida Public Service Commission, or the Federal Communications |
233 | Commission, or the Department of State; and proof of insurance |
234 | or self-insuring status adequate to defend and cover claims. |
235 | 2. Notwithstanding the provisions of subparagraph 1., a |
236 | municipality or county may, as provided by 47 U.S.C. s. 541, |
237 | award one or more franchises within its jurisdiction for the |
238 | provision of cable service, and a provider of cable service |
239 | shall not provide cable service without such franchise. Each |
240 | municipality and county retains authority to negotiate all terms |
241 | and conditions of a cable service franchise allowed by federal |
242 | law and s. 166.046, except those terms and conditions related to |
243 | franchise fees and the definition of gross revenues or other |
244 | definitions or methodologies related to the payment or |
245 | assessment of franchise fees and permit fees as provided in |
246 | paragraph (c) on providers of cable services. A municipality or |
247 | county may exercise its right to require from providers of cable |
248 | service in-kind requirements, including, but not limited to, |
249 | institutional networks, and contributions for, or in support of, |
250 | the use or construction of public, educational, or governmental |
251 | access facilities to the extent permitted by federal law. A |
252 | provider of cable service may exercise its right to recover any |
253 | such expenses associated with such in-kind requirements, to the |
254 | extent permitted by federal law. |
255 | (b) Registration described in paragraph subparagraph (a)1. |
256 | does not establish a right to place or maintain, or priority for |
257 | the placement or maintenance of, a communications facility in |
258 | roads or rights-of-way of a municipality or county. Each |
259 | municipality and county retains the authority to regulate and |
260 | manage municipal and county roads or rights-of-way in exercising |
261 | its police power. Any rules or regulations adopted by a |
262 | municipality or county which govern the occupation of its roads |
263 | or rights-of-way by providers of communications services must be |
264 | related to the placement or maintenance of facilities in such |
265 | roads or rights-of-way, must be reasonable and |
266 | nondiscriminatory, and may include only those matters necessary |
267 | to manage the roads or rights-of-way of the municipality or |
268 | county. |
269 | (e) The authority of municipalities and counties to |
270 | require franchise fees from providers of communications |
271 | services, with respect to the provision of communications |
272 | services, is specifically preempted by the state, except as |
273 | otherwise provided in subparagraph (a)2., because of unique |
274 | circumstances applicable to providers of communications services |
275 | when compared to other utilities occupying municipal or county |
276 | roads or rights-of-way. Providers of communications services may |
277 | provide similar services in a manner that requires the placement |
278 | of facilities in municipal or county roads or rights-of-way or |
279 | in a manner that does not require the placement of facilities in |
280 | such roads or rights-of-way. Although similar communications |
281 | services may be provided by different means, the state desires |
282 | to treat providers of communications services in a |
283 | nondiscriminatory manner and to have the taxes, franchise fees, |
284 | and other fees paid by providers of communications services be |
285 | competitively neutral. Municipalities and counties retain all |
286 | existing authority, if any, to collect franchise fees from users |
287 | or occupants of municipal or county roads or rights-of-way other |
288 | than providers of communications services, and the provisions of |
289 | this subsection shall have no effect upon this authority. The |
290 | provisions of this subsection do not restrict the authority, if |
291 | any, of municipalities or counties or other governmental |
292 | entities to receive reasonable rental fees based on fair market |
293 | value for the use of public lands and buildings on property |
294 | outside the public roads or rights-of-way for the placement of |
295 | communications antennas and towers. |
296 | (f) Except as expressly allowed or authorized by general |
297 | law and except for the rights-of-way permit fees subject to |
298 | paragraph (c), a municipality or county may not levy on a |
299 | provider of communications services a tax, fee, or other charge |
300 | or imposition for operating as a provider of communications |
301 | services within the jurisdiction of the municipality or county |
302 | which is in any way related to using its roads or rights-of-way. |
303 | A municipality or county may not require or solicit in-kind |
304 | compensation, except as otherwise provided in s. 202.24(2)(c)8. |
305 | or s. 610.109 subparagraph (a)2. Nothing in this paragraph shall |
306 | impair any ordinance or agreement in effect on May 22, 1998, or |
307 | any voluntary agreement entered into subsequent to that date, |
308 | which provides for or allows in-kind compensation by a |
309 | telecommunications company. |
310 | Section 6. Section 337.4061, Florida Statutes, is amended |
311 | to read: |
312 | 337.4061 Definitions; unlawful use of state-maintained |
313 | road right-of-way by nonfranchised cable and video television |
314 | services.-- |
315 | (1) As used in this section, the term: |
316 | (a) "Cable service" means: |
317 | 1. The one-way transmission to subscribers of video |
318 | programming or any other programming service; and |
319 | 2. Subscriber interaction, if any, which is required for |
320 | the selection or use of such video programming or other |
321 | programming service. |
322 | (b) "Cable system" means a facility, consisting of a set |
323 | of closed transmission paths and associated signal generation, |
324 | reception, and control equipment that is designed to provide |
325 | cable service which includes video programming and which is |
326 | provided to multiple subscribers within a community, but such |
327 | term does not include: |
328 | 1. A facility that serves only to retransmit the |
329 | television signals of one or more television broadcast stations; |
330 | 2. A facility that serves only subscribers in one or more |
331 | multiple-unit dwellings under common ownership, control, or |
332 | management, unless such facility or facilities use any public |
333 | right-of-way; |
334 | 3. A facility that serves subscribers without using any |
335 | public right-of-way. |
336 | 4.3. A facility of a common carrier that is subject, in |
337 | whole or in part, to the provisions of Title II of the federal |
338 | Communications Act of 1934, except that such facility shall be |
339 | considered a cable system other than for purposes of 47 U.S.C. |
340 | Section 541(c) to the extent such facility is used in the |
341 | transmission of video programming directly to subscribers, |
342 | unless the extent of such use is solely to provide interactive |
343 | on-demand services; or |
344 | 5.4. Any facilities of any electric utility used solely |
345 | for operating its electric utility systems; or. |
346 | 6. An open video system that complies with 47 U.S.C. |
347 | Section 573. |
348 | (c) "Franchise" means an initial authorization or renewal |
349 | thereof issued by a franchising authority, whether such |
350 | authorization is designated as a franchise, permit, license, |
351 | resolution, contract, certificate, agreement, or otherwise, |
352 | which authorizes the construction or operation of a cable system |
353 | or video service provider network facilities. |
354 | (d) "Franchising authority" means any governmental entity |
355 | empowered by federal, state, or local law to grant a franchise. |
