Florida Senate - 2009 SB 2626
By Senator Haridopolos
26-01090B-09 20092626__
1 A bill to be entitled
2 An act relating to telecommunications companies;
3 creating the “Consumer Choice and Protection Act”;
4 amending s. 364.01, F.S.; providing that it is the
5 intent of the Legislature that the Public Service
6 Commission not regulate Internet protocol-enabled
7 service, including voice-over-Internet service;
8 amending s. 364.02, F.S.; redefining the terms “basic
9 local telecommunications service,” “nonbasic service,”
10 and “telecommunications company” and defining the term
11 “Internet protocol-enabled service”; amending ss.
12 364.011 and 364.013, F.S.; exempting Internet
13 protocol-enabled services from the regulatory
14 jurisdiction of the Public Service Commission;
15 amending s. 364.04, F.S.; requiring each
16 telecommunications company to publish through
17 electronic or physical media the company’s schedules
18 showing its rates, tolls, rentals, contracts, and
19 charges; authorizing a telecommunications company to
20 file the published schedules with the Public Service
21 Commission or to publish the schedules through other
22 reasonably publicly accessible means, including on a
23 website; deleting standards for printing schedules and
24 notices; amending s. 364.051, F.S.; removing a
25 limitation on eligibility to request an increase in
26 basic rates due to storm damage; deleting provisions
27 relating to rate increases for nonbasic services;
28 authorizing a telecommunications company to change the
29 price of a nonbasic service with 1 day's notice;
30 amending s. 364.08, F.S.; prohibiting a
31 telecommunications company from charging or receiving
32 compensation for any service other than for the charge
33 applicable to the service as specified in its schedule
34 on file or otherwise published; providing an exception
35 for employee concessions; amending s. 364.10, F.S.;
36 providing the conditions that require a
37 telecommunications carrier to provide Lifeline
38 services to eligible customers; amending s. 364.15,
39 F.S.; requiring that the Public Service Commission
40 order only those repairs and improvements to
41 telecommunications facilities which are authorized
42 under law; amending s. 364.33, F.S.; providing that a
43 certificate of necessity may be transferred from a
44 person holding a certificate to another, and a person
45 holding a certificate may acquire ownership or control
46 of a telecommunications facility without prior
47 approval of the commission; amending ss. 364.335 and
48 364.345, F.S.; conforming provisions to changes made
49 in the act; amending s. 364.3376, F.S.; requiring
50 providers of telephone operator services to comply
51 with certain enumerated criteria; requiring the
52 operator services to bill for services in accordance
53 with published schedules; amending s. 364.3382, F.S.;
54 requiring each local exchange telecommunications
55 company to advise each residential customer of the
56 least-cost service available to that customer when the
57 residential customer initially requests basic local
58 telecommunications service; repealing s. 364.09, F.S.,
59 relating to the illegal giving of rebates or special
60 rates by a telecommunications company; reenacting s.
61 364.059(1)(a), F.S., relating to petitions filed in a
62 telecommunication proceeding seeking a stay of an
63 anticompetitive price reduction, to incorporate the
64 amendments made to s. 364.051 F.S., in a reference
65 thereto; amending ss. 196.012, 199.183, 212.08,
66 290.007, 350.0605, 364.602, and 489.103, F.S.;
67 conforming cross-references; providing an effective
68 date.
69
70 Be It Enacted by the Legislature of the State of Florida:
71
72 Section 1. This act may be cited as the “Consumer Choice
73 and Protection Act.”
74 Section 2. Subsection (3) of section 364.01, Florida
75 Statutes, is amended to read:
76 364.01 Powers of commission, legislative intent.—
77 (3) Communications activities that are not regulated by the
78 Florida Public Service Commission, including, but not limited
79 to, Internet protocol-enabled service such as VoIP, wireless,
80 and broadband, are subject to this state’s generally applicable
81 business regulation and deceptive trade practices and consumer
82 protection laws, as enforced by the appropriate state authority
83 or through actions in the judicial system. This chapter does not
84 limit the availability to any party of any remedy or defense
85 under state or federal antitrust laws. The Legislature finds
86 that the competitive provision of telecommunications services,
87 including local exchange telecommunications service, is in the
88 public interest and will provide customers with freedom of
89 choice, encourage the introduction of new telecommunications
90 service, encourage technological innovation, and encourage
91 investment in telecommunications infrastructure. The Legislature
92 further finds that the transition from the monopoly provision of
93 local exchange service to the competitive provision thereof will
94 require appropriate regulatory oversight to protect consumers
95 and provide for the development of fair and effective
96 competition, but nothing in this chapter shall limit the
97 availability to any party of any remedy under state or federal
98 antitrust laws. The Legislature further finds that changes in
99 regulations allowing increased competition in telecommunications
100 services could provide the occasion for increases in the
101 telecommunications workforce; therefore, it is in the public
102 interest that competition in telecommunications services lead to
103 a situation that enhances the high-technological skills and the
104 economic status of the telecommunications workforce. The
105 Legislature further finds that the provision of Internet
106 protocol-enabled service, including voice-over-Internet protocol
107 (VoIP) free of unnecessary regulation, regardless of the
108 provider, is in the public interest.
109 Section 3. Section 364.02, Florida Statutes, is amended to
110 read:
111 364.02 Definitions.—As used in this chapter, the term:
112 (1) “Basic local telecommunications service” means voice
113 grade, single-line, flat-rate residential, and flat-rate single
114 line business local exchange service that provides services
115 which provide dial tone, local usage necessary to place
116 unlimited calls within a local exchange area, dual tone
117 multifrequency dialing, and access to the following: emergency
118 services such as “911,” all locally available interexchange
119 companies, directory assistance, operator services, relay
120 services, and an alphabetical directory listing. For a local
121 exchange telecommunications company, the term includes shall
122 include any extended area service routes, and extended calling
123 service in existence or ordered by the commission on or before
124 July 1, 1995.
125 (2) “Broadband service” means any service that consists of
126 or includes the offering of the capability to transmit or
127 receive information at a rate that is not less than 200 kilobits
128 per second and either:
129 (a) Is used to provide access to the Internet; or
130 (b) Provides computer processing, information storage,
131 information content, or protocol conversion in combination with
132 the service.
