Senate Bill 2476

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    Florida Senate - 1999                                  SB 2476

    By Senator Jones





    30-1594A-99

  1                      A bill to be entitled

  2         An act relating to telecommunications

  3         companies; amending s. 364.0251, F.S.;

  4         providing for the commission to require local

  5         exchange companies to provide competitive

  6         provider information in bill inserts; creating

  7         s. 364.151, F.S.; providing standards for the

  8         interconnection of telecommunications

  9         companies; providing for obligations of local

10         exchange companies; providing for negotiation

11         and arbitration of agreements; creating s.

12         364.152, F.S.; providing procedures for

13         negotiation, arbitration, and approval of

14         agreements among companies; requiring approval

15         by the commission; amending s. 364.16, F.S.;

16         deleting local interconnection requirements;

17         providing for access to local telephone

18         numbering resources; amending s. 364.161, F.S.;

19         revising requirements for unbundling and

20         resale; amending s. 364.162, F.S.; revising

21         requirements for interconnection and resale

22         pricing; amending s. 364.285, F.S.; increasing

23         administrative penalties; providing for damage

24         suits and alternative penalties; amending s.

25         364.30, F.S.; directing the commission to

26         resolve routing disputes; amending s. 364.3382,

27         F.S.; providing for monthly bill inserts of

28         pricing options; providing an effective date.

29

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

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  1         Section 1.  Section 364.0251, Florida Statues, is

  2  amended to read:

  3         364.0251  Competitive providers of local service;

  4  implementation of consumer information program required.--By

  5  January 1, 1996, the commission shall implement a consumer

  6  information program to inform subscribers of the existence

  7  possibility under the law of competitive providers of local

  8  exchange telecommunications services, their rights as

  9  customers of these alternative providers, the commission's

10  regulatory authority over the alternative providers, and any

11  other information the commission deems appropriate.  The

12  commission shall may, pursuant to this program, require all

13  companies providing local exchange telecommunications services

14  to provide such information in the form of a bill insert.

15         Section 2.  Section 364.151, Florida Statutes, is

16  created to read:

17         364.151  Interconnection; negotiation and arbitration

18  of agreements.--

19         (1)  GENERAL DUTY OF TELECOMMUNICATIONS CARRIERS.--Each

20  telecommunications company shall interconnect directly or

21  indirectly with the facilities and equipment of other

22  telecommunications companies and may not install network

23  features, functions, or capabilities that do not comply with

24  the guidelines and standards established under commission

25  rule.

26         (2)  OBLIGATIONS OF ALL LOCAL EXCHANGE COMPANIES.--Each

27  local exchange company shall:

28         (a)  Not prohibit and not impose unreasonable or

29  discriminatory conditions or limitations on the resale of its

30  telecommunications services.

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  1         (b)  Provide, to the extent technically feasible,

  2  number portability in accordance with requirements prescribed

  3  by the commission.

  4         (c)  Provide dialing parity to competing providers of

  5  telephone exchange service and telephone toll service, and

  6  permit all such providers to have nondiscriminatory access to

  7  telephone numbers, operator services, directory assistance,

  8  and directory listing, with no unreasonable dialing delays.

  9         (d)  Afford access to the poles, ducts, conduits, and

10  rights-of-way of the company to competing providers of

11  telecommunications services under nondiscriminatory rates,

12  terms, and conditions.

13         (e)  Establish reciprocal compensation arrangements for

14  the transport and termination of telecommunications.

15         (3)  ADDITIONAL OBLIGATIONS OF LOCAL EXCHANGE

16  TELECOMMUNICATIONS COMPANIES.--Each incumbent local exchange

17  telecommunications company shall:

18         (a)  Negotiate in good faith the particular terms and

19  conditions of agreements to fulfill the duties described in

20  this section and s. 364.152. The requesting telecommunications

21  company also has the duty to negotiate in good faith the terms

22  and conditions of such agreements.