356 | (e) "Person" means an individual, partnership, |
357 | association, joint stock company, trust, corporation, or |
358 | governmental entity. |
359 | (f) "Video programming" means programming provided by or |
360 | generally considered comparable to programming provided by a |
361 | television broadcast station or cable system. |
362 | (g) "Video service" has the same meaning as that provided |
363 | in s. 610.103. |
364 | (2) It is unlawful to use the right-of-way of any state- |
365 | maintained road, including appendages thereto, and also |
366 | including, but not limited to, rest areas, wayside parks, boat- |
367 | launching ramps, weigh stations, and scenic easements, to |
368 | provide for cable or video service over facilities purposes |
369 | within a geographic area subject to a valid existing franchise |
370 | for cable or video service, unless the cable or video service |
371 | provider system using such right-of-way holds a franchise from a |
372 | franchise authority the municipality or county for the area in |
373 | which the right-of-way is located. |
374 | (3) A violation of this section shall be deemed a |
375 | violation of s. 337.406. |
376 | Section 7. Sections 610.102, 610.103, 610.104, 610.105, |
377 | 610.106, 610.107, 610.108, 610.109, 610.112, 610.113, 610.114, |
378 | 610.115, 610.116, 610.117, 610.118, 610.119, and 610.120, |
379 | Florida Statutes, are created to read: |
380 | 610.102 Department of State authority to issue statewide |
381 | cable and video franchise.--The department shall be designated |
382 | as the franchising authority for a state-issued franchise for |
383 | the provision of cable or video service. A municipality or |
384 | county may not grant a new franchise for the provision of cable |
385 | or video service within its jurisdiction. |
386 | 610.103 Definitions.--As used in ss. 610.102-610.117: |
387 | (1) "Cable service" means: |
388 | (a) The one-way transmission to subscribers of video |
389 | programming or any other programming service. |
390 | (b) Subscriber interaction, if any, that is required for |
391 | the selection or use of such video programming or other |
392 | programming service. |
393 | (2) "Cable service provider" means a person that provides |
394 | cable service over a cable system. |
395 | (3) "Cable system" means a facility consisting of a set of |
396 | closed transmission paths and associated signal generation, |
397 | reception, and control equipment that is designed to provide |
398 | cable service that includes video programming and that is |
399 | provided to multiple subscribers within a community, but such |
400 | term does not include: |
401 | (a) A facility that serves only to retransmit the |
402 | television signals of one or more television broadcast stations; |
403 | (b) A facility that serves only subscribers in one or more |
404 | multiple-unit dwellings under common ownership, control, or |
405 | management, unless such facility or facilities use any public |
406 | right-of-way; |
407 | (c) A facility that serves subscribers without using any |
408 | public right-of-way; |
409 | (d) A facility of a common carrier that is subject, in |
410 | whole or in part, to the provisions of Title II of the federal |
411 | Communications Act of 1934 except that such facility shall be |
412 | considered a cable system other than for purposes of 47 U.S.C. |
413 | Section 541(c) to the extent such facility is used in the |
414 | transmission of video programming directly to subscribers, |
415 | unless the extent of such use is solely to provide interactive |
416 | on-demand services; |
417 | (e) Any facilities of any electric utility used solely for |
418 | operating its electric utility systems; or |
419 | (f) An open video system that complies with 47 U.S.C. |
420 | Section 573. |
421 | (4) "Certificateholder" means a cable or video service |
422 | provider that has been issued and holds a certificate of |
423 | franchise authority from the department. |
424 | (5) "Department" means the Department of State. |
425 | (6) "Franchise" means an initial authorization or renewal |
426 | of an authorization, regardless of whether the authorization is |
427 | designated as a franchise, permit, license, resolution, |
428 | contract, certificate, agreement, or otherwise, to construct and |
429 | operate a cable system or video service provider network |
430 | facilities in the public right-of-way. |
431 | (7) "Franchise authority" means any governmental entity |
432 | empowered by federal, state, or local law to grant a franchise. |
433 | (8) "Incumbent cable service provider" means a cable or |
434 | video service provider providing cable or video service on July |
435 | 1, 2007. |
436 | (9) "Public right-of-way" means the area on, below, or |
437 | above a public roadway, highway, street, sidewalk, alley, or |
438 | waterway, including, without limitation, a municipal, county, |
439 | state, district, or other public roadway, highway, street, |
440 | sidewalk, alley, or waterway. |
441 | (10) "Video programming" means programming provided by, or |
442 | generally considered comparable to programming provided by, a |
443 | television broadcast station as set forth in 47 U.S.C. s. |
444 | 522(20). |
445 | (11) "Video service" means video programming services, |
446 | including cable services, provided through wireline facilities |
447 | located at least in part in the public rights-of-way without |
448 | regard to delivery technology, including Internet protocol |
449 | technology. This definition does not include any video |
450 | programming provided by a commercial mobile service provider as |
451 | defined in 47 U.S.C. s. 332(d), video programming provided as |
452 | part of, and via a service that enables end users to access |
453 | content, information, electronic mail, or other services offered |
454 | over the public Internet. |
455 | (12) "Video service provider" means an entity providing |
456 | video service. |
457 | 610.104 State authorization to provide cable or video |
458 | service.-- |
459 | (1) An entity or person seeking to provide cable or video |
460 | service in this state after July 1, 2007, shall file an |
461 | application for a state-issued certificate of franchise |
462 | authority with the department as required by this section. |
463 | (2) An applicant for a state-issued certificate of |
464 | franchise authority to provide cable or video service shall |
465 | submit to the Department of State an application that contains: |
466 | (a) The official name of the cable or video service |
467 | provider. |
468 | (b) The street address of the principal place of business |
469 | of the cable or video service provider. |
470 | (c) The federal employer identification number or the |
471 | Department of State's document number. |
472 | (d) The name, address, and telephone number of an officer, |
473 | partner, owner, member, or manager as a contact person for the |
474 | cable or video service provider to whom questions or concerns |
475 | may be addressed. |
476 | (e) A duly executed affidavit signed by an officer, |
477 | partner, owner, or managing member affirming and containing: |
478 | 1. That the applicant is fully qualified under the |
479 | provisions of this chapter to file an application and affidavit |
480 | for a certificate of franchise authority. |
481 | 2. That the applicant has filed or will timely file with |
482 | the Federal Communications Commission all forms required by that |
483 | agency in advance of offering cable or video service in this |
484 | state. |
485 | 3. That the applicant agrees to comply with all applicable |
486 | federal and state laws and regulations, to the extent such state |
487 | laws and rules are not in conflict with or superseded by the |
488 | provisions of this chapter or other applicable state law. |
489 | 4. That the applicant agrees to comply with all state laws |