133
134 The definition of broadband service does not include any
135 intrastate telecommunications services that have been tariffed
136 with the commission on or before January 1, 2005.
137 (3) “Commercial mobile radio service provider” means a
138 commercial mobile radio service provider as defined by and
139 pursuant to 47 U.S.C. ss. 153(n) and 332(d).
140 (4) “Commission” means the Florida Public Service
141 Commission.
142 (5) “Competitive local exchange telecommunications company”
143 means any company certificated by the commission to provide
144 local exchange telecommunications services in this state on or
145 after July 1, 1995.
146 (6) “Corporation” includes a corporation, company,
147 association, or joint stock association.
148 (7) “Internet protocol-enabled service” means a service,
149 capability, functionality, or application that is provided using
150 Internet protocol or a successor protocol to enable an end user
151 to send or receive data, video, or voice communications in
152 Internet protocol format or a successor format.
153 (8)(7) “Intrastate interexchange telecommunications
154 company” means any entity that provides intrastate interexchange
155 telecommunications services.
156 (9)(8) “Local exchange telecommunications company” means
157 any company certificated by the commission to provide local
158 exchange telecommunications service in this state on or before
159 June 30, 1995.
160 (10)(9) “Monopoly service” means a telecommunications
161 service for which there is no effective competition, either in
162 fact or by operation of law.
163 (11)(10) “Nonbasic service” means any telecommunications
164 service provided by a local exchange telecommunications company
165 other than a basic local telecommunications service, a local
166 interconnection arrangement described in s. 364.16, or a network
167 access service described in s. 364.163. Any combination of basic
168 service along with a nonbasic service or an unregulated service
169 is nonbasic service.
170 (12)(11) “Operator service” includes, but is not limited
171 to, billing or completion of third-party, person-to-person,
172 collect, or calling card or credit card calls through the use of
173 a live operator or automated equipment.
174 (13)(12) “Operator service provider” means a person who
175 furnishes operator service through a call aggregator.
176 (14)(13) “Service” is to be construed in its broadest and
177 most inclusive sense. The term “service” does not include
178 broadband service or Internet protocol-enabled service,
179 including voice-over-Internet protocol service for purposes of
180 regulation by the commission. Nothing herein shall affect the
181 rights and obligations of any entity related to the payment of
182 switched network access rates or other intercarrier
183 compensation, if any, related to Internet protocol-enabled
184 service, including voice-over-Internet protocol service.
185 Notwithstanding s. 364.013, and the exemption of services
186 pursuant to this subsection, the commission may arbitrate,
187 enforce, or approve interconnection agreements, and resolve
188 disputes as provided by 47 U.S.C. ss. 251 and 252, or any other
189 applicable federal law or regulation. With respect to the
190 services exempted in this subsection, regardless of the
191 technology, the duties of a local exchange telecommunications
192 company are only those that the company is obligated to extend
193 or provide under applicable federal law and regulations.
194 (15)(14) “Telecommunications company” includes every
195 corporation, partnership, and person and their lessees,
196 trustees, or receivers appointed by any court whatsoever, and
197 every political subdivision in the state, offering two-way
198 telecommunications service to the public for hire within this
199 state by the use of a telecommunications facility. The term
200 “telecommunications company” does not include:
201 (a) An entity that which provides a telecommunications
202 facility exclusively to a certificated telecommunications
203 company;
204 (b) An entity that which provides a telecommunications
205 facility exclusively to a company which is excluded from the
206 definition of a telecommunications company under this
207 subsection;
208 (c) A commercial mobile radio service provider;
209 (d) A facsimile transmission service;
210 (e) A private computer data network company not offering
211 service to the public for hire;
212 (f) A cable television company providing cable service as
213 defined in 47 U.S.C. s. 522; or
214 (g) An intrastate interexchange telecommunications company.
215
216 However, each commercial mobile radio service provider and each
217 intrastate interexchange telecommunications company shall
218 continue to be liable for any taxes imposed under chapters 202,
219 203, and 212 and any fees assessed under s. 364.025. Each
220 intrastate interexchange telecommunications company shall
221 continue to be subject to ss. 364.04, 364.10(3)(a) and (c)(d),
222 364.163, 364.285, 364.336, 364.501, 364.603, and 364.604, shall
223 provide the commission with the current information as the
224 commission deems necessary to contact and communicate with the
225 company, and shall continue to pay intrastate switched network
226 access rates or other intercarrier compensation to the local
227 exchange telecommunications company or the competitive local
228 exchange telecommunications company for the origination and
229 termination of interexchange telecommunications service, and
230 shall reduce its intrastate long distance toll rates in
231 accordance with former s. 364.163(2).
232 (16)(15) “Telecommunications facility” includes real
233 estate, easements, apparatus, property, and routes used and
234 operated to provide two-way telecommunications service to the
235 public for hire within this state.
236 (17)(16) “VoIP” means the voice-over-Internet protocol as
237 that term is defined in federal law.
238 Section 4. Section 364.011, Florida Statutes, is amended to
239 read:
240 364.011 Exemptions from commission jurisdiction.—The
241 following services are exempt from oversight by the commission,
242 except to the extent delineated in this chapter or specifically
243 authorized by federal law:
244 (1) Intrastate interexchange telecommunications services.
245 (2) Broadband services, regardless of the provider,
246 platform, or protocol.