23         (b)  Provide, for the facilities and equipment of any

24  requesting telecommunications company, interconnection with

25  the local exchange company's network:

26         1.  For the transmission and routing of telephone,

27  exchange service, and exchange access;

28         2.  At any technically feasible point within the

29  company's network;

30         3.  That is at least equal in quality to that provided

31  by the local exchange company to itself or to any subsidiary,

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  1  affiliate, or any other party to which the company provides

  2  interconnection; and

  3         4.  On rates, terms, and conditions that are just,

  4  reasonable, and nondiscriminatory, in accordance with the

  5  terms and conditions of the agreement and the requirements of

  6  this section and s. 364.152.

  7         (c)  Provide, to any requesting telecommunications

  8  carrier for the provision of a telecommunications service,

  9  nondiscriminatory access to network elements on an unbundled

10  basis at any technically feasible point on rates, terms, and

11  conditions that are just, reasonable, and nondiscriminatory in

12  accordance with the terms and conditions of the agreement and

13  the requirements of this section and s. 364.152.  An incumbent

14  local exchange telecommunications company shall provide

15  unbundled network elements in a manner that allows requesting

16  companies to combine the elements in order to provide the

17  telecommunications service. An incumbent local exchange

18  carrier shall provide to any requesting telecommunications

19  carrier the combination of network elements requested. The

20  request must be honored whether it is a different service or

21  whether it duplicates a service currently provided by the

22  incumbent local exchange carrier.

23         (d)  Offer for resale at wholesale rates any

24  telecommunications service that the company provides at retail

25  to subscribers who are not telecommunications companies, but

26  may not prohibit, nor impose unreasonable or discriminatory

27  conditions or limitations on the resale of the

28  telecommunications service, except that the commission may,

29  consistent with rules adopted by the commission under this

30  section, prohibit a reseller that obtains at wholesale rates a

31  telecommunications service that is available at retail only to

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  1  a category of subscribers from offering the service to a

  2  different category of subscribers.

  3         (e)  Provide reasonable public notice of changes in the

  4  information necessary for the transmission and routing of

  5  services using that local exchange company's facilities or

  6  networks, as well as of any other changes that would affect

  7  the interoperability of those facilities and networks.

  8         (f)  Provide, on rates, terms, and conditions that are

  9  just, reasonable, and nondiscriminatory, for physical

10  collocation of switching and other equipment necessary for the

11  provision of telecommunication services at the premises of the

12  local exchange carrier, except that the carrier may provide

13  for virtual collocation if the local exchange carrier

14  demonstrates to the commission that physical collocation is

15  not practical for technical reasons or because of space

16  limitations.

17         (g)  Provide to any requesting telecommunications

18  carrier access and use in a nondiscriminatory manner, and

19  identical to that which the incumbent local exchange carrier

20  uses, the following five functions of operational support

21  systems:  preordering, ordering, provisioning, billing, and

22  maintenance and repair. The incumbent local exchange carrier

23  shall provide access and use to the databases associated with

24  each of the identified functions.

25

26  An incumbent local exchange carrier is prohibited from selling

27  an unbundled loop to any requesting telecommunications carrier

28  at cost or at a rate greater than the retail price provided

29  for the least expensive basic telephone service.

30         (4)  IMPLEMENTATION.--The commission shall complete all

31  actions necessary to establish rules to implement the

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  1  requirements of this section. In determining what network

  2  elements should be made available, the commission shall

  3  consider, at a minimum, whether access to the network elements

  4  that are proprietary in nature is necessary and whether the

  5  failure to provide access to those network elements would

  6  impair the ability of the telecommunications carrier seeking

  7  access to provide the services that it seeks to offer.

  8         (5)  NUMBERING ADMINISTRATION.--The commission shall

  9  create or designate one or more impartial entities to

10  administer telecommunications numbering and to make the

11  numbers available on an equitable basis. The cost of

12  establishing telecommunications numbering administration

13  arrangements and number portability shall be borne by all

14  telecommunications carriers on a competitively neutral basis

15  as determined by the commission.

16         (6)  EXEMPTIONS, SUSPENSIONS, AND MODIFICATIONS.--

17         (a)1.  Subsection (3) does not apply to a rural

18  telephone company until the company has received a bona fide

19  request for interconnection, services, or network elements and

20  the commission determines that the request is not unduly

21  economically burdensome, is technically feasible, and is

22  consistent with this chapter.