490 | and rules and municipal and county ordinances and regulations |
491 | regarding the placement and maintenance of communications |
492 | facilities in the public rights-of-way that are generally |
493 | applicable to providers of communications services in accordance |
494 | with s. 337.401. |
495 | 5. A description of the service area for which the |
496 | applicant seeks a certificate of franchise authority provided on |
497 | a municipal or countywide basis. The description may be provided |
498 | in a manner that does not disclose competitively sensitive |
499 | information. Notwithstanding the foregoing: |
500 | a. For incumbent cable or video service providers that |
501 | have existing local franchise agreements, the service area shall |
502 | be coextensive with the provider's service area description in |
503 | the existing local franchise. |
504 | b. For applicants using telecommunications facilities to |
505 | provide video services, the service area shall be described in |
506 | terms of entire wire centers that may or may not be consistent |
507 | with municipal or county boundaries except any portion of a |
508 | specific wire center which will remain subject to an existing |
509 | cable or video franchise agreement until the earlier of the |
510 | agreement's expiration or termination. |
511 | 6. The location of the applicant's principal place of |
512 | business, the names of the applicant's principal executive |
513 | officers, and a physical address sufficient for the purposes of |
514 | chapter 48. |
515 | 7. That the applicant will file with the department a |
516 | notice of commencement of service within 5 business days after |
517 | first providing service in each area described in subparagraph |
518 | 5. |
519 | 8. A statement affirming that the applicant will notify |
520 | the department of any change of address or contact person. |
521 | 9. The applicant's system shall comply with the Federal |
522 | Communications Commission's rules and regulations of the |
523 | Emergency Alert System. |
524 | (3) Before the 10th business day after the department |
525 | receives the application, the department shall notify the |
526 | applicant whether the application and affidavit described in |
527 | subsection (2) are complete. If the department rejects the |
528 | application and affidavit, the department shall specify with |
529 | particularity the reasons for the rejection and permit the |
530 | applicant to amend the application or affidavit to cure any |
531 | deficiency. The department shall act upon the amended |
532 | application or affidavit within 10 business days after the |
533 | department's receipt of the amended application or affidavit. |
534 | (4) The department shall issue a certificate of franchise |
535 | authority to the applicant before the 15th business day after |
536 | receipt of an accepted application. The certificate of franchise |
537 | authority issued by the department shall contain: |
538 | (a) The name of the certificateholder and its |
539 | identification number. |
540 | (b) A grant of authority to provide cable or video service |
541 | as requested in the application. |
542 | (c) A grant of authority to construct, maintain, and |
543 | operate facilities through, upon, over, and under any public |
544 | right-of-way or waters, subject to the applicable governmental |
545 | permitting or authorization from the Board of Trustees of the |
546 | Internal Improvement Trust Fund. |
547 | (d) A statement that the grant of authority is subject to |
548 | lawful operation of the cable or video service by the applicant |
549 | or its successor in interest. |
550 | (e) A statement that describes the service area for which |
551 | this certificate of authority applies. |
552 | (f) A statement that includes the issuance date that shall |
553 | be the effective date of the commencement of this authority. |
554 | (5) If the department fails to act on the accepted |
555 | application within 30 business days after receiving the accepted |
556 | application, the application shall be deemed approved by the |
557 | department without further action. |
558 | (6) A certificateholder that seeks to include additional |
559 | service areas in its current certificate shall file an amendment |
560 | to the certificate with the department. Such amendment shall |
561 | specify the name and address of the certificateholder, the new |
562 | service area or areas to be served, consistent with subparagraph |
563 | (2)(e)5., but need not be coextensive with municipal or county |
564 | boundaries, and the effective date of commencement of operations |
565 | in the new service area or areas. Such amendment shall be filed |
566 | with the department within 5 business days after first providing |
567 | service in each such additional area. |
568 | (7) The certificate of franchise authority issued by the |
569 | department is fully transferable to any successor in interest to |
570 | the applicant to which the certificate is initially granted. A |
571 | notice of transfer shall be filed with the department and the |
572 | relevant municipality or county within 14 business days |
573 | following the completion of such transfer. |
574 | (8) The certificate of franchise authority issued by the |
575 | department may be terminated by the cable or video service |
576 | provider by submitting notice to the department. |
577 | (9) An applicant may challenge a rejection of an |
578 | application by the department in a court of competent |
579 | jurisdiction through a petition for mandamus. |
580 | (10) In executing the provisions of this section, the |
581 | department shall function in a ministerial capacity accepting |
582 | information contained in the application and affidavit at face |
583 | value. The applicant shall ensure continued compliance with all |
584 | applicable business formation, registration, and taxation |
585 | provisions of law. |
586 | (11) The application shall be accompanied by a one-time |
587 | fee of $10,000. A parent company may file a single application |
588 | covering itself and all of its subsidiaries and affiliates |
589 | intending to provide cable or video service in the service areas |
590 | throughout the state as described in paragraph (3)(d), but the |
591 | entity actually providing such service in a given area shall |
592 | otherwise be considered the certificateholder under this act. |
593 | (12) Beginning 5 years after approval of the |
594 | certificateholder's initial certificate of franchise issued by |
595 | the department, and every 5 years thereafter, the |
596 | certificateholder shall update the information contained in the |
597 | original application for a certificate of franchise. At the time |
598 | of filing the information update, the certificateholder shall |
599 | pay a processing fee of $1,000. Any certificateholder that fails |
600 | to file the updated information and pay the processing fee on |
601 | the 5-year anniversary dates shall be subject to cancellation of |
602 | its state-issued certificate of franchise authority if, upon |
603 | notice given to the certificateholder at its last address on |
604 | file with the department, the certificateholder fails to file |
605 | the updated information and pay the processing fee within 30 |
606 | days after the date notice was mailed. The application and |
607 | processing fees imposed in this section shall be paid to the |
608 | Department of State for deposit into the Operating Trust Fund |
609 | for immediate transfer by the Chief Financial Officer to the |
610 | General Inspection Trust Fund of the Department of Agriculture |
611 | and Consumer Services. The Department of Agriculture and |
612 | Consumer Services shall maintain a separate account within the |
613 | General Inspection Trust Fund to distinguish cable franchise |
614 | revenues from all other funds. The application, any amendments |
