Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 998
Barcode 050740
CHAMBER ACTION
Senate House
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11 The Committee on Community Affairs (Garcia) recommended the
12 following amendment:
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14 Senate Amendment (with directory and title amendments)
15 On page 16, line 27, through
16 page 24, line 31, delete those lines
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18 and insert:
19 (11) "Video service" means video programming services,
20 including cable services, provided through wireline facilities
21 located at least in part in the public rights-of-way without
22 regard to delivery technology, including Internet protocol
23 technology. This definition does not include any video
24 programming provided by a commercial mobile service provider
25 as defined in 47 U.S.C. s. 332(d), video programming provided
26 as part of, and via a cable service that enables end users to
27 access content, information, electronic mail, or other
28 services offered over the public Internet.
29 (12) "Video service provider" means an entity
30 providing video service.
31 610.104 State authorization to provide cable or video
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 998
Barcode 050740
1 service.--
2 (1) An entity or person seeking to provide cable or
3 video service in this state after July 1, 2007, shall file an
4 application for a state-issued certificate of franchise
5 authority with the department as required by this section. An
6 entity or person providing cable or video service under an
7 unexpired franchise agreement with a municipality or county as
8 of July 1, 2007, is not subject to this subsection with
9 respect to providing service in such municipality or county
10 until the franchise agreement expires. An entity or person
11 providing cable or video service may seek authorization from
12 the department to provide service in areas where the entity or
13 person currently does not have an existing franchise agreement
14 as of July 1, 2007.
15 (2) An applicant for a state-issued certificate of
16 franchise authority to provide cable or video service shall
17 submit to the Department of State an application that
18 contains:
19 (a) The official name of the cable or video service
20 provider.
21 (b) The street address of the principal place of
22 business of the cable or video service provider.
23 (c) The federal employer identification number or the
24 Department of State's document number.
25 (d) The name, address, and telephone number of an
26 officer, partner, owner, member, or manager as a contact
27 person for the cable or video service provider to whom
28 questions or concerns may be addressed.
29 (e) A duly executed affidavit signed by an officer,
30 partner, owner, or managing member affirming and containing:
31 1. That the applicant is fully qualified under the
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 998
Barcode 050740
1 provisions of this chapter to file an application and
2 affidavit for a certificate of franchise authority.
3 2. That the applicant has filed or will timely file
4 with the Federal Communications Commission all forms required
5 by that agency in advance of offering cable or video service
6 in this state.
7 3. That the applicant agrees to comply with all
8 applicable federal and state laws and regulations, to the
9 extent such state laws and rules are not in conflict with or
10 superseded by the provisions of this chapter or other
11 applicable state law.
12 4. That the applicant agrees to comply with all state
13 laws and rules and municipal and county ordinances and
14 regulations regarding the placement and maintenance of
15 communications facilities in the public rights-of-way that are
16 generally applicable to providers of communications services
17 in accordance with s. 337.401.
18 5. A description of the service area for which the
19 applicant seeks a certificate of franchise authority, provided
20 on a municipal or countywide basis. The description may be
21 provided in a manner that does not disclose competitively
22 sensitive information. For existing incumbent cable or video
23 service providers that have existing communications
24 facilities, the service area shall be coextensive with the
25 provider's existing network boundaries within the political
26 boundaries of the local jurisdiction where video services are
27 provided. For applicants using telecommunications facilities
28 to provide video services, the service area shall be
29 coextensive with all of the provider's wire centers or
30 exchanges within the political boundaries of the local
31 jurisdiction where video services are provided.
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 998
Barcode 050740
1 6. The location of the applicant's principal place of
2 business, the names of the applicant's principal executive
3 officers, and a physical address sufficient for the purposes
4 of chapter 48.
5 7. That the applicant will file with the department a
6 notice of commencement of service within 5 business days after
7 first providing service in each area described in subparagraph
8 5.
