ENROLLED
       2009 Legislature            CS for CS for SB 2626, 2nd Engrossed
       
       
       
       
       
       
                                                             20092626er
    1  
    2         An act relating to telecommunications companies;
    3         creating the “Consumer Choice and Protection Act”;
    4         providing legislative findings and intent; authorizing
    5         the Department of Management Services to engage in
    6         certain activities related to assessing the need for
    7         broadband Internet service in the state, planning for
    8         such service, and encouraging the statewide deployment
    9         of such service; authorizing the department to apply
   10         for and accept certain funds; authorizing the
   11         department to enter into contracts; authorizing the
   12         department to establish committees or workgroups;
   13         authorizing the department to adopt rules; amending s.
   14         364.013, F.S.; providing for local interconnection
   15         rights regardless of technology; amending s. 364.02,
   16         F.S.; redefining the terms “basic local
   17         telecommunications service,” “nonbasic service,” and
   18         “telecommunications company”; amending s. 364.04,
   19         F.S.; requiring each telecommunications company to
   20         publish through electronic or physical media the
   21         company’s schedules showing its rates, tolls, rentals,
   22         contracts, and charges; authorizing a
   23         telecommunications company to file the published
   24         schedules with the Public Service Commission or to
   25         publish the schedules through other reasonably
   26         publicly accessible means, including on a website;
   27         deleting standards for printing schedules and notices;
   28         amending s. 364.051, F.S.; removing a limitation on
   29         eligibility to request an increase in basic rates due
   30         to storm damage; providing that the price for any
   31         service that was treated as basic service before a
   32         specified date may not be increased by more than the
   33         amount allowed for basic service; deleting provisions
   34         relating to rate increases for nonbasic services;
   35         amending s. 364.08, F.S.; prohibiting a
   36         telecommunications company from charging or receiving
   37         compensation for any service other than for the charge
   38         applicable to the service as specified in its schedule
   39         on file or otherwise published; providing an exception
   40         for employee concessions; repealing s. 364.09, F.S.,
   41         relating to the illegal giving of rebates or special
   42         rates by a telecommunications company; amending s.
   43         364.10, F.S.; providing the conditions that require a
   44         telecommunications carrier to provide Lifeline
   45         services to eligible customers; amending s. 364.15,
   46         F.S.; requiring that the Public Service Commission
   47         order only those repairs and improvements to
   48         telecommunications facilities which are authorized
   49         under law; amending s. 364.33, F.S.; providing that a
   50         certificate of necessity may be transferred from a
   51         person holding a certificate to another, and a person
   52         holding a certificate may acquire ownership or control
   53         of a telecommunications facility without prior
   54         approval of the commission; amending ss. 364.335 and
   55         364.345, F.S.; conforming provisions to changes made
   56         in the act; amending s. 364.3376, F.S.; requiring
   57         providers of telephone operator services to comply
   58         with certain enumerated criteria; requiring the
   59         operator services to bill for services in accordance
   60         with published schedules; amending s. 364.3382, F.S.;
   61         deleting the requirement that each local exchange
   62         telecommunications company submit to the Public
   63         Service Commission copies of the written notices and
   64         information concerning basic service for prior
   65         approval; amending s. 364.603, F.S.; providing
   66         procedures for resolving complaints regarding
   67         preferred carrier freezes on local exchange service;
   68         amending ss. 364.059 and 364.105, F.S.; conforming
   69         cross-references; providing an effective date.
   70  
   71  Be It Enacted by the Legislature of the State of Florida:
   72  
   73         Section 1. This act may be cited as the “Consumer Choice
   74  and Protection Act.”
   75         Section 2. (1)The Legislature finds that broadband
   76  Internet service is critical to the economic development of the
   77  state and is beneficial for libraries, schools, colleges and
   78  universities, health care providers, and community
   79  organizations. The Legislature further finds that barriers exist
   80  to the statewide deployment of broadband Internet service,
   81  especially in rural, unserved, or underserved communities. The
   82  Legislature therefore intends to promote the efficient and
   83  effective deployment of broadband Internet service throughout
   84  the state through a coordinated statewide effort.
   85         (2)The Department of Management Services is authorized to
   86  work collaboratively with, and to receive staffing support and
   87  other resources from, Enterprise Florida, Inc., state agencies,
   88  local governments, private businesses, and community
   89  organizations to:
   90         (a)Conduct a needs assessment of broadband Internet
   91  service in collaboration with communications service providers,
   92  including, but not limited to, wireless and wireline Internet
   93  service providers, to develop geographical information system
   94  maps at the census tract level that will:
   95         1.Identify geographic gaps in broadband services,
   96  including areas unserved by any broadband provider and areas
   97  served by a single broadband provider;
   98         2.Identify the download and upload transmission speeds
   99  made available to businesses and individuals in the state, at
  100  the census tract level of detail, using data rate benchmarks for
  101  broadband service used by the Federal Communications Commission
  102  to reflect different speed tiers; and
  103         3.Provide a baseline assessment of statewide broadband
  104  deployment in terms of percentage of households with broadband
  105  availability.