615 | to the certificate, or information updates must be accompanied |
616 | by a fee to the Department of State equal to that for filing |
617 | articles of incorporation pursuant to s. 607.0122(1). |
618 | 610.105 Eligibility for state-issued franchise.-- |
619 | (1) After July 1, 2007, an incumbent cable or video |
620 | service provider is immediately eligible at its option to apply |
621 | for a state-issued certificate of franchise authority under this |
622 | chapter and shall file a written notice with the applicable |
623 | municipality or county in which the provider provides cable or |
624 | video service simultaneously with any filing with the department |
625 | under this chapter. The applicable municipal or county franchise |
626 | is terminated under this section on the date the department |
627 | issues the state-issued certificate of franchise authority. |
628 | (2) If an incumbent cable or video service provider has |
629 | been granted a state-issued certificate of franchise authority |
630 | that covers all or a portion of a municipality or county, any |
631 | obligation under any existing municipal or county franchise that |
632 | exceeds the obligations imposed on the certificateholder in the |
633 | area covered by the certificate shall be against public policy |
634 | and void. |
635 | 610.106 Franchise fees prohibited.--Except as otherwise |
636 | provided in this chapter, the department may not impose any |
637 | taxes, fees, charges, or other impositions on a cable or video |
638 | service provider as a condition for the issuance of a state- |
639 | issued certificate of franchise authority. No municipality or |
640 | county may impose any taxes, fees, charges, or other exactions |
641 | on certificateholders in connection with use of public right-of- |
642 | way as a condition of a certificateholder doing business in the |
643 | municipality or county, or otherwise, except such taxes, fees, |
644 | charges, or other exactions permitted by chapter 202, s. |
645 | 337.401(6), or s. 610.117. |
646 | 610.107 Buildout.--No franchising authority, state agency, |
647 | or political subdivision may impose any buildout, system |
648 | construction, or service deployment requirements on a |
649 | certificateholder. |
650 | 610.108 Customer service standards.-- |
651 | (1) All cable or video service providers shall comply with |
652 | customer service requirements in 47 C.F.R. s. 76.309(c). |
653 | (2) Any municipality or county that, as of January 1, |
654 | 2007, has an office or department dedicated to responding to |
655 | cable or video service customer complaints may continue to |
656 | respond to such complaints until July 1, 2009. Beginning July 1, |
657 | 2009, the Department of Agriculture and Consumer Services shall |
658 | have the sole authority to respond to all cable or video service |
659 | customer complaints. This provision does not permit the |
660 | municipality, county, or department to impose customer service |
661 | standards inconsistent with the requirements in 47 C.F.R. s. |
662 | 76.309(c). |
663 | (3) The Department of Agriculture and Consumer Services |
664 | shall receive service quality complaints from customers of a |
665 | cable or video service provider and shall address such |
666 | complaints in an expeditious manner by assisting in the |
667 | resolution of such complaint between the complainant and the |
668 | cable or video service provider. The Department of Agriculture |
669 | and Consumer Services may adopt any procedural rules pursuant to |
670 | ss. 120.536(1) and 120.54 necessary to administer this section, |
671 | but shall not have any authority to impose any customer service |
672 | requirements inconsistent with those contained in 47 C.F.R. s. |
673 | 76.309(c). |
674 | 610.109 Public, educational, and governmental access |
675 | channels.-- |
676 | (1) A certificateholder, not later than 180 days following |
677 | a request by a municipality or county within whose jurisdiction |
678 | the certificateholder is providing cable or video service, shall |
679 | designate a sufficient amount of capacity on its network to |
680 | allow the provision of public, educational, and governmental |
681 | access channels for noncommercial programming as set forth in |
682 | this section. |
683 | (2) A certificateholder shall designate a sufficient |
684 | amount of capacity on its network to allow the provision of the |
685 | same number of public, educational, and governmental access |
686 | channels or their functional equivalent that a municipality or |
687 | county has activated under the incumbent cable or video service |
688 | provider's franchise agreement as of July 1, 2007. For the |
689 | purposes of this section, a public, educational, or governmental |
690 | channel is deemed activated if the channel is being used for |
691 | public, educational, or governmental programming within the |
692 | municipality or county. The municipality or county may request |
693 | additional channels or their functional equivalent permitted |
694 | under the incumbent cable or video service provider's franchise |
695 | agreement as of July 1, 2007. Upon the expiration of the |
696 | incumbent cable or video service provider's franchise agreement |
697 | or within 6 months after a request of a municipality or county |
698 | for an additional channel or its functional equivalent, a public |
699 | access channel or capacity equivalent may be furnished after a |
700 | polling of all subscribers of the cable or video service in |
701 | their service area. The usage of one public access channel or |
702 | capacity equivalent shall be determined by a majority of all the |
703 | provider's subscribers in the jurisdiction. The video or cable |
704 | service subscribers must be provided with clear, plain language |
705 | informing them that public access is unfiltered programming and |
706 | may contain adult content. |
707 | (3) If a municipality or county did not have public, |
708 | educational, or governmental access channels activated under the |
709 | incumbent cable or video service provider's franchise agreement |
710 | as of July 1, 2007, after the expiration date of the incumbent |
711 | cable or video service provider's franchise agreement and within |
712 | 6 months after a request by the municipality or county within |
713 | whose jurisdiction a certificateholder is providing cable or |
714 | video service, the certificateholder shall furnish up to two |
715 | public, educational, or governmental channels or their |
716 | functional equivalent. The usage of the channels or their |
717 | functional equivalent shall be determined by a majority of all |
718 | the video service provider's subscribers in the jurisdiction in |
719 | order of preference of all video service subscribers. Cable or |
720 | video service subscribers must be provided with clear, plain |
721 | language informing them that public access is unfiltered |
722 | programming and contains adult content. |
723 | (4) If a municipality or county has not used the number of |
724 | access channels or their functional equivalent permitted by |
725 | subsection (3), access to the additional channels or their |
726 | functional equivalent allowed in subsection (3) shall be |
727 | provided upon 6 months' written notice. |
728 | (5) A public, educational, or governmental access channel |
729 | authorized by this section is deemed activated and substantially |
730 | used if the channel is being used for public, educational, or |
731 | governmental access programming within the municipality or |
732 | county for at least 10 hours per day on average, of which at |
733 | least 5 hours must be nonrepeat programming and as measured on a |
734 | quarterly basis. Static information screens or bulletin-board |
735 | programming shall not count toward this 10-hour requirement. If |
