Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 2626
       
       
       
       
       
       
                                Barcode 701772                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/24/2009           .                                
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       The Committee on Communications, Energy, and Public Utilities
       (Haridopolos) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. This act may be cited as the “Consumer Choice
    7  and Protection Act.”
    8         Section 2. Section 364.013, Florida Statutes, is amended to
    9  read:
   10         364.013 Emerging and advanced services.—Broadband service
   11  and the provision of voice-over-Internet-protocol (VoIP) shall
   12  be free of state regulation, except as delineated in this
   13  chapter or as specifically authorized by federal law, regardless
   14  of the provider, platform, or protocol. Notwithstanding the
   15  exemptions in this chapter, a competitive local exchange
   16  telecommunications company is entitled to interconnection with a
   17  local exchange telecommunications company to transmit and route
   18  voice traffic between both the competitive local exchange
   19  telecommunications company and the local exchange
   20  telecommunications company regardless of the technology by which
   21  the voice traffic is originated by and terminated to an end
   22  user. The commission shall afford such competitive local
   23  exchange telecommunications company all substantive and
   24  procedural rights available to such companies regarding
   25  interconnection under the law.
   26         Section 3. Section 364.02, Florida Statutes, is amended to
   27  read:
   28         364.02 Definitions.—As used in this chapter, the term:
   29         (1) “Basic local telecommunications service” means voice
   30  grade, single-line, flat-rate residential, and flat-rate single
   31  line business local exchange service that provides services
   32  which provide dial tone, local usage necessary to place
   33  unlimited calls within a local exchange area, dual tone
   34  multifrequency dialing, and access to the following: emergency
   35  services such as “911,” all locally available interexchange
   36  companies, directory assistance, operator services, relay
   37  services, and an alphabetical directory listing. For a local
   38  exchange telecommunications company, the term includes shall
   39  include any extended area service routes, and extended calling
   40  service in existence or ordered by the commission on or before
   41  July 1, 1995.
   42         (2) “Broadband service” means any service that consists of
   43  or includes the offering of the capability to transmit or
   44  receive information at a rate that is not less than 200 kilobits
   45  per second and either:
   46         (a) Is used to provide access to the Internet; or
   47         (b) Provides computer processing, information storage,
   48  information content, or protocol conversion in combination with
   49  the service.
   50  
   51  The definition of broadband service does not include any
   52  intrastate telecommunications services that have been tariffed
   53  with the commission on or before January 1, 2005.
   54         (3) “Commercial mobile radio service provider” means a
   55  commercial mobile radio service provider as defined by and
   56  pursuant to 47 U.S.C. ss. 153(n) and 332(d).
   57         (4) “Commission” means the Florida Public Service
   58  Commission.
   59         (5) “Competitive local exchange telecommunications company”
   60  means any company certificated by the commission to provide
   61  local exchange telecommunications services in this state on or
   62  after July 1, 1995.
   63         (6) “Corporation” includes a corporation, company,
   64  association, or joint stock association.
   65         (7) “Intrastate interexchange telecommunications company”
   66  means any entity that provides intrastate interexchange
   67  telecommunications services.
   68         (8) “Local exchange telecommunications company” means any
   69  company certificated by the commission to provide local exchange
   70  telecommunications service in this state on or before June 30,
   71  1995.
   72         (9) “Monopoly service” means a telecommunications service
   73  for which there is no effective competition, either in fact or
   74  by operation of law.
   75         (10) “Nonbasic service” means any telecommunications
   76  service provided by a local exchange telecommunications company
   77  other than a basic local telecommunications service, a local
   78  interconnection arrangement described in s. 364.16, or a network
   79  access service described in s. 364.163. Any combination of basic
   80  service along with a nonbasic service or an unregulated service
   81  is nonbasic service.
   82         (11) “Operator service” includes, but is not limited to,
   83  billing or completion of third-party, person-to-person, collect,
   84  or calling card or credit card calls through the use of a live
   85  operator or automated equipment.
   86         (12) “Operator service provider” means a person who
   87  furnishes operator service through a call aggregator.
