Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. PCS (814916) for SB 998
                        Barcode 183534
                            CHAMBER ACTION
              Senate                               House
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       03/23/2007 12:25 PM         .                    
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11  The Committee on Communications and Public Utilities
12  (Constantine) recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         On page 13, line 28, through
16            page 36, line 2, delete those lines
17  
18  and insert:  
19         Section 6.  Chapter 610, Florida Statutes, consisting
20  of sections 610.102, 610.103, 610.104, 610.105, 610.106,
21  610.107, 610.108, 610.109, and 610.112, is created to read:
22         610.102  Definitions.--As used in this chapter, the
23  term:
24         (1)  "Department" means the Department of Agriculture
25  and Consumer Services.
26         (2)  "Incumbent cable service provider" means the cable
27  service provider serving the largest number of cable
28  subscribers in a particular municipal or county franchise area
29  on July 1, 2007.
30         (3)  "Video programming services" means programming
31  provided by, or generally considered comparable to programming
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    8:38 AM   03/22/07                             s0998c-cu22-t01

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (814916) for SB 998 Barcode 183534 1 provided by, a television broadcast station as set forth in 47 2 U.S.C. s. 522(20), without regard to delivery technology, 3 including Internet protocol technology. The term does not 4 include any video programming service provided by a commercial 5 mobile service provider defined in 47 U.S.C. s. 322(b). 6 610.103 Applicability to competitive video programming 7 services.--A provider of competitive video programming 8 services shall apply for and obtain a certificate of franchise 9 authority under this chapter before providing service in the 10 state. 11 610.104 Authority to issue video programming 12 franchise; eligibility of incumbent cable service provider for 13 statutory certificate of franchise authority.-- 14 (1)(a) The department is designated as the franchising 15 authority in this state, under 47 U.S.C. s. 522(10), for 16 awarding a certificate of franchise authority to provide 17 competitive video programming services. 18 (b) The department shall adopt rules and forms under 19 ss. 120.536(1) and 120.54 which are necessary to administer 20 this chapter. 21 (2)(a) A municipality or county may not grant a new 22 franchise to provide video programming services within its 23 jurisdiction after July 1, 2007. 24 (b) The holder of a current municipal or county 25 franchise under s. 166.046 may elect to terminate the existing 26 franchise and, with the written agreement of the relevant 27 municipality or county, seek a state-issued certificate of 28 franchise authority. 29 (c) If a party to an existing franchise agreement 30 chooses not to terminate the agreement and another video 31 service provider under a state-issued certificate of franchise 2 8:38 AM 03/22/07 s0998c-cu22-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (814916) for SB 998 Barcode 183534 1 authority begins to provide service within the service 2 boundaries of the agreement, the video service provider under 3 a state-issued certificate of franchise shall provide service 4 under the same terms and conditions as the incumbent cable 5 service provider until the agreement is terminated by mutual 6 consent. 7 610.105 Application process; statutory certificate of 8 franchise authority.-- 9 (1)(a) Each person proposing to provide competitive 10 video programming services must apply to the department for a 11 certificate of franchise authority. The application must 12 require the person to provide the following information: 13 1. The name, mailing address, electronic address, 14 telephone number, and contact person of the company intending 15 to provide competitive video programming services. 16 2. The location of the applicant's principal place of 17 business and the names of the applicant's principal executive 18 officers. 19 (b) The application must be accompanied by an 20 affidavit signed by an officer or general partner of the 21 applicant affirming that: 22 1. The applicant agrees to comply with all applicable 23 federal and state laws, rules, and regulations to the extent 24 that such state laws and rules are not in conflict with or 25 superseded by the provisions of this chapter or other 26 applicable state law. 27 2. The applicant agrees to comply with all applicable 28 state laws and rules and municipal and county ordinances and 29 regulations regarding the placement and maintenance of 30 communications facilities in the public right-of-way which are 31 generally applicable to providers of communications services 3 8:38 AM 03/22/07 s0998c-cu22-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (814916) for SB 998 Barcode 183534 1 in accordance with s. 337.401. 2 3. The applicant is authorized by the department to 3 transact business in this state. 