736 | the applicable access channel does not meet this utilization |
737 | criterion, the video service provider shall notify the |
738 | applicable access provider in writing of this failure. If the |
739 | access provider fails to meet this utilization criterion in the |
740 | subsequent quarter, the cable or video service provider may |
741 | reprogram the channel at its discretion. The cable or video |
742 | service provider shall work in good faith with the access |
743 | provider to attempt to provide future carriage of the applicable |
744 | access channel within the limits of this section if the access |
745 | provider can make reasonable assurances that its future |
746 | programming will meet the utilization criteria set out in this |
747 | subsection. |
748 | (6) A cable or video service provider may locate any |
749 | public, educational, or governmental access channel on its |
750 | lowest digital tier of service offered to the provider's |
751 | subscribers. A cable or video service provider must notify its |
752 | customers and the applicable municipality or county at least 120 |
753 | days prior to relocating the applicable educational or |
754 | governmental access channel. |
755 | (7) The operation of any public, educational, or |
756 | governmental access channel or its functional equivalent |
757 | provided under this section shall be the responsibility of the |
758 | municipality or county receiving the benefit of such channel or |
759 | its functional equivalent, and a certificateholder bears only |
760 | the responsibility for the transmission of such channel content. |
761 | A certificateholder shall be responsible for the cost of |
762 | providing the connectivity to one origination point for each |
763 | public, educational, or governmental access channel up to 200 |
764 | feet from the certificateholder's activated video service |
765 | distribution plant. |
766 | (8) The municipality or county shall ensure that all |
767 | transmissions, content, or programming to be transmitted over a |
768 | channel or facility by a certificateholder are provided or |
769 | submitted to the cable or video service provider in a manner or |
770 | form that is capable of being accepted and transmitted by a |
771 | provider without any requirement for additional alteration or |
772 | change in the content by the provider, over the particular |
773 | network of the cable or video service provider, which is |
774 | compatible with the technology or protocol used by the cable or |
775 | video service provider to deliver services. To the extent that a |
776 | public, educational, or governmental channel content provider |
777 | has authority, the delivery of public, educational, or |
778 | governmental content to a certificateholder constitutes |
779 | authorization for the certificateholder to carry such content, |
780 | including, at the provider's option, authorization to carry the |
781 | content beyond the jurisdictional boundaries of the municipality |
782 | or county. |
783 | (9) Where technically feasible, a certificateholder and an |
784 | incumbent cable service provider shall use reasonable efforts to |
785 | interconnect their networks for the purpose of providing public, |
786 | educational, and governmental programming. Interconnection may |
787 | be accomplished by direct cable, microwave link, satellite, or |
788 | other reasonable method of connection. Certificateholders and |
789 | incumbent cable service providers shall negotiate in good faith |
790 | and incumbent cable service providers may not withhold |
791 | interconnection of public, educational, and governmental |
792 | channels. The requesting party shall bear the cost of such |
793 | interconnection. |
794 | (10) 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. This |
802 | subsection does not apply to the logo, name, or other |
803 | identifying marks of the public, educational, or governmental |
804 | programmer or producer. |
805 | (11) A municipality or county that has activated at least |
806 | one public, educational, or governmental access channel pursuant |
807 | to this section may require cable or video service providers to |
808 | remit public, educational, and governmental support |
809 | contributions in an amount equal to a lump-sum or recurring per- |
810 | subscriber funding obligation to support public, educational, |
811 | and governmental access channels, or other related costs as |
812 | provided for in the incumbent's franchise that exists prior to |
813 | July 1, 2007, until the expiration date of the incumbent cable |
814 | or video service provider's franchise agreement. Any prospective |
815 | lump-sum payment shall be made on an equivalent per-subscriber |
816 | basis calculated as follows: the amount of prospective funding |
817 | obligations divided by the number of subscribers being served by |
818 | the incumbent cable or video service provider at the time of |
819 | payment, divided by the number of months remaining in the |
820 | incumbent cable or video service provider's franchise equals the |
821 | monthly per-subscriber amount to be paid by the |
822 | certificateholder. The obligations set forth in this subsection |
823 | apply until the earlier of the expiration date of the incumbent |
824 | cable or video service provider's franchise agreement or July 1, |
825 | 2012. For purposes of this subsection, an incumbent cable or |
826 | video service provider is the service provider serving the |
827 | largest number of subscribers as of July 1, 2007. |
828 | (12) A court of competent jurisdiction shall have |
829 | exclusive jurisdiction to enforce any requirement under this |
830 | section. |
831 | 610.112 Cable or video services for public facilities.-- |
832 | Upon a request by a municipality or county, a certificateholder |
833 | shall provide, within 90 days after receipt of the request, one |
834 | active basic cable or video service outlet to K-12 public |
835 | schools, public libraries, or local government administrative |
836 | buildings, to the extent such buildings are located within 200 |
837 | feet of the certificateholder's activated video distribution |
838 | plant. At the request of the municipality or county, the |
839 | certificateholder shall extend its distribution plant to serve |
840 | such buildings located more than 200 feet from the |
841 | certificateholder's activated video distribution plant. In such |
842 | circumstances, the governmental entity owning or occupying the |
843 | building is responsible for the time and material costs incurred |
844 | in extending the certificateholder's activated video |
845 | distribution plant to within 200 feet adjacent to the building. |
846 | The cable or video services provided under this section shall |
847 | not be available in an area viewed by the general public and may |
848 | not be used for any commercial purpose. |
849 | 610.113 Nondiscrimination by municipality or county.-- |
850 | (1) A municipality or county shall allow a |
851 | certificateholder to install, construct, and maintain a network |
852 | within a public right-of-way and shall provide a |
853 | certificateholder with comparable, nondiscriminatory, and |
854 | competitively neutral access to the public right-of-way in |
855 | accordance with the provisions of s. 337.401. All use of a |
856 | public right-of-way by a certificateholder is nonexclusive. |
857 | (2) A municipality or county may not discriminate against |
858 | a certificateholder regarding: |
859 | (a) The authorization or placement of a network in a |
860 | public right-of-way; |
861 | (b) Access to a building or other property; or |
862 | (c) Utility pole attachment terms and conditions. |
863 | 610.114 Limitation on local authority.-- |
864 | (1) A municipality or county may not impose additional |
865 | requirements on a certificateholder, including, but not limited |