23         2.  The party making a bona fide request of a rural

24  telephone company for interconnection, services, or network

25  elements shall submit a notice of its request to the

26  commission. The commission shall conduct an inquiry for the

27  purpose of determining whether to terminate the exemption

28  under subparagraph 1. Within 120 days after the state

29  commission receives notice of the request, the commission

30  shall terminate the exemption if the request is not unduly

31  economically burdensome, is technically feasible, and is

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  1  consistent with this chapter. Upon termination of the

  2  exemption, the commission shall establish an implementation

  3  schedule for compliance with the request that is consistent in

  4  time and manner with commission rules.

  5         3.  The exemption provided by this paragraph does not

  6  apply with respect to a request under subsection (3) from a

  7  cable operator providing video programming, and seeking to

  8  provide any telecommunications service, in the area in which

  9  the rural telephone company provides video programming. The

10  limitation contained in this subparagraph does not apply to a

11  rural telephone company that is providing video programming on

12  October 1, 1999.

13         (b)  A local exchange carrier with fewer than 2 percent

14  of the state's subscriber lines may petition the commission

15  for a suspension or modification of the application of a

16  requirement or requirements of subsection (2) or (3) to

17  telephone exchange service facilities specified in the

18  petition. The commission shall grant the petition to the

19  extent that, and for such duration as, the commission

20  determines that the suspension or modification:

21         1.  Is necessary to avoid:

22         a.  A significant adverse economic impact on users of

23  telecommunications services generally;

24         b.  Imposing a requirement that is unduly economically

25  burdensome; or

26         c.  Imposing a requirement that is technically

27  infeasible; and

28         2.  Is consistent with the public interest,

29  convenience, and necessity.

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  1  The commission shall act upon any petition filed under this

  2  paragraph within 180 days after receiving the petition.

  3  Pending action, the commission may suspend enforcement of the

  4  requirement or requirements to which the petition applies with

  5  respect to the petitioning carrier or carriers.

  6         (7)  CONTINUED ENFORCEMENT OF EXCHANGE ACCESS AND

  7  INTERCONNECTION REQUIREMENTS.--On and after October 1, 1999,

  8  each local exchange carrier, to the extent that it provides

  9  wireline services, shall provide exchange access, information

10  access, and exchange services for access to interexchange

11  carriers and information service providers in accordance with

12  the same equal access and nondiscriminatory interconnection

13  restrictions and obligations, including receipt of

14  compensation, that apply to the carrier on the date

15  immediately preceding October 1, 1999, under any court order,

16  consent decree, or regulation, order, or policy of the

17  commission, until the restrictions and obligations are

18  explicitly superseded by rules adopted by the commission after

19  October 1, 1999. During the period beginning October 1, 1999,

20  and until such restrictions and obligations are so superseded,

21  the restrictions and obligations are enforceable in the same

22  manner as rules of the commission.

23         Section 3.  Section 364.152, Florida Statutes, is

24  created to read:

25         364.152 Procedure for negotiation, arbitration, and

26  approval of agreements.--

27         (1)  AGREEMENTS ARRIVED AT THROUGH NEGOTIATION.--

28         (a)  Upon receiving a request for interconnection,

29  services, or network elements under s. 364.151, an incumbent

30  local exchange telecommunications company may negotiate and

31  enter into a binding agreement with the requesting

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  1  telecommunications carrier or carriers without regard to the

  2  standards set forth in s. 364.151(2) and (3). The agreement

  3  must include a detailed schedule of itemized charges for

  4  interconnection and each service or network element included

  5  in the agreement.

  6         (b)  Any party negotiating an agreement under this

  7  section may at any point in the negotiation ask the commission

  8  to participate in the negotiation and to mediate any

  9  differences arising in the course of the negotiation. 

10         (2)  AGREEMENTS ARRIVED AT THROUGH COMPULSORY

11  ARBITRATION.--

12         (a)  During the period from the 135th to the 160th day

13  (inclusive) after the date on which an incumbent local

14  exchange carrier receives a request for negotiation under this

15  section, the carrier or any other party to the negotiation may

16  petition the commission to arbitrate any open issues. 

17         (b)1.  A party that petitions the commission under

18  paragraph (a) shall, at the same time as it submits the

19  petition, provide the commission all relevant documentation

20  concerning the unresolved issues, the position of each of the

21  parties with respect to those issues, and any other issue

22  discussed and resolved by the parties.