4 4. The applicant has sufficient technical, financial, 5 and managerial capabilities to provide video programming 6 services. 7 5. The applicant or any of its current principal 8 executive officers are not under indictment and have mot been 9 convicted of a felony in this state or in any other state or 10 federal jurisdiction. 11 (2) The applicant must submit an application fee as 12 established by the department, but which may not exceed 13 $10,000. The fee shall be based on the costs incurred by the 14 department in performing its duties under this chapter. 15 (3)(a) The department shall notify the applicant if 16 the application and affidavit are complete no later than 10 17 business days after the department receives the application 18 and affidavit. If the department determines that the 19 application or affidavit is incomplete, the department shall 20 specify with particularity the reasons for its determination 21 and allow the applicant to amend the application or affidavit 22 to cure any deficiency. The application approval time is 23 tolled until the applicant cures any deficiency. 24 (b) The department shall issue a certificate of 25 franchise authority to offer video programming services no 26 later than 15 business days after receiving a completed 27 application and affidavit as submitted by an applicant. 28 (c) If the department fails to act on the application 29 within 15 business days after receiving the application and 30 affidavit, the application is deemed granted by the department 31 without further action. 4 8:38 AM 03/22/07 s0998c-cu22-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (814916) for SB 998 Barcode 183534 1 (4) The certificate of franchise authority issued by 2 the department must contain: 3 (a) A grant of authority to provide competitive video 4 programming services within this state. 5 (b) A grant of authority to construct, maintain, and 6 operate facilities through, upon, over, and under any public 7 right-of-way consistent with s. 337.401. 8 (c) A statement that the grant of authority is subject 9 to the lawful operation of the system in providing competitive 10 video programming services by the applicant. 11 (5) The certificate of franchise authority issued by 12 the department may be terminated by the competitive video 13 programming service provider by submitting notice to the 14 department. 15 (6)(a) The department may revoke a certificate of 16 franchise authority if the department determines that the 17 certificateholder is not in compliance with the requirements 18 of this chapter. The department shall notify the 19 certificateholder of its pending revocation by registered 20 mail, return receipt requested, specifically stating the 21 grounds for noncompliance. 22 (b) If the certificateholder fails to cure the 23 noncompliance within 30 days, its certificate of franchise 24 authority is revoked. 25 (7) The certificateholder shall notify the department 26 within 14 days following any change to the information 27 provided in the application. 28 (8) Beginning 5 years after approval of the 29 certificateholder's initial certificate of franchise, and 30 every 5 years thereafter, the certificateholder shall file a 31 renewal notice accompanied by an affidavit that contains the 5 8:38 AM 03/22/07 s0998c-cu22-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (814916) for SB 998 Barcode 183534 1 information required by subsection (1). At the time of filing 2 the renewal notice, the certificateholder shall pay a fee, 3 which may not exceed $10,000, established by the department. 4 The fee shall be based on the costs incurred by the department 5 in performing its duties under this chapter. Upon receipt of 6 the notice of renewal and payment of the fee, the certificate 7 shall be deemed automatically renewed unless the department 8 files a notice of deficiency within 30 days. The 9 certificateholder has 30 days to cure any deficiency in its 10 renewal notice. 11 610.106 Buildout.--A franchise authority, state 12 agency, or political subdivision may not impose any buildout 13 requirements on a certificateholder. 14 610.107 Customer service standards.-- 15 (1) Providers of competitive video programming 16 services shall comply with the customer service standards in 17 47 C.F.R. s. 76.309(c). 18 (2) The department shall receive complaints from 19 customers of a certificateholder and shall address the 20 complaints by expeditiously resolving the complaints between 21 the complainant and the certificateholder. 22 (3) A municipality or county may request that 23 complaints from customers within the jurisdiction of the 24 municipality or county regarding the quality of video 25 programming services be filed with an appropriate municipal or 26 county office or agency for informal dispute resolution. 27 610.108 Public, educational, and governmental access 28 channels.