   88         (13) “Service” is to be construed in its broadest and most
   89  inclusive sense. The term “service” does not include broadband
   90  service or voice-over-Internet protocol service for purposes of
   91  regulation by the commission. Nothing herein shall affect the
   92  rights and obligations of any entity related to the payment of
   93  switched network access rates or other intercarrier
   94  compensation, if any, related to voice-over-Internet protocol
   95  service. Notwithstanding s. 364.013, and the exemption of
   96  services pursuant to this subsection, the commission may
   97  arbitrate, enforce, or approve interconnection agreements, and
   98  resolve disputes as provided by 47 U.S.C. ss. 251 and 252, or
   99  any other applicable federal law or regulation. With respect to
  100  the services exempted in this subsection, regardless of the
  101  technology, the duties of a local exchange telecommunications
  102  company are only those that the company is obligated to extend
  103  or provide under applicable federal law and regulations.
  104         (14) “Telecommunications company” includes every
  105  corporation, partnership, and person and their lessees,
  106  trustees, or receivers appointed by any court whatsoever, and
  107  every political subdivision in the state, offering two-way
  108  telecommunications service to the public for hire within this
  109  state by the use of a telecommunications facility. The term
  110  “telecommunications company” does not include:
  111         (a) An entity that which provides a telecommunications
  112  facility exclusively to a certificated telecommunications
  113  company;
  114         (b) An entity that which provides a telecommunications
  115  facility exclusively to a company which is excluded from the
  116  definition of a telecommunications company under this
  117  subsection;
  118         (c) A commercial mobile radio service provider;
  119         (d) A facsimile transmission service;
  120         (e) A private computer data network company not offering
  121  service to the public for hire;
  122         (f) A cable television company providing cable service as
  123  defined in 47 U.S.C. s. 522; or
  124         (g) An intrastate interexchange telecommunications company.
  125  
  126  However, each commercial mobile radio service provider and each
  127  intrastate interexchange telecommunications company shall
  128  continue to be liable for any taxes imposed under chapters 202,
  129  203, and 212 and any fees assessed under s. 364.025. Each
  130  intrastate interexchange telecommunications company shall
  131  continue to be subject to ss. 364.04, 364.10(3)(a) and (c)(d),
  132  364.163, 364.285, 364.336, 364.501, 364.603, and 364.604, shall
  133  provide the commission with the current information as the
  134  commission deems necessary to contact and communicate with the
  135  company, and shall continue to pay intrastate switched network
  136  access rates or other intercarrier compensation to the local
  137  exchange telecommunications company or the competitive local
  138  exchange telecommunications company for the origination and
  139  termination of interexchange telecommunications service, and
  140  shall reduce its intrastate long distance toll rates in
  141  accordance with former s. 364.163(2).
  142         (15) “Telecommunications facility” includes real estate,
  143  easements, apparatus, property, and routes used and operated to
  144  provide two-way telecommunications service to the public for
  145  hire within this state.
  146         (16) “VoIP” means the voice-over-Internet protocol as that
  147  term is defined in federal law.
  148         Section 4. Section 364.04, Florida Statutes, is amended to
  149  read:
  150         364.04 Schedules of rates, tolls, rentals, contracts, and
  151  charges; filing; public inspection.—
  152         (1) Upon order of the commission, Every telecommunications
  153  company shall publish through electronic or physical media file
  154  with the commission, and shall print and keep open to public
  155  inspection, schedules showing the rates, tolls, rentals,
  156  contracts, and charges of that company for service to be
  157  performed within the state. A telecommunications company may, as
  158  an option, file the published schedules with the commission or
  159  publish its schedules through other reasonably publicly
  160  accessible means, including on a website. A telecommunications
  161  company that does not file its schedules with the commission
  162  shall inform its customers where a customer may view the
  163  telecommunications company’s schedules.
  164         (2) The schedules schedule, as printed and open to public
  165  inspection, shall plainly state the places between which
  166  telecommunications service will be rendered and shall also state
  167  separately all charges and all privileges or facilities granted
  168  or allowed and any rules or regulations or forms of contract
  169  which may in anywise change, affect, or determine any of the
  170  aggregate of the rates, tolls, rentals, or charges for the
  171  service rendered.
  172         (3)A schedule shall be plainly printed in large type, and
  173  a copy thereof shall be kept by every telecommunications company
  174  readily accessible to, and for convenient inspection by, the
  175  public at such places as may be designated by the commission.
  176  Any such schedule shall be immediately produced by the
  177  telecommunications company upon the demand of any person.
  178         (4)A notice printed in bold type and stating that such
  179  schedules are on file and open to inspection by any person, the
  180  places where the schedules are kept, and that the agent will
  181  assist any person to determine from such schedules any rate,
  182  toll, rental, rule, or regulation which is in force shall be
  183  kept posted by every telecommunications company as the
  184  commission designates.