247 (3) Internet protocol-enabled services, including VoIP.
248 (4) Wireless telecommunications, including commercial
249 mobile radio service providers.
250 Section 5. Section 364.013, Florida Statutes, is amended to
251 read:
252 364.013 Emerging and advanced services.—Broadband service
253 and the provision of Internet protocol-enabled services,
254 including voice-over-Internet-protocol (VoIP), are exempt from
255 commission jurisdiction and shall be free of state regulation,
256 except as delineated in this chapter or as specifically
257 authorized by federal law, regardless of the provider, platform,
258 or protocol.
259 Section 6. Section 364.04, Florida Statutes, is amended to
260 read:
261 364.04 Schedules of rates, tolls, rentals, contracts, and
262 charges; filing; public inspection.—
263 (1) Upon order of the commission, Every telecommunications
264 company shall publish through electronic or physical media file
265 with the commission, and shall print and keep open to public
266 inspection, schedules showing the rates, tolls, rentals,
267 contracts, and charges of that company for service to be
268 performed within the state. A telecommunications company may, as
269 an option, file the published schedules with the commission or
270 publish its schedules through other reasonably publicly
271 accessible means, including on a website. A telecommunications
272 company that does not file its schedule with the commission
273 shall inform its customers where a customer may view the
274 telecommunications company’s schedules.
275 (2) The schedule, as printed and open to public inspection,
276 shall plainly state the places between which telecommunications
277 service will be rendered and shall also state separately all
278 charges and all privileges or facilities granted or allowed and
279 any rules or regulations or forms of contract which may in
280 anywise change, affect, or determine any of the aggregate of the
281 rates, tolls, rentals, or charges for the service rendered.
282 (3) A schedule shall be plainly printed in large type, and
283 a copy thereof shall be kept by every telecommunications company
284 readily accessible to, and for convenient inspection by, the
285 public at such places as may be designated by the commission.
286 Any such schedule shall be immediately produced by the
287 telecommunications company upon the demand of any person.
288 (4) A notice printed in bold type and stating that such
289 schedules are on file and open to inspection by any person, the
290 places where the schedules are kept, and that the agent will
291 assist any person to determine from such schedules any rate,
292 toll, rental, rule, or regulation which is in force shall be
293 kept posted by every telecommunications company as the
294 commission designates.
295 Section 7. Paragraph (c) of subsection (1), paragraph (c)
296 of subsection (2), paragraph (b) of subsection (4), and
297 subsection (5) of section 364.051, Florida Statutes, are amended
298 to read:
299 364.051 Price regulation.—
300 (1) SCHEDULE.—Notwithstanding any other provisions of this
301 chapter, the following local exchange telecommunications
302 companies shall become subject to the price regulation described
303 in this section on the following dates:
304 (c) Each company subject to this section is shall be exempt
305 from rate base, rate of return regulation and the requirements
306 of ss. 364.03, 364.035, 364.037, 364.05, 364.055, 364.14,
307 364.17, and 364.18, and 364.19.
308 (2) BASIC LOCAL TELECOMMUNICATIONS SERVICE.—Price
309 regulation of basic local telecommunications service shall
310 consist of the following:
311 (c) There shall be a flat-rate pricing option for basic
312 local telecommunications service services, and mandatory
313 measured service for basic local telecommunications service
314 services shall not be imposed.
315 (4)
316 (b) For purposes of this section, evidence of damage
317 occurring to the lines, plants, or facilities of a local
318 exchange telecommunications company that is subject to the
319 carrier-of-last-resort obligations, which damage is the result
320 of a tropical system occurring after June 1, 2005, and named by
321 the National Hurricane Center, constitutes a compelling showing
322 of changed circumstances.
323 1. A company may file a petition to recover its intrastate
324 costs and expenses relating to repairing, restoring, or
325 replacing the lines, plants, or facilities damaged by a named
326 tropical system.
327 2. The commission shall verify the intrastate costs and
328 expenses submitted by the company in support of its petition.
329 3. The company must show and the commission shall determine
330 whether the intrastate costs and expenses are reasonable under
331 the circumstances for the named tropical system.
332 4. A company having a storm-reserve fund may recover
333 tropical-system-related costs and expenses from its customers
334 only in excess of any amount available in the storm-reserve
335 fund.
336 5. The commission may determine the amount of any increase
337 that the company may charge its customers, but the charge per
338 line item may not exceed 50 cents per month per customer line
339 for a period of not more than 12 months.
340 6. The commission may order the company to add an equal
341 line-item charge per access line to the billing statement of the
342 company's retail basic local telecommunications service
343 customers, its retail nonbasic telecommunications service
344 customers, and, to the extent the commission determines
345 appropriate, its wholesale loop unbundled network element
346 customers. At the end of the collection period, the commission
347 shall verify that the collected amount does not exceed the
348 amount authorized by the order. If collections exceed the
349 ordered amount, the commission shall order the company to refund
350 the excess.
351 7. In order to qualify for filing a petition under this
352 paragraph, a company with 1 million or more access lines, but
353 fewer than 3 million access lines, must have tropical-system
354 related costs and expenses exceeding $1.5 million, and a company
355 with 3 million or more access lines must have tropical-system
356 related costs and expenses of $5 million or more. A company with
357 fewer than 1 million access lines is not required to meet a
358 minimum damage threshold in order to qualify to file a petition
359 under this paragraph.
360 8. A company may file only one petition for storm recovery
361 in any 12-month period for the previous storm season, but the
362 application may cover damages from more than one named tropical
363 system.
364
365 This paragraph is not intended to adversely affect the
366 commission's consideration of any petition for an increase in
367 basic rates to recover costs related to storm damage which was
368 filed before the effective date of this act.