-- 29 (1) A certificateholder, no later than 180 days 30 following a request by a municipality or county within whose 31 jurisdiction the certificateholder is providing cable or video 6 8:38 AM 03/22/07 s0998c-cu22-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (814916) for SB 998 Barcode 183534 1 service, shall designate a sufficient amount of capacity on 2 its network to allow the provision of public, educational, and 3 governmental access channels for noncommercial programming as 4 set forth in this section, except that a holder of a 5 state-issued certificate of authority granted pursuant to s. 6 610.105 shall be required to satisfy the public, educational, 7 and government access channel capacity obligations specified 8 in this section upon issuance of such certificate for any 9 service area covered by such certificate that is located 10 within the service area that was covered by the incumbent 11 cable or video service provider's terminated franchise. 12 (2) A certificateholder shall designate a sufficient 13 amount of capacity on its network to allow the provision of a 14 comparable number of public, educational, and governmental 15 access channels or capacity equivalent that a municipality or 16 county has activated under the incumbent cable service 17 provider's franchise agreement as of January 1, 2007. For the 18 purposes of this section, a public, educational, or 19 governmental channel is deemed activated if the channel is 20 being used for public, educational, or governmental 21 programming, excluding without limitation repeat and 22 character-generated programming, for any 6 consecutive-month 23 period. The municipality or county may request additional 24 channels or capacity permitted under the incumbent cable 25 service provider's franchise agreement as of January 1, 2007. 26 A cable or video service provider may locate any public, 27 educational, or governmental access channel on any tier of 28 service offered that is viewed by at least 40 percent of the 29 provider's subscribers. 30 (3) If a municipality or county did not have public, 31 educational, or governmental access channels activated under 7 8:38 AM 03/22/07 s0998c-cu22-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (814916) for SB 998 Barcode 183534 1 the incumbent cable service provider's franchise agreement as 2 of July 1, 2007, not later than 12 months following a request 3 by the municipality or county within whose jurisdiction a 4 certificateholder is providing cable or video service, the 5 cable or video service provider shall furnish: 6 (a) Up to three public, educational, or governmental 7 channels or capacity equivalent for a municipality or county 8 with a population of at least 50,000. 9 (b) Up to two public, educational, or governmental 10 channels or capacity equivalent for a municipality or county 11 with a population of less than 50,000. 12 (4) Any public, educational, or governmental channel 13 provided pursuant to this section that is not used by the 14 municipality or county for at least 10 hours a day shall no 15 longer be made available to the municipality or county but may 16 be programmed at the cable or video service provider's 17 discretion. At such time as the municipality or county can 18 certify to the cable or video service provider a schedule that 19 meets the criteria in this section, the cable or video service 20 provider shall restore the previously lost channel and may 21 carry that channel on any tier of service offered that is 22 viewed by at least 40 percent of the provider's subscribers. 23 (5) If a municipality or county has not used the 24 number of access channels or capacity equivalent permitted by 25 subsection (3), access to the additional channels or capacity 26 equivalent allowed in subsection (3) shall be provided upon 12 27 month's written notice if the municipality or county meets the 28 following standard: if a municipality or county has one active 29 public, educational, or governmental channel and wishes to 30 activate an additional public, educational, or governmental 31 channel, the initial channel shall be considered to be 8 8:38 AM 03/22/07 s0998c-cu22-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (814916) for SB 998 Barcode 183534 1 substantially used when 12 hours are programmed on that 2 channel each calendar day. In addition, at least 40 percent of 3 the 12 hours of programming for each business day on average 4 over each calendar quarter must be nonrepeat programming. 5 Nonrepeat programming shall include the first three 6 videocastings of a program. If a municipality or county is 7 entitled to three public, educational, or governmental 8 channels under subsection (3) and has in service two active 9 public, educational, or governmental channels, each of the two 10 active channels shall be considered to be substantially used 11 when 12 hours are programmed on each channel each calendar day 12 and at least 50 percent of the 12 hours of programming for 13 each business day on average over each calendar quarter is 14 nonrepeat programming for three consecutive calendar quarters. 15 (6) The operation of any public, educational, or 16 governmental access channel or capacity equivalent provided 17 under this section shall be the responsibility of the 18 municipality or county receiving the benefit of such channel 19 or capacity equivalent, and a certificateholder bears only the 20 responsibility for the transmission of such channel content. A 21 certificateholder shall be responsible for providing the 22 connectivity to each public, educational, or governmental 23 access channel distribution point up to the first 200 feet 24 from the certificateholder's activated cable or video 25 transmission system. 