  106         (b)Create a strategic plan that has goals and strategies
  107  for increasing the use of broadband Internet service in the
  108  state.
  109         (c)Build and facilitate local technology planning teams or
  110  partnerships with members representing cross-sections of the
  111  community, which may include, but are not limited to,
  112  representatives from the following organizations and industries:
  113  libraries, K-12 education, colleges and universities, local
  114  health care providers, private businesses, community
  115  organizations, economic development organizations, local
  116  governments, tourism, parks and recreation, and agriculture.
  117         (d)Encourage the use of broadband Internet service,
  118  especially in the rural, unserved, and underserved communities
  119  of the state through grant programs having effective strategies
  120  to facilitate the statewide deployment of broadband Internet
  121  service. For any grants to be awarded, priority must be given to
  122  projects that:
  123         1.Provide access to broadband education, awareness,
  124  training, access, equipment, and support to libraries, schools,
  125  colleges and universities, health care providers, and community
  126  support organizations.
  127         2.Encourage investments in primarily unserved areas to
  128  give consumers a choice of more than one broadband Internet
  129  service provider.
  130         3.Work toward establishing affordable and sustainable
  131  broadband Internet service in unserved areas of the state.
  132         4.Facilitate the development of applications, programs,
  133  and services, including, but not limited to, telework,
  134  telemedicine, and e-learning to increase the usage of, and
  135  demand for, broadband Internet service in the state.
  136         (3)The department may apply for and accept federal funds
  137  for purposes of this section, as well as gifts and donations
  138  from individuals, foundations, and private organizations.
  139         (4)The department is authorized to enter into contracts
  140  necessary or useful to carry out the purposes of this section.
  141         (5)The department is authorized to establish any committee
  142  or workgroup to administer and carry out the purposes of this
  143  section.
  144         (6)The department is authorized to adopt rules necessary
  145  to carry out the purposes of this section, including, without
  146  limitation, the authority to establish definitions of terms
  147  pertinent to this section.
  148         Section 3. Section 364.013, Florida Statutes, is amended to
  149  read:
  150         364.013 Emerging and advanced services.—Broadband service
  151  and the provision of voice-over-Internet-protocol (VoIP) are
  152  exempt from commission jurisdiction and shall be free of state
  153  regulation, except as delineated in this chapter or as
  154  specifically authorized by federal law, regardless of the
  155  provider, platform, or protocol. Notwithstanding the exemptions
  156  in this chapter, a competitive local exchange telecommunications
  157  company is entitled to interconnection with a local exchange
  158  telecommunications company to transmit and route voice traffic
  159  between both the competitive local exchange telecommunications
  160  company and the local exchange telecommunications company
  161  regardless of the technology by which the voice traffic is
  162  originated by and terminated to an end user. The commission
  163  shall afford such competitive local exchange telecommunications
  164  company all substantive and procedural rights available to such
  165  companies regarding interconnection under the law.
  166         Section 4. Section 364.02, Florida Statutes, is amended to
  167  read:
  168         364.02 Definitions.—As used in this chapter, the term:
  169         (1) “Basic local telecommunications service” means voice
  170  grade, single-line, flat-rate residential, and flat-rate single
  171  line business local exchange service that provides services
  172  which provide dial tone, local usage necessary to place
  173  unlimited calls within a local exchange area, dual tone
  174  multifrequency dialing, and access to the following: emergency
  175  services such as “911,” all locally available interexchange
  176  companies, directory assistance, operator services, relay
  177  services, and an alphabetical directory listing. For a local
  178  exchange telecommunications company, the term includes shall
  179  include any extended area service routes, and extended calling
  180  service in existence or ordered by the commission on or before
  181  July 1, 1995.
  182         (2) “Broadband service” means any service that consists of
  183  or includes the offering of the capability to transmit or
  184  receive information at a rate that is not less than 200 kilobits
  185  per second and either:
  186         (a) Is used to provide access to the Internet; or
  187         (b) Provides computer processing, information storage,
  188  information content, or protocol conversion in combination with
  189  the service.
  190  
  191  The definition of broadband service does not include any
  192  intrastate telecommunications services that have been tariffed
  193  with the commission on or before January 1, 2005.
  194         (3) “Commercial mobile radio service provider” means a
  195  commercial mobile radio service provider as defined by and
  196  pursuant to 47 U.S.C. ss. 153(27)(n) and 332(d).
  197         (4) “Commission” means the Florida Public Service
  198  Commission.
  199         (5) “Competitive local exchange telecommunications company”
  200  means any company certificated by the commission to provide
  201  local exchange telecommunications services in this state on or
  202  after July 1, 1995.
  203         (6) “Corporation” includes a corporation, company,
  204  association, or joint stock association.
  205         (7) “Intrastate interexchange telecommunications company”
  206  means any entity that provides intrastate interexchange
  207  telecommunications services.
