Senate Bill sb0322

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    Florida Senate - 2006                                   SB 322

    By Senator Siplin





    19-186-06

  1                      A bill to be entitled

  2         An act relating to Lifeline telecommunications

  3         service; amending s. 364.10, F.S.; directing

  4         eligible telecommunications carriers to provide

  5         specified Lifeline service information to

  6         members of the Legislature; requiring each

  7         carrier providing Lifeline services to prepare

  8         a report each month; providing for the contents

  9         of the report; directing each carrier to send

10         the monthly report to the Public Service

11         Commission and the Office of Public Counsel

12         within a specified time period; providing an

13         effective date.

14  

15  Be It Enacted by the Legislature of the State of Florida:

16  

17         Section 1.  Section 364.10, Florida Statutes, is

18  amended to read:

19         364.10  Undue advantage to person or locality

20  prohibited; Lifeline service; monthly reporting.--

21         (1)  A telecommunications company may not make or give

22  any undue or unreasonable preference or advantage to any

23  person or locality or subject any particular person or

24  locality to any undue or unreasonable prejudice or

25  disadvantage in any respect whatsoever.

26         (2)(a)  Notwithstanding The prohibitions of subsection

27  (1) notwithstanding, an eligible telecommunications carrier

28  shall provide a Lifeline Assistance Plan to qualified

29  residential subscribers, as defined in a commission-approved

30  tariff or price list, and a preferential rate to eligible

31  facilities as provided for in part II. For the purposes of

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    Florida Senate - 2006                                   SB 322
    19-186-06




 1  this section, the term "eligible telecommunications carrier"

 2  means a telecommunications company, as defined by s. 364.02,

 3  which is designated as an eligible telecommunications carrier

 4  by the commission under pursuant to 47 C.F.R. s. 54.201.

 5         (b)  An eligible telecommunications carrier shall offer

 6  a consumer who applies for or receives Lifeline service the

 7  option of blocking all toll calls or, if technically capable,

 8  placing a limit on the number of toll calls a consumer can

 9  make. The eligible telecommunications carrier may not charge

10  the consumer an administrative charge or other additional fee

11  for blocking the service.

12         (c)  An eligible telecommunications carrier may not

13  collect a service deposit in order to initiate Lifeline

14  service if the qualifying low-income consumer voluntarily

15  elects toll blocking or toll limitation. If the qualifying

16  low-income consumer elects not to place toll blocking on the

17  line, an eligible telecommunications carrier may charge a

18  service deposit.

19         (d)  An eligible telecommunications carrier may not

20  charge Lifeline subscribers a monthly number-portability

21  charge.

22         (e)1.  An eligible telecommunications carrier must

23  notify a Lifeline subscriber of impending termination of

24  Lifeline service if the company has a reasonable basis for

25  believing that the subscriber no longer qualifies.

26  Notification of pending termination must be in the form of a

27  letter that is separate from the subscriber's bill.

28         2.  An eligible telecommunications carrier shall allow

29  a subscriber 60 days following the date of the pending

30  termination letter to demonstrate continued eligibility. The

31  subscriber must present proof of continued eligibility. An

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    Florida Senate - 2006                                   SB 322
    19-186-06




 1  eligible telecommunications carrier may transfer a subscriber

 2  off of Lifeline service, pursuant to its tariff, if the

 3  subscriber fails to demonstrate continued eligibility.

 4         3.  The commission shall establish procedures for such

 5  notification and termination.

 6         (f)  An eligible telecommunications carrier shall

 7  timely credit a consumer's bill with the Lifeline Assistance

 8  credit as soon as practicable, but no later than 60 days

 9  following receipt of notice of eligibility from the Office of

10  Public Counsel or proof of eligibility from the consumer.

11         (3)(a)  Effective September 1, 2003, any local exchange

12  telecommunications company authorized by the commission to

13  reduce its switched network access rate under pursuant to s.

14  364.164 shall have tariffed and shall provide Lifeline service

15  to any otherwise eligible customer or potential customer who

16  meets an income eligibility test at 135 percent or less of the

17  federal poverty income guidelines for Lifeline customers. Such

18  a test for eligibility must augment, rather than replace, the

19  eligibility standards established by federal law and based on

20  participation in certain low-income assistance programs. Each

21  intrastate interexchange telecommunications company shall,

22  effective September 1, 2003, file a tariff providing at a

23  minimum the intrastate interexchange telecommunications

24  carrier's current Lifeline benefits and exemptions to Lifeline

25  customers who meet the income eligibility test set forth in

26  this subsection. The Office of Public Counsel shall certify

27  and maintain claims submitted by a customer for eligibility

28  under the income test authorized by this subsection.