866 | to, financial, operational, and administrative requirements, |
867 | except as expressly permitted by this chapter. A municipality or |
868 | county may not impose on activities of a certificateholder a |
869 | requirement: |
870 | (a) That particular business offices be located in the |
871 | municipality or county; |
872 | (b) Regarding the filing of reports and documents with the |
873 | municipality or county that are not required by state or federal |
874 | law and that are not related to the use of the public right-of- |
875 | way. Reports and documents other than schematics indicating the |
876 | location of facilities for a specific site that are provided in |
877 | the normal course of the municipality's or county's permitting |
878 | process, that are authorized by s. 337.401 for communications |
879 | services providers, or that are otherwise required in the normal |
880 | course of such permitting process shall not be considered |
881 | related to the use of the public right-of-way for communications |
882 | service providers. A municipality or county may not request |
883 | information concerning the capacity or technical configuration |
884 | of a certificateholder's facilities; |
885 | (c) For the inspection of a certificateholder's business |
886 | records; or |
887 | (d) For the approval of transfers of ownership or control |
888 | of a certificateholder's business, except that a municipality or |
889 | county may require a certificateholder to provide notice of a |
890 | transfer within a reasonable time. |
891 | (2) Notwithstanding any other provision of law, a |
892 | municipality or county may require the issuance of a permit in |
893 | accordance with and subject to s. 337.401 to a certificateholder |
894 | that is placing and maintaining facilities in or on a public |
895 | right-of-way in the municipality or county. In accordance with |
896 | s. 337.402, the permit may require the permitholder to be |
897 | responsible, at the permitholder's expense, for any damage |
898 | resulting from the issuance of such permit and for restoring the |
899 | public right-of-way to its original condition before |
900 | installation of such facilities. The terms of the permit shall |
901 | be consistent with construction permits issued to other |
902 | providers of communications services placing or maintaining |
903 | communications facilities in a public right-of-way. |
904 | 610.115 Discrimination prohibited.-- |
905 | (1) The purpose of this section is to prevent |
906 | discrimination among potential residential subscribers. |
907 | (2) A cable or video service provider may not deny access |
908 | to service to any individual or group of potential residential |
909 | subscribers because of the race or income of the residents in |
910 | the local area in which the individual or group resides. |
911 | Enforcement of this section shall be in accordance with s. |
912 | 501.2079. |
913 | 610.116 Compliance.--If a certificateholder is found by a |
914 | court of competent jurisdiction not to be in compliance with the |
915 | requirements of this chapter, the certificateholder shall have a |
916 | reasonable period of time, as specified by the court, to cure |
917 | such noncompliance. |
918 | 610.117 Limitation.--Nothing in this chapter shall be |
919 | construed to give any local government or the department any |
920 | authority over any communications service other than cable or |
921 | video services whether offered on a common carrier or private |
922 | contract basis. |
923 | 610.118 Impairment; court-ordered operations.-- |
924 | (1) If an incumbent cable or video service provider is |
925 | required to operate under its existing franchise and is legally |
926 | prevented by a lawfully issued order of a court of competent |
927 | jurisdiction from exercising its right to terminate its existing |
928 | franchise pursuant to the terms of s. 610.105, any |
929 | certificateholder providing cable service or video service in |
930 | whole or in part within the service area that is the subject of |
931 | the incumbent cable or video service provider's franchise shall, |
932 | for as long as the court order remains in effect, comply with |
933 | the following franchise terms and conditions as applicable to |
934 | the incumbent cable or video service provider in the service |
935 | area: |
936 | (a) The certificateholder shall pay to the municipality or |
937 | county: |
938 | 1. Any prospective lump-sum or recurring per-subscriber |
939 | funding obligations to support public, educational, and |
940 | governmental access channels or other prospective franchise- |
941 | required monetary grants related to public, educational, or |
942 | governmental access facilities equipment and capital costs. |
943 | Prospective lump-sum payments shall be made on an equivalent |
944 | per-subscriber basis calculated as follows: the amount of the |
945 | prospective funding obligations divided by the number of |
946 | subscribers being served by the incumbent cable service provider |
947 | at the time of payment, divided by the number of months |
948 | remaining in the incumbent cable or video service provider's |
949 | franchise equals the monthly per subscriber amount to be paid by |
950 | the certificateholder until the expiration or termination of the |
951 | incumbent cable or video service provider's franchise; and |
952 | 2. If the incumbent cable or video service provider is |
953 | required to make payments for the funding of an institutional |
954 | network, the certificateholder shall pay an amount equal to the |
955 | incumbent's funding obligations but not to exceed 1 percent of |
956 | the sales price, as defined in s. 202.11(13), for the taxable |
957 | monthly retail sales of cable or video programming services the |
958 | certificateholder received from subscribers in the affected |
959 | municipality or county. All definitions and exemptions under |
960 | chapter 202 apply in the determination of taxable monthly retail |
961 | sales of cable or video programming services. |
962 | (b) Payments are not due under this subsection until 45 |
963 | days after the municipality or county notifies the respective |
964 | providers. |
965 | (c) Any certificateholder may designate that portion of |
966 | that subscriber's bill attributable to any fee imposed pursuant |
967 | to this section as a separate item on the bill and recover such |
968 | amount from the subscriber. |
969 | (2) The provisions of subsection (1) do not alter the |
970 | rights of a cable service or video service provider with respect |
971 | to service areas designated pursuant to s. 610.104(2)(e)5. Any |
972 | certificateholder providing cable service or video service in a |
973 | service area covered by the terms of an existing cable or video |
974 | service provider's franchise that is subject to a court or other |
975 | proceeding challenging the ability of an incumbent cable or |
976 | video service provider to exercise its legal right to terminate |
977 | its existing cable franchise pursuant to s. 610.105 has the |
978 | right to intervene in such proceeding. |
979 | 610.119 Reports to the Legislature.-- |
980 | (1) The Office of Program Policy Analysis and Government |
981 | Accountability shall submit to the President of the Senate, the |
982 | Speaker of the House of Representatives, and the majority and |
983 | minority leaders of the Senate and House of Representatives, by |
984 | December 1, 2009, and December 1, 2014, a report on the status |
985 | of competition in the cable and video service industry, |
986 | including, by each municipality and county, the number of cable |
987 | and video service providers, the number of cable and video |
988 | subscribers served, the number of areas served by fewer than two |
989 | cable or video service providers, the trend in cable and video |