  208         (8) “Local exchange telecommunications company” means any
  209  company certificated by the commission to provide local exchange
  210  telecommunications service in this state on or before June 30,
  211  1995.
  212         (9) “Monopoly service” means a telecommunications service
  213  for which there is no effective competition, either in fact or
  214  by operation of law.
  215         (10) “Nonbasic service” means any telecommunications
  216  service provided by a local exchange telecommunications company
  217  other than a basic local telecommunications service, a local
  218  interconnection arrangement described in s. 364.16, or a network
  219  access service described in s. 364.163. Any combination of basic
  220  service along with a nonbasic service or an unregulated service
  221  is nonbasic service.
  222         (11) “Operator service” includes, but is not limited to,
  223  billing or completion of third-party, person-to-person, collect,
  224  or calling card or credit card calls through the use of a live
  225  operator or automated equipment.
  226         (12) “Operator service provider” means a person who
  227  furnishes operator service through a call aggregator.
  228         (13) “Service” is to be construed in its broadest and most
  229  inclusive sense. The term “service” does not include broadband
  230  service or voice-over-Internet protocol service for purposes of
  231  regulation by the commission. Nothing herein shall affect the
  232  rights and obligations of any entity related to the payment of
  233  switched network access rates or other intercarrier
  234  compensation, if any, related to voice-over-Internet protocol
  235  service. Notwithstanding s. 364.013, and the exemption of
  236  services pursuant to this subsection, the commission may
  237  arbitrate, enforce, or approve interconnection agreements, and
  238  resolve disputes as provided by 47 U.S.C. ss. 251 and 252, or
  239  any other applicable federal law or regulation. With respect to
  240  the services exempted in this subsection, regardless of the
  241  technology, the duties of a local exchange telecommunications
  242  company are only those that the company is obligated to extend
  243  or provide under applicable federal law and regulations.
  244         (14) “Telecommunications company” includes every
  245  corporation, partnership, and person and their lessees,
  246  trustees, or receivers appointed by any court whatsoever, and
  247  every political subdivision in the state, offering two-way
  248  telecommunications service to the public for hire within this
  249  state by the use of a telecommunications facility. The term
  250  “telecommunications company” does not include:
  251         (a) An entity that which provides a telecommunications
  252  facility exclusively to a certificated telecommunications
  253  company;
  254         (b) An entity that which provides a telecommunications
  255  facility exclusively to a company which is excluded from the
  256  definition of a telecommunications company under this
  257  subsection;
  258         (c) A commercial mobile radio service provider;
  259         (d) A facsimile transmission service;
  260         (e) A private computer data network company not offering
  261  service to the public for hire;
  262         (f) A cable television company providing cable service as
  263  defined in 47 U.S.C. s. 522; or
  264         (g) An intrastate interexchange telecommunications company.
  265  
  266  However, each commercial mobile radio service provider and each
  267  intrastate interexchange telecommunications company shall
  268  continue to be liable for any taxes imposed under chapters 202,
  269  203, and 212 and any fees assessed under s. 364.025. Each
  270  intrastate interexchange telecommunications company shall
  271  continue to be subject to ss. 364.04, 364.10(3)(a) and (d),
  272  364.163, 364.285, 364.336, 364.501, 364.603, and 364.604, shall
  273  provide the commission with the current information as the
  274  commission deems necessary to contact and communicate with the
  275  company, and shall continue to pay intrastate switched network
  276  access rates or other intercarrier compensation to the local
  277  exchange telecommunications company or the competitive local
  278  exchange telecommunications company for the origination and
  279  termination of interexchange telecommunications service, and
  280  shall reduce its intrastate long distance toll rates in
  281  accordance with former s. 364.163(2).
  282         (15) “Telecommunications facility” includes real estate,
  283  easements, apparatus, property, and routes used and operated to
  284  provide two-way telecommunications service to the public for
  285  hire within this state.
  286         (16) “VoIP” means the voice-over-Internet protocol as that
  287  term is defined in federal law.
  288         Section 5. Section 364.04, Florida Statutes, is amended to
  289  read:
  290         364.04 Schedules of rates, tolls, rentals, contracts, and
  291  charges; filing; public inspection.—
  292         (1) Upon order of the commission, Every telecommunications
  293  company shall publish through electronic or physical media file
  294  with the commission, and shall print and keep open to public
  295  inspection, schedules showing the rates, tolls, rentals,
  296  contracts, and charges of that company for service to be
  297  performed within the state. A telecommunications company may, as
  298  an option, file the published schedules with the commission or
  299  publish its schedules through other reasonably publicly
  300  accessible means, including on a website. A telecommunications
  301  company that does not file its schedules with the commission
  302  shall inform its customers where a customer may view the
  303  telecommunications company’s schedules.
  304         (2) The schedules schedule, as printed and open to public
  305  inspection, shall plainly state the places between which
  306  telecommunications service will be rendered and shall also state
  307  separately all charges and all privileges or facilities granted
  308  or allowed and any rules or regulations or forms of contract
  309  which may in anywise change, affect, or determine any of the
  310  aggregate of the rates, tolls, rentals, or charges for the
  311  service rendered.