369 (5) NONBASIC SERVICES.—Price regulation of nonbasic
370 services shall consist of the following:
371 (a) Each company subject to this section shall, at its
372 option, maintain tariffs with the commission or otherwise
373 publicly publish the terms, conditions, and rates for each of
374 its nonbasic services, and may set or change, on 1 day's notice,
375 the rate for each of its nonbasic services. For a company
376 electing to publicly publish the terms, conditions, and rates
377 for each of its nonbasic services, the commission may establish
378 guidelines for the publication. The guidelines may not require
379 more information than what is required to be filed with a
380 tariff. The price increase for any nonbasic service category
381 shall not exceed 6 percent within a 12-month period until there
382 is another provider providing local telecommunications service
383 in an exchange area at which time the price for any nonbasic
384 service category may be increased in an amount not to exceed 20
385 percent within a 12-month period, and the rate shall be
386 presumptively valid. However, for purposes of this subsection,
387 the prices of:
388 1. A voice-grade, flat-rate, multi-line business local
389 exchange service, including multiple individual lines, centrex
390 lines, private branch exchange trunks, and any associated
391 hunting services, that provides dial tone and local usage
392 necessary to place a call within a local exchange calling area;
393 and
394 2. Telecommunications services provided under contract
395 service arrangements to the SUNCOM Network, as defined in
396 chapter 282,
397
398 shall be capped at the rates in effect on July 1, 1995, and such
399 rates shall not be increased prior to January 1, 2000; provided,
400 however, that a petition to increase such rates may be filed
401 pursuant to subsection (4) utilizing the standards set forth
402 therein. There shall be a flat-rate pricing option for multi
403 line business local exchange service, and mandatory measured
404 service for multi-line business local exchange service shall not
405 be imposed.Nothing contained in This chapter does not section
406 shall prevent the local exchange telecommunications company from
407 meeting offerings by any competitive provider of the same, or
408 functionally equivalent, nonbasic services in a specific
409 geographic market or to a specific customer by deaveraging the
410 price of any nonbasic service, packaging nonbasic services
411 together or with basic services, using volume discounts and term
412 discounts, and offering individual contracts. However, the local
413 exchange telecommunications company may shall not engage in any
414 anticompetitive act or practice or, nor unreasonably
415 discriminate among similarly situated customers.
416 (b) The commission has shall have continuing regulatory
417 oversight of nonbasic services for purposes of ensuring
418 resolution of service complaints, preventing cross-subsidization
419 of nonbasic services with revenues from basic services, and
420 ensuring that all providers are treated fairly in the
421 telecommunications market. The cost standard for determining
422 cross-subsidization is whether the total revenue from a nonbasic
423 service is less than the total long-run incremental cost of the
424 service. Total long-run incremental cost means service-specific
425 volume and nonvolume-sensitive costs.
426 (c) The price charged to a consumer for a nonbasic service
427 shall cover the direct costs of providing the service and shall,
428 to the extent a cost is not included in the direct cost, include
429 as an imputed cost the price charged by the company to
430 competitors for any monopoly component used by a competitor in
431 the provision of its same or functionally equivalent service.
432 Section 8. Section 364.08, Florida Statutes, is amended to
433 read:
434 364.08 Unlawful to charge other than schedule rates or
435 charges; free service and reduced rates prohibited.—
436 (1) A telecommunications company may not charge, demand,
437 collect, or receive for any service rendered or to be rendered
438 any compensation other than the charge applicable to such
439 service as specified in its schedule on file or otherwise
440 published and in effect at that time. A telecommunications
441 company may not refund or remit, directly or indirectly, any
442 portion of the rate or charge so specified or extend to any
443 person any advantage of contract or agreement or the benefit of
444 any rule or regulation or any privilege or facility not
445 regularly and uniformly extended to all persons under like
446 circumstances for like or substantially similar service.
447 (2) A telecommunications company subject to this chapter
448 may provide not, directly or indirectly, give any free or
449 reduced service between points within this state. However, it
450 shall be lawful for the commission to authorize employee
451 concessions without approval by the commission if in the public
452 interest.
453 Section 9. Subsection (3) of section 364.10, Florida
454 Statutes, is amended to read:
455 364.10 Undue advantage to person or locality prohibited;
456 Lifeline service.—
457 (3)(a) Each Effective September 1, 2003, any local exchange
458 telecommunications company that has more than 1 million access
459 lines and that is designated as an eligible telecommunications
460 carrier authorized by the commission to reduce its switched
461 network access rate pursuant to s. 364.164 shall have tariffed
462 and shall provide Lifeline service to any otherwise eligible
463 customer or potential customer who meets an income eligibility
464 test at 135 percent or less of the federal poverty income
465 guidelines for Lifeline customers. Such a test for eligibility
466 must augment, rather than replace, the eligibility standards
467 established by federal law and based on participation in certain
468 low-income assistance programs. Each intrastate interexchange
469 telecommunications company shall, effective September 1, 2003,
470 file or publish a schedule tariff providing at a minimum the
471 intrastate interexchange telecommunications carrier's current
472 Lifeline benefits and exemptions to Lifeline customers who meet
473 the income eligibility test set forth in this subsection. The
474 Office of Public Counsel shall certify and maintain claims
475 submitted by a customer for eligibility under the income test
476 authorized by this subsection.
477 (b) Each eligible telecommunications carrier subject to
478 this subsection shall provide to each state and federal agency
479 providing benefits to persons eligible for Lifeline service
480 applications, brochures, pamphlets, or other materials that
481 inform the persons of their eligibility for Lifeline, and each
482 state agency providing the benefits shall furnish the materials
483 to affected persons at the time they apply for benefits.
484 (c) Any local exchange telecommunications company customer
485 receiving Lifeline benefits shall not be subject to any
486 residential basic local telecommunications service rate
487 increases authorized by s. 364.164 until the local exchange
488 telecommunications company reaches parity as defined in s.
