House Bill 0831c1

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    Florida House of Representatives - 1997              CS/HB 831

        By the Committee on Utilities & Communications and
    Representatives Clemons and Merchant





  1                      A bill to be entitled

  2         An act relating to telecommunications network

  3         access services; amending s. 364.163, F.S.;

  4         requiring specified reductions in intrastate

  5         switched access rates and long distance rates

  6         by certain companies under certain

  7         circumstances; providing an exception;

  8         authorizing certain local exchange

  9         telecommunications companies to adjust basic

10         local telecommunications service rates under

11         certain circumstances; providing an effective

12         date.

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

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16         Section 1.  Subsections (6) and (7) of section 364.163,

17  Florida Statutes, are amended to read:

18         364.163  Network access services.--For purposes of this

19  section, "network access service" is defined as any service

20  provided by a local exchange telecommunications company to a

21  telecommunications company certificated under this chapter or

22  licensed by the Federal Communications Commission to access

23  the local exchange telecommunications network, excluding the

24  local interconnection arrangements in s. 364.16 and the resale

25  arrangements in s. 364.161. Each local exchange

26  telecommunications company subject to s. 364.051 shall

27  maintain tariffs with the commission containing the terms,

28  conditions, and rates for each of its network access services.

29         (6)(a)  Any local exchange telecommunications company

30  whose current intrastate switched access rates are higher than

31  its interstate switched access rates in effect on December 31,

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    Florida House of Representatives - 1997              CS/HB 831

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  1  1994, shall reduce its intrastate switched access rates by 5

  2  percent annually beginning October 1, 1996.  Any such company

  3  shall be relieved of this requirement if it reduces such rates

  4  by a greater percentage by the relevant date or earlier,

  5  taking into account any reduction made pursuant to Florida

  6  Public Service Commission Order No. PSC 94-0172-FOF-TL.  Upon

  7  reaching parity between intrastate and 1994 interstate

  8  switched access rates, no further reductions shall be

  9  required.  Any telecommunications company whose intrastate

10  switched access rate is reduced by this subsection shall

11  decrease its customer long distance rates by the amount

12  necessary to return the benefits of such reduction to its

13  customers.

14         (b)  Any local exchange telecommunications company with

15  more than 100,000 and less than 1.85 million basic local

16  telecommunications service access lines in service on January

17  1, 1997, shall reduce its intrastate switched access rates by

18  an additional 5 percent on February 1, 1998, and February 1,

19  1999.

20         (c)  Any local exchange telecommunications company with

21  more than 1.85 million and less than 3 million basic local

22  telecommunications service access lines in service on January

23  1, 1997, shall reduce its intrastate switched access rates by

24  an additional 5 percent on February 1, 1998, June 1, 1998, and

25  February 1, 1999.

26         (d)  Any interexchange telecommunications company whose

27  intrastate switched access rate is reduced by this subsection

28  shall decrease its customer long distance rates by the amount

29  necessary to return the benefits of such reduction to its

30  customers. The commission shall ensure that the reductions

31  benefit all customers who make intrastate long distance calls,

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    Florida House of Representatives - 1997              CS/HB 831

    193-132A-97






  1  regardless of the volume or type of such calls unless the

  2  commission, after an opportunity for a hearing, determines

  3  that this is not in the public interest. The commission shall

  4  have continuing regulatory oversight of customer long distance

  5  rate reductions.

  6         (e)  Any local exchange company that can show it can no

  7  longer afford to provide universal service as a result of the

  8  rate reductions required by this subsection may petition the

  9  Public Service Commission for appropriate relief from the rate

10  reduction required by this subsection.

11         (f)  Access fee reductions pursuant to this section

12  shall not be deemed substantially changed circumstances for

13  purposes of s. 364.051(5).

14         (7)  Telecommunications company intrastate switched

15  access and customer long distance rate reductions shall become

16  effective on the relevant dates set forth in paragraphs (6)(b)

17  and (c) and on October 1 of each relevant year.  Rate

18  decreases proposed in tariff revisions filed by the

19  telecommunications companies with the commission shall be

20  presumed valid and become effective on the dates set forth in

21  paragraphs (6)(b) and (c) and on October 1 of each relevant

22  year.

23         Section 2.  This act shall take effect upon becoming a

24  law.

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