  185         Section 5. Paragraph (c) of subsection (1), paragraph (c)
  186  of subsection (2), paragraph (b) of subsection (4), and
  187  subsection (5) of section 364.051, Florida Statutes, are amended
  188  to read:
  189         364.051 Price regulation.—
  190         (1) SCHEDULE.—Notwithstanding any other provisions of this
  191  chapter, the following local exchange telecommunications
  192  companies shall become subject to the price regulation described
  193  in this section on the following dates:
  194         (c) Each company subject to this section is shall be exempt
  195  from rate base, rate of return regulation, and the requirements
  196  of ss. 364.03, 364.035, 364.037, 364.05, 364.055, 364.14,
  197  364.17, and 364.18, and 364.19.
  198         (2) BASIC LOCAL TELECOMMUNICATIONS SERVICE.—Price
  199  regulation of basic local telecommunications service shall
  200  consist of the following:
  201         (c) There shall be a flat-rate pricing option for basic
  202  local telecommunications service services, and mandatory
  203  measured service for basic local telecommunications service
  204  services shall not be imposed.
  205         (4)
  206         (b) For purposes of this section, evidence of damage
  207  occurring to the lines, plants, or facilities of a local
  208  exchange telecommunications company that is subject to the
  209  carrier-of-last-resort obligations, which damage is the result
  210  of a tropical system occurring after June 1, 2005, and named by
  211  the National Hurricane Center, constitutes a compelling showing
  212  of changed circumstances.
  213         1. A company may file a petition to recover its intrastate
  214  costs and expenses relating to repairing, restoring, or
  215  replacing the lines, plants, or facilities damaged by a named
  216  tropical system.
  217         2. The commission shall verify the intrastate costs and
  218  expenses submitted by the company in support of its petition.
  219         3. The company must show and the commission shall determine
  220  whether the intrastate costs and expenses are reasonable under
  221  the circumstances for the named tropical system.
  222         4. A company having a storm-reserve fund may recover
  223  tropical-system-related costs and expenses from its customers
  224  only in excess of any amount available in the storm-reserve
  225  fund.
  226         5. The commission may determine the amount of any increase
  227  that the company may charge its customers, but the charge per
  228  line item may not exceed 50 cents per month per customer line
  229  for a period of not more than 12 months.
  230         6. The commission may order the company to add an equal
  231  line-item charge per access line to the billing statement of the
  232  company’s retail basic local telecommunications service
  233  customers, its retail nonbasic telecommunications service
  234  customers, and, to the extent the commission determines
  235  appropriate, its wholesale loop unbundled network element
  236  customers. At the end of the collection period, the commission
  237  shall verify that the collected amount does not exceed the
  238  amount authorized by the order. If collections exceed the
  239  ordered amount, the commission shall order the company to refund
  240  the excess.
  241         7. In order to qualify for filing a petition under this
  242  paragraph, a company with 1 million or more access lines, but
  243  fewer than 3 million access lines, must have tropical-system
  244  related costs and expenses exceeding $1.5 million, and a company
  245  with 3 million or more access lines must have tropical-system
  246  related costs and expenses of $5 million or more. A company with
  247  fewer than 1 million access lines is not required to meet a
  248  minimum damage threshold in order to qualify to file a petition
  249  under this paragraph.
  250         8. A company may file only one petition for storm recovery
  251  in any 12-month period for the previous storm season, but the
  252  application may cover damages from more than one named tropical
  253  system.
  254  
  255  This paragraph is not intended to adversely affect the
  256  commission’s consideration of any petition for an increase in
  257  basic rates to recover costs related to storm damage which was
  258  filed before the effective date of this act.