990 | service prices, and the identification of any patterns of |
991 | service as they impact demographic and income groups. |
992 | (2) By January 15, 2008, the Department of Agriculture and |
993 | Consumer Services shall make recommendations to the President of |
994 | the Senate, the Speaker of the House of Representatives, and the |
995 | majority and minority leaders of the Senate and House of |
996 | Representatives regarding the workload and staffing requirements |
997 | associated with consumer complaints related to video and cable |
998 | certificateholders. The Department of State shall provide to the |
999 | Department of Agriculture and Consumer Services, for inclusion |
1000 | in the report, the workload requirements for processing the |
1001 | certificates of franchise authority. In addition, the Department |
1002 | of State shall provide the number of applications filed for |
1003 | cable and video certificates of franchise authority and the |
1004 | number of amendments received to original applications for |
1005 | franchise certificate authority. |
1006 | 610.120 Severability.--If any provision of ss. 610.102- |
1007 | 610.119 or the application thereof to any person or circumstance |
1008 | is held invalid, such invalidity shall not affect other |
1009 | provisions or application of ss. 610.102-610.119 which can be |
1010 | given effect without the invalid provision or application, and |
1011 | to this end the provisions of ss. 610.102-610.119 are severable. |
1012 | Section 8. Paragraph (a) of subsection (3) of section |
1013 | 350.81, Florida Statutes, is amended to read: |
1014 | 350.81 Communications services offered by governmental |
1015 | entities.-- |
1016 | (3)(a) A governmental entity that provides a cable or |
1017 | video service shall comply with the Cable Communications Policy |
1018 | Act of 1984, 47 U.S.C. ss. 521 et seq., the regulations issued |
1019 | by the Federal Communications Commission under the Cable |
1020 | Communications Policy Act of 1984, 47 U.S.C. ss. 521 et seq., |
1021 | and all applicable state and federal rules and regulations, |
1022 | including, but not limited to, s. 166.046 and those provisions |
1023 | of chapters 202, 212, and 337, and 610 that which apply to a |
1024 | provider of the services. |
1025 | Section 9. Section 364.0361, Florida Statutes, is amended |
1026 | to read: |
1027 | 364.0361 Local government authority; nondiscriminatory |
1028 | exercise.--A local government shall treat each |
1029 | telecommunications company in a nondiscriminatory manner when |
1030 | exercising its authority to grant franchises to a |
1031 | telecommunications company or to otherwise establish conditions |
1032 | or compensation for the use of rights-of-way or other public |
1033 | property by a telecommunications company. A local government may |
1034 | not directly or indirectly regulate the terms and conditions, |
1035 | including, but not limited to, the operating systems, |
1036 | qualifications, services, service quality, service territory, |
1037 | and prices, applicable to or in connection with the provision of |
1038 | any voice-over-Internet protocol, regardless of the platform, |
1039 | provider, or protocol, broadband or information service. This |
1040 | section does not relieve a provider from any obligations under |
1041 | s. 166.046 or s. 337.401. |
1042 | Section 10. Subsections (6), (7), and (8) of section |
1043 | 364.051, Florida Statutes, are amended to read: |
1044 | 364.051 Price regulation.-- |
1045 | (6) After a local exchange telecommunications company that |
1046 | has more than 1 million access lines in service has reduced its |
1047 | intrastate switched network access rates to parity, as defined |
1048 | in s. 364.164(5), the local exchange telecommunications |
1049 | company's retail service quality requirements that are not |
1050 | already equal to the service quality requirements imposed upon |
1051 | the competitive local exchange telecommunications companies |
1052 | shall at the company's request to the commission be no greater |
1053 | than those imposed upon competitive local exchange |
1054 | telecommunications companies unless the commission, within 120 |
1055 | days after the company's request, determines otherwise. In such |
1056 | event, the commission may grant some reductions in service |
1057 | quality requirements in some or all of the company's local |
1058 | calling areas. The commission may not impose retail service |
1059 | quality requirements on competitive local exchange |
1060 | telecommunications companies greater than those existing on |
1061 | January 1, 2003. |
1062 | (7) After a local exchange telecommunications company that |
1063 | has more than 1 million access lines in service has reduced its |
1064 | intrastate switched network access rates to parity, as defined |
1065 | in s. 364.164(5), the local exchange telecommunications company |
1066 | may petition the commission for regulatory treatment of its |
1067 | retail services at a level no greater than that imposed by the |
1068 | commission upon competitive local exchange telecommunications |
1069 | companies. The local exchange telecommunications company shall: |
1070 | (a) Show that granting the petition is in the public |
1071 | interest; |
1072 | (b) Demonstrate that the competition faced by the company |
1073 | is sufficient and sustainable to allow such competition to |
1074 | supplant regulation by the commission; and |
1075 | (c) Reduce its intrastate switched network access rates to |
1076 | its local reciprocal interconnection rate upon the grant of the |
1077 | petition. |
1078 |
|
1079 | The commission shall act upon such a petition within 9 months |
1080 | after its filing with the commission. The commission may not |
1081 | increase the level of regulation for competitive local exchange |
1082 | telecommunications companies to a level greater than that which |
1083 | exists on the date the local exchange telecommunications company |
1084 | files its petition. |
1085 | (8) The provisions described in subsections (6) and (7) |
1086 | shall apply to any local exchange telecommunications company |
1087 | with 1 million or fewer lines in service that has reduced its |
1088 | intrastate switched network access rates to a level equal to the |
1089 | company's interstate switched network access rates in effect on |
1090 | January 1, 2003. |
1091 | Section 11. Paragraph (h) of subsection (3) of section |
1092 | 364.10, Florida Statutes, is amended to read: |
1093 | 364.10 Undue advantage to person or locality prohibited; |
1094 | Lifeline service.-- |
1095 | (3) |
1096 | (h)1. By December 31, 2007 2003, each state agency that |
1097 | provides benefits to persons eligible for Lifeline service shall |
1098 | undertake, in cooperation with the Department of Children and |
1099 | Family Services, the Department of Education, the commission, |
1100 | the Office of Public Counsel, and telecommunications companies |
1101 | providing Lifeline services, the development of procedures to |
1102 | promote Lifeline participation. |
1103 | 2. If any state agency determines that a person is |
1104 | eligible for Lifeline services, the agency shall immediately |
1105 | forward the information to the commission to ensure that the |
1106 | person is automatically enrolled in the program with the |
1107 | appropriate eligible telecommunications carrier. The state |
1108 | agency shall include an option for an eligible customer to |
1109 | choose not to subscribe to the Lifeline service. The Public |
1110 | Service Commission and the Department of Children and Family |
1111 | Services shall, no later than December 31, 2007, adopt rules |
1112 | creating procedures to automatically enroll eligible customers |
1113 | in Lifeline service. |
1114 | 3. The commission, the Department of Children and Family |
1115 | Services, and the Office of Public Counsel shall enter into a |