489 364.164(5) or until the customer no longer qualifies for the
490 Lifeline benefits established by this section or s. 364.105, or
491 unless otherwise determined by the commission upon petition by a
492 local exchange telecommunications company.
493 (c)(d) An eligible telecommunications carrier may not
494 discontinue basic local exchange telephone service to a
495 subscriber who receives Lifeline service because of nonpayment
496 by the subscriber of charges for nonbasic services billed by the
497 telecommunications company, including long-distance service. A
498 subscriber who receives Lifeline service shall be required to
499 pay all applicable basic local exchange service fees, including
500 the subscriber line charge, E-911, telephone relay system
501 charges, and applicable state and federal taxes.
502 (d)(e) An eligible telecommunications carrier may not
503 refuse to connect, reconnect, or provide Lifeline service
504 because of unpaid toll charges or nonbasic charges other than
505 basic local exchange service.
506 (e)(f) An eligible telecommunications carrier may require
507 that payment arrangements be made for outstanding debt
508 associated with basic local exchange service, subscriber line
509 charges, E-911, telephone relay system charges, and applicable
510 state and federal taxes.
511 (f)(g) An eligible telecommunications carrier may block a
512 Lifeline service subscriber's access to all long-distance
513 service, except for toll-free numbers, and may block the ability
514 to accept collect calls when the subscriber owes an outstanding
515 amount for long-distance service or amounts resulting from
516 collect calls. However, the eligible telecommunications carrier
517 may not impose a charge for blocking long-distance service. The
518 eligible telecommunications carrier shall remove the block at
519 the request of the subscriber without additional cost to the
520 subscriber upon payment of the outstanding amount. An eligible
521 telecommunications carrier may charge a service deposit before
522 removing the block.
523 (g)(h)1. By December 31, 2007, each state agency that
524 provides benefits to persons eligible for Lifeline service shall
525 undertake, in cooperation with the Department of Children and
526 Family Services, the Department of Education, the commission,
527 the Office of Public Counsel, and telecommunications companies
528 providing Lifeline services, the development of procedures to
529 promote Lifeline participation.
530 2. If any state agency determines that a person is eligible
531 for Lifeline services, the agency shall immediately forward the
532 information to the commission to ensure that the person is
533 automatically enrolled in the program with the appropriate
534 eligible telecommunications carrier. The state agency shall
535 include an option for an eligible customer to choose not to
536 subscribe to the Lifeline service. The Public Service Commission
537 and the Department of Children and Family Services shall, no
538 later than December 31, 2007, adopt rules creating procedures to
539 automatically enroll eligible customers in Lifeline service.
540 3. The commission, the Department of Children and Family
541 Services, and the Office of Public Counsel shall enter into a
542 memorandum of understanding establishing the respective duties
543 of the commission, the department, and the public counsel with
544 respect to the automatic enrollment procedures no later than
545 December 31, 2007.
546 (h)(i) The commission shall report to the Governor, the
547 President of the Senate, and the Speaker of the House of
548 Representatives by December 31 each year on the number of
549 customers who are subscribing to Lifeline service and the
550 effectiveness of any procedures to promote participation.
551 (i)(j) The commission shall adopt rules to administer this
552 section.
553 Section 10. Section 364.15, Florida Statutes, is amended to
554 read:
555 364.15 Compelling repairs, improvements, changes,
556 additions, or extensions.—Whenever the commission finds, on its
557 own motion or upon complaint, that repairs or improvements to,
558 or changes in, any telecommunications facility ought reasonably
559 to be made, or that any additions or extensions should
560 reasonably be made to any telecommunications facility, in order
561 to promote the security or convenience of the public or
562 employees or in order to secure adequate service or facilities
563 for basic local telecommunications services consistent with the
564 requirements set forth in this chapter, the commission shall
565 make and serve an order directing that such repairs,
566 improvements, changes, additions, or extensions be made in the
567 manner to be specified in the order. This section authorizes the
568 commission to impose only those requirements that it is
569 otherwise authorized to impose under this chapter.
570 Section 11. Section 364.33, Florida Statutes, is amended to
571 read:
572 364.33 Certificate of necessity prerequisite to
573 construction, operation, or control of telecommunications
574 facilities.—Except for a transfer of a certificate of necessity
575 from one person to another as provided in this section, a person
576 may not begin the construction or operation of any
577 telecommunications facility, or any extension thereof for the
578 purpose of providing telecommunications services to the public,
579 or acquire ownership or control thereof, in whatever manner,
580 including the acquisition, transfer, or assignment of majority
581 organizational control or controlling stock ownership, without
582 prior approval. A certificate of necessity may be transferred
583 from a person holding a certificate to another person holding a
584 certificate and a person holding a certificate may acquire
585 ownership or control of a telecommunications facility through
586 the acquisition, transfer, or assignment of majority
587 organizational control or controlling stock ownership of a
588 person holding a certificate without prior approval of the
589 commission by giving 60 days' written notice of the transfer or
590 change of control to the commission and affected customers. This
591 section does not require approval by the commission prior to the
592 construction, operation, or extension of a facility by a
593 certificated company within its certificated area nor in any way
594 limit the commission's ability to review the prudence of such
595 construction programs for ratemaking as provided under this
596 chapter.
597 Section 12. Subsection (4) of section 364.335, Florida
598 Statutes, is amended to read:
599 364.335 Application for certificate.—
600 (4) Except as provided in s. 364.33, revocation,
601 suspension, transfer, or amendment of a certificate shall be
602 subject to the provisions of this section; except that, when the
603 commission initiates the action, the commission shall furnish
604 notice to the appropriate local government and to the Public
605 Counsel.
606 Section 13. Section 364.3376, Florida Statutes, is amended
607 to read:
608 364.3376 Operator services.—
609 (1)(a) A person may not provide operator services as
610 defined in s. 364.02 without first obtaining from the commission
611 a certificate of public convenience and necessity as an operator
612 services provider.
