The Florida Senate

364.337  Competitive local exchange telecommunications companies; intrastate interexchange telecommunications services; certification.--

(1)  Upon this act becoming a law, a party may file an application for a certificate as a competitive local exchange telecommunications company before January 1, 1996, and the commission shall conduct its review of the application and take all actions necessary to process the application. However, an application shall become effective no sooner than January 1, 1996. The commission shall grant a certificate of authority to provide competitive local exchange service upon a showing that the applicant has sufficient technical, financial, and managerial capability to provide such service in the geographic area proposed to be served. A competitive local exchange telecommunications company may not offer basic local telecommunications services within the territory served by a company subject to s. 364.052 prior to January 1, 2001, unless the small local exchange telecommunications company elects to be regulated under s. 364.051 or provides cable television programming services directly or as video dial tone applications authorized under 47 U.S.C. s. 214, except as provided for in compliance with part II. It is the intent of the Legislature that the commission act expeditiously to grant certificates of authority under this section and that the grant of certificates not be affected by the application of any criteria other than that specifically enumerated in this subsection.

(2)  Rules adopted by the commission governing the provision of competitive local exchange telecommunications service shall be consistent with s. 364.01 The basic local telecommunications service provided by a competitive local exchange telecommunications company must include access to operator services, "911" services, and relay services for the hearing impaired. A competitive local exchange telecommunications company's "911" service shall be provided at a level equivalent to that provided by the local exchange telecommunications company serving the same area. There shall be a flat-rate pricing option for basic local telecommunications services, and mandatory measured service for basic local telecommunications services shall not be imposed. A certificated competitive local exchange telecommunications company may petition the commission for a waiver of some or all of the requirements of this chapter, except ss. 364.16, 364.336, and subsections (1) and (5). The commission may grant such petition if determined to be in the public interest. Competitive local exchange telecommunications companies are not subject to the requirements of ss. 364.03, 364.035, 364.037, 364.05, 364.055, 364.14, 364.17, 364.18, 364.33, and 364.3381

(3)  The commission shall grant a certificate of authority to provide intrastate interexchange telecommunications service upon a showing that the applicant has sufficient technical, financial, and managerial capability to provide such service in the geographic area proposed to be served.

(4)  Rules adopted by the commission governing the provision of intrastate interexchange telecommunications service must be consistent with s. 364.01 A certificated intrastate interexchange telecommunications company may petition the commission for a waiver for some or all of the requirements of this chapter, except s. 364.16, s. 364.335(3), or subsection (5). The commission may grant such petition if determined to be in the public interest. Intrastate interexchange telecommunications companies are not subject to the requirements of ss. 364.03, 364.035, 364.037, 364.05, 364.055, 364.14, 364.17, 364.18, and 364.3381

(5)  The commission shall have continuing regulatory oversight over the provision of basic local exchange telecommunications service provided by a certificated competitive local exchange telecommunications company or a certificated alternative access vendor for purposes of establishing reasonable service quality criteria, assuring resolution of service complaints, and ensuring the fair treatment of all telecommunications providers in the telecommunications marketplace.

(6)(a)  The Legislature finds the provision of alternative access vendor services to be in the public interest, and the commission may authorize the provision of such service. For the purposes of this section, effective January 1, 1996, the term "alternative access vendor services" means the provision of private line service between an entity and facilities at another location, whether owned by the entity or an unaffiliated entity or access service between an end user and an interexchange carrier by other than a local exchange telecommunications company. For purposes of this chapter, the term "private line service" means any dedicated point-to-point or point-to-multipoint service for the transmission of any public telecommunications service.

(b)  A person may not provide alternative access vendor services without first obtaining a certificate from the commission. Any certificated alternative access vendor as of the date this act becomes a law wishing to provide alternative local exchange telecommunications service in addition to the services authorized in its certificate may do so, effective January 1, 1996, upon furnishing written notice to the commission.

History.--ss. 4, 5, ch. 82-51; s. 1, ch. 84-83; s. 30, ch. 85-81; ss. 6, 7, ch. 89-163; ss. 34, 48, 49, ch. 90-244; s. 4, ch. 91-429; s. 23, ch. 95-403; s. 14, ch. 98-277; s. 16, ch. 2003-32.