CS/CS/HB 529--Cable TV/video service franchises.

The bill establishes the authority to issue statewide cable and video franchises within the Department of State and designates the department as the state franchise authority. The bill removes local government authority to negotiate cable service franchises. The bill creates a new Chapter 610 of the Florida Statutes. The bill provides for definitions and establishes an application procedure for a state-issued certificate of franchise authority by the department. Incumbent cable or video services providers are eligible to immediately apply for a state-issued certificate and the applicable municipal or county franchise is terminated on the date the department issues the state-issued certificate of franchise authority. Certificateholders are required to update information every five years. The bill provides for application and processing fees, most of such fees will be transferred to the Department of Agriculture and Consumer Services. Franchise fees imposed by local governments, except those franchise fees already collected through the Communications Services Tax and permitting fees collected for the use of the right-of-way are prohibited under the bill. Buildout requirements are prohibited. The bill requires that all cable or video service providers must comply with federal requirements as provided in the bill. Local governments that have an office or department dedicated to respond to cable or video service customer complaints may continue to respond to such complaints until July 1, 2009, at which time the Department of Agriculture will have sole customer complaint authority. Guidelines for the number of public, educational, and government channels to be provided are established. Certificate holders must provide the same number of public, educational, and governmental access channels, or their functional equivalent, that a municipality or county has activated under the incumbent cable or video service provider's franchise agreement as of July 1, 2007. The bill provides criteria for additional channels and for two channels if no franchise agreement exists or the local government has no requirements. The bill provides for operation, interconnection, and transmission of video programming. The bill provides for free cable or video services for K-12 public schools, public libraries or local government administrative buildings under certain conditions. Municipalities or counties are prohibited from discriminating against certificateholders for items such as access to rightsofway, buildings, or property or terms and conditions of utility pole attachments. Local authority is limited with regard to certain additional requirements on the certificateholder including financial, operational, and administrative requirements. A local authority may not require the filing of certain documents. The bill prohibits discrimination against subscribers based on race or income, and creates a new section in the Deceptive and Unfair Trade Practices Act, Ch. 501, to enforce the provisions. This section provides for definitions and declares discrimination among residents by a provider of cable or video service unlawful and violation of the section. The bill provides for how a certificateholder may satisfy the section, how to determine whether a violation has occurred, and for enforcement. If a certficateholder is found by a court of competent jurisdiction not in compliance with the requirements of the chapter, it has a reasonable period of time as specified by the court to cure such noncompliance. If an incumbent cable or video service provider is required to operate under its existing franchise, certain conditions also apply to certificateholders that provide service in that area. The Office of Program Policy Analysis and Governmental Accountability and the Department of Agriculture and Consumer Services are required to submit certain reports to the Legislature. The bill repeals statutes related to a 2003 law increasing basic local telecommunications rates and reducing rates for intrastate switched network access that affects long distance rates and adds an automatic enrollment requirement for Lifeline services. The bill makes conforming changes to the Communications Services Tax (CST) and the use of rights-of-way statute. The bill repeals the current cable franchising law in [section]166.046, and the process for the Public Service Commission to consider petitions for reductions in intrastate switched network access rates in [section]364.164. These provisions became law upon approval by the governor. Chapter 2007-29 L.O.F.