  312         (3)A schedule shall be plainly printed in large type, and
  313  a copy thereof shall be kept by every telecommunications company
  314  readily accessible to, and for convenient inspection by, the
  315  public at such places as may be designated by the commission.
  316  Any such schedule shall be immediately produced by the
  317  telecommunications company upon the demand of any person.
  318         (4)A notice printed in bold type and stating that such
  319  schedules are on file and open to inspection by any person, the
  320  places where the schedules are kept, and that the agent will
  321  assist any person to determine from such schedules any rate,
  322  toll, rental, rule, or regulation which is in force shall be
  323  kept posted by every telecommunications company as the
  324  commission designates.
  325         Section 6. Paragraph (c) of subsection (1), paragraph (c)
  326  of subsection (2), paragraph (b) of subsection (4), and
  327  subsection (5) of section 364.051, Florida Statutes, are amended
  328  to read:
  329         364.051 Price regulation.—
  330         (1) SCHEDULE.—Notwithstanding any other provisions of this
  331  chapter, the following local exchange telecommunications
  332  companies shall become subject to the price regulation described
  333  in this section on the following dates:
  334         (c) Each company subject to this section is shall be exempt
  335  from rate base, rate of return regulation, and the requirements
  336  of ss. 364.03, 364.035, 364.037, 364.05, 364.055, 364.14,
  337  364.17, and 364.18, and 364.19.
  338         (2) BASIC LOCAL TELECOMMUNICATIONS SERVICE.—Price
  339  regulation of basic local telecommunications service shall
  340  consist of the following:
  341         (c) There shall be a flat-rate pricing option for basic
  342  local telecommunications service services, and mandatory
  343  measured service for basic local telecommunications service
  344  services shall not be imposed.
  345         (4)
  346         (b) For purposes of this section, evidence of damage
  347  occurring to the lines, plants, or facilities of a local
  348  exchange telecommunications company that is subject to the
  349  carrier-of-last-resort obligations, which damage is the result
  350  of a tropical system occurring after June 1, 2005, and named by
  351  the National Hurricane Center, constitutes a compelling showing
  352  of changed circumstances.
  353         1. A company may file a petition to recover its intrastate
  354  costs and expenses relating to repairing, restoring, or
  355  replacing the lines, plants, or facilities damaged by a named
  356  tropical system.
  357         2. The commission shall verify the intrastate costs and
  358  expenses submitted by the company in support of its petition.
  359         3. The company must show and the commission shall determine
  360  whether the intrastate costs and expenses are reasonable under
  361  the circumstances for the named tropical system.
  362         4. A company having a storm-reserve fund may recover
  363  tropical-system-related costs and expenses from its customers
  364  only in excess of any amount available in the storm-reserve
  365  fund.
  366         5. The commission may determine the amount of any increase
  367  that the company may charge its customers, but the charge per
  368  line item may not exceed 50 cents per month per customer line
  369  for a period of not more than 12 months.
  370         6. The commission may order the company to add an equal
  371  line-item charge per access line to the billing statement of the
  372  company’s retail basic local telecommunications service
  373  customers, its retail nonbasic telecommunications service
  374  customers, and, to the extent the commission determines
  375  appropriate, its wholesale loop unbundled network element
  376  customers. At the end of the collection period, the commission
  377  shall verify that the collected amount does not exceed the
  378  amount authorized by the order. If collections exceed the
  379  ordered amount, the commission shall order the company to refund
  380  the excess.
  381         7. In order to qualify for filing a petition under this
  382  paragraph, a company with 1 million or more access lines, but
  383  fewer than 3 million access lines, must have tropical-system
  384  related costs and expenses exceeding $1.5 million, and a company
  385  with 3 million or more access lines must have tropical-system
  386  related costs and expenses of $5 million or more. A company with
  387  fewer than 1 million access lines is not required to meet a
  388  minimum damage threshold in order to qualify to file a petition
  389  under this paragraph.
  390         8. A company may file only one petition for storm recovery
  391  in any 12-month period for the previous storm season, but the
  392  application may cover damages from more than one named tropical
  393  system.
  394  
  395  This paragraph is not intended to adversely affect the
  396  commission’s consideration of any petition for an increase in
  397  basic rates to recover costs related to storm damage which was
  398  filed before the effective date of this act.