  259         (5) NONBASIC SERVICES.—Price regulation of nonbasic
  260  services shall consist of the following:
  261         (a) Each company subject to this section shall, at its
  262  option, maintain tariffs with the commission or otherwise
  263  publicly publish the terms, conditions, and rates for each of
  264  its nonbasic services, and may set or change, on 1 day’s notice,
  265  the rate for each of its nonbasic services. For a company
  266  electing to publicly publish the terms, conditions, and rates
  267  for each of its nonbasic services, the commission may establish
  268  guidelines for the publication. The guidelines may not require
  269  more information than what is required to be filed with a
  270  tariff. The price increase for any nonbasic service category
  271  shall not exceed 6 percent within a 12-month period until there
  272  is another provider providing local telecommunications service
  273  in an exchange area at which time the price for any nonbasic
  274  service category may be increased in an amount not to exceed 20
  275  percent within a 12-month period, and the rate shall be
  276  presumptively valid. However, for purposes of this subsection,
  277  the prices of:
  278         1.A voice-grade, flat-rate, multi-line business local
  279  exchange service, including multiple individual lines, centrex
  280  lines, private branch exchange trunks, and any associated
  281  hunting services, that provides dial tone and local usage
  282  necessary to place a call within a local exchange calling area;
  283  and
  284         2.Telecommunications services provided under contract
  285  service arrangements to the SUNCOM Network, as defined in
  286  chapter 282,
  287  
  288  shall be capped at the rates in effect on July 1, 1995, and such
  289  rates shall not be increased prior to January 1, 2000; provided,
  290  however, that a petition to increase such rates may be filed
  291  pursuant to subsection (4) utilizing the standards set forth
  292  therein. There shall be a flat-rate pricing option for multi
  293  line business local exchange service, and mandatory measured
  294  service for multi-line business local exchange service shall not
  295  be imposed. Nothing contained in This chapter does not section
  296  shall prevent the local exchange telecommunications company from
  297  meeting offerings by any competitive provider of the same, or
  298  functionally equivalent, nonbasic services in a specific
  299  geographic market or to a specific customer by deaveraging the
  300  price of any nonbasic service, packaging nonbasic services
  301  together or with basic services, using volume discounts and term
  302  discounts, and offering individual contracts. However, the local
  303  exchange telecommunications company may shall not engage in any
  304  anticompetitive act or practice or, nor unreasonably
  305  discriminate among similarly situated customers.
  306         (b) The commission has shall have continuing regulatory
  307  oversight of nonbasic services for purposes of ensuring
  308  resolution of service complaints, preventing cross-subsidization
  309  of nonbasic services with revenues from basic services, and
  310  ensuring that all providers are treated fairly in the
  311  telecommunications market. The price charged to a consumer for a
  312  nonbasic service shall cover the direct costs of providing the
  313  service. The cost standard for determining cross-subsidization
  314  is whether the total revenue from a nonbasic service is less
  315  than the total long-run incremental cost of the service. Total
  316  long-run incremental cost means service-specific volume and
  317  nonvolume-sensitive costs.
  318         (c)The price charged to a consumer for a nonbasic service
  319  shall cover the direct costs of providing the service and shall,
  320  to the extent a cost is not included in the direct cost, include
  321  as an imputed cost the price charged by the company to
  322  competitors for any monopoly component used by a competitor in
  323  the provision of its same or functionally equivalent service.
  324         Section 6. Section 364.08, Florida Statutes, is amended to
  325  read:
  326         364.08 Unlawful to charge other than schedule rates or
  327  charges; free service and reduced rates prohibited.—
  328         (1) A telecommunications company may not charge, demand,
  329  collect, or receive for any service rendered or to be rendered
  330  any compensation other than the charge applicable to such
  331  service as specified in its schedule on file or otherwise
  332  published and in effect at that time. A telecommunications
  333  company may not refund or remit, directly or indirectly, any
  334  portion of the rate or charge so specified or extend to any
  335  person any advantage of contract or agreement or the benefit of
  336  any rule or regulation or any privilege or facility not
  337  regularly and uniformly extended to all persons under like
  338  circumstances for like or substantially similar service.
  339         (2) A telecommunications company subject to this chapter
  340  may provide not, directly or indirectly, give any free or
  341  reduced service between points within this state. However, it
  342  shall be lawful for the commission to authorize employee
  343  concessions without approval by the commission if in the public
  344  interest.
  345         Section 7. Section 364.09, Florida Statutes, is repealed.
  346         Section 8. Subsection (3) of section 364.10, Florida
  347  Statutes, is amended to read:
  348         364.10 Undue advantage to person or locality prohibited;
  349  Lifeline service.—
  350         (3)(a) Each Effective September 1, 2003, any local exchange
  351  telecommunications company that has more than 1 million access
  352  lines and that is designated as an eligible telecommunications
  353  carrier authorized by the commission to reduce its switched
  354  network access rate pursuant to s. 364.164 shall have tariffed
  355  and shall provide Lifeline service to any otherwise eligible
  356  customer or potential customer who meets an income eligibility
  357  test at 135 percent or less of the federal poverty income
  358  guidelines for Lifeline customers. Such a test for eligibility
  359  must augment, rather than replace, the eligibility standards
  360  established by federal law and based on participation in certain
  361  low-income assistance programs. Each intrastate interexchange
  362  telecommunications company shall, effective September 1, 2003,
  363  file or publish a schedule tariff providing at a minimum the
  364  intrastate interexchange telecommunications carrier’s current
  365  Lifeline benefits and exemptions to Lifeline customers who meet
  366  the income eligibility test set forth in this subsection. The
  367  Office of Public Counsel shall certify and maintain claims
  368  submitted by a customer for eligibility under the income test
  369  authorized by this subsection.