613 (b) This section does not apply to operator services
614 provided by a local exchange telecommunications company or by an
615 intrastate interexchange telecommunications company, except as
616 required by the commission in the public interest.
617 (2) Notwithstanding any finding by the commission that a
618 service or facility is subject to competition and should be
619 regulated pursuant to s. 364.338, All intrastate operator
620 service providers are subject to the jurisdiction of the
621 commission and shall render operator services pursuant to
622 schedules in accordance with s. 364.04 tariffs approved by the
623 commission.
624 (3) For operator services, the commission shall establish
625 maximum rates and charges for all providers of such services
626 within the state.
627 (3)(4) Operator service providers shall:
628 (a) Require operators to:
629 1. Clearly identify the operator service provider to all
630 end users before the call is made.
631 2. When requested, provide rate and service information.
632 3. When requested, provide the number to call for
633 complaints and inquiries.
634 4. When requested, provide the procedure for reporting
635 service difficulties and methods of obtaining refunds.
636 (b) Not intentionally charge for incompleted calls and
637 provide full refund or credit for any misbilled or incomplete
638 calls.
639 (c) Bill for services in accordance with their published
640 schedules approved in their tariff and only at the rates set
641 forth therein tariff or otherwise approved rate, and disclose
642 their names on bills which include charges for services
643 rendered.
644 (4)(5) Each call aggregator shall post in the immediate
645 vicinity of each telephone available to the public the name of
646 the operator service provider, a toll-free customer service
647 number, a statement that rate quotes are available upon request,
648 and instructions on how the end user may access other operator
649 service providers and such other information determined by the
650 commission to be necessary in the public interest.
651 (5)(6) Neither the operator service provider nor the call
652 aggregator shall block or prevent an end user's access to the
653 end user's operator service provider of choice, except that the
654 commission shall grant limited waivers to operator service
655 providers or call aggregators upon a showing that such waiver is
656 in the public interest.
657 (6)(7) The local exchange telecommunications company shall
658 not disconnect local service for properly contested nonpayment
659 of any operator services bill.
660 (7)(8) The commission shall adopt and enforce requirements
661 for the provision of services by operator services companies and
662 call aggregators.
663 (8)(9) Operator service providers and local exchange
664 companies providing billing and collection services shall only
665 bill and collect only the tariffed rates and charges set forth
666 in the applicable schedules.
667 (9)(10) Notwithstanding any finding by the commission that
668 a service or facility is subject to competition and should be
669 regulated pursuant to s. 364.338, A local exchange
670 telecommunications company may shall not perform billing and
671 collection functions relating to regulated telecommunications
672 services provided by an operator services provider unless the
673 operator services provider has filed a statement with the local
674 exchange telecommunications company signed by a corporate
675 officer, or by another authorized person having personal
676 knowledge, that all regulated telecommunications services to be
677 billed will shall be rendered pursuant to applicable published
678 schedules tariffs approved by the commission.
679 (10)(11) The commission shall conduct have the
680 responsibility for conducting an effective program of random,
681 no-notice compliance investigations of the operator services
682 providers and call aggregators operating within the state. When
683 the commission finds a blocking violation, it shall determine
684 whether the blocking is the responsibility of the call
685 aggregator or the operator services provider and may fine the
686 responsible party in accordance with s. 364.285. Upon the
687 failure of the responsible party to correct a violation within a
688 mandatory time limit established by the commission or upon a
689 proven pattern of intentional blocking, the commission shall
690 order the discontinuance of the call aggregator's telephone
691 service or revoke the operator services provider's certificate,
692 as applicable.
693 Section 14. Section 364.3382, Florida Statutes, is amended
694 to read:
695 364.3382 Disclosure.—
696 (1) A local exchange telecommunications company, when a
697 residential customer initially requests basic local
698 telecommunications service, shall advise each residential
699 customer of the least-cost service available to that customer.
700 Annually, in the form of a bill insert, the local exchange
701 telecommunications company shall advise each residential
702 customer of the price of each service option selected by that
703 customer. The requirement of an annual notice through a bill
704 insert does not apply to interexchange service.
705 (2) Copies of both the written notices and information
706 provided to customer service representatives concerning the
707 disclosure required pursuant to subsection (1) shall be
708 submitted to the commission for prior approval.
709 Section 15. Subsection (2) of section 364.345, Florida
710 Statutes, is amended to read:
711 364.345 Certificates; territory served; transfer.—
712 (2) Except as provided in s. 364.33, a telecommunications
713 company may not sell, assign, or transfer its certificate or any
714 portion thereof without:
715 (a) A determination by the commission that the proposed
716 sale, assignment, or transfer is in the public interest; and
717 (b) The approval of the commission.
718 Section 16. Section 364.09, Florida Statutes, is repealed.
719 Section 17. For the purpose of incorporating the amendment
720 made by this act to section 364.051, Florida Statutes, in a
721 reference thereto, paragraph (a) of subsection (1) of section
722 364.059, Florida Statutes, is reenacted to read:
723 364.059 Procedures for seeking stay; benchmark; criteria.—
724 (1) If a local exchange telecommunications company has
725 elected, pursuant to s. 364.051(6), to have its basic local
726 telecommunications services treated the same as its nonbasic
727 services, the following procedures shall be available:
728 (a) Any petition filed by a substantially interested party
729 against a local exchange telecommunications company seeking a
730 stay of the effective date of a price reduction for a basic
731 local telecommunications service, alleging an anticompetitive
732 price reduction pursuant to s. 364.051(5), s. 364.08, s. 364.09,
733 s. 364.10, or s. 364.3381, shall be resolved by the commission
734 pursuant to this section and by an order issued within 45 days
735 after the date the petition is filed.
