HB 855

1
A bill to be entitled
2An act relating to statewide cable television franchises;
3providing a short title; providing legislative findings;
4amending s. 202.24, F.S.; prohibiting counties and
5municipalities from negotiating terms and conditions
6relating to cable services; deleting authorization to
7negotiate; revising application to existing ordinances or
8franchise agreements; amending s. 337.401, F.S.; deleting
9authorization for counties and municipalities to award
10cable service franchises and a restriction that cable
11service companies not operate without such a franchise;
12amending s. 337.4061, F.S.; revising definitions; creating
13ss. 610.102, 610.103, 610.104, 610.105, 610.107, 610.1075,
14610.108, 610.109, 610.1105, 610.1115, 610.112, 610.113,
15610.114, 610.115, 610.116, 610.117, 610.118, and 610.119,
16F.S.; designating the Department of State as the
17franchising authority; prohibiting counties and
18municipalities from granting new franchises for cable
19services after a certain date; providing definitions;
20authorizing counties and municipalities to enact a
21standard cable ordinance for providing cable service;
22providing notice requirements; providing ordinance
23requirements; providing construction relating to authority
24over communications services other than cable service or
25competitive video programming services; providing for a
26statutory certificate of franchise authority from the
27state in absence of standard cable ordinance enactment;
28providing eligibility requirements; specifying required
29provisions of standard cable ordinance; providing for
30optional provisions of a standard cable ordinance;
31providing application procedures and requirements for a
32statutory certificate of franchise authority; providing
33for issuing certificates of franchise authority; providing
34eligibility requirements and criteria for a certificate;
35authorizing the department to adopt rules; authorizing the
36department to revoke certificates under certain
37circumstances; providing for an application form;
38providing for fees; specifying authority contained in a
39certificate of authority; providing conditions of
40eligibility of incumbent cable service providers to seek
41an ordinance or statutory certificate of authority;
42prohibiting the department from imposing taxes, fees, or
43charges on a cable service provider to issue a
44certificate; requiring certificateholders to make cable
45service available at certain public buildings under
46certain circumstances; imposing certain customer service
47requirements on cable service providers; requiring the
48Department of Agriculture and Consumer Services to receive
49customer service complaints; requiring provision of
50public, educational, and governmental access channels or
51capacity equivalent; providing criteria, requirements, and
52procedures; providing exceptions; providing
53responsibilities of municipalities and counties relating
54to such channels; providing for enforcement;  providing
55requirements for and limitations on counties and
56municipalities relating to access to public right-of-way;
57prohibiting counties and municipalities from imposing
58additional requirements on certificateholders; authorizing
59counties and municipalities to require permits of
60certificateholders relating to public right-of-way;
61providing permit criteria and requirements; prohibiting
62discrimination between cable service subscribers;
63providing for enforcement; providing for determinations of
64violations; providing for enforcement of compliance by
65certificateholders; providing applicability to competitive
66video programming services; providing report requirements;
67providing enforcement limitations; providing severability;
68creating s. 364.1605, F.S.; specifying duties for certain
69incumbent local exchange carriers relating to voice-over-
70Internet protocols; specifying application of certain
71federal standards for certain requests of incumbent local
72exchange carries; providing definitions; repealing s.
73166.046, F.S., relating to definitions and minimum
74standards for cable television franchises imposed upon
75counties and municipalities; amending ss. 350.81 and
76364.0361, F.S.; conforming cross-references; providing an
77effective date.
78
79Be It Enacted by the Legislature of the State of Florida:
80
81     Section 1.  This act may be cited as the "Consumer
82Broadband Choice Act of 2007."
83     Section 2.  Legislative findings.--
84     (1)  The Legislature finds that:
85     (a)  Cable programming services provide numerous benefits
86to the health, safety, and welfare of the residents of this
87state, including access to a variety of news, public
88information, education, and entertainment programming.
89     (b)  The state should bring uniformity and efficiency to
90the cable service franchising authorization process that allows
91market participants to use their networks and systems to provide
92video, voice, and broadband services to the residents of this
93state.
94     (2)  The Legislature finds as a matter of important
95statewide concern that reformation of the franchising process is
96necessary to:
97     (a)  Create a fair and level playing field for all market
98competitors that does not disadvantage or advantage one service
99provider or technology over another.
100     (b)  Promote the widespread access to advanced cable
101services to all communities in this state in a nondiscriminatory
102manner regardless of socioeconomic status.
103     (c)  Maintain local government communications services tax
104revenues and control of public rights-of-way.
105     (d)  Complement efforts to increase investment in broadband
106infrastructure and close the digital divide.
107     (e)  Continue access to and maintenance of public,
108education, and government (PEG) channels.
109     (3)  The Legislature finds that providing an incumbent
110cable operator with the option to secure a standard ordinance or
111statutory certificate franchise through the preemption of an
112existing cable franchise between a cable operator and any
113political subdivision of the state, including, but not limited
114to, any municipality or county, is an essential element of the
115new regulatory framework established by this act as a matter of
116statewide concern to best ensure equal protection and parity
117among providers and technologies, as well as to achieve the
118goals stated by the Legislature in enacting this act.
119     Section 3.  Paragraphs (a) and (c) of subsection (2) of
120section 202.24, Florida Statutes, are amended to read:
121     202.24  Limitations on local taxes and fees imposed on
122dealers of communications services.--
123     (2)(a)  Except as provided in paragraph (c), each public
124body is prohibited from:
125     1.  Levying on or collecting from dealers or purchasers of
126communications services any tax, charge, fee, or other
127imposition on or with respect to the provision or purchase of
128communications services.
129     2.  Requiring any dealer of communications services to
130enter into or extend the term of a franchise or other agreement
131that requires the payment of a tax, charge, fee, or other
132imposition.
133     3.  Adopting or enforcing any provision of any ordinance or
134agreement to the extent that such provision obligates a dealer
135of communications services to charge, collect, or pay to the
136public body a tax, charge, fee, or other imposition.
137
138Municipalities and counties may not negotiate the Each
139municipality and county retains authority to negotiate all terms
140and conditions of a cable service franchise allowed by federal
141and state law except those terms and conditions related to
142franchise fees or and the definition of gross revenues or other
143definitions or methodologies related to the payment or
144assessment of franchise fees on providers of cable services.
145     (c)  This subsection does not apply to:
146     1.  Local communications services taxes levied under this
147chapter.
148     2.  Ad valorem taxes levied pursuant to chapter 200.
149     3.  Occupational license taxes levied under chapter 205.
150     4.  "911" service charges levied under chapter 365.