9 8. A statement affirming that the applicant will
10 notify the department of any change of address or contact
11 person.
12 (3) Before the 10th business day after the department
13 receives the application, the department shall notify the
14 applicant whether the application and affidavit described in
15 subsection (3) are complete. If the department rejects the
16 application and affidavit, the department shall specify with
17 particularity the reasons for the rejection and permit the
18 applicant to amend the application or affidavit to cure any
19 deficiency. The department shall act upon the amended
20 application or affidavit within 10 business days after the
21 department's receipt of the amended application or affidavit.
22 (4) The department shall issue a certificate of
23 franchise authority to the applicant before the 15th business
24 day after receipt of an accepted application. The certificate
25 of franchise authority issued by the department shall contain:
26 (a) The name of the certificateholder and its
27 identification number.
28 (b) A grant of authority to provide cable or video
29 service as requested in the application.
30 (c) A grant of authority to construct, maintain, and
31 operate facilities through, upon, over, and under any public
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 998
Barcode 050740
1 right-of-way or waters.
2 (d) A statement that the grant of authority is subject
3 to lawful operation of the cable or video service by the
4 applicant or its successor in interest.
5 (e) A statement that describes the service area for
6 which this certificate of authority applies.
7 (f) A statement that includes the effective date of
8 the commencement of this authority.
9 (5) If the department fails to act on the accepted
10 application within 30 business days after receiving the
11 accepted application, the application shall be deemed approved
12 by the department without further action.
13 (6) A certificateholder that seeks to include
14 additional service areas in its current certificate shall file
15 an amendment to the certificate with the department. Such
16 amendment shall specify the name and address of the
17 certificateholder, the new service area or areas to be served,
18 and the effective date of commencement of operations in the
19 new service area or areas. Such amendment shall be filed with
20 the department within 5 business days after first providing
21 service in each such additional area.
22 (7) The certificate of franchise authority issued by
23 the department is fully transferable to any successor in
24 interest to the applicant to which the certificate is
25 initially granted. A notice of transfer shall be filed with
26 the department and the relevant municipality or county within
27 14 business days following the completion of such transfer.
28 (8) The certificate of franchise authority issued by
29 the department may be terminated by the cable or video service
30 provider by submitting notice to the department.
31 (9) An applicant may challenge a rejection of an
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 998
Barcode 050740
1 application by the department in a court of competent
2 jurisdiction through a petition for mandamus.
3 (10) In executing the provisions of this section, the
4 department shall function in a ministerial capacity accepting
5 information contained in the application and affidavit at face
6 value. The applicant shall ensure continued compliance with
7 all applicable business formation, registration, and taxation
8 provisions of law.
9 (11) The application shall be accompanied by a
10 one-time fee of $10,000. A parent company may file a single
11 application covering itself and all of its subsidiaries and
12 affiliates intending to provide cable or video service in the
13 service areas throughout the state as described in paragraph
14 (3)(d), but the entity actually providing such service in a
15 given area shall otherwise be considered the certificateholder
16 under this act.
17 (12) Beginning 5 years after approval of the
18 certificateholder's initial certificate of franchise issued by
19 the department, and every 5 years thereafter, the
20 certificateholder shall update the information contained in
21 the original application for a certificate of franchise. At
22 the time of filing the information update, the
23 certificateholder shall pay a processing fee of $1,000. Any
24 certificateholder that fails to file the updated information
25 and pay the processing fee on the 5-year anniversary dates
26 shall be subject to cancellation of its state-issued
27 certificate of franchise authority if, upon notice given to
28 the certificateholder at its last address on file with the
29 department, the certificateholder fails to file the updated
30 information and pay the processing fee within 30 days after
31 the date notice was mailed. The application and processing
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 998
Barcode 050740
1 fees imposed in this section shall be paid to the Department
2 of State for deposit into the Operating Trust Fund for
3 immediate transfer by the Chief Financial Officer to the
4 General Inspection Trust Fund of the Department of Agriculture
5 and Consumer Services. The Department of Agriculture and
6 Consumer Services shall maintain a separate account within the
7 General Inspection Trust Fund to distinguish cable franchise
8 revenues from all other funds. The application, any amendments
9 to the certificate, or information updates must be accompanied
10 by a fee to the Department of State equal to that for filing
11 articles of incorporation pursuant to s. 607.0122(1).