23         2.  A party that petitions the commission under

24  paragraph (a) shall provide a copy of the petition and any

25  documentation to the other party or parties not later than the

26  day on which the commission receives the petition.

27         (c)  A nonpetitioning party to a negotiation under this

28  section may respond to the other party's petition and provide

29  additional information as it wishes within 25 days after the

30  commission receives the petition.

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  1         (d)  The commission shall limit its consideration of

  2  any petition under paragraph (a) and any response thereto to

  3  the issues set forth in the petition and in the response, if

  4  any, filed under paragraph (c). The commission may require the

  5  petitioning party and the responding party to provide

  6  information as may be necessary for the commission to reach a

  7  decision on the unresolved issues. If any party refuses or

  8  fails unreasonably to respond on a timely basis to any

  9  reasonable request from the commission, then the commission

10  may proceed on the basis of the best information available to

11  it from whatever source derived. The commission shall resolve

12  each issue set forth in the petition and the response, if any,

13  by imposing appropriate conditions as required to implement

14  subsection (3) upon the parties to the agreement, and shall

15  conclude the resolution of any unresolved issues not later

16  than 9 months after the date on which the local exchange

17  telecommunications company received the request under this

18  section.

19         (e)  The refusal of any other party to the negotiation

20  to participate further in the negotiations, to cooperate with

21  the commission in carrying out its function as an arbitrator,

22  or to continue to negotiate in good faith in the presence, or

23  with the assistance, of the commission is considered a failure

24  to negotiate in good faith.

25         (3)  STANDARDS FOR ARBITRATION.--In resolving by

26  arbitration under subsection (2) any open issues and imposing

27  conditions upon the parties to the agreement, the commission

28  shall:

29         (a)  Ensure that the resolution and conditions meet the

30  requirements of s. 364.151, including the rules prescribed by

31  the commission under that section;

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  1         (b)  Establish any rates for interconnection, services,

  2  or network elements according to subsection (4); and

  3         (c)  Provide a schedule for implementation of the terms

  4  and conditions by the parties to the agreement.

  5         (4)  PRICING STANDARDS.--

  6         (a)  Determinations by the commission of the just and

  7  reasonable rate for the interconnection of facilities and

  8  equipment for purposes of s. 364.151(3)(b), and the just and

  9  reasonable rate for network elements for purposes of s.

10  364.151(3)(c) shall be based on the cost, determined without

11  reference to a rate-of-return or other rate-based proceeding,

12  of providing the interconnection or network element, whichever

13  is applicable, and nondiscriminatory, and may include a

14  reasonable profit.

15         (b)  For the purposes of compliance by an incumbent

16  local exchange carrier with s. 364.151(2)(e), the commission

17  shall not consider the terms and conditions for reciprocal

18  compensation to be just and reasonable unless the terms and

19  conditions provide for the mutual and reciprocal recovery by

20  each company of costs associated with the transport and

21  termination on each company's network facilities of calls that

22  originate on the network facilities of the other company and

23  the terms and conditions determine those costs on the basis of

24  a reasonable approximation of the additional costs of

25  terminating the calls.

26         (c)  This subsection may not be construed to preclude

27  arrangements that afford the mutual recovery of costs through

28  the offsetting of reciprocal obligations, including

29  arrangements that waive mutual recovery, such as bill-and-keep

30  arrangements, or to authorize the commission to engage in any

31  rate regulation proceeding to establish with particularity the

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  1  additional costs of transporting or terminating calls, or to

  2  require carriers to maintain records with respect to the

  3  additional costs of the calls.

  4         (d)  For the purposes of s. 364.151(3)(d), the

  5  commission shall determine wholesale rates on the basis of

  6  retail rates charged to subscribers for the telecommunications

  7  service requested, excluding the portion thereof attributable

  8  to any marketing, billing, collection, and other costs that

  9  will be avoided by the local exchange carrier.

10         (5)  APPROVAL BY THE COMMISSION.--

11         (a)  Any interconnection agreement adopted by

12  negotiation or arbitration shall be submitted for approval to

13  the commission. The commission shall approve or reject the

14  agreement with written findings as to any deficiencies.