151     5.  Amounts charged for the rental or other use of property
152owned by a public body which is not in the public rights-of-way
153to a dealer of communications services for any purpose,
154including, but not limited to, the placement or attachment of
155equipment used in the provision of communications services.
156     6.  Permit fees of general applicability which are not
157related to placing or maintaining facilities in or on public
158roads or rights-of-way.
159     7.  Permit fees related to placing or maintaining
160facilities in or on public roads or rights-of-way pursuant to s.
161337.401.
162     8.  Any in-kind requirements, institutional networks, or
163contributions for, or in support of, the use or construction of
164public, educational, or governmental access facilities allowed
165under federal law and imposed on providers of cable service
166pursuant to any existing ordinance or an existing franchise
167agreement granted by each municipality or county, under which
168ordinance or franchise agreement service is provided prior to
169July 1, 2007. Nothing in this subparagraph shall prohibit the
170ability of providers of cable service to recover such expenses
171as allowed under federal law.
172     9.  Special assessments and impact fees.
173     10.  Pole attachment fees that are charged by a local
174government for attachments to utility poles owned by the local
175government.
176     11.  Utility service fees or other similar user fees for
177utility services.
178     12.  Any other generally applicable tax, fee, charge, or
179imposition authorized by general law on July 1, 2000, which is
180not specifically prohibited by this subsection or included as a
181replaced revenue source in s. 202.20.
182     Section 4.  Paragraphs (a), (e), and (f) of subsection (3)
183of section 337.401, Florida Statutes, are amended to read:
184     337.401  Use of right-of-way for utilities subject to
185regulation; permit; fees.--
186     (3)(a)1.  Because of the unique circumstances applicable to
187providers of communications services, including, but not limited
188to, the circumstances described in paragraph (e) and the fact
189that federal and state law require the nondiscriminatory
190treatment of providers of telecommunications services, and
191because of the desire to promote competition among providers of
192communications services, it is the intent of the Legislature
193that municipalities and counties treat providers of
194communications services in a nondiscriminatory and competitively
195neutral manner when imposing rules or regulations governing the
196placement or maintenance of communications facilities in the
197public roads or rights-of-way. Rules or regulations imposed by a
198municipality or county relating to providers of communications
199services placing or maintaining communications facilities in its
200roads or rights-of-way must be generally applicable to all
201providers of communications services and, notwithstanding any
202other law, may not require a provider of communications
203services, except as otherwise provided in subparagraph 2., to
204apply for or enter into an individual license, franchise, or
205other agreement with the municipality or county as a condition
206of placing or maintaining communications facilities in its roads
207or rights-of-way. In addition to other reasonable rules or
208regulations that a municipality or county may adopt relating to
209the placement or maintenance of communications facilities in its
210roads or rights-of-way under this subsection, a municipality or
211county may require a provider of communications services that
212places or seeks to place facilities in its roads or rights-of-
213way to register with the municipality or county and to provide
214the name of the registrant; the name, address, and telephone
215number of a contact person for the registrant; the number of the
216registrant's current certificate of authorization issued by the
217Florida Public Service Commission, or the Federal Communications
218Commission, or the Department of State; and proof of insurance
219or self-insuring status adequate to defend and cover claims. For
220the purposes of this section, the term "communications service"
221includes "cable service" as defined in s. 610.103 and
222"competitive video programming services" as defined in s.
223610.117.
224     2.  Notwithstanding the provisions of subparagraph 1., a
225municipality or county may, as provided by 47 U.S.C. s. 541,
226award one or more franchises within its jurisdiction for the
227provision of cable service, and a provider of cable service
228shall not provide cable service without such franchise. Each
229municipality and county retains authority to negotiate all terms
230and conditions of a cable service franchise allowed by federal
231law and s. 166.046, except those terms and conditions related to
232franchise fees and the definition of gross revenues or other
233definitions or methodologies related to the payment or
234assessment of franchise fees and permit fees as provided in
235paragraph (c) on providers of cable services. A municipality or
236county may exercise its right to require from providers of cable
237service in-kind requirements, including, but not limited to,
238institutional networks, and contributions for, or in support of,
239the use or construction of public, educational, or governmental
240access facilities to the extent permitted by federal law. A
241provider of cable service may exercise its right to recover any
242such expenses associated with such in-kind requirements, to the
243extent permitted by federal law.
244     (e)  The authority of municipalities and counties to
245require franchise fees from providers of communications
246services, with respect to the provision of communications
247services, is specifically preempted by the state, except as
248otherwise provided in subparagraph (a)2., because of unique
249circumstances applicable to providers of communications services
250when compared to other utilities occupying municipal or county
251roads or rights-of-way. Providers of communications services may
252provide similar services in a manner that requires the placement
253of facilities in municipal or county roads or rights-of-way or
254in a manner that does not require the placement of facilities in
255such roads or rights-of-way. Although similar communications
256services may be provided by different means, the state desires
257to treat providers of communications services in a
258nondiscriminatory manner and to have the taxes, franchise fees,
259and other fees paid by providers of communications services be
260competitively neutral. Municipalities and counties retain all
261existing authority, if any, to collect franchise fees from users
262or occupants of municipal or county roads or rights-of-way other
263than providers of communications services, and the provisions of
264this subsection shall have no effect upon this authority. The
265provisions of this subsection do not restrict the authority, if
266any, of municipalities or counties or other governmental
267entities to receive reasonable rental fees based on fair market
268value for the use of public lands and buildings on property
269outside the public roads or rights-of-way for the placement of
270communications antennas and towers.
271     (f)  Except as expressly allowed or authorized by general
272law and except for the rights-of-way permit fees subject to
273paragraph (c), a municipality or county may not levy on a
274provider of communications services a tax, fee, or other charge
275or imposition for operating as a provider of communications
276services within the jurisdiction of the municipality or county
277which is in any way related to using its roads or rights-of-way.
278A municipality or county may not require or solicit in-kind
279compensation, except as otherwise provided in s. 610.1075(2)
280subparagraph (a)2. Nothing in this paragraph shall impair any
281ordinance or agreement in effect on May 22, 1998, or any
282voluntary agreement entered into subsequent to that date, which
283provides for or allows in-kind compensation by a
284telecommunications company.
285     Section 5.  Section 337.4061, Florida Statutes, is amended
286to read:
287     337.4061  Definitions; unlawful use of state-maintained
288road right-of-way by nonfranchised cable television services.--
289     (1)  As used in this section, the term:
290     (a)  "Cable service" means:
291     1.  The one-way transmission to subscribers of video
292programming or any other programming service; and
293     2.  Subscriber interaction, if any, which is required for
294the selection or use of such video programming or other
295programming service.