29         (b)  Each eligible telecommunications carrier subject

30  to this subsection shall provide to each state and federal

31  agency providing benefits to persons eligible for Lifeline

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    Florida Senate - 2006                                   SB 322
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 1  service and to members of the Legislature applications,

 2  brochures, pamphlets, or other materials that contain

 3  information concerning the inform the persons of their

 4  eligibility criteria for Lifeline, and each state agency

 5  providing the benefits shall furnish the materials to affected

 6  persons at the time they apply for benefits.

 7         (c)  Any local exchange telecommunications company

 8  customer receiving Lifeline benefits is shall not be subject

 9  to any residential basic local telecommunications service rate

10  increases authorized by s. 364.164 until the local exchange

11  telecommunications company reaches parity as defined in s.

12  364.164(5) or until the customer no longer qualifies for the

13  Lifeline benefits established by this section or s. 364.105,

14  or unless otherwise determined by the commission upon petition

15  by a local exchange telecommunications company.

16         (d)  An eligible telecommunications carrier may not

17  discontinue basic local exchange telephone service to a

18  subscriber who receives Lifeline service because of nonpayment

19  by the subscriber of charges for nonbasic services billed by

20  the telecommunications company, including long-distance

21  service. A subscriber who receives Lifeline service shall be

22  required to pay all applicable basic local exchange service

23  fees, including the subscriber line charge, E-911, telephone

24  relay system charges, and applicable state and federal taxes.

25         (e)  An eligible telecommunications carrier may not

26  refuse to connect, reconnect, or provide Lifeline service

27  because of unpaid toll charges or nonbasic charges other than

28  basic local exchange service.

29         (f)  An eligible telecommunications carrier may require

30  that payment arrangements be made for outstanding debt

31  associated with basic local exchange service, subscriber line

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    Florida Senate - 2006                                   SB 322
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 1  charges, E-911, telephone relay system charges, and applicable

 2  state and federal taxes.

 3         (g)  An eligible telecommunications carrier may block a

 4  Lifeline service subscriber's access to all long-distance

 5  service, except for toll-free numbers, and may block the

 6  ability to accept collect calls when the subscriber owes an

 7  outstanding amount for long-distance service or amounts

 8  resulting from collect calls. However, the eligible

 9  telecommunications carrier may not impose a charge for

10  blocking long-distance service. The eligible

11  telecommunications carrier shall remove the block at the

12  request of the subscriber without additional cost to the

13  subscriber upon payment of the outstanding amount. An eligible

14  telecommunications carrier may charge a service deposit before

15  removing the block.

16         (h)  By December 31, 2003, each state agency that

17  provides benefits to persons eligible for Lifeline service

18  shall undertake, in cooperation with the Department of

19  Children and Family Services, the Department of Education, the

20  commission, the Office of Public Counsel, and

21  telecommunications companies providing Lifeline services, the

22  development of procedures to promote Lifeline participation.

23         (i)  The commission shall report to the Governor, the

24  President of the Senate, and the Speaker of the House of

25  Representatives by December 31 each year on the number of

26  customers who are subscribing to Lifeline service and the

27  effectiveness of any procedures to promote participation.

28         (j)  The commission shall adopt rules to administer

29  this section.

30         (4)(a)  Each eligible telecommunications carrier

31  providing Lifeline Assistance services shall prepare a report

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    Florida Senate - 2006                                   SB 322
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 1  each month describing participation by the carrier's customers

 2  in the Lifeline Assistance program. The report must detail the

 3  number of:

 4         1.  Subscribers meeting the income eligibility test.

 5         2.  Applications received for new Lifeline service.

 6         3.  New Lifeline subscribers enrolled.

 7         4.  Subscriber applications rejected by the carrier and

 8  the reasons for each rejection.

 9         5.  Subscribers removed from the Lifeline Assistance

10  program and the reasons for their removal.

11         (b)  By the 15th day of each month, the carrier shall

12  deliver the report for the preceding month to the Public

13  Service Commission and the Office of Public Counsel.

14         Section 2.  This act shall take effect July 1, 2006.

15  

16            *****************************************

17                          SENATE SUMMARY

18    Requires each eligible telecommunications carrier to
      provide specified Lifeline telecommunication service
19    information to members of the Legislature. Requires each
      carrier providing Lifeline services to prepare a report
20    each month. Directs each carrier to send the monthly
      report to the Public Service Commission and the Office of
21    Public Counsel by a specified date.

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