  399         (5) NONBASIC SERVICES.—Price regulation of nonbasic
  400  services shall consist of the following:
  401         (a) Each company subject to this section shall, at its
  402  option, maintain tariffs with the commission or otherwise
  403  publicly publish the terms, conditions, and rates for each of
  404  its nonbasic services, and may set or change, on 1 day’s notice,
  405  the rate for each of its nonbasic services. For a company
  406  electing to publicly publish the terms, conditions, and rates
  407  for each of its nonbasic services, the commission may establish
  408  guidelines for the publication. The guidelines may not require
  409  more information than what is required to be filed with a
  410  tariff. The price increase for any nonbasic service category
  411  shall not exceed 6 percent within a 12-month period until there
  412  is another provider providing local telecommunications service
  413  in an exchange area at which time the price for any nonbasic
  414  service category may be increased in an amount not to exceed 10
  415  20 percent within a 12-month period, and the rate shall be
  416  presumptively valid. However, the price for any service that was
  417  treated as basic service before July 1, 2009, may not be
  418  increased by more than the amount allowed for basic service as
  419  provided in paragraph (2)(c) and subsection (3). However, for
  420  purposes of this subsection, the prices of:
  421         1.A voice-grade, flat-rate, multi-line business local
  422  exchange service, including multiple individual lines, centrex
  423  lines, private branch exchange trunks, and any associated
  424  hunting services, that provides dial tone and local usage
  425  necessary to place a call within a local exchange calling area;
  426  and
  427         2.Telecommunications services provided under contract
  428  service arrangements to the SUNCOM Network, as defined in
  429  chapter 282,
  430  
  431  shall be capped at the rates in effect on July 1, 1995, and such
  432  rates shall not be increased prior to January 1, 2000; provided,
  433  however, that a petition to increase such rates may be filed
  434  pursuant to subsection (4) utilizing the standards set forth
  435  therein. There shall be a flat-rate pricing option for multi
  436  line business local exchange service, and mandatory measured
  437  service for multi-line business local exchange service shall not
  438  be imposed. Nothing contained in This chapter does not section
  439  shall prevent the local exchange telecommunications company from
  440  meeting offerings by any competitive provider of the same, or
  441  functionally equivalent, nonbasic services in a specific
  442  geographic market or to a specific customer by deaveraging the
  443  price of any nonbasic service, packaging nonbasic services
  444  together or with basic services, using volume discounts and term
  445  discounts, and offering individual contracts. However, the local
  446  exchange telecommunications company may shall not engage in any
  447  anticompetitive act or practice or, nor unreasonably
  448  discriminate among similarly situated customers.
  449         (b) The commission has shall have continuing regulatory
  450  oversight of nonbasic services for purposes of ensuring
  451  resolution of service complaints, preventing cross-subsidization
  452  of nonbasic services with revenues from basic services, and
  453  ensuring that all providers are treated fairly in the
  454  telecommunications market. The price charged to a consumer for a
  455  nonbasic service shall cover the direct costs of providing the
  456  service. The cost standard for determining cross-subsidization
  457  is whether the total revenue from a nonbasic service is less
  458  than the total long-run incremental cost of the service. Total
  459  long-run incremental cost means service-specific volume and
  460  nonvolume-sensitive costs.
  461         (c)The price charged to a consumer for a nonbasic service
  462  shall cover the direct costs of providing the service and shall,
  463  to the extent a cost is not included in the direct cost, include
  464  as an imputed cost the price charged by the company to
  465  competitors for any monopoly component used by a competitor in
  466  the provision of its same or functionally equivalent service.
  467         Section 7. Section 364.08, Florida Statutes, is amended to
  468  read:
  469         364.08 Unlawful to charge other than schedule rates or
  470  charges; free service and reduced rates prohibited.—
  471         (1) A telecommunications company may not charge, demand,
  472  collect, or receive for any service rendered or to be rendered
  473  any compensation other than the charge applicable to such
  474  service as specified in its schedule on file or otherwise
  475  published and in effect at that time. A telecommunications
  476  company may not refund or remit, directly or indirectly, any
  477  portion of the rate or charge so specified or extend to any
  478  person any advantage of contract or agreement or the benefit of
  479  any rule or regulation or any privilege or facility not
  480  regularly and uniformly extended to all persons under like
  481  circumstances for like or substantially similar service.
  482         (2) A telecommunications company subject to this chapter
  483  may provide not, directly or indirectly, give any free or
  484  reduced service between points within this state. However, it
  485  shall be lawful for the commission to authorize employee
  486  concessions without approval by the commission if in the public
  487  interest.
  488         Section 8. Section 364.09, Florida Statutes, is repealed.
  489         Section 9. Subsection (3) of section 364.10, Florida
  490  Statutes, is amended to read:
  491         364.10 Undue advantage to person or locality prohibited;
  492  Lifeline service.—
  493         (3)(a) Each Effective September 1, 2003, any local exchange
  494  telecommunications company that has more than 1 million access
  495  lines and that is designated as an eligible telecommunications
  496  carrier authorized by the commission to reduce its switched
  497  network access rate pursuant to s. 364.164 shall have tariffed
  498  and shall provide Lifeline service to any otherwise eligible
  499  customer or potential customer who meets an income eligibility
  500  test at 150 135 percent or less of the federal poverty income
  501  guidelines for Lifeline customers. Such a test for eligibility
  502  must augment, rather than replace, the eligibility standards
  503  established by federal law and based on participation in certain
  504  low-income assistance programs. Each intrastate interexchange
  505  telecommunications company shall, effective September 1, 2003,
  506  file or publish a schedule tariff providing at a minimum the
  507  intrastate interexchange telecommunications carrier’s current
  508  Lifeline benefits and exemptions to Lifeline customers who meet
  509  the income eligibility test set forth in this subsection. The
  510  Office of Public Counsel shall certify and maintain claims
  511  submitted by a customer for eligibility under the income test
  512  authorized by this subsection.