296     (b)  "Cable system" means a facility, consisting of a set
297of closed transmission paths and associated signal generation,
298reception, and control equipment that is designed to provide
299cable service which includes video programming and which is
300provided to multiple subscribers within a community, but such
301term does not include:
302     1.  A facility that serves only to retransmit the
303television signals of one or more television broadcast stations;
304     2.  A facility that serves only subscribers without using
305in one or more multiple-unit dwellings under common ownership,
306control, or management, unless such facility or facilities use
307any public right-of-way;
308     3.  A facility of a common carrier that is subject, in
309whole or in part, to the provisions of Title II of the Federal
310Cable Act, except that such facility shall be considered a cable
311system other than for purposes of s. 621(c) of the Federal Cable
312Act to the extent such facility is used in the transmission of
313video programming directly to subscribers, unless the extent of
314such use is solely to provide interactive on-demand services; or
315     4.  An open video system that complies with s. 653 of the
316Federal Cable Act; or
317     5.4.  Any facilities of any electric utility used solely
318for operating its electric utility systems.
319     (c)  "Franchise" means an initial authorization or renewal
320thereof issued by a franchising authority, whether such
321authorization is designated as a franchise, permit, license,
322resolution, contract, certificate, agreement, or otherwise,
323which authorizes the construction or operation of a cable
324system.
325     (d)  "Franchising authority" means any governmental entity
326empowered by federal, state, or local law to grant a franchise.
327     (e)  "Person" means an individual, partnership,
328association, joint stock company, trust, corporation, or
329governmental entity.
330     (f)  "Video programming" means programming provided by or
331generally considered comparable to programming provided by a
332television broadcast station or cable system.
333     (2)  It is unlawful to use the right-of-way of any state-
334maintained road, including appendages thereto, and also
335including, but not limited to, rest areas, wayside parks, boat-
336launching ramps, weigh stations, and scenic easements, to
337provide for cable service over a cable system purposes within a
338geographic area subject to a valid existing franchise for cable
339service, unless the cable system using such right-of-way holds a
340franchise from a franchising authority the municipality or
341county for the area in which the right-of-way is located.
342     (3)  A violation of this section shall be deemed a
343violation of s. 337.406.
344     Section 6.  Sections 610.102, 610.103, 610.104, 610.105,
345610.107, 610.1075, 610.108, 610.109, 610.1105, 610.1115,
346610.112, 610.113, 610.114, 610.115, 610.116, 610.117, 610.118,
347and 610.119, Florida Statutes, are created to read:
348     610.102  Authority to issue cable franchise.--The
349department shall be designated as the franchising authority,
350pursuant to 47 U.S.C. s. 522(10), for an ordinance or statutory
351franchise for the provision of cable service. A municipality or
352county may not grant a new franchise for the provision of cable
353service within its jurisdiction after the effective date of this
354act.
355     610.103  Definitions.--As used in this chapter, the term:
356     (1)  "Cable service" means:
357     (a)  The one-way transmission to subscribers of video
358programming or any other programming service; and
359     (b)  Subscriber interaction, if any, that is required for
360the selection or use of such video programming or other
361programming service.
362     (2)  "Cable service provider" means a person that provides
363cable service over a cable system.
364     (3)  "Cable system" means a facility consisting of a set of
365closed transmission paths and associated signal generation,
366reception, and control equipment that is designed to provide
367cable service that includes video programming and that is
368provided to multiple subscribers within a community, but such
369term does not include:
370     (a)  A facility that serves only to retransmit the
371television signals of one or more television broadcast stations;
372     (b)  A facility that serves subscribers without using any
373public right-of-way;
374     (c)  A facility of a common carrier that is subject, in
375whole or in part, to the provisions of Title II of the Federal
376Cable Act, except that such facility shall be considered a cable
377system other than for purposes of s. 621(c) of the Federal Cable
378Act only to the extent such facility is used in the transmission
379of video programming directly to subscribers, unless the extent
380of such use is solely to provide interactive on-demand services;
381     (d)  An open video system that complies with s. 653 of the
382Federal Cable Act; or
383     (e)  Any facilities of any electric utility used solely for
384operating its electric utility systems.
385     (4)  "Certificateholder" means a cable service provider or
386a competitive video programming services provider that has been
387issued and holds an ordinance or statutory certificate of
388franchise authority from the department.
389     (5)  "Department" means the Department of State.
390     (6)  "Franchise" or "franchise authority" means an initial
391authorization or renewal of an authorization, regardless of
392whether the authorization is designated as a franchise, permit,
393license, resolution, contract, certificate, agreement, or
394otherwise, to construct and operate a cable system in the public
395right-of-way.
396     (7)  "Incumbent cable service provider" means the cable
397service provider serving cable subscribers in a particular
398municipal or county franchise area on July 1, 2007, subject to
399an unexpired franchise agreement.
400     (8)  "Public right-of-way" means the area on, below, or
401above a public roadway, highway, street, sidewalk, or alley,
402including, but not limited to, a municipal, county, state,
403district, or other public roadway, highway, street, sidewalk, or
404alley.
405     (9)  "Video programming" means programming provided by, or
406generally considered comparable to programming provided by, a
407television broadcast station as set forth in 47 U.S.C. s.
408522(20).
409     610.104  Standard cable ordinance; ordinance certificate of
410franchise authority.--
411     (1)  A municipality or county may enact a standard cable
412ordinance for the provision of cable service over a cable system
413within its jurisdiction within 90 days after a request by an
414entity or person, other than the incumbent cable service
415provider, seeking to provide cable service over a cable system
416in whole or in part within that municipality or county but in no
417event later than January 1, 2009. A municipality must, at least
41810 days prior to consideration on first reading, and a county
419must, at least 15 days prior to consideration at a public
420hearing, provide notice to the Secretary of State of a proposed
421standard cable ordinance. The notice required by this subsection
422must be published by the Secretary of State on a designated
423Internet website.
424     (2)  A standard cable ordinance shall contain each of the
425terms and conditions set forth in s. 610.107 using the precise
426language contained in that section. The standard cable ordinance
427may contain any or all of the provisions in s. 610.1075 and
428shall not impose any other terms or conditions upon a cable
429service provider. If a municipality or county enacts a standard
430cable ordinance within the 90-day period that complies with the
431requirements of this section, an entity or person seeking to
432provide cable service over a cable system in whole or in part
433within that municipality or county shall file its application
434for an ordinance certificate pursuant to the terms and
435conditions set forth in s. 610.107 with the municipality or
436county. Upon determining that an applicant has met the criteria
437as set forth in s. 610.107, the municipality or county shall
438immediately issue notice of compliance to the department,
439whereupon the department shall issue an ordinance certificate of
440franchise authority that contains all of the terms set forth in
441s. 610.108(4) within 5 business days. The standard cable
442ordinance enacted by a municipality or county pursuant to, and
443in conformance with, the requirements of this chapter shall
444supersede any existing cable ordinance enacted by the county or
445municipality with regard to any cable service provider electing
446to apply for or operating under a standard ordinance
447certificate. A municipality or county may not change the terms
448of any ordinance adopted pursuant to this section, except that
449the municipality or county may change terms adopted pursuant to
450s. 610.1075 after a period of 10 years after the date of initial
451enactment of the standard ordinance and every 10 years
452thereafter, subject to the limits set forth in s. 610.1075(1)-
453(7).