1116 | memorandum of understanding establishing the respective duties |
1117 | of the commission, the department, and the public counsel with |
1118 | respect to the automatic enrollment procedures no later than |
1119 | December 31, 2007. |
1120 | Section 12. Section 364.163, Florida Statutes, is amended |
1121 | to read: |
1122 | 364.163 Network access services.--For purposes of this |
1123 | section, the term "network access service" is defined as any |
1124 | service provided by a local exchange telecommunications company |
1125 | to a telecommunications company certificated under this chapter |
1126 | or licensed by the Federal Communications Commission to access |
1127 | the local exchange telecommunications network, excluding the |
1128 | local interconnection arrangements in s. 364.16 and the resale |
1129 | arrangements in s. 364.161. Each local exchange |
1130 | telecommunications company subject to s. 364.051 shall maintain |
1131 | tariffs with the commission containing the terms, conditions, |
1132 | and rates for each of its network access services. The switched |
1133 | network access service rates in effect immediately prior to July |
1134 | 1, 2007, shall be, and shall remain, capped at that level until |
1135 | July 1, 2010. An interexchange telecommunications company may |
1136 | not institute any intrastate connection fee or any similarly |
1137 | named fee. |
1138 | (1) After a local exchange telecommunications company's |
1139 | intrastate switched network access rates are reduced to or below |
1140 | parity, as defined in s. 364.164(5), the company's intrastate |
1141 | switched network access rates shall be, and shall remain, capped |
1142 | for 3 years. |
1143 | (2) Any intrastate interexchange telecommunications |
1144 | company whose intrastate switched network access rate is reduced |
1145 | as a result of the rate adjustments made by a local exchange |
1146 | telecommunications company in accordance with s. 364.164 shall |
1147 | decrease its intrastate long distance revenues by the amount |
1148 | necessary to return the benefits of such reduction to both its |
1149 | residential and business customers. The intrastate interexchange |
1150 | telecommunications company may determine the specific intrastate |
1151 | rates to be decreased, provided that residential and business |
1152 | customers benefit from the rate decreases. Any in-state |
1153 | connection fee or similarly named fee shall be eliminated by |
1154 | July 1, 2006, provided that the timetable determined pursuant to |
1155 | s. 364.164(1) reduces intrastate switched network access rates |
1156 | in an amount that results in the elimination of such fee in a |
1157 | revenue-neutral manner. The tariff changes, if any, made by the |
1158 | intrastate interexchange telecommunications company to carry out |
1159 | the requirements of this subsection shall be presumed valid and |
1160 | shall become effective on 1 day's notice. |
1161 | (3) The commission shall have continuing regulatory |
1162 | oversight of intrastate switched network access and customer |
1163 | long distance rates for purposes of determining the correctness |
1164 | of any rate decrease by a telecommunications company resulting |
1165 | from the application of s. 364.164 and making any necessary |
1166 | adjustments to those rates. |
1167 | Section 13. Subsection (4) is added to section 364.385, |
1168 | Florida Statutes, to read: |
1169 | 364.385 Saving clauses.-- |
1170 | (4) The rates and charges for basic local |
1171 | telecommunications service and network access service approved |
1172 | by the commission in accordance with the decisions set forth in |
1173 | Orders Nos. PSC 03-1469-FOF-TL and PSC 04-0456-FOF-TL, and which |
1174 | are in effect immediately prior to July 1, 2007, shall remain in |
1175 | effect and such rates and charges may not be changed after the |
1176 | effective date of this act, except in accordance with the |
1177 | provisions of ss.364.051 and 364.163. |
1178 | Section 14. Sections 166.046 and 364.164, Florida |
1179 | Statutes, are repealed. |
1180 | Section 15. Section 501.2079, Florida Statutes, is created |
1181 | to read: |
1182 | 501.2079 Violations involving discrimination in the |
1183 | provision of video services.-- |
1184 | (1) As used in this section, the term: |
1185 | (a) "Cable service" has the same meaning as in s. |
1186 | 610.103(1). |
1187 | (b) "Video service" has the same meaning as in s. |
1188 | 610.103(11). |
1189 | (c) "Resident" means a resident residing within a service |
1190 | area as set out in ss. 610.104(2)(e)5. and 610.104(6). |
1191 | (d) "Provider" means a cable or video service provider |
1192 | that has been issued and holds a statutory certificate of |
1193 | franchise authority from the Department of State. |
1194 | (e) "Discrimination" means the denial of access to cable |
1195 | or video service to any individual or group of residents because |
1196 | of the race or income of the residents in the local area in |
1197 | which such individual or group resides. Such discrimination |
1198 | shall be prohibited as to residents throughout the service area |
1199 | of the municipality or county within which service is provided. |
1200 | (2) Discrimination among residents by a provider of cable |
1201 | or video services is declared unlawful and constitutes a |
1202 | violation of this section. |
1203 | (3) For purposes of determining whether a provider has |
1204 | violated subsection (2), a cable or video service provider may |
1205 | satisfy the nondiscrimination requirements of this section |
1206 | through the use of alternative technology that offers service, |
1207 | functionality, and content that is demonstrably similar to that |
1208 | provided through the provider's system and may include a |
1209 | technology that does not require the use of any public right-of- |
1210 | way. The technology used to comply with the requirements of this |
1211 | section is subject to all the requirements of chapter 610. If a |
1212 | provider makes cable or video service available within a |
1213 | reasonable period of time from the initiation of service to |
1214 | residents in its service area, the provider shall be presumed to |
1215 | be in compliance with subsection (2). A provider is not required |
1216 | to offer or provide service to end users residing in an area |
1217 | having a density of fewer than 30 homes per linear cable mile |
1218 | from the provider's nearest activated video distribution plant. |
1219 | This section does not impose a buildout requirement. |
1220 | (4) For purposes of determining whether a provider has |
1221 | violated subsection (2), cost, density, distance, and |
1222 | technological or commercial limitations shall be taken into |
1223 | account. The inability to provide access to cable or video |
1224 | service because a provider is prohibited from placing its own |
1225 | facilities in a building or property or due to natural disasters |
1226 | is not a violation of subsection (2). |
1227 | (5) Enforcement of this section shall be as provided in |
1228 | ss. 501.206, 501.207 and 501.211. |
1229 | (6) Upon a finding by a court of competent jurisdiction |
1230 | that a provider has engaged in unlawful discrimination, the |
1231 | provider shall have a reasonable period of time as specified by |
1232 | the court to cure such noncompliance. If the provider fails to |
1233 | cure within a specified time, any provider who is found to have |
1234 | violated subsection (2) is liable for a civil penalty of not |
1235 | more than $15,000 for each such violation. For purposes of this |
1236 | section, discrimination against each individual member of a |
1237 | group constitutes a separate violation and is subject to a |
1238 | separate penalty as set forth in this section. |
1239 | Section 16. This act shall take effect upon becoming a |
1240 | law. |