  370         (b) Each eligible telecommunications carrier subject to
  371  this subsection shall provide to each state and federal agency
  372  providing benefits to persons eligible for Lifeline service
  373  applications, brochures, pamphlets, or other materials that
  374  inform the persons of their eligibility for Lifeline, and each
  375  state agency providing the benefits shall furnish the materials
  376  to affected persons at the time they apply for benefits.
  377         (c) Any local exchange telecommunications company customer
  378  receiving Lifeline benefits shall not be subject to any
  379  residential basic local telecommunications service rate
  380  increases authorized by s. 364.164 until the local exchange
  381  telecommunications company reaches parity as defined in s.
  382  364.164(5) or until the customer no longer qualifies for the
  383  Lifeline benefits established by this section or s. 364.105, or
  384  unless otherwise determined by the commission upon petition by a
  385  local exchange telecommunications company.
  386         (d) An eligible telecommunications carrier may not
  387  discontinue basic local exchange telephone service to a
  388  subscriber who receives Lifeline service because of nonpayment
  389  by the subscriber of charges for nonbasic services billed by the
  390  telecommunications company, including long-distance service. A
  391  subscriber who receives Lifeline service shall be required to
  392  pay all applicable basic local exchange service fees, including
  393  the subscriber line charge, E-911, telephone relay system
  394  charges, and applicable state and federal taxes.
  395         (e) An eligible telecommunications carrier may not refuse
  396  to connect, reconnect, or provide Lifeline service because of
  397  unpaid toll charges or nonbasic charges other than basic local
  398  exchange service.
  399         (f) An eligible telecommunications carrier may require that
  400  payment arrangements be made for outstanding debt associated
  401  with basic local exchange service, subscriber line charges, E
  402  911, telephone relay system charges, and applicable state and
  403  federal taxes.
  404         (g) An eligible telecommunications carrier may block a
  405  Lifeline service subscriber’s access to all long-distance
  406  service, except for toll-free numbers, and may block the ability
  407  to accept collect calls when the subscriber owes an outstanding
  408  amount for long-distance service or amounts resulting from
  409  collect calls. However, the eligible telecommunications carrier
  410  may not impose a charge for blocking long-distance service. The
  411  eligible telecommunications carrier shall remove the block at
  412  the request of the subscriber without additional cost to the
  413  subscriber upon payment of the outstanding amount. An eligible
  414  telecommunications carrier may charge a service deposit before
  415  removing the block.
  416         (h)1. By December 31, 2007, each state agency that provides
  417  benefits to persons eligible for Lifeline service shall
  418  undertake, in cooperation with the Department of Children and
  419  Family Services, the Department of Education, the commission,
  420  the Office of Public Counsel, and telecommunications companies
  421  providing Lifeline services, the development of procedures to
  422  promote Lifeline participation.
  423         2. If any state agency determines that a person is eligible
  424  for Lifeline services, the agency shall immediately forward the
  425  information to the commission to ensure that the person is
  426  automatically enrolled in the program with the appropriate
  427  eligible telecommunications carrier. The state agency shall
  428  include an option for an eligible customer to choose not to
  429  subscribe to the Lifeline service. The Public Service Commission
  430  and the Department of Children and Family Services shall, no
  431  later than December 31, 2007, adopt rules creating procedures to
  432  automatically enroll eligible customers in Lifeline service.
  433         3. The commission, the Department of Children and Family
  434  Services, and the Office of Public Counsel shall enter into a
  435  memorandum of understanding establishing the respective duties
  436  of the commission, the department, and the public counsel with
  437  respect to the automatic enrollment procedures no later than
  438  December 31, 2007.
  439         (i) The commission shall report to the Governor, the
  440  President of the Senate, and the Speaker of the House of
  441  Representatives by December 31 each year on the number of
  442  customers who are subscribing to Lifeline service and the
  443  effectiveness of any procedures to promote participation.
  444         (j) The commission shall adopt rules to administer this
  445  section.