454     (3)  Nothing in this act shall be construed to give any
455local government or the department any authority over any
456communications service other than cable service or competitive
457video programming services whether offered on a common carrier
458or private contract basis.
459     610.105  Statutory certificate.--In the event a
460municipality or county fails to enact the standard cable
461ordinance permitted by s. 610.104 within 90 days after a request
462or before January 1, 2009, whichever is earlier, or fails to
463provide notice of compliance with the department to allow the
464department to issue an ordinance certificate pursuant to the
465standard cable ordinance within the period set forth in s.
466610.107(3), an entity or person seeking to provide cable service
467over a cable system in whole or in part within that municipality
468or county shall file for a statutory certificate of franchise
469authority with the department as set forth in s. 610.108.
470     610.106  Eligibility.--An entity providing cable service
471under an unexpired franchise agreement with a municipality or
472county as of July 1, 2007 is not eligible to apply for an
473ordinance or statutory certificate of franchise authority with
474respect to such municipality or county until the franchise
475agreement expires, except as provided by s. 610.109(2). An
476entity providing cable service may seek an ordinance or
477statutory certificate to provide service in areas where the
478entity currently does not have an existing franchise agreement
479as of July 1, 2007.
480     610.107  Required provisions of standard cable
481ordinance.--A municipality or county electing to enact a
482standard cable ordinance pursuant to s. 610.104 must adopt the
483provisions set forth in subsections (1)-(11):
484     (1)  An entity or person seeking to provide cable service
485over a cable system located in whole or in part within the
486applicable municipality or county must submit to the applicable
487municipal or county agency an affidavit signed by an officer or
488general partner of the applicant affirming:
489     (a)  That the applicant has filed or will timely file with
490the Federal Communications Commission all forms required by that
491agency in advance of offering cable service in this state.
492     (b)  That the applicant agrees to comply with all
493applicable federal and state laws and regulations, to the extent
494that such state laws and rules are not in conflict with or
495superseded by the provisions of chapter 610 and s. 337.401,
496Florida Statutes, or other applicable state law.
497     (c)  That the applicant agrees to comply with all lawful
498state laws and rules and municipal and county ordinances and
499regulations regarding the placement and maintenance of
500communications facilities in the public right-of-way that are
501generally applicable to providers of communications services in
502accordance with s. 337.401, Florida Statutes.
503     (d)  A description of the service area for which the
504applicant seeks certificate of franchise authority, which shall
505be coextensive with municipal, county, or other political
506boundaries. For applicants with existing communications
507facilities, the service area shall be coextensive with any
508provider's existing network boundaries.
509     (e)  The location of the applicant's principal place of
510business and the names of the applicant's principal executive
511officers.
512     (f)  That the applicant is authorized to do business in the
513state.
514     (g)  That the applicant has sufficient technical,
515financial, and managerial capability to provide cable service
516within the service area for which the applicant seeks a
517certificate of franchise authority. At the time of filing the
518affidavit, the applicant shall furnish its most recent
519unqualified audited financial statement if a publicly available
520audited financial report for the applicant or its parent entity
521is not available.
522     (h)  That neither the applicant nor any of its current
523principal executive officers are under indictment or have been
524convicted of a felony in this state.
525     (2)  Before the 10th business day after an applicant for a
526certificate of franchise authority submits the affidavit
527described in subsection (1), the applicable municipal or county
528agency shall notify the applicant whether the applicant's
529affidavit is complete. If the applicable municipal or county
530agency finds that the application is incomplete, the applicable
531municipal or county agency must specify with particularity the
532corrective action required and permit the applicant to amend the
533application to cure any deficiency.
534     (3)  The applicable municipal or county agency shall
535provide a notice of compliance to the Department of State before
536the 15th business day after receipt of an affidavit submitted by
537an applicant pursuant to subsection (1), except that, if the
538applicable municipal or county agency provides notice before the
53910th business day after receipt of the affidavit that the
540affidavit is not complete pursuant to subsection (2), the
541applicable municipal or county agency shall submit a notice of
542compliance to the Department of State within 5 business days
543after receipt of an amended affidavit.
544     (4)  After the Department of State issues an ordinance
545certificate of franchise authority pursuant to s. 610.104, the
546applicant shall have the right to provide cable service over a
547cable system as requested in the affidavit and shall have the
548right to construct, maintain, and operate facilities through,
549upon, over, and under any public right-of-way or waters within
550the applicable municipality or county.
551     (5)  A certificateholder may include additional service
552areas within the applicable municipality or county in its
553current ordinance certificate by filing notice with the
554applicable municipal or county agency and the Department of
555State that reflects the new service area or areas to be served.
556     (6)  The ordinance certificate is fully transferable to any
557successor in interest to the applicant to which the certificate
558is initially granted. A notice of transfer shall be filed with
559the applicable municipal or county agency and the Department of
560State within 14 business days following the completion of such
561transfer.
562     (7)  The certificate of franchise authority issued by the
563department may be terminated by the cable service provider by
564submitting notice to the applicable municipal or county agency
565and the Department of State.
566     (8)  An applicant may challenge a denial of an application
567or any failure to act by the [applicable municipal or county
568agency] in a court of competent jurisdiction through a petition
569for a writ of mandamus.
570     (9)  The applicable municipal or county agency may adopt a
571standard application form, in which case the application shall
572be on such form.
573     (10)  For the purposes of this ordinance, the definitions
574set forth in s. 610.103  shall apply.
575     (11)  After the effective date of the ordinance, a cable
576service provider operating under a franchise agreement granted
577by the applicable municipality or county prior to the effective
578date of the ordinance may elect to terminate its existing
579franchise agreement pursuant to s. 610.109 and obtain an
580ordinance franchise hereunder.