736 Section 18. Subsection (6) of section 196.012, Florida
737 Statutes, is amended to read:
738 196.012 Definitions.—For the purpose of this chapter, the
739 following terms are defined as follows, except where the context
740 clearly indicates otherwise:
741 (6) Governmental, municipal, or public purpose or function
742 shall be deemed to be served or performed when the lessee under
743 any leasehold interest created in property of the United States,
744 the state or any of its political subdivisions, or any
745 municipality, agency, special district, authority, or other
746 public body corporate of the state is demonstrated to perform a
747 function or serve a governmental purpose which could properly be
748 performed or served by an appropriate governmental unit or which
749 is demonstrated to perform a function or serve a purpose which
750 would otherwise be a valid subject for the allocation of public
751 funds. For purposes of the preceding sentence, an activity
752 undertaken by a lessee which is permitted under the terms of its
753 lease of real property designated as an aviation area on an
754 airport layout plan which has been approved by the Federal
755 Aviation Administration and which real property is used for the
756 administration, operation, business offices and activities
757 related specifically thereto in connection with the conduct of
758 an aircraft full service fixed base operation which provides
759 goods and services to the general aviation public in the
760 promotion of air commerce shall be deemed an activity which
761 serves a governmental, municipal, or public purpose or function.
762 Any activity undertaken by a lessee which is permitted under the
763 terms of its lease of real property designated as a public
764 airport as defined in s. 332.004(14) by municipalities,
765 agencies, special districts, authorities, or other public bodies
766 corporate and public bodies politic of the state, a spaceport as
767 defined in s. 331.303, or which is located in a deepwater port
768 identified in s. 403.021(9)(b) and owned by one of the foregoing
769 governmental units, subject to a leasehold or other possessory
770 interest of a nongovernmental lessee that is deemed to perform
771 an aviation, airport, aerospace, maritime, or port purpose or
772 operation shall be deemed an activity that serves a
773 governmental, municipal, or public purpose. The use by a lessee,
774 licensee, or management company of real property or a portion
775 thereof as a convention center, visitor center, sports facility
776 with permanent seating, concert hall, arena, stadium, park, or
777 beach is deemed a use that serves a governmental, municipal, or
778 public purpose or function when access to the property is open
779 to the general public with or without a charge for admission. If
780 property deeded to a municipality by the United States is
781 subject to a requirement that the Federal Government, through a
782 schedule established by the Secretary of the Interior, determine
783 that the property is being maintained for public historic
784 preservation, park, or recreational purposes and if those
785 conditions are not met the property will revert back to the
786 Federal Government, then such property shall be deemed to serve
787 a municipal or public purpose. The term “governmental purpose”
788 also includes a direct use of property on federal lands in
789 connection with the Federal Government's Space Exploration
790 Program or spaceport activities as defined in s. 212.02(22).
791 Real property and tangible personal property owned by the
792 Federal Government or Space Florida and used for defense and
793 space exploration purposes or which is put to a use in support
794 thereof shall be deemed to perform an essential national
795 governmental purpose and shall be exempt. “Owned by the lessee”
796 as used in this chapter does not include personal property,
797 buildings, or other real property improvements used for the
798 administration, operation, business offices and activities
799 related specifically thereto in connection with the conduct of
800 an aircraft full service fixed based operation which provides
801 goods and services to the general aviation public in the
802 promotion of air commerce provided that the real property is
803 designated as an aviation area on an airport layout plan
804 approved by the Federal Aviation Administration. For purposes of
805 determination of “ownership,” buildings and other real property
806 improvements which will revert to the airport authority or other
807 governmental unit upon expiration of the term of the lease shall
808 be deemed “owned” by the governmental unit and not the lessee.
809 Providing two-way telecommunications services to the public for
810 hire by the use of a telecommunications facility, as defined in
811 s. 364.02(16) s. 364.02(15), and for which a certificate is
812 required under chapter 364 does not constitute an exempt use for
813 purposes of s. 196.199, unless the telecommunications services
814 are provided by the operator of a public-use airport, as defined
815 in s. 332.004, for the operator's provision of
816 telecommunications services for the airport or its tenants,
817 concessionaires, or licensees, or unless the telecommunications
818 services are provided by a public hospital.
819 Section 19. Paragraph (b) of subsection (1) of section
820 199.183, Florida Statutes, is amended to read:
821 199.183 Taxpayers exempt from nonrecurring taxes.—
822 (1) Intangible personal property owned by this state or any
823 of its political subdivisions or municipalities shall be exempt
824 from taxation under this chapter. This exemption does not apply
825 to:
826 (b) Property related to the provision of two-way
827 telecommunications services to the public for hire by the use of
828 a telecommunications facility, as defined in s. 364.02(16) s.
829 364.02(15), and for which a certificate is required under
830 chapter 364, when the service is provided by any county,
831 municipality, or other political subdivision of the state. Any
832 immunity of any political subdivision of the state or other
833 entity of local government from taxation of the property used to
834 provide telecommunication services that is taxed as a result of
835 this paragraph is hereby waived. However, intangible personal
836 property related to the provision of telecommunications services
837 provided by the operator of a public-use airport, as defined in
838 s. 332.004, for the operator's provision of telecommunications
839 services for the airport or its tenants, concessionaires, or
840 licensees, and intangible personal property related to the
841 provision of telecommunications services provided by a public
842 hospital, are exempt from taxation under this chapter.
843 Section 20. Subsection (6) of section 212.08, Florida
844 Statutes, is amended to read:
845 212.08 Sales, rental, use, consumption, distribution, and
846 storage tax; specified exemptions.—The sale at retail, the
847 rental, the use, the consumption, the distribution, and the
848 storage to be used or consumed in this state of the following
849 are hereby specifically exempt from the tax imposed by this
850 chapter.