  446         Section 9. Section 364.15, Florida Statutes, is amended to
  447  read:
  448         364.15 Compelling repairs, improvements, changes,
  449  additions, or extensions.—Whenever the commission finds, on its
  450  own motion or upon complaint, that repairs or improvements to,
  451  or changes in, any telecommunications facility ought reasonably
  452  to be made, or that any additions or extensions should
  453  reasonably be made to any telecommunications facility, in order
  454  to promote the security or convenience of the public or
  455  employees or in order to secure adequate service or facilities
  456  for basic local telecommunications services consistent with the
  457  requirements set forth in this chapter, the commission shall
  458  make and serve an order directing that such repairs,
  459  improvements, changes, additions, or extensions be made in the
  460  manner to be specified in the order. This section authorizes the
  461  commission to impose only those requirements that it is
  462  otherwise authorized to impose under this chapter.
  463         Section 10. Section 364.33, Florida Statutes, is amended to
  464  read:
  465         364.33 Certificate of necessity prerequisite to
  466  construction, operation, or control of telecommunications
  467  facilities.—Except for a transfer of a certificate of necessity
  468  from one person to another as provided in this section, a person
  469  may not begin the construction or operation of any
  470  telecommunications facility, or any extension thereof for the
  471  purpose of providing telecommunications services to the public,
  472  or acquire ownership or control thereof, in whatever manner,
  473  including the acquisition, transfer, or assignment of majority
  474  organizational control or controlling stock ownership, without
  475  prior approval. A certificate of necessity may be transferred
  476  from a person holding a certificate to another person holding a
  477  certificate, and a person holding a certificate may acquire
  478  ownership or control of a telecommunications facility through
  479  the acquisition, transfer, or assignment of majority
  480  organizational control or controlling stock ownership of a
  481  person holding a certificate without prior approval of the
  482  commission by giving 60 days’ written notice of the transfer or
  483  change of control to the commission and affected customers. This
  484  section does not require approval by the commission prior to the
  485  construction, operation, or extension of a facility by a
  486  certificated company within its certificated area nor in any way
  487  limit the commission’s ability to review the prudence of such
  488  construction programs for ratemaking as provided under this
  489  chapter.
  490         Section 11. Subsection (4) of section 364.335, Florida
  491  Statutes, is amended to read:
  492         364.335 Application for certificate.—
  493         (4) Except as provided in s. 364.33, revocation,
  494  suspension, transfer, or amendment of a certificate shall be
  495  subject to the provisions of this section; except that, when the
  496  commission initiates the action, the commission shall furnish
  497  notice to the appropriate local government and to the Public
  498  Counsel.
  499         Section 12. Section 364.3376, Florida Statutes, is amended
  500  to read:
  501         364.3376 Operator services.—
  502         (1)(a) A person may not provide operator services as
  503  defined in s. 364.02 without first obtaining from the commission
  504  a certificate of public convenience and necessity as an operator
  505  services provider.
  506         (b) This section does not apply to operator services
  507  provided by a local exchange telecommunications company or by an
  508  intrastate interexchange telecommunications company, except as
  509  required by the commission in the public interest.
  510         (2) Notwithstanding any finding by the commission that a
  511  service or facility is subject to competition and should be
  512  regulated pursuant to s. 364.338, All intrastate operator
  513  service providers are subject to the jurisdiction of the
  514  commission and shall render operator services pursuant to
  515  schedules in accordance with s. 364.04 tariffs approved by the
  516  commission.
  517         (3)For operator services, the commission shall establish
  518  maximum rates and charges for all providers of such services
  519  within the state.
  520         (3)(4) Operator service providers shall:
  521         (a) Require operators to:
  522         1. Clearly identify the operator service provider to all
  523  end users before the call is made.
  524         2. When requested, provide rate and service information.
  525         3. When requested, provide the number to call for
  526  complaints and inquiries.
  527         4. When requested, provide the procedure for reporting
  528  service difficulties and methods of obtaining refunds.
  529         (b) Not intentionally charge for incompleted calls and
  530  provide full refund or credit for any misbilled or incomplete
  531  calls.
  532         (c) Bill for services in accordance with their published
  533  schedules approved in their tariff and only at the rates set
  534  forth therein tariff or otherwise approved rate, and disclose
  535  their names on bills which include charges for services
  536  rendered.
  537         (4)(5) Each call aggregator shall post in the immediate
  538  vicinity of each telephone available to the public the name of
  539  the operator service provider, a toll-free customer service
  540  number, a statement that rate quotes are available upon request,
  541  and instructions on how the end user may access other operator
  542  service providers and such other information determined by the
  543  commission to be necessary in the public interest.