581     610.1075  Optional provisions of standard cable
582ordinance.--A municipality or county electing to enact a
583standard cable ordinance pursuant to s. 610.104 may include
584provisions that:
585     (1)  Establish the number of public, educational, and
586governmental access channels that each cable service provider
587must provide, upon request, to the municipality or county, as
588follows:
589     (a)  A municipality or county may require an ordinance
590certificateholder, within 180 days following a request from such
591municipality or county, to designate a sufficient amount of
592capacity on its network to allow the provision of the same
593number of public, educational, and governmental access channels
594or functional equivalent that a municipality or county has
595activated under the incumbent cable service provider's franchise
596agreement as of January 1, 2007. Upon the earlier of the
597expiration or termination of the incumbent cable service
598providers' franchise agreement, the maximum number of channels
599or capacity shall be as set forth in paragraph (b). For the
600purposes of this section, a public, educational, or governmental
601channel is deemed activated if the channel is being used for
602public, educational, or governmental programming within the
603municipality or county for at least 8 hours per day of locally
604produced original programming, excluding without limitation
605repeat and character-generated programming, for any six
606consecutive-month period. The municipality or county may
607require, within 180 days following a request from such
608municipality or county, additional channels or functional
609capacity up to the equivalent permitted under the incumbent
610cable service provider's franchise agreement as of January 1,
6112007, until such agreement expires or is terminated.
612     (b)  If a municipality or county did not have public,
613educational, or governmental access channels activated under the
614incumbent cable service provider's franchise agreement as of
615January 1, 2007, the municipality or county may require the
616ordinance certificateholder to furnish, not later than 180 days
617following a request by the municipality or county:
618     1.  Up to three public, educational, or governmental
619channels or capacity equivalent for a municipality or county
620with a population of at least 50,000.
621     2.  Up to two public, educational, or governmental channels
622or capacity equivalent for a municipality or county with a
623population of less than 50,000.
624
625The limits in sub-subparagraphs 1. and 2. constitute the total
626number of public, educational, or governmental channels that may
627be designated on any cable service provider's network using a
628single headend, or on all commonly owned cable service
629provider's networks that share a common headend, regardless of
630the number of cities or counties served from such headend,
631provided that the populations of all cities and counties served
632by such provider's networks shall be aggregated for purposes of
633applying such limits.
634     (c)  A cable service provider may locate any public,
635educational, or governmental access channel on any tier of
636service offered that is viewed by at least 40 percent of the
637provider's subscribers.
638     (d)  All other provisions of s. 610.113 shall apply to the
639provision of public, educational, or governmental access
640channels by an ordinance certificateholder.
641     (2)  Provide that if the municipality or county was
642entitled on July 1, 2007, to receive recurring or nonrecurring
643cash or other payments to support the capital or operating costs
644of public, educational, and governmental access facilities
645pursuant to the terms of the incumbent cable service provider's
646franchise, the municipality or county may require an ordinance
647certificateholder to make the same cash or other payments until
648the earlier of the termination or expiration date of the
649incumbent cable service provider's franchise agreement existing
650as of July 1, 2007. Upon  expiration or termination of the
651incumbent cable service provider's franchise, any cash or other
652payments shall be prohibited.
653     (3)  Require each ordinance certificateholder, if requested
654pursuant to a bona fide order for cable service, to make cable
655service available at any building located within 125 feet of a
656certificateholder's existing distribution plant, provided such
657buildings are used for municipal or county purposes, including,
658but not limited to, emergency operations centers, fire stations,
659and public schools within the area described in its application
660including any amendments to such application. The municipality
661or county shall be responsible for any connectivity beyond the
662first 125 feet. The municipality or county shall be responsible
663for obtaining authority for the certificateholder to gain access
664to any leased facility to provide the services described in this
665section on terms that are reasonably acceptable to the
666certificateholder and at no cost to the certificateholder.
667     (4)  Identify and cross-reference other municipal and
668county ordinances and regulations regarding the placement and
669maintenance of communications facilities in the public right-of-
670way with which each ordinance certificateholder must comply. Any
671other ordinance and regulation identified and cross-referenced
672in the standard cable ordinance shall be generally applicable to
673all providers of communications services in accordance with s.
674337.401.
675     (5)  Require an incumbent cable service provider to comply
676with customer service requirements reasonably comparable to, and
677that do not exceed, the standards in 47 C.F.R. s. 76.309(c).
678Such requirements shall only apply until there are two or more
679providers offering cable service or competitive video
680programming services in the relevant service area. In addition,
681the municipality or county may require that cable service
682quality complaints from customers of an ordinance
683certificateholder within the jurisdiction of the municipality or
684county be filed with an appropriate municipal or county office
685or agency. This subsection shall not be construed to permit the
686municipality or county to impose customer service standards in
687conflict with this section.
688     610.108  Application process; statutory certificate of
689franchise authority.--When a person or entity applies for a
690statutory certificate of franchise authority under s. 610.105,
691the following provisions apply:
692     (1)  Before the 10th business day after an applicant for a
693certificate of franchise authority submits the affidavit
694described in subsection (2), the department shall notify the
695applicant whether the applicant's affidavit is complete. If the
696department denies the application, the department shall specify
697with particularity the reasons for the denial and permit the
698applicant to amend the application to cure any deficiency. The
699department shall act upon such amended application within 10
700business days.
701     (2)  The department may establish a standard application
702form that shall be limited to the specific information required
703under subsection (3), in which case the application shall be on
704such form and must be accompanied by a one-time application fee
705established by the department, not to exceed $500 for the
706applicant's initial application and no more than $50 for each of
707the applicant's additional applications. The fee shall be based
708on the costs incurred by the department in performing its duties
709under this chapter  For purposes of this subsection, a parent
710company may file a single application covering itself and all of
711its subsidiaries and affiliates intending to provide cable
712service in the service areas throughout the state as described
713in paragraph (3)(d), but the entity actually providing such
714service in a given area shall otherwise be considered the
715certificateholder under this act.
716     (3)  The department shall issue a certificate of franchise
717authority to offer cable service before the 30th business day
718after receipt of a completed affidavit submitted by an applicant
719and signed by an officer or general partner of the applicant
720affirming:
721     (a)  That the applicant has filed or will timely file with
722the Federal Communications Commission all forms required by that
723agency in advance of offering cable service in this state.
724     (b)  That the applicant agrees to comply with all
725applicable federal and state laws and regulations, to the extent
726that such state laws and rules are not in conflict with or
727superseded by the provisions of this chapter or other applicable
728state law.
729     (c)  That the applicant agrees to comply with all lawful
730state laws and rules and municipal and county ordinances and
731regulations regarding the placement and maintenance of
732communications facilities in the public right-of-way that are
733generally applicable to providers of communications services in
734accordance with s. 337.401.
735     (d)  A description of the service area for which the
736applicant seeks a certificate of franchise authority, which
737shall be coextensive with municipal, county, or other political
738boundaries. For applicants with existing communications
739facilities, the service area shall be coextensive with any
740provider's existing network boundaries.
