CS/CS/HB 529

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
113	Be It Enacted by the Legislature of the State of Florida:
114
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
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.

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