  544         (5)(6) Neither the operator service provider nor the call
  545  aggregator shall block or prevent an end user’s access to the
  546  end user’s operator service provider of choice, except that the
  547  commission shall grant limited waivers to operator service
  548  providers or call aggregators upon a showing that such waiver is
  549  in the public interest.
  550         (6)(7) The local exchange telecommunications company shall
  551  not disconnect local service for properly contested nonpayment
  552  of any operator services bill.
  553         (7)(8) The commission shall adopt and enforce requirements
  554  for the provision of services by operator services companies and
  555  call aggregators.
  556         (8)(9) Operator service providers and local exchange
  557  companies providing billing and collection services shall only
  558  bill and collect only the tariffed rates and charges set forth
  559  in the applicable schedules.
  560         (9)(10)Notwithstanding any finding by the commission that
  561  a service or facility is subject to competition and should be
  562  regulated pursuant to s. 364.338, A local exchange
  563  telecommunications company may shall not perform billing and
  564  collection functions relating to regulated telecommunications
  565  services provided by an operator services provider unless the
  566  operator services provider has filed a statement with the local
  567  exchange telecommunications company signed by a corporate
  568  officer, or by another authorized person having personal
  569  knowledge, that all regulated telecommunications services to be
  570  billed will shall be rendered pursuant to applicable published
  571  schedules tariffs approved by the commission.
  572         (10)(11) The commission shall conduct have the
  573  responsibility for conducting an effective program of random,
  574  no-notice compliance investigations of the operator services
  575  providers and call aggregators operating within the state. When
  576  the commission finds a blocking violation, it shall determine
  577  whether the blocking is the responsibility of the call
  578  aggregator or the operator services provider and may fine the
  579  responsible party in accordance with s. 364.285. Upon the
  580  failure of the responsible party to correct a violation within a
  581  mandatory time limit established by the commission or upon a
  582  proven pattern of intentional blocking, the commission shall
  583  order the discontinuance of the call aggregator’s telephone
  584  service or revoke the operator services provider’s certificate,
  585  as applicable.
  586         Section 13. Section 364.3382, Florida Statutes, is amended
  587  to read:
  588         364.3382 Disclosure.—
  589         (1) A local exchange telecommunications company, when a
  590  residential customer initially requests basic local
  591  telecommunications service, shall advise each residential
  592  customer of the least-cost service available to that customer.
  593  Annually, in the form of a bill insert, the local exchange
  594  telecommunications company shall advise each residential
  595  customer of the price of each service option selected by that
  596  customer. The requirement of an annual notice through a bill
  597  insert does not apply to interexchange service.
  598         (2)Copies of both the written notices and information
  599  provided to customer service representatives concerning the
  600  disclosure required pursuant to subsection (1) shall be
  601  submitted to the commission for prior approval.
  602         Section 14. Subsection (2) of section 364.345, Florida
  603  Statutes, is amended to read:
  604         364.345 Certificates; territory served; transfer.—
  605         (2) Except as provided in s. 364.33, a telecommunications
  606  company may not sell, assign, or transfer its certificate or any
  607  portion thereof without:
  608         (a) A determination by the commission that the proposed
  609  sale, assignment, or transfer is in the public interest; and
  610         (b) The approval of the commission.
  611         Section 15. Section 364.603, Florida Statutes, is amended
  612  to read:
  613         364.603 Methodology for changing telecommunications
  614  provider.—The commission shall adopt rules to prevent the
  615  unauthorized changing of a subscriber’s telecommunications
  616  service. Such rules shall be consistent with the
  617  Telecommunications Act of 1996, provide for specific
  618  verification methodologies, provide for the notification to
  619  subscribers of the ability to freeze the subscriber’s choice of
  620  carriers at no charge, allow for a subscriber’s change to be
  621  considered valid if verification was performed consistent with
  622  the commission’s rules, provide for remedies for violations of
  623  the rules, and allow for the imposition of other penalties
  624  available in this chapter. The commission shall resolve any
  625  complaints of anticompetitive behavior concerning a local
  626  preferred carrier freeze consistent with s. 364.058 and shall
  627  require the telecommunications company asserting the existence
  628  of a local preferred carrier freeze that is the subject of the
  629  complaint to produce those records required to be maintained
  630  pursuant to federal rules on an expedited basis.