741     (e)  The location of the applicant's principal place of
742business and the names of the applicant's principal executive
743officers.
744     (f)  That the applicant is authorized by the department to
745transact business in this state.
746     (g)  That the applicant has sufficient technical,
747financial, and managerial capability to provide cable service
748within the service area for which the applicant seeks a
749certificate of franchise authority. At the time of the filing of
750the affidavit, the applicant shall furnish its most recent
751unqualified audited financial statement if a publicly available
752audited financial report for the applicant or its parent entity
753is not available.
754     (h)  That neither the applicant nor any of its current
755principal executive officers are under indictment nor have been
756convicted of a felony in this state.
757     (4)  If the department fails to act on the application
758within 30 business days after receiving the application, the
759application shall be deemed granted by the department without
760further action.
761     (5)  The certificate of franchise authority issued by the
762department shall contain:
763     (a)  A grant of authority to provide cable service over a
764cable system as requested in the application.
765     (b)  A grant of authority to construct, maintain, and
766operate facilities through, upon, over, and under any public
767right-of-way.
768     (c)  A statement that the grant of authority is subject to
769lawful operation of the cable system to provide cable service by
770the applicant or its successor in interest.
771     (6)  A certificateholder that seeks to include additional
772service areas in its current certificate shall file notice with
773the department that reflects the new service area or areas to be
774served consistent with the requirements of paragraph (3)(d).
775     (7)  The certificate of franchise authority issued by the
776department is fully transferable to any successor in interest to
777the applicant to which the certificate is initially granted. A
778notice of transfer shall be filed with the department and the
779relevant municipality or county within 14 business days
780following the completion of such transfer.
781     (8)  The certificate of franchise authority issued by the
782department may be terminated by the cable service provider by
783submitting notice to the department.
784     (9)  An applicant may challenge a denial of an application
785by the department in a court of competent jurisdiction through a
786petition for a writ of mandamus.
787     (10)  The department may adopt any procedural rules and
788regulations pursuant to ss. 120.536(1) and 120.54 necessary to
789implement this section. Failure of an applicant to comply with
790procedural rules and regulations adopted by the department to
791implement this section shall not be a basis for denial of a
792certificate if the affidavit is submitted before the department
793adopts such procedural rules and regulations.
794     (11)  The department may revoke an ordinance or statutory
795certificate of franchise authority for any area as to which a
796court of competent jurisdiction finds, pursuant to s. 610.117,
797that a certificateholder is in noncompliance with the
798requirements of this chapter after notice and a reasonable time
799to cure the noncompliance.
800     610.109  Eligibility of incumbent cable service provider
801for ordinance or statutory certificate of franchise authority in
802areas where provider has an existing franchise.--A cable service
803provider that has an existing, unexpired franchise to provide
804cable service with respect to a municipality or county as of
805July 1, 2007, may seek an ordinance or statutory certificate of
806franchise authority under this chapter as to that municipality
807or county upon the earliest of:
808     (1)  The expiration date of the existing franchise
809agreement;
810     (2)  January 1, 2009;
811     (3)  The date on which such municipality or county adopts a
812standard ordinance pursuant to s. 610.104; or,
813     (4)  The date any cable service provider or competitive
814video programming services provider receives a statutory
815certificate of franchise authority to serve all or portions of
816that municipality or county under s. 610.108. An incumbent cable
817service provider may terminate its existing franchise under this
818subsection by providing written notice to the Secretary of State
819and the affected municipality or county within 180 days after
820becoming eligible to elect to terminate it existing franchise.
821The municipal or county franchise is terminated on the date the
822ordinance or statutory certificate of franchise authority is
823granted.
824     610.1105  Franchise fee prohibited.--Except as otherwise
825provided in this chapter, the department may not impose any
826taxes, fees, charges, or other impositions on a cable service
827provider as a condition for the issuance of an ordinance or
828statutory certificate of franchise authority. Except as
829otherwise provided in this chapter, no municipality or county
830may impose any taxes, fees, charges, or other exactions on
831certificateholders in connection with use of public right-of-way
832as a condition of a certificateholder doing business in the
833municipality or county, or otherwise, except such taxes, fees,
834charges, or other exactions permitted by chapter 202, s.
835337.401(6), and this chapter.
836     610.1115  Customer service standards.--
837     (1)  Each cable service provider shall comply with the
838customer service standards in 47 C.F.R. s. 76.309(c) until there
839are two or more providers offering cable service or competitive
840video programming service in the relevant service area.
841     (2)  The Department of Agriculture and Consumer Services
842shall receive service quality complaints from customers of a
843statutory certificateholder. The Department of Agriculture and
844Consumer Services may adopt any procedural rules pursuant to ss.
845120.536(1) and 120.54 necessary to implement this section.
846     (3)  The Department of Agriculture and Consumer Services
847shall address customer service complaints expeditiously by
848assisting with the resolution of such complaints between the
849complainant and the certificateholder.
850     610.112  Public, educational, and governmental access
851channels.--
852     (1)  A certificateholder, not later than 180 days following
853a request by a municipality or county within whose jurisdiction
854the certificateholder is providing cable service, shall
855designate a sufficient amount of capacity on its network to
856allow the provision of public, educational, and governmental
857access channels for noncommercial programming as set forth in
858this section and in a municipal or county franchise pursuant to
859s. 610.1075(1).
860     (2)  A certificateholder shall designate a sufficient
861amount of capacity on its network to allow the provision of the
862same number of public, educational, and governmental access
863channels or functional equivalent that a municipality or county
864has activated under the incumbent cable service provider's
865franchise agreement as of January 1, 2007, or the number of
866channels or capacity set forth in paragraphs (3)(a) and (b) and
867as limited by s. 610.1075(1). For the purposes of this section,
868a public, educational, or governmental channel is deemed
869activated if the channel is being used for public, educational,
870or governmental programming within the municipality or county
871for at least 8 hours per day of locally produced original
872programming, excluding without limitation repeat and character-
873generated programming, for any 6 consecutive-month period. The
874municipality or county may request additional channels or
875functional equivalent permitted under the incumbent cable
876service provider's franchise agreement as of January 1, 2007, as
877limited by s. 610.1075(1).
878     (3)(a)  If a municipality or county did not have public,
879educational, or governmental access channels activated under the
880incumbent cable service provider's franchise agreement as of
881July 1, 2007, not later than 12 months following a request by
882the municipality or county within whose jurisdiction a
883certificateholder is providing cable service, the cable service
884provider shall furnish:
885     1.  Up to three public, educational, or governmental
886channels or capacity equivalent for a municipality or county
887with a population of at least 50,000.
888     2.  Up to two public, educational, or governmental channels
889or capacity equivalent for a municipality or county with a
890population of less than 50,000.