851 (6) EXEMPTIONS; POLITICAL SUBDIVISIONS.—There are also
852 exempt from the tax imposed by this chapter sales made to the
853 United States Government, a state, or any county, municipality,
854 or political subdivision of a state when payment is made
855 directly to the dealer by the governmental entity. This
856 exemption shall not inure to any transaction otherwise taxable
857 under this chapter when payment is made by a government employee
858 by any means, including, but not limited to, cash, check, or
859 credit card when that employee is subsequently reimbursed by the
860 governmental entity. This exemption does not include sales of
861 tangible personal property made to contractors employed either
862 directly or as agents of any such government or political
863 subdivision thereof when such tangible personal property goes
864 into or becomes a part of public works owned by such government
865 or political subdivision. A determination whether a particular
866 transaction is properly characterized as an exempt sale to a
867 government entity or a taxable sale to a contractor shall be
868 based on the substance of the transaction rather than the form
869 in which the transaction is cast. The department shall adopt
870 rules that give special consideration to factors that govern the
871 status of the tangible personal property before its affixation
872 to real property. In developing these rules, assumption of the
873 risk of damage or loss is of paramount consideration in the
874 determination. This exemption does not include sales, rental,
875 use, consumption, or storage for use in any political
876 subdivision or municipality in this state of machines and
877 equipment and parts and accessories therefor used in the
878 generation, transmission, or distribution of electrical energy
879 by systems owned and operated by a political subdivision in this
880 state for transmission or distribution expansion. Likewise
881 exempt are charges for services rendered by radio and television
882 stations, including line charges, talent fees, or license fees
883 and charges for films, videotapes, and transcriptions used in
884 producing radio or television broadcasts. The exemption provided
885 in this subsection does not include sales, rental, use,
886 consumption, or storage for use in any political subdivision or
887 municipality in this state of machines and equipment and parts
888 and accessories therefor used in providing two-way
889 telecommunications services to the public for hire by the use of
890 a telecommunications facility, as defined in s. 364.02(16) s.
891 364.02(15), and for which a certificate is required under
892 chapter 364, which facility is owned and operated by any county,
893 municipality, or other political subdivision of the state. Any
894 immunity of any political subdivision of the state or other
895 entity of local government from taxation of the property used to
896 provide telecommunication services that is taxed as a result of
897 this section is hereby waived. However, the exemption provided
898 in this subsection includes transactions taxable under this
899 chapter which are for use by the operator of a public-use
900 airport, as defined in s. 332.004, in providing such
901 telecommunications services for the airport or its tenants,
902 concessionaires, or licensees, or which are for use by a public
903 hospital for the provision of such telecommunications services.
904 Section 21. Subsection (8) of section 290.007, Florida
905 Statutes, is amended to read:
906 290.007 State incentives available in enterprise zones.—The
907 following incentives are provided by the state to encourage the
908 revitalization of enterprise zones:
909 (8) Notwithstanding any law to the contrary, the Public
910 Service Commission may allow public utilities and
911 telecommunications companies to grant discounts of up to 50
912 percent on tariffed rates for services to small businesses
913 located in an enterprise zone designated pursuant to s.
914 290.0065. Such discounts may be granted for a period not to
915 exceed 5 years. For purposes of this subsection, the term
916 “public utility” has the same meaning as in s. 366.02(1) and the
917 term “telecommunications company” has the same meaning as in s.
918 364.02(15) s. 364.02(14).
919 Section 22. Subsection (3) of section 350.0605, Florida
920 Statutes, is amended to read:
921 350.0605 Former commissioners and employees; representation
922 of clients before commission.—
923 (3) For a period of 2 years following termination of
924 service on the commission, a former member may not accept
925 employment by or compensation from a business entity which,
926 directly or indirectly, owns or controls a public utility
927 regulated by the commission, from a public utility regulated by
928 the commission, from a business entity which, directly or
929 indirectly, is an affiliate or subsidiary of a public utility
930 regulated by the commission or is an actual business competitor
931 of a local exchange company or public utility regulated by the
932 commission and is otherwise exempt from regulation by the
933 commission under ss. 364.02(15) ss. 364.02(14) and 366.02(1), or
934 from a business entity or trade association that has been a
935 party to a commission proceeding within the 2 years preceding
936 the member's termination of service on the commission. This
937 subsection applies only to members of the Florida Public Service
938 Commission who are appointed or reappointed after May 10, 1993.
939 Section 23. Subsection (4) of section 364.602, Florida
940 Statutes, is amended to read:
941 364.602 Definitions.—For purposes of this part:
942 (4) “Originating party” means any person, firm,
943 corporation, or other entity, including a telecommunications
944 company or a billing clearinghouse, that provides any
945 telecommunications service or information service to a customer
946 or bills a customer through a billing party, except the term
947 “originating party” does not include any entity specifically
948 exempted from the definition of “telecommunications company” as
949 provided in s. 364.02(15) s. 364.02(14).
950 Section 24. Subsection (5) of section 489.103, Florida
951 Statutes, is amended to read:
952 489.103 Exemptions.—This part does not apply to:
953 (5) Public utilities, including special gas districts as
954 defined in chapter 189, telecommunications companies as defined
955 in s. 364.02(15) s. 364.02(14), and natural gas transmission
956 companies as defined in s. 368.103(4), on construction,
957 maintenance, and development work performed by their employees,
958 which work, including, but not limited to, work on bridges,
959 roads, streets, highways, or railroads, is incidental to their
960 business. The board shall define, by rule, the term “incidental
961 to their business” for purposes of this subsection.
962 Section 25. This act shall take effect July 1, 2009.