12 610.105 Eligibility for state-issued franchise.--
13 (1) A cable or video service provider that has an
14 existing, unexpired franchise to provide cable or video
15 service with respect to a municipality or county as of July 1,
16 2007, is not eligible to apply for a state-issued certificate
17 of franchise authority under this chapter as to that
18 municipality or county until the expiration date of the
19 existing franchise agreement.
20 (2) For purposes of this section, a cable or video
21 service provider will be deemed to have or have had a
22 franchise to provide cable or video service in a specific
23 municipality or county if any affiliate or successor entity of
24 the cable or video service provider has or had an unexpired
25 franchise agreement granted by that specific municipality or
26 county as of July 1, 2007.
27 (3) The term "affiliate or successor entity" in this
28 section refers to an entity receiving, obtaining, or operating
29 under a franchise that directly or indirectly owns or
30 controls, is owned or controlled by, or is under common
31 ownership or control with the cable or video service provider.
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 998
Barcode 050740
1 (4) Any cable or video service provider that has an
2 existing, unexpired franchise to provide cable or video
3 service with respect to a municipality or county as of July 1,
4 2007, is not required to comply with the provisions of that
5 franchise which relate to buildout or customer service
6 standards, which are hereby expressly preempted by s. 610.107
7 and s. 610.108, except that in any municipality or county
8 which there exist franchises with an incumbent cable or video
9 service provider, and one or more non-incumbent cable or
10 service providers, and two or more of those franchises contain
11 buildout requirements, such requirements shall remain
12 effective for the term of the franchises.
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15 ==== D I R E C T O R Y C L A U S E A M E N D M E N T ====
16 And the directory clause is amended as follows:
17 On page 14, line 16, delete the figure "610.106,"
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21 ================ T I T L E A M E N D M E N T ===============
22 And the title is amended as follows:
23 On page 1, line 15, through
24 page 2, line 23, delete those lines
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26 and insert:
27 operate without such a franchise; amending s.
28 337.4061, F.S.; revising definitions; creating
29 ss. 610.102, 610.103, 610.104, 610.105,
30 610.107, 610.108, 610.109, 610.112, 610.113,
31 610.114, 610.115, 610.116, 610.117, 610.118,
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 998
Barcode 050740
1 and 610.119, F.S.; designating the Department
2 of State as the authorizing authority;
3 providing definitions; requiring state
4 authorization to provide cable and video
5 services; providing requirements and
6 procedures; providing for fees; providing
7 duties and responsibilities of the Department
8 of State; providing application procedures and
9 requirements; providing for issuing
10 certificates of franchise authority; providing
11 eligibility requirements and criteria for a
12 certificate; providing for amending a
13 certificate; providing for transferability of
14 certificates; providing for termination of
15 certificates under certain circumstances;
16 providing for challenging a department
17 rejection of an application; providing that the
18 department shall function in a ministerial
19 capacity for certain purposes; providing for an
20 application form; providing for an application
21 fee; requiring certain information updates;
22 providing for a processing fee; providing for
23 cancellation upon notice that information
24 updates and processing fees are not received;
25 providing for an opportunity to cure; providing
26 for transfer of such fees to the Department of
27 Agriculture and Consumer Services; requiring
28 the department to maintain a separate account
29 for cable franchise revenues; providing for
30 fees to the Department of State for certain
31 activities; declaring certain additional
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 998
Barcode 050740
1 obligations on a franchisee against public
2 policy and void; prohibiting imposing
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