891     (b)  The limits in subparagraphs (a)1. and 2. shall
892constitute the total number of public, educational, or
893governmental channels that may be designated on any cable
894service provider's network using a single headend, or on all
895commonly owned cable service provider's networks that share a
896common headend, regardless of the number of cities or counties
897served from such headend; provided further, that the populations
898of all cities and counties served by such provider's networks
899shall be aggregated for purposes of applying these limits.
900     (c)  A cable service provider may locate any public,
901educational, or governmental access channel on any tier of
902service offered that is viewed by at least 40 percent of the
903provider's subscribers.
904     (4)  Any public, educational, or governmental channel
905provided pursuant to this section that is not programmed by the
906municipality or county for at least 8 hours a day of locally
907produced original programming, not excluding without limitation
908repeal and character-generated programming, for any six
909consecutive week period shall no longer be made available to the
910municipality or county but may be programmed at the cable
911service provider's discretion.
912     (5)  The operation of any public, educational, or
913governmental access channel or functional equivalent provided
914under this section shall be the responsibility of the
915municipality or county receiving the benefit of such channel or
916capacity equivalent, and a certificateholder bears only the
917responsibility for the transmission of such channel content. A
918certificateholder shall be responsible for providing the
919connectivity to each public, educational, or governmental access
920channel distribution point up to the first 125 feet from the
921certificateholder's activated cable transmission system. The
922municipality or county shall be responsible for any and all
923connectivity beyond the first 125 feet.
924     (6)  The municipality or county shall ensure that all
925transmissions, content, or programming to be transmitted over a
926channel or facility by a certificateholder are provided or
927submitted to the cable service provider in a manner or form that
928is capable of being accepted and transmitted by a provider
929without any requirement for additional alteration or change in
930the content by the provider over the provider's network and is
931compatible with the technology or protocol used by the cable
932service provider to deliver services. The provision of public,
933educational, or governmental content to the provider constitutes
934authorization for the provider to carry such content, including,
935at the provider's option, authorization to carry the content
936beyond the jurisdictional boundaries of the municipality or
937county.
938     (7)  Where technically feasible, a certificateholder and an
939incumbent cable service provider shall use reasonable efforts to
940interconnect their cable systems for the purpose of providing
941public, educational, and governmental programming.
942Interconnection may be accomplished by direct cable, microwave
943link, satellite, or other reasonable method of connection. The
944party seeking interconnection shall pay the reasonable costs
945associated with establishing and maintaining such
946interconnection.
947     (8)  A certificateholder is not required to interconnect
948for, or otherwise transmit, public, educational, and
949governmental content that is branded with the logo, name, or
950other identifying marks of another cable service provider, and a
951municipality or county may require a cable service provider to
952remove its logo, name, or other identifying marks from public,
953educational, and governmental content that is to be made
954available to another provider.
955     (9)  A court of competent jurisdiction shall have exclusive
956jurisdiction to enforce any requirement under this section.
957     610.113  Nondiscrimination by municipality or county.--
958     (1)  A municipality or county shall allow a
959certificateholder to install, construct, and maintain a network
960within a public right-of-way and shall provide a
961certificateholder with nondiscriminatory and competitively
962neutral access to the public right-of-way in accordance with the
963provisions of s. 337.401. All use of a public right-of-way by a
964certificateholder is nonexclusive.
965     (2)  A municipality or county may not discriminate against
966a certificateholder regarding:
967     (a)  The authorization or placement of a network in a
968public right-of-way;
969     (b)  Access to a building or other property; or
970     (c)  Utility pole attachment terms.
971     (3)  Except as expressly provided in this chapter, nothing
972contained in this chapter shall be construed to limit or
973abrogate the municipality's or county's authority over the use
974of public right-of-way under its jurisdiction, as set forth in
975s. 337.401(3)(a).
976     610.114  Limitation on local authority.--
977     (1)  A municipality or county may not impose additional
978requirements on a certificateholder, including, but not limited
979to, financial, operational, and administrative requirements,
980except as expressly permitted by this chapter. A municipality or
981county may not impose on activities of a certificateholder a
982requirement:
983     (a)  That particular business offices be located in the
984municipality or county;
985     (b)  Regarding the filing of reports and documents with the
986municipality or county that are not required by state or federal
987law and that are not related to the use of the public right-of-
988way. Reports and documents other than schematics indicating the
989location of facilities for a specific site that are provided in
990the normal course of the municipality's or county's permitting
991process, that are authorized by s. 337.401 for communications
992services providers, or that are otherwise required in the normal
993course of such permitting process shall not be considered
994related to the use of the public right-of-way for communications
995services providers. A municipality or county may not request
996information concerning the capacity or technical configuration
997of a certificateholder's facilities;
998     (c)  For the inspection of a certificateholder's business
999records; or
1000     (d)  For the approval of transfers of ownership or control
1001of a certificateholder's business, except a municipality or
1002county may require a certificateholder to provide notice of a
1003transfer within a reasonable time period.
1004     (2)  Notwithstanding any other provision of law, a
1005municipality or county may require the issuance of a permit in
1006accordance with and subject to s. 337.401 to a certificateholder
1007that is placing and maintaining facilities in or on a public
1008right-of-way in the municipality or county. In accordance with
1009s. 337.402, the permit may require the permitholder to be
1010responsible, at the permitholder's expense, for any damage
1011resulting from the issuance of such permit and for restoring the
1012public right-of-way to a substantially similar condition to that
1013of the public right-of-way before installation of such
1014facilities. The terms of the permit shall be consistent with
1015construction permits issued to other providers of communications
1016services placing or maintaining communications facilities in a
1017public right-of-way.
1018     610.115  Discrimination prohibited.--
1019     (1)  The purpose of this section is to prevent
1020discrimination among potential residential subscribers.
1021     (2)  Pursuant to 47 U.S.C. s. 541(a)(3), a
1022certificateholder may not deny access to service to any group of
1023potential residential subscribers because of the income of the
1024residents in the local area in which such group resides.
1025     (3)  An affected person may seek enforcement of the
1026requirements provided by subsection (2) by initiating a
1027proceeding with the Department of Agriculture and Consumer
1028Services pursuant to s. 570.544.
1029     (4)  For purposes of determining whether a
1030certificateholder has violated subsection (2), the
1031certificateholder shall have a reasonable time not to exceed 3
1032years to deploy service pursuant to 47 U.S.C. s. 541(a)(4)(A) to
1033those customers within the service areas designated in s.