  513         (b) Each eligible telecommunications carrier subject to
  514  this subsection shall provide to each state and federal agency
  515  providing benefits to persons eligible for Lifeline service
  516  applications, brochures, pamphlets, or other materials that
  517  inform the persons of their eligibility for Lifeline, and each
  518  state agency providing the benefits shall furnish the materials
  519  to affected persons at the time they apply for benefits.
  520         (c) Any local exchange telecommunications company customer
  521  receiving Lifeline benefits shall not be subject to any
  522  residential basic local telecommunications service rate
  523  increases authorized by s. 364.164 until the local exchange
  524  telecommunications company reaches parity as defined in s.
  525  364.164(5) or until the customer no longer qualifies for the
  526  Lifeline benefits established by this section or s. 364.105, or
  527  unless otherwise determined by the commission upon petition by a
  528  local exchange telecommunications company.
  529         (d) An eligible telecommunications carrier may not
  530  discontinue basic local exchange telephone service to a
  531  subscriber who receives Lifeline service because of nonpayment
  532  by the subscriber of charges for nonbasic services billed by the
  533  telecommunications company, including long-distance service. A
  534  subscriber who receives Lifeline service shall be required to
  535  pay all applicable basic local exchange service fees, including
  536  the subscriber line charge, E-911, telephone relay system
  537  charges, and applicable state and federal taxes.
  538         (e) An eligible telecommunications carrier may not refuse
  539  to connect, reconnect, or provide Lifeline service because of
  540  unpaid toll charges or nonbasic charges other than basic local
  541  exchange service.
  542         (f) An eligible telecommunications carrier may require that
  543  payment arrangements be made for outstanding debt associated
  544  with basic local exchange service, subscriber line charges, E
  545  911, telephone relay system charges, and applicable state and
  546  federal taxes.
  547         (g) An eligible telecommunications carrier may block a
  548  Lifeline service subscriber’s access to all long-distance
  549  service, except for toll-free numbers, and may block the ability
  550  to accept collect calls when the subscriber owes an outstanding
  551  amount for long-distance service or amounts resulting from
  552  collect calls. However, the eligible telecommunications carrier
  553  may not impose a charge for blocking long-distance service. The
  554  eligible telecommunications carrier shall remove the block at
  555  the request of the subscriber without additional cost to the
  556  subscriber upon payment of the outstanding amount. An eligible
  557  telecommunications carrier may charge a service deposit before
  558  removing the block.
  559         (h)1. By December 31, 2007, each state agency that provides
  560  benefits to persons eligible for Lifeline service shall
  561  undertake, in cooperation with the Department of Children and
  562  Family Services, the Department of Education, the commission,
  563  the Office of Public Counsel, and telecommunications companies
  564  providing Lifeline services, the development of procedures to
  565  promote Lifeline participation.
  566         2. If any state agency determines that a person is eligible
  567  for Lifeline services, the agency shall immediately forward the
  568  information to the commission to ensure that the person is
  569  automatically enrolled in the program with the appropriate
  570  eligible telecommunications carrier. The state agency shall
  571  include an option for an eligible customer to choose not to
  572  subscribe to the Lifeline service. The Public Service Commission
  573  and the Department of Children and Family Services shall, no
  574  later than December 31, 2007, adopt rules creating procedures to
  575  automatically enroll eligible customers in Lifeline service.
  576         3. The commission, the Department of Children and Family
  577  Services, and the Office of Public Counsel shall enter into a
  578  memorandum of understanding establishing the respective duties
  579  of the commission, the department, and the public counsel with
  580  respect to the automatic enrollment procedures no later than
  581  December 31, 2007.
  582         (i) The commission shall report to the Governor, the
  583  President of the Senate, and the Speaker of the House of
  584  Representatives by December 31 each year on the number of
  585  customers who are subscribing to Lifeline service and the
  586  effectiveness of any procedures to promote participation.
  587         (j) The commission shall adopt rules to administer this
  588  section.
  589         Section 10. Section 364.15, Florida Statutes, is amended to
  590  read:
  591         364.15 Compelling repairs, improvements, changes,
  592  additions, or extensions.—Whenever the commission finds, on its
  593  own motion or upon complaint, that repairs or improvements to,
  594  or changes in, any telecommunications facility ought reasonably
  595  to be made, or that any additions or extensions should
  596  reasonably be made to any telecommunications facility, in order
  597  to promote the security or convenience of the public or
  598  employees or in order to secure adequate service or facilities
  599  for basic local telecommunications services consistent with the
  600  requirements set forth in this chapter, the commission shall
  601  make and serve an order directing that such repairs,
  602  improvements, changes, additions, or extensions be made in the
  603  manner to be specified in the order. This section authorizes the
  604  commission to impose only those requirements that it is
  605  otherwise authorized to impose under this chapter.