  631         Section 16. Paragraph (a) of subsection (1) of section
  632  364.059, Florida Statutes, is amended to read:
  633         364.059 Procedures for seeking stay; benchmark; criteria.—
  634         (1) If a local exchange telecommunications company has
  635  elected, pursuant to s. 364.051(6), to have its basic local
  636  telecommunications services treated the same as its nonbasic
  637  services, the following procedures shall be available:
  638         (a) Any petition filed by a substantially interested party
  639  against a local exchange telecommunications company seeking a
  640  stay of the effective date of a price reduction for a basic
  641  local telecommunications service, alleging an anticompetitive
  642  price reduction pursuant to s. 364.051(5), s. 364.08, s. 364.09,
  643  s. 364.10, or s. 364.3381, shall be resolved by the commission
  644  pursuant to this section and by an order issued within 45 days
  645  after the date the petition is filed.
  646         Section 17. Section 364.105, Florida Statutes, is amended
  647  to read:
  648         364.105 Discounted rate for basic service for former
  649  Lifeline subscribers.—Each local exchange telecommunications
  650  company shall offer discounted residential basic local
  651  telecommunications service at 70 percent of the residential
  652  local telecommunications service rate for any Lifeline
  653  subscriber who no longer qualifies for Lifeline. A Lifeline
  654  subscriber who requests such service shall receive the
  655  discounted price for a period of 1 year after the date the
  656  subscriber ceases to be qualified for Lifeline. In no event
  657  shall this preclude the offering of any other discounted
  658  services which comply with ss. 364.08, 364.09, and 364.10.
  659         Section 18. This act shall take effect July 1, 2009.
  660  
  661  ================= T I T L E  A M E N D M E N T ================
  662         And the title is amended as follows:
  663         Delete everything before the enacting clause
  664  and insert:
  665                        A bill to be entitled                      
  666         An act relating to telecommunications companies;
  667         creating the “Consumer Choice and Protection Act”;
  668         amending s. 364.013, F.S.; providing for local
  669         interconnection rights regardless of technology;
  670         amending s. 364.02, F.S.; redefining the terms “basic
  671         local telecommunications service,” “nonbasic service,”
  672         and “telecommunications company”; amending s. 364.04,
  673         F.S.; requiring each telecommunications company to
  674         publish through electronic or physical media the
  675         company’s schedules showing its rates, tolls, rentals,
  676         contracts, and charges; authorizing a
  677         telecommunications company to file the published
  678         schedules with the Public Service Commission or to
  679         publish the schedules through other reasonably
  680         publicly accessible means, including on a website;
  681         deleting standards for printing schedules and notices;
  682         amending s. 364.051, F.S.; removing a limitation on
  683         eligibility to request an increase in basic rates due
  684         to storm damage; deleting provisions relating to rate
  685         increases for nonbasic services; amending s. 364.08,
  686         F.S.; prohibiting a telecommunications company from
  687         charging or receiving compensation for any service
  688         other than for the charge applicable to the service as
  689         specified in its schedule on file or otherwise
  690         published; providing an exception for employee
  691         concessions; repealing s. 364.09, F.S., relating to
  692         the illegal giving of rebates or special rates by a
  693         telecommunications company; amending s. 364.10, F.S.;
  694         providing the conditions that require a
  695         telecommunications carrier to provide Lifeline
  696         services to eligible customers; amending s. 364.15,
  697         F.S.; requiring that the Public Service Commission
  698         order only those repairs and improvements to
  699         telecommunications facilities which are authorized
  700         under law; amending s. 364.33, F.S.; providing that a
  701         certificate of necessity may be transferred from a
  702         person holding a certificate to another, and a person
  703         holding a certificate may acquire ownership or control
  704         of a telecommunications facility without prior
  705         approval of the commission; amending ss. 364.335 and
  706         364.345, F.S.; conforming provisions to changes made
  707         in the act; amending s. 364.3376, F.S.; requiring
  708         providers of telephone operator services to comply
  709         with certain enumerated criteria; requiring the
  710         operator services to bill for services in accordance
  711         with published schedules; amending s. 364.3382, F.S.;
  712         requiring each local exchange telecommunications
  713         company to advise each residential customer of the
  714         least-cost service available to that customer when the
  715         residential customer initially requests basic local
  716         telecommunications service; amending s. 364.603, F.S.;
  717         providing procedures for resolving complaints
  718         regarding preferred carrier freezes on local exchange
  719         service; amending ss. 364.059 and 364.105, F.S.;
  720         conforming cross-references; providing an effective
  721         date.