1034610.107(1)(d) and (5) or s. 610.108(3)(d) and (5). Except for
1035satellite service, a competitive video service provider may
1036satisfy the requirements of this section through the use of
1037alternative technology that offers service, functionality, and
1038content which is demonstrably similar to that provided through
1039the provider's video service system and may include a technology
1040that does not require the use of any public right-of-way. The
1041technology used to comply with the requirements of this section
1042shall be subject to all the requirements of this act. In no
1043event shall a cable service provider be required to offer or
1044provide service to an end user residing in an area with a
1045density of less than 20 homes per mile from the provider's
1046nearest distribution plant.
1047     (5)  The Department of Agriculture and Consumer Services
1048may adopt any procedural rules pursuant to ss. 120.536(1) and
1049120.54 necessary to implement this section.
1050     610.116  Compliance.--If a certificateholder is found by a
1051court of competent jurisdiction to not comply with the
1052requirements of this chapter, the certificateholder shall have a
1053reasonable period of time, as specified by the court, to cure
1054such noncompliance.
1055     610.117  Applicability to competitive video programming
1056services.--A provider of competitive video programming services
1057shall apply for and obtain an ordinance or statutory certificate
1058of franchise authority under ss. 610.102-610.117, including all
1059rights and obligations associated therewith, before providing
1060service in the state, notwithstanding that competitive video
1061programming service may not be a cable service as defined s.
1062610.103. For purposes of ss. 610.102-610.117, the term
1063"competitive video programming services" means video programming
1064provided through wireline facilities located at least in part of
1065the public right-of-way without regard to delivery technology,
1066including Internet protocol technology, provided that this
1067definition does not include any video programming service
1068provided by a commercial mobile service provider defined in 47
1069U.S.C. s. 322(b).
1070     610.118  Enforcement limitations.--Notwithstanding any of
1071the provisions of ss. 610.102-610.116, no franchising authority
1072may enforce any term, condition, or requirement of any franchise
1073agreement that is more burdensome than the terms, conditions, or
1074requirements imposed on any other certificateholder whether by
1075franchise agreement, ordinance, or statutory certificate.
1076     610.119  Severability.--If any provision of ss. 610.102-
1077610.102-610.117 or the application thereof to any person or
1078circumstance is held invalid, such invalidity shall not affect
1079other provisions or application of ss. 610.102-610.117 that can
1080be given effect without the invalid provision or application,
1081and to this end the provisions of ss. 610.102-610.116 are
1082severable. If an incumbent cable service provider is denied its
1083legal right to terminate its existing cable franchise agreement
1084under section 610.109(2), any certificateholder authorized to
1085provide or providing cable services within all or parts of the
1086affected service areas shall also comply with the terms and
1087conditions applicable to the incumbent cable service provider
1088until the incumbent's existing cable franchise agreement expires
1089or is terminated, whichever event occurs earlier.
1090     Section 7.  Section 364.1605, Florida Statutes, is created
1091to read:
1092     364.1605  Voice competition.--
1093     (1)  In addition to the duties established under this
1094chapter, an entity that is an incumbent local exchange carrier,
1095as defined in 47 U.S.C. s. 251(h), as of July 1, 2007, and any
1096affiliate of such entity that provides wireline voice service
1097within the service territory of such incumbent local exchange
1098carrier, regardless of the technology, shall owe:
1099     (a)  The duty to establish physical connections with its
1100wireline facilities pursuant to s. 201 of the Communications Act
1101of 1934 and the rules of the Federal Communications Commission
1102adopted under that section.
1103     (b)  The duties owed by an incumbent local exchange carrier
1104to providers of telecommunications services, telephone exchange
1105service, and telephone toll service with respect to its wireline
1106facilities as provided in 47 U.S.C. s. 251 and the rules of the
1107Federal Communications Commission adopted under that section, to
1108any other carrier and to any facilities-based provider of
1109Internet protocol enabled voice service. Interconnection with
1110such entity's network may be direct or indirect and shall be at
1111the most efficient point or points within that network and in
1112the most efficient format, as determined by the requesting
1113carrier or provider.
1114     (2)  Requests by such other carrier or provider for
1115interconnection, services, or network elements from an incumbent
1116local exchange carrier shall be subject to the procedures,
1117requirements, and pricing standards of 47 U.S.C. s. 252.
1118     (3)  A telecommunications company may use interconnection,
1119services, and network elements obtained from an incumbent local
1120exchange carrier, including from a rural telephone company or
1121small local exchange telecommunications company, pursuant to 47
1122U.S.C. ss. 251 and 252 to provide wholesale telecommunications
1123and telecommunications service to a provider of Internet
1124protocol enabled voice service and exchange traffic between such
1125provider and the public switched network.
1126     (4)  For purposes of this section, the term "facilities-
1127based provider of Internet protocol enabled voice service" means
1128an entity that provides voice-over-Internet protocol as that
1129term is defined in federal law over a physical facility which
1130connects to the end user's location and which such entity or an
1131affiliate of such entity owns or over which such entity or
1132affiliate has exclusive use. An entity or affiliate of such
1133entity shall be considered a facilities-based provider of
1134Internet protocol enabled voice service only in those geographic
1135areas where such physical facilities are located.
1136     Section 8.  Section 166.046, Florida Statutes, is repealed.
1137     Section 9.  Paragraph (a) of subsection (3) of section
1138350.81, Florida Statutes, is amended to read:
1139     350.81  Communications services offered by governmental
1140entities.--
1141     (3)(a)  A governmental entity that provides a cable service
1142shall comply with the Cable Communications Policy Act of 1984,
114347 U.S.C. ss. 521 et seq., the regulations issued by the Federal
1144Communications Commission under the Cable Communications Policy
1145Act of 1984, 47 U.S.C. ss. 521 et seq., and all applicable state
1146and federal rules and regulations, including, but not limited
1147to, s. 166.046 and those provisions of chapters 202, 212, and
1148337, and 610 which apply to a provider of the services.
1149     Section 10.  Section 364.0361, Florida Statutes, is amended
1150to read:
1151     364.0361  Local government authority; nondiscriminatory
1152exercise.--A local government shall treat each
1153telecommunications company in a nondiscriminatory manner when
1154exercising its authority to grant franchises to a
1155telecommunications company or to otherwise establish conditions
1156or compensation for the use of rights-of-way or other public
1157property by a telecommunications company. A local government may
1158not directly or indirectly regulate the terms and conditions,
1159including, but not limited to, the operating systems,
1160qualifications, services, service quality, service territory,
1161and prices, applicable to or in connection with the provision of
1162any voice-over-Internet protocol, regardless of the platform,
1163provider, or protocol, broadband or information service. This
1164section does not relieve a provider from any obligations under
1165s. 166.046 or s. 337.401.
1166     Section 11.  This act shall take effect July 1, 2007.


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