  606         Section 11. Section 364.33, Florida Statutes, is amended to
  607  read:
  608         364.33 Certificate of necessity prerequisite to
  609  construction, operation, or control of telecommunications
  610  facilities.—Except for a transfer of a certificate of necessity
  611  from one person to another or to the parent or affiliate of a
  612  certificated person as provided in this section, a person may
  613  not begin the construction or operation of any
  614  telecommunications facility, or any extension thereof for the
  615  purpose of providing telecommunications services to the public,
  616  or acquire ownership or control thereof, in whatever manner,
  617  including the acquisition, transfer, or assignment of majority
  618  organizational control or controlling stock ownership, without
  619  prior approval. A certificate of necessity or control thereof
  620  may be transferred from a person holding a certificate, its
  621  parent or an affiliate to another person holding a certificate,
  622  its parent or an affiliate and a person holding a certificate,
  623  its parent or an affiliate may acquire ownership or control of a
  624  telecommunications facility through the acquisition, transfer,
  625  or assignment of majority organizational control or controlling
  626  stock ownership of a person holding a certificate without prior
  627  approval of the commission by giving 60 days’ written notice of
  628  the transfer or change of control to the commission and affected
  629  customers. This section does not require approval by the
  630  commission prior to the construction, operation, or extension of
  631  a facility by a certificated company within its certificated
  632  area nor in any way limit the commission’s ability to review the
  633  prudence of such construction programs for ratemaking as
  634  provided under this chapter.
  635         Section 12. Subsection (4) of section 364.335, Florida
  636  Statutes, is amended to read:
  637         364.335 Application for certificate.—
  638         (4) Except as provided in s. 364.33, revocation,
  639  suspension, transfer, or amendment of a certificate shall be
  640  subject to the provisions of this section; except that, when the
  641  commission initiates the action, the commission shall furnish
  642  notice to the appropriate local government and to the Public
  643  Counsel.
  644         Section 13. Section 364.3376, Florida Statutes, is amended
  645  to read:
  646         364.3376 Operator services.—
  647         (1)(a) A person may not provide operator services as
  648  defined in s. 364.02 without first obtaining from the commission
  649  a certificate of public convenience and necessity as an operator
  650  services provider.
  651         (b) This section does not apply to operator services
  652  provided by a local exchange telecommunications company or by an
  653  intrastate interexchange telecommunications company, except as
  654  required by the commission in the public interest.
  655         (2) Notwithstanding any finding by the commission that a
  656  service or facility is subject to competition and should be
  657  regulated pursuant to s. 364.338, All intrastate operator
  658  service providers are subject to the jurisdiction of the
  659  commission and shall render operator services pursuant to
  660  schedules in accordance with s. 364.04 tariffs approved by the
  661  commission.
  662         (3)For operator services, the commission shall establish
  663  maximum rates and charges for all providers of such services
  664  within the state.
  665         (3)(4) Operator service providers shall:
  666         (a) Require operators to:
  667         1. Clearly identify the operator service provider to all
  668  end users before the call is made.
  669         2. When requested, provide rate and service information.
  670         3. When requested, provide the number to call for
  671  complaints and inquiries.
  672         4. When requested, provide the procedure for reporting
  673  service difficulties and methods of obtaining refunds.
  674         (b) Not intentionally charge for incompleted calls and
  675  provide full refund or credit for any misbilled or incomplete
  676  calls.
  677         (c) Bill for services in accordance with their published
  678  schedules approved in their tariff and only at the rates set
  679  forth therein tariff or otherwise approved rate, and disclose
  680  their names on bills which include charges for services
  681  rendered.
  682         (4)(5) Each call aggregator shall post in the immediate
  683  vicinity of each telephone available to the public the name of
  684  the operator service provider, a toll-free customer service
  685  number, a statement that rate quotes are available upon request,
  686  and instructions on how the end user may access other operator
  687  service providers and such other information determined by the
  688  commission to be necessary in the public interest.
  689         (5)(6) Neither the operator service provider nor the call
  690  aggregator shall block or prevent an end user’s access to the
  691  end user’s operator service provider of choice, except that the
  692  commission shall grant limited waivers to operator service
  693  providers or call aggregators upon a showing that such waiver is
  694  in the public interest.
  695         (6)(7) The local exchange telecommunications company shall
  696  not disconnect local service for properly contested nonpayment
  697  of any operator services bill.
  698         (7)(8) The commission shall adopt and enforce requirements
  699  for the provision of services by operator services companies and
  700  call aggregators.
  701         (8)(9) Operator service providers and local exchange
  702  companies providing billing and collection services shall only
  703  bill and collect only the tariffed rates and charges set forth
  704  in the applicable schedules.