26 (7) The municipality or county shall ensure that all 27 transmissions, content, or programming to be transmitted over 28 a channel or facility by a certificateholder are provided or 29 submitted to the cable or video service provider in a manner 30 or form that is capable of being accepted and transmitted by a 31 provider without any requirement for additional alteration or 9 8:38 AM 03/22/07 s0998c-cu22-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (814916) for SB 998 Barcode 183534 1 change in the content by the provider, over the particular 2 network of the cable or video service provider, which is 3 compatible with the technology or protocol used by the cable 4 or video service provider to deliver services. The provision 5 of public, educational, or governmental content to the 6 provider constitutes authorization for the provider to carry 7 such content, including, at the provider's option, 8 authorization to carry the content beyond the jurisdictional 9 boundaries of the municipality or county. 10 (8) Where technically feasible, a certificateholder 11 and an incumbent cable service provider shall use reasonable 12 efforts to interconnect their networks for the purpose of 13 providing public, educational, and governmental programming. 14 Interconnection may be accomplished by direct cable, microwave 15 link, satellite, or other reasonable method of connection. 16 Certificateholders and incumbent cable service providers shall 17 negotiate in good faith and incumbent cable service providers 18 may not withhold interconnection of public, educational, and 19 governmental channels. 20 (9) A certificateholder is not required to 21 interconnect for, or otherwise to transmit, public, 22 educational, and governmental content that is branded with the 23 logo, name, or other identifying marks of another cable or 24 video service provider, and a municipality or county may 25 require a cable or video service provider to remove its logo, 26 name, or other identifying marks from public, educational, and 27 governmental content that is to be made available to another 28 provider. 29 (10) A court of competent jurisdiction shall have 30 exclusive jurisdiction to enforce any requirement under this 31 section. 10 8:38 AM 03/22/07 s0998c-cu22-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (814916) for SB 998 Barcode 183534 1 (11) In support of the capital costs incurred by the 2 municipality or county in connection with the construction or 3 operation of public, educational, or governmental access 4 facilities and content provided by a municipality or county 5 under this section, the certificateholder shall pay to the 6 municipality or county 1.5 percent of the certificateholder's 7 sales price as defined in s. 202.11(13), for the retail sale 8 of video programming services provided to customers located 9 within the respective municipal or county boundaries, based 10 upon the certificateholder's books and records. 11 (12) This section shall stand repealed on June 30, 12 2012, unless reviewed and saved from repeal through 13 reenactment by the Legislature. 14 610.109 Discrimination prohibited.--Pursuant to 47 15 U.S.C. s. 541(a)(3), a certificateholder may not deny access 16 to service to any group of potential residential subscribers 17 because of the income of the residents in the local area in 18 which such group resides. 19 610.112 Compliance.--A court of competent jurisdiction 20 has the authority to enforce this chapter. 21 22 23 ================ T I T L E A M E N D M E N T =============== 24 And the title is amended as follows: 25 On page 1, line 16, through 26 page 4, line 20, delete those lines 27 28 and insert: 29 ch. 610, F.S., providing definitions; requiring 30 a provider of competitive video programming 31 services to apply for a certificate of 11 8:38 AM 03/22/07 s0998c-cu22-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (814916) for SB 998 Barcode 183534 1 franchise authority; designating the Department 2 of Agriculture and Consumer Services as the 3 authority to issue statewide video programming 4 franchises; authorizing the commission to adopt 5 rules; prohibiting counties and municipalities 6 from awarding video franchises after a 7 specified date; authorizing eligible incumbent 8 cable providers to continue to provide 9 services; providing an application process for 10 obtaining a video programming franchise; 11 providing conditions by which the commission 12 may revoke the certificate of franchise; 13 providing procedures for renewing a certificate 14 of franchise authority after 5 years of 15 service; prohibiting designated governmental 16 agencies from requiring a buildout plan; 17 providing customer service standards; providing 18 for public, educational, and governmental 19 access channels; providing for future 20 legislative review and repeal; prohibiting 21 discrimination by a certificateholder against a 22 group of potential residential subscribers; 23 requiring courts of competent jurisdiction to 24 enforce the act; 25 26 27 28 29 30 31 12 8:38 AM 03/22/07 s0998c-cu22-t01