Florida Senate - 2010 SB 2646
By Senator Ring
32-01644-10 20102646__
1 A bill to be entitled
2 An act relating to telecommunications companies;
3 repealing ss. 364.03, 364.035, 364.037, 364.05,
4 364.055, 364.14, 364.17, and 364.18, F.S., relating to
5 rates, tolls, contracts, charges, rules, regulations,
6 performance of service, and maintenance of
7 telecommunications facilities; fixing rates by the
8 Public Service Commission; consideration of directory
9 advertising revenues when establishing rates; changing
10 rates, tolls, rentals, contracts, or charges;
11 procedures for interim rates; commission to compel by
12 order or rule the adjustment of rates, charges, tolls,
13 rules, or regulations or changes to practices or
14 service or the installation of equipment or
15 facilities; forms prescribed by the commission; and
16 inspection by the commission of accounts and records;
17 amending s. 364.051, F.S.; deleting a schedule for
18 implementation of price regulation; amending ss.
19 364.025, 364.052, 364.063, 364.337, 364.385, and
20 364.507, F.S.; conforming provisions to changes made
21 by the act; providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Sections 364.03, 364.035, 364.037, 364.05,
26 364.055, 364.14, 364.17, and 364.18, Florida Statutes, are
27 repealed.
28 Section 2. Subsection (2) of section 364.025, Florida
29 Statutes, is amended to read:
30 364.025 Universal service.—
31 (2) The Legislature finds that each telecommunications
32 company should contribute its fair share to the support of the
33 universal service objectives and carrier-of-last-resort
34 obligations. For a transitional period not to exceed January 1,
35 2009, the interim mechanism for maintaining universal service
36 objectives and funding carrier-of-last-resort obligations shall
37 be established by the commission, pending the implementation of
38 a permanent mechanism. The interim mechanism shall be applied in
39 a manner that ensures that each competitive local exchange
40 telecommunications company contributes its fair share to the
41 support of universal service and carrier-of-last-resort
42 obligations. The interim mechanism applied to each competitive
43 local exchange telecommunications company shall reflect a fair
44 share of the local exchange telecommunications company’s
45 recovery of investments made in fulfilling its carrier-of-last
46 resort obligations, and the maintenance of universal service
47 objectives. The commission shall ensure that the interim
48 mechanism does not impede the development of residential
49 consumer choice or create an unreasonable barrier to
50 competition. In reaching its determination, the commission shall
51 not inquire into or consider any factor that is inconsistent
52 with s. 364.051(1)(c). The costs and expenses of any government
53 program or project required in part II of this chapter shall not
54 be recovered under this section.
55 Section 3. Subsection (1) of section 364.051, Florida
56 Statutes, is amended to read:
57 364.051 Price regulation.—
58 (1) APPLICATION TO LOCAL EXCHANGE TELECOMMUNICATIONS
59 COMPANIES SCHEDULE.—Notwithstanding any other provisions of this
60 chapter, all the following local exchange telecommunications
61 companies are shall become subject to the price regulation
62 described in this section. on the following dates:
63 (a) For a local exchange telecommunications company with
64 100,000 or more access lines in service as of July 1, 1995, such
65 company may file with the commission a notice of election to be
66 under price regulation effective January 1, 1996, or when a
67 competitive local exchange telecommunications company is
68 certificated to provide local exchange telecommunications
69 services in its service territory, whichever is later.
70 (b) Effective on the date of filing its election with the
71 commission, but no sooner than January 1, 1996, any local
72 exchange telecommunications company with fewer than 100,000
73 access lines in service on July 1, 1995, that elects pursuant to
74 s. 364.052 to become subject to this section.
75 (c) Each company subject to this section is exempt from
76 rate base, rate of return regulation, and the requirements of s.
77 ss. 364.03, 364.035, 364.037, 364.05, 364.055, 364.14, 364.17,
78 364.18, and 364.19.
79 Section 4. Subsection (2) of section 364.052, Florida
80 Statutes, is amended to read:
81 364.052 Regulatory methods for small local exchange
82 telecommunications companies.—
83 (2) A small local exchange telecommunications company shall
84 remain under rate base, rate of return regulation until the
85 company elects to become subject to s. 364.051, or January 1,
86 2001, whichever occurs first. A company subject to this section,
87 electing to be regulated pursuant to s. 364.051, will have any
88 overearnings attributable to a period prior to the date on which
89 the company makes the election subject to refund or other
90 disposition by the commission. Small local exchange
91 telecommunications companies not electing the price regulation
92 provided for under s. 364.051 shall also be regulated pursuant
93 to ss. 364.03, 364.035(1) and (2), 364.05, and 364.055 and other
94 provisions necessary for rate base, rate of return regulation.
95 If a small local exchange telecommunications company has not
96 elected to be regulated under s. 364.051, by January 1, 2001,
97 the company shall remain under rate base, rate of return
98 regulation until such time as a certificated competitive local
99 exchange company provides basic local telecommunications service
100 in the company’s territory. At such time, the small local
101 exchange telecommunications company shall be subject to s.
102 364.051.
103 (a) The commission shall establish, by rule, ranges of
104 basic factors for lives and salvage values to be used in
105 developing depreciation rates for companies subject to this
106 section. Companies shall have the option of using basic factors
107 within the established ranges or of filing depreciation studies.
108 (b) The commission shall adopt, by rule, streamlined
109 procedures for regulating companies subject to this section.
110 These procedures shall minimize the burdens of regulation with
111 regard to audits, investigations, service standards, cost
112 studies, reports, and other matters, and the commission shall
113 establish, by rule, only those procedures that are cost
114 justified and are in the public interest so that universal
115 service may be promoted. Upon petition filed in this rulemaking
116 proceeding, the commission shall review and may approve any
117 regulations unique to the specific circumstances of a company
118 subject to this section.