15         (b)  The commission may only reject:

16         1.  An agreement, or any portion thereof, adopted by

17  negotiation under subsection (1) if it finds that:

18         a.  The agreement, or portion thereof, discriminates

19  against a telecommunications carrier not a party to the

20  agreement; or

21         b.  The implementation of such agreement or portion is

22  not consistent with the public interest, convenience, and

23  necessity; or

24         2.  An agreement, or any portion thereof, adopted by

25  arbitration under subsection (2) if it finds that the

26  agreement does not meet the requirements of s. 364.151

27  including the rules adopted by the commission under s. 364.151

28  and this section or the standards set forth in subsection (4).

29         (c)  This section does not prohibit the commission from

30  establishing or enforcing other requirements of law in its

31  review of an agreement, including requiring compliance with

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  1  intrastate telecommunications service quality standards or

  2  requirements.

  3         (d)  If the commission does not act to approve or

  4  reject the agreement within 90 days after submission by the

  5  parties of an agreement adopted by negotiation under

  6  subsection (1), or within 30 days after submission by the

  7  parties of an agreement adopted by arbitration under

  8  subsection (2), the agreement is approved. The circuit court

  9  has jurisdiction to review the action of the commission in

10  approving or rejecting an agreement under this section.

11         (6)  FILING REQUIRED.--The commission shall make a copy

12  of each agreement available for public inspection and copying

13  within 10 days after the agreement or statement is approved.

14  The commission may charge a reasonable and nondiscriminatory

15  fee to the parties to the agreement or to the party filing the

16  statement to cover the costs of approving and filing the

17  agreement or statement.

18         (7)  AVAILABILITY TO OTHER TELECOMMUNICATIONS

19  CARRIERS.--A local exchange carrier shall make available any

20  interconnection, service, or network element provided under an

21  agreement approved under this section to which it is a party

22  to any other requesting telecommunications carrier upon the

23  same terms and conditions as those provided in the agreement.

24         Section 4.  Section 364.16, Florida Statutes, is

25  amended to read:

26         364.16  Connection of lines and transfers; local

27  interconnection; telephone number portability.--

28         (1)  Whenever the commission finds that connections

29  between any two or more local exchange telecommunications

30  companies, whose lines form a continuous line of communication

31  or could be made to do so by the construction and maintenance

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  1  of suitable connections at common points, can reasonably be

  2  made and efficient service obtained, and that such connections

  3  are necessary, the commission may require such connections to

  4  be made, may require that telecommunications services be

  5  transferred, and may prescribe through lines and joint rates

  6  and charges to be made, used, observed, and in force in the

  7  future and fix the rates and charges by order to be served

  8  upon the company or companies affected.

  9         (2)  Each alternative local exchange telecommunications

10  company shall provide access to, and interconnection with, its

11  telecommunications services to any other provider of local

12  exchange telecommunications services requesting such access

13  and interconnection at nondiscriminatory prices, terms, and

14  conditions. If the parties are unable to negotiate mutually

15  acceptable prices, terms, and conditions after 60 days, either

16  party may petition the commission and the commission shall

17  have 120 days to make a determination after proceeding as

18  required by s. 364.162(6) pertaining to interconnection

19  services.

20         (3)  Each local exchange telecommunications company

21  shall provide access to, and interconnection with, its

22  telecommunications facilities to any other provider of local

23  exchange telecommunications services requesting such access

24  and interconnection at nondiscriminatory prices, rates, terms,

25  and conditions established by the procedures set forth in s.

26  364.162.

27         (2)(a)  No local exchange telecommunications company or

28  alternative local exchange telecommunications company shall

29  knowingly deliver traffic, for which terminating access

30  service charges would otherwise apply, through a local

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  1  interconnection arrangement without paying the appropriate

  2  charges for such terminating access service.

  3         (b)  Any party with a substantial interest may petition

  4  the commission for an investigation of any suspected violation

  5  of paragraph (a). In the event any certificated local exchange

  6  service provider knowingly violates paragraph (a), the

  7  commission shall have jurisdiction to arbitrate bona fide

  8  complaints arising from the requirements of this subsection

  9  and shall, upon such complaint, have access to all relevant

10  customer records and accounts of any telecommunications

11  company.

