Senate Bill 1978

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    Florida Senate - 1998                                  SB 1978

    By Senator Lee





    23-1048-98

  1                      A bill to be entitled

  2         An act relating to telephone billing

  3         disclosure; creating s. 364.045, F.S.;

  4         providing requirements for billing and consumer

  5         information provided to customers by local

  6         exchange companies and alternative local

  7         exchange companies; prohibiting the

  8         disconnection of a customer's local service in

  9         specified circumstances; allowing requirements

10         to be waived by a written agreement; providing

11         for rulemaking by the Florida Public Service

12         Commission; providing an effective date.

13

14  Be It Enacted by the Legislature of the State of Florida:

15

16         Section 1.  Section 364.045, Florida Statutes, is

17  created to read:

18         364.045  Billing and consumer information.--

19         (1)  Local exchange companies and alternative local

20  exchange companies must resolve billing inquiries regarding

21  charges or other items that appear on or are included with

22  their bills. Companies must answer such inquiries orally and,

23  if requested, must also answer in writing. Answers to

24  inquiries must be timely provided. For each portion of its

25  bill, a company must clearly identify a telephone number to

26  call for billing inquiries. Calls to a billing number must be

27  timely responded to, during normal business hours. The

28  personnel who respond to a billing inquiry must directly

29  answer the customer's questions without referring the customer

30  to any other entity and, if requested, must provide a mailing

31  address for written inquiries. 

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    Florida Senate - 1998                                  SB 1978
    23-1048-98




  1         (2)  A local exchange company or an alternative local

  2  exchange company may arrange for another entity to perform

  3  billing functions and directly to resolve inquiries, as long

  4  as those arrangements conform to the requirements of this

  5  section.

  6         (3)  If requested by a customer, a local exchange

  7  company or an alternative local exchange company must not, in

  8  the bill for its service, bill that customer for the products

  9  or services of any entity other than itself and the customer's

10  presubscribed intraLATA and interLATA interexchange service

11  providers. A company shall advise its customers of this

12  billing option at the time local service is ordered and

13  annually thereafter. There shall be no charge to the customer

14  for choosing this billing option.

15         (4)  If a telecommunications company bills a customer

16  on behalf of an interexchange company as though the customer

17  were presubscribed to that interexchange company, and it is

18  determined that the customer did not choose the company as a

19  presubscribed interexchange company, the customer is not

20  responsible for the payment of such charges.

21         (5)  Telecommunications companies shall clearly

22  identify the provider of each service or product for which

23  charges appear on a bill and shall specify the charge, taxes,

24  and fees associated with each service or product. The

25  commission shall adopt rules for bill format and bill content

26  in order to assist the consumer in understanding the bill.

27  Such rules must require that charges be clearly segregated for

28  each type of service and each provider, shall define how a

29  company separates the telecommunications charges from the

30  nontelecommunications charges, shall indicate how the company

31  issuing the bill must make clear to the customer which charges

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    Florida Senate - 1998                                  SB 1978
    23-1048-98




  1  must be paid in order to maintain which services, and shall

  2  describe how partial payments of a bill are to be treated.

  3         (6)  A local exchange company or an alternative local

  4  exchange company may not disconnect a customer's local service

  5  if the charges, taxes, and fees applicable to local service

  6  are paid. Any payment made must first be applied to local

  7  service charges, taxes, and fees.

  8         (7)  A company must offer service under the conditions

  9  described in subsections (1)-(6). However, as an additional

10  option, a company may offer to bill a customer in a manner

11  other than as specified in subsections (1)-(6). If the

12  customer agrees in writing to receive service under that

13  option, that written agreement controls the procedures under

14  which the customer receives service. Such a written agreement

15  must be a separate document that, as its sole purpose,

16  provides a description of billing and disconnection

17  procedures.

18         (8)  The commission may by rule specify procedures for

19  administering this section.

20         Section 2.  This act shall take effect July 1, 1998.

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22            *****************************************

23                          SENATE SUMMARY

24    Provides requirements for billing and consumer
      information relating to telephone service provided to
25    customers by local exchange companies and alternative
      local exchange companies. Prohibits the disconnection of
26    a customer's local service if the charges, taxes, and
      fees applicable to local service have been paid. Allows
27    requirements set forth in this section to be waived by a
      written agreement between a company and its customer.
28    Provides for rulemaking by the Florida Public Service
      Commission.
29

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