119 Section 5. Section 364.063, Florida Statutes, is amended to
120 read:
121 364.063 Rate adjustment orders.—Any order issued by the
122 Florida Public Service Commission adjusting general increases or
123 reductions of the rates of a telecommunications company shall be
124 reduced to writing, including any dissenting or concurring
125 opinions, within 20 days after the official vote of the
126 commission. Within such 20-day period, the commission shall also
127 mail a copy of the order to the clerk of the circuit court of
128 each county in which customers are served who are affected by
129 the rate adjustment, which copy shall be kept on file and made
130 available to the public. The commission shall notify all parties
131 of record in the proceeding of the date of such mailing. Such an
132 order shall not be considered rendered for purposes of appeal,
133 rehearing, or judicial review until the order is signed and
134 dated by the commission’s designee. This provision shall not
135 delay the effective date of the order. Such an order shall be
136 considered rendered on the date of the official vote for the
137 purposes of s. 364.05(5).
138 Section 6. Subsections (1), (2), and (4) of section
139 364.337, Florida Statutes, are amended to read:
140 364.337 Competitive local exchange telecommunications
141 companies; intrastate interexchange telecommunications services;
142 certification.—
143 (1) Upon this act becoming a law, a party may file an
144 application for a certificate as a competitive local exchange
145 telecommunications company before January 1, 1996, and the
146 commission shall conduct its review of the application and take
147 all actions necessary to process the application. However, an
148 application shall become effective no sooner than January 1,
149 1996. The commission shall grant a certificate of authority to
150 provide competitive local exchange service upon a showing that
151 the applicant has sufficient technical, financial, and
152 managerial capability to provide such service in the geographic
153 area proposed to be served. A competitive local exchange
154 telecommunications company may not offer basic local
155 telecommunications services within the territory served by a
156 company subject to s. 364.052 prior to January 1, 2001, unless
157 the small local exchange telecommunications company is elects to
158 be regulated under s. 364.051 or provides cable television
159 programming services directly or as video dial tone applications
160 authorized under 47 U.S.C. s. 214, except as provided for in
161 compliance with part II. It is the intent of the Legislature
162 that the commission act expeditiously to grant certificates of
163 authority under this section and that the grant of certificates
164 not be affected by the application of any criteria other than
165 that specifically enumerated in this subsection.
166 (2) Rules adopted by the commission governing the provision
167 of competitive local exchange telecommunications service shall
168 be consistent with s. 364.01. The basic local telecommunications
169 service provided by a competitive local exchange
170 telecommunications company must include access to operator
171 services, “911” services, and relay services for the hearing
172 impaired. A competitive local exchange telecommunications
173 company’s “911” service shall be provided at a level equivalent
174 to that provided by the local exchange telecommunications
175 company serving the same area. There shall be a flat-rate
176 pricing option for basic local telecommunications services, and
177 mandatory measured service for basic local telecommunications
178 services shall not be imposed. A certificated competitive local
179 exchange telecommunications company may petition the commission
180 for a waiver of some or all of the requirements of this chapter,
181 except ss. 364.16, 364.336, and subsections (1) and (5). The
182 commission may grant such petition if determined to be in the
183 public interest. Competitive local exchange telecommunications
184 companies are not subject to the requirements of ss. 364.03,
185 364.035, 364.037, 364.05, 364.055, 364.14, 364.17, 364.18,
186 364.33, and 364.3381.
187 (4) Rules adopted by the commission governing the provision
188 of intrastate interexchange telecommunications service must be
189 consistent with s. 364.01. A certificated intrastate
190 interexchange telecommunications company may petition the
191 commission for a waiver for some or all of the requirements of
192 this chapter, except s. 364.16, s. 364.335(3), or subsection
193 (5). The commission may grant such petition if determined to be
194 in the public interest. Intrastate interexchange
195 telecommunications companies are not subject to the requirements
196 of s. ss. 364.03, 364.035, 364.037, 364.05, 364.055, 364.14,
197 364.17, 364.18, and 364.3381.
198 Section 7. Subsection (2) of section 364.385, Florida
199 Statutes, is amended to read:
200 364.385 Saving clauses.—
201 (2) All applications for extended area service, routes, or
202 extended calling service pending before the commission on March
203 1, 1995, shall be governed by the law as it existed prior to
204 July 1, 1995. Upon the approval of the application, the extended
205 area service, routes, or extended calling service shall be
206 considered basic services and shall be regulated as provided in
207 s. 364.051 for a company that has elected price regulation.
208 Proceedings including judicial review pending on July 1, 1995,
209 shall be governed by the law as it existed prior to the date on
210 which this section becomes a law. No new proceedings governed by
211 the law as it existed prior to July 1, 1995, shall be initiated
212 after July 1, 1995. Any administrative adjudicatory proceeding
213 which has not progressed to the stage of a hearing by July 1,
214 1995, may, with the consent of all parties and the commission,
215 be conducted in accordance with the law as it existed prior to
216 January 1, 1996.
217 Section 8. Subsection (2) of section 364.507, Florida
218 Statutes, is amended to read:
219 364.507 Legislative intent.—
220 (2) It is the intent of the Legislature that all local
221 exchange telecommunications companies, including those with less
222 than 100,000 access lines in service which do not elect to be
223 regulated under price regulation pursuant to s. 364.051, should
224 be required to provide advanced telecommunications services to
225 eligible facilities in the absence of a competitive bid to
226 provide such services pursuant to s. 364.510(3). This obligation
227 arises from the privileges granted such local exchange
228 telecommunications companies under part I of this chapter.
229 Section 9. This act shall take effect July 1, 2010.