12         (3)(4)  In order to assure that consumers have access

13  to different local exchange service providers without being

14  disadvantaged, deterred, or inconvenienced by having to give

15  up the consumer's existing local telephone number, all

16  providers of local exchange services must have access to local

17  telephone numbering resources and assignments on identical

18  equitable terms that include a recognition of the scarcity of

19  such resources  and are in accordance with national assignment

20  guidelines.  Each local exchange provider, except small local

21  exchange telecommunications companies under rate of return

22  regulation, shall provide a temporary means of achieving

23  telephone number portability. The parties, under the direction

24  of the commission, shall set up a number portability standards

25  group by no later than September 1, 1995, for the purposes of

26  investigation and development of appropriate parameters,

27  costs, and standards for number portability.  If the parties

28  are unable to successfully negotiate the prices, terms, and

29  conditions of a temporary number portability solution, the

30  commission shall establish a temporary number portability

31  solution by no later than January 1, 1996.  Each local

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  1  exchange service provider shall make necessary modifications

  2  to allow permanent portability of local telephone numbers

  3  between certificated providers of local exchange service as

  4  soon as reasonably possible after the development of national

  5  standards. The parties shall negotiate the prices, terms, and

  6  conditions for permanent telephone number portability

  7  arrangements.  In the event the parties are unable to

  8  satisfactorily negotiate the prices, terms, and conditions,

  9  either party may petition the commission and the commission

10  shall, after opportunity for a hearing, set the rates, terms,

11  and conditions. The prices and rates shall not be below cost.

12  Number portability between different certificated providers of

13  local exchange service at the same location shall be provided

14  temporarily no later than January 1, 1996.

15         (5)  When requested, each certificated

16  telecommunications company shall provide access to any poles,

17  conduits, rights-of-way, and like facilities that it owns or

18  controls to any local exchange telecommunications company or

19  alternative local exchange telecommunications company pursuant

20  to reasonable rates and conditions mutually agreed to which do

21  not discriminate between similarly situated companies.

22         Section 5.  Section 364.161, Florida Statutes, 1998

23  Supplement, is amended to read:

24         364.161  Unbundling and resale.--

25         (1)  Upon request, each local exchange

26  telecommunications company shall unbundle all of its network

27  features, functions, and capabilities, including access to

28  signaling databases, systems and routing processes, and offer

29  them to any other telecommunications provider requesting such

30  features, functions or capabilities for resale to the extent

31  technically and economically feasible.  The parties shall

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  1  negotiate the terms, conditions, and prices of any feasible

  2  unbundling request.  If the parties cannot reach a

  3  satisfactory resolution within 60 days, either party may

  4  petition the commission to arbitrate the dispute and the

  5  commission shall make a determination within 120 days.  In no

  6  event, however, shall the local exchange telecommunications

  7  company be required to offer such unbundled services, network

  8  features, functions or capabilities, or unbundled local loops

  9  at prices that are below cost.  The prices, rates, terms, and

10  conditions for the unbundled services shall be established by

11  the procedure set forth in s. 364.162 and shall be equally

12  applicable to both the local exchange telecommunications

13  company and its affiliates in the provision of their own

14  service, until such time as the local exchange

15  telecommunications company petitions the commission and the

16  commission determines otherwise, but in no event prior to July

17  1, 1999.

18         (1)(2)  Other than ensuring that the resale is of the

19  same class of service, no local exchange telecommunications

20  company may impose any restrictions on the resale of its

21  services or facilities except those the commission may

22  determine are reasonable. The local exchange

23  telecommunications company's currently tariffed, flat-rated,

24  switched residential and business services shall not be

25  required to be resold until the local exchange

26  telecommunications company is permitted to provide inter-LATA

27  services and video programming, but in no event before July 1,

28  1997.  In no event shall the price of any service provided for

29  resale be below cost.

30         (2)(3)  Only after an alternative local exchange

31  telecommunicationscompany has been determined to be a carrier

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  1  of last resort shall such company, upon request by another

  2  telecommunications provider, be required, for purposes of

  3  resale, to unbundle its local exchange services, network

  4  features, functions and capabilities, including its local

  5  loop, to the extent such unbundling is technically and

  6  economically feasible.  The parties shall negotiate the terms,

  7  conditions, and prices of any feasible unbundling request.  If

  8  the parties cannot reach a satisfactory resolution within 60

  9  days, either party may petition the commission to arbitrate

10  the dispute and the commission shall make a determination

11  within 120 days.  The prices shall not be below cost.