  705         (9)(10)Notwithstanding any finding by the commission that
  706  a service or facility is subject to competition and should be
  707  regulated pursuant to s. 364.338, A local exchange
  708  telecommunications company may shall not perform billing and
  709  collection functions relating to regulated telecommunications
  710  services provided by an operator services provider unless the
  711  operator services provider has filed a statement with the local
  712  exchange telecommunications company signed by a corporate
  713  officer, or by another authorized person having personal
  714  knowledge, that all regulated telecommunications services to be
  715  billed will shall be rendered pursuant to applicable published
  716  schedules tariffs approved by the commission.
  717         (10)(11) The commission shall conduct have the
  718  responsibility for conducting an effective program of random,
  719  no-notice compliance investigations of the operator services
  720  providers and call aggregators operating within the state. When
  721  the commission finds a blocking violation, it shall determine
  722  whether the blocking is the responsibility of the call
  723  aggregator or the operator services provider and may fine the
  724  responsible party in accordance with s. 364.285. Upon the
  725  failure of the responsible party to correct a violation within a
  726  mandatory time limit established by the commission or upon a
  727  proven pattern of intentional blocking, the commission shall
  728  order the discontinuance of the call aggregator’s telephone
  729  service or revoke the operator services provider’s certificate,
  730  as applicable.
  731         Section 14. Section 364.3382, Florida Statutes, is amended
  732  to read:
  733         364.3382 Disclosure.—
  734         (1) A local exchange telecommunications company, when a
  735  residential customer initially requests service, shall advise
  736  each residential customer of the least-cost service available to
  737  that customer. Annually, in the form of a bill insert, the local
  738  exchange telecommunications company shall advise each
  739  residential customer of the price of each service option
  740  selected by that customer. The requirement of an annual notice
  741  through a bill insert does not apply to interexchange service.
  742         (2)Copies of both the written notices and information
  743  provided to customer service representatives concerning the
  744  disclosure required pursuant to subsection (1) shall be
  745  submitted to the commission for prior approval.
  746         Section 15. Subsection (2) of section 364.345, Florida
  747  Statutes, is amended to read:
  748         364.345 Certificates; territory served; transfer.—
  749         (2) Except as provided in s. 364.33, a telecommunications
  750  company may not sell, assign, or transfer its certificate or any
  751  portion thereof without:
  752         (a) A determination by the commission that the proposed
  753  sale, assignment, or transfer is in the public interest; and
  754         (b) The approval of the commission.
  755         Section 16. Section 364.603, Florida Statutes, is amended
  756  to read:
  757         364.603 Methodology for changing telecommunications
  758  provider.—The commission shall adopt rules to prevent the
  759  unauthorized changing of a subscriber’s telecommunications
  760  service. Such rules shall be consistent with the
  761  Telecommunications Act of 1996, provide for specific
  762  verification methodologies, provide for the notification to
  763  subscribers of the ability to freeze the subscriber’s choice of
  764  carriers at no charge, allow for a subscriber’s change to be
  765  considered valid if verification was performed consistent with
  766  the commission’s rules, provide for remedies for violations of
  767  the rules, and allow for the imposition of other penalties
  768  available in this chapter. The commission shall resolve on an
  769  expedited basis any complaints of anticompetitive behavior
  770  concerning a local preferred carrier freeze. The
  771  telecommunications company that is asserting the existence of a
  772  local preferred carrier freeze, which is the subject of the
  773  complaint, shall have the burden of proving through competent
  774  evidence that the customer did in fact request the freeze.
  775         Section 17. Paragraph (a) of subsection (1) of section
  776  364.059, Florida Statutes, is amended to read:
  777         364.059 Procedures for seeking stay; benchmark; criteria.—
  778         (1) If a local exchange telecommunications company has
  779  elected, pursuant to s. 364.051(6), to have its basic local
  780  telecommunications services treated the same as its nonbasic
  781  services, the following procedures shall be available:
  782         (a) Any petition filed by a substantially interested party
  783  against a local exchange telecommunications company seeking a
  784  stay of the effective date of a price reduction for a basic
  785  local telecommunications service, alleging an anticompetitive
  786  price reduction pursuant to s. 364.051(5), s. 364.08, s. 364.09,
  787  s. 364.10, or s. 364.3381, shall be resolved by the commission
  788  pursuant to this section and by an order issued within 45 days
  789  after the date the petition is filed.
  790         Section 18. Section 364.105, Florida Statutes, is amended
  791  to read:
  792         364.105 Discounted rate for basic service for former
  793  Lifeline subscribers.—Each local exchange telecommunications
  794  company shall offer discounted residential basic local
  795  telecommunications service at 70 percent of the residential
  796  local telecommunications service rate for any Lifeline
  797  subscriber who no longer qualifies for Lifeline. A Lifeline
  798  subscriber who requests such service shall receive the
  799  discounted price for a period of 1 year after the date the
  800  subscriber ceases to be qualified for Lifeline. In no event
  801  shall this preclude the offering of any other discounted
  802  services which comply with ss. 364.08, 364.09, and 364.10.
  803         Section 19. This act shall take effect July 1, 2009.