12         (3)(4)  A local exchange telecommunications company

13  shall provide unbundled network elements, services for resale,

14  requested repairs, and necessary support services immediately

15  in a timely manner.  The Public Service Commission shall

16  maintain a file of all complaints by alternative local

17  exchange telecommunications companies against local exchange

18  telecommunications companies regarding timeliness and adequacy

19  of service. This information, including how and when each

20  complaint was resolved, shall be included with the

21  commission's annual report to the Legislature on competition.

22         Section 6.  Section 364.162, Florida Statutes, is

23  amended to read:

24         364.162  Negotiated prices for interconnection and for

25  the resale of services and facilities; commission rate

26  setting.--

27         (1)  Any party who, on July 1, 1995, has an application

28  on file with the commission to become an alternative local

29  exchange telecommunications company shall have until August

30  31, 1995, to negotiate with a local exchange

31  telecommunications company mutually acceptable prices, terms,

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  1  and conditions of interconnection and for the resale of

  2  services and facilities.

  3         (2)  If a negotiated price is not established by August

  4  31, 1995, either party may petition the commission to

  5  establish nondiscriminatory rates, terms, and conditions of

  6  interconnection and for the resale of services and facilities.

  7         (1)  Whether set by negotiation or by the commission,

  8  interconnection and resale prices, rates, terms, and

  9  conditions shall be filed with the commission before their

10  effective date.  The commission shall have the authority to

11  arbitrate any dispute regarding interpretation of

12  interconnection or resale prices and terms and conditions.

13         (3)  In the event that the commission receives a single

14  petition relating to either interconnection or resale of

15  services and facilities, it shall vote, within 120 days

16  following such filing, to set nondiscriminatory rates, terms,

17  and conditions, except that the rates shall not be below cost.

18  If the commission receives one or more petitions relating to

19  both interconnection and resale of services and facilities,

20  the commission shall conduct separate proceedings for each

21  and, within 120 days following such filing, make two separate

22  determinations setting such nondiscriminatory rates, terms,

23  and conditions, except that the rates shall not be below cost.

24         (2)(4)  In setting the local interconnection charge,

25  the commission shall determine that the charge is sufficient

26  to cover the cost of furnishing interconnection.

27         (5)  The commission shall ensure that, if the rate it

28  sets for a service or facility to be resold provides a

29  discount below the tariff rate for such service or facility

30  which appropriately reflects the local exchange

31  telecommunications company's avoidance of the expense and cost

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  1  of marketing such service or facility to retail customers,

  2  such rate must not be below cost.  The commission shall also

  3  assure that this rate is not set so high that it would serve

  4  as a barrier to competition.

  5         (6)  An alternative local exchange telecommunications

  6  company that did not have an application for certification on

  7  file with the commission on July 1, 1995, shall have 60 days

  8  from the date it is certificated to negotiate with a local

  9  exchange telecommunications company mutually acceptable

10  prices, terms, and conditions of interconnection and for the

11  resale of services and facilities.  If a negotiated price is

12  not established after 60 days, either party may petition the

13  commission to establish nondiscriminatory rates, terms, and

14  conditions of interconnection and for the resale of services

15  and facilities.  The commission shall have 120 days to make a

16  determination after proceeding as required by subsection (3).

17         (7)  Prior to July 1, 1999, the parties may negotiate a

18  new local interconnection charge to be effective not earlier

19  than July 1, 1999.  If the parties cannot satisfactorily

20  negotiate a new local interconnection charge, either party may

21  petition the commission to resolve the matter.  In the event

22  any party, prior to July 1, 1999, believes that circumstances

23  have changed substantially to warrant a different price for

24  local interconnection, that party may petition the commission

25  for a price change, but the commission shall grant such

26  petition only after an opportunity for a hearing and a

27  compelling showing of changed circumstances, including that

28  the provider's customer population includes as many

29  residential as business customers.  The commission shall act

30  on any such petition within 120 days.

31

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  1         Section 7.  Subsection (1) of section 364.285, Florida

  2  Statutes, is amended, and subsection (3) is added to that

  3  section, to read:

  4         364.285  Penalties.--

  5         (1)  The commission shall have the power to impose upon

  6  any entity subject to its jurisdiction under this chapter

  7  which is found to have refused to comply with or to have

  8  willfully violated any lawful rule or order of the commission

  9  or any provision of this chapter a penalty for each offense of

10  not more than $100,000 $25,000, which penalty shall be fixed,

11  imposed, and collected by the commission; or the commission

12  may, for any such violation, amend, suspend, or revoke any

13  certificate issued by it.  Each day that such refusal or

14  violation continues constitutes a separate offense. Each

15  penalty shall be a lien upon the real and personal property of

16  the entity, enforceable by the commission as a statutory lien

17  under chapter 85.  Collected penalties shall be deposited in

18  the General Revenue Fund unallocated.

19         (3)  Nothing in this chapter prohibits, exempts, or

20  otherwise precludes, any entity from bringing an action for

21  damages against any other entity, whether arising under state

22  or federal law. Any entity may file suit in the circuit court

23  against any other entity for damages arising from a violation

24  of this chapter; and, in any such suit, deference must be

25  given to decisions of the Federal Communications Commission,

26  the commission, and the federal courts in interpreting those

27  obligations imposed by this chapter. Any suit for damages

28  under this section may be combined with an enforcement

29  proceeding brought by a nongovernmental person under s.

30  120.69. When any entity has willfully refused to comply with

31  any lawful rule or order of the commission, a nongovernmental

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  1  entity bringing suit under s. 120.69 may also seek, and the

  2  circuit court may impose, those penalties set forth in

  3  subsection (1) for every day of noncompliance. Fifty-percent

  4  of the amount of the penalties collected by the

  5  nongovernmental entity shall be provided to the General

  6  Revenue Fund unallocated, and the remainder may be retained by

  7  the entity seeking enforcement as additional compensation. In

  8  any suit to enforce compliance under s. 120.69, the court

  9  shall award the enforcing party costs and reasonable

10  attorney's fees associated with any compliance ordered by the

11  court.

12         Section 8.  Subsection (1) of section 364.30, Florida

13  Statutes, is amended to read:

14         364.30  Telecommunications companies; points of

15  connection.--

16         (1)  Any telecommunications company operating within

17  the state subject to the provisions of this chapter, having

18  more than one point of connection with or through any other

19  telecommunications company, is hereby authorized and permitted

20  to use and enjoy any of its points of connection on any call

21  at any time such points of connection are not in use, and the

22  company with which the call is initiated shall be the sole

23  judge in each instance as to whether the convenience and

24  necessity of its own subscribers, the facility with which the

25  connection and call may be completed, and its financial

26  welfare are best served by the routing selected by the company

27  receiving any such individual call. A local exchange

28  telecommunications company shall give consideration to an

29  alternative local exchange company's request for routing, and

30  any dispute shall be resolved by the commission. Any

31  telecommunications company having two or more points of

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  1  connection with any other company may not be required by the

  2  connecting company to route all or any specific number of its

  3  calls through any one connection at the will of the connecting

  4  company.

  5         Section 9.  Subsection (1) of section 364.3382, Florida

  6  Statutes, is amended to read:

  7         364.3382  Disclosure.--

  8         (1)  A local exchange telecommunications company, when

  9  a residential customer initially requests service, shall

10  advise each residential customer of the least-cost service

11  available to that customer.  Monthly Annually, in the form of

12  a bill insert, the local exchange telecommunications company

13  shall advise each residential customer of the price of each

14  service option selected by that customer and also the prices

15  for those or similar services provided by any alternative

16  local exchange telecommunications companies serving that same

17  area. The requirement of an annual notice through a bill

18  insert does not apply to interexchange service.

19         Section 10.  This act shall take effect October 1,

20  1999.

21

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

23                          SENATE SUMMARY

24    Provides for the regulation of local exchange
      telecommunications companies. Creates new standards for
25    interconnections and procedures for negotiation,
      arbitration, and approval of agreements among companies.
26

27

28

29

30

31

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