House Bill hb0691

    Florida House of Representatives - 2001                 HB 691

        By Representative Allen






  1                      A bill to be entitled

  2         An act relating to telecommunications; amending

  3         s. 364.025, F.S.; extending certain time

  4         periods for provision of universal service

  5         obligations; providing an effective date.

  6

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

  8

  9         Section 1.  Subsections (1), (2), and (3) and paragraph

10  (a) of subsection (4) of section 364.025, Florida Statutes,

11  are amended to read:

12         364.025  Universal service.--

13         (1)  For the purposes of this section, the term

14  "universal service" means an evolving level of access to

15  telecommunications services that, taking into account advances

16  in technologies, services, and market demand for essential

17  services, the commission determines should be provided at

18  just, reasonable, and affordable rates to customers, including

19  those in rural, economically disadvantaged, and high-cost

20  areas.  It is the intent of the Legislature that universal

21  service objectives be maintained after the local exchange

22  market is opened to competitively provided services.  It is

23  also the intent of the Legislature that during this transition

24  period the ubiquitous nature of the local exchange

25  telecommunications companies be used to satisfy these

26  objectives. For a period of 9 8 years after January 1, 1996,

27  each local exchange telecommunications company shall be

28  required to furnish basic local exchange telecommunications

29  service within a reasonable time period to any person

30  requesting such service within the company's service

31  territory.

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    Florida House of Representatives - 2001                 HB 691

    741-105-01






  1         (2)  The Legislature finds that each telecommunications

  2  company should contribute its fair share to the support of the

  3  universal service objectives and carrier-of-last-resort

  4  obligations.  For a transitional period not to exceed January

  5  1, 2005 2004, the interim mechanism for maintaining universal

  6  service objectives and funding carrier-of-last-resort

  7  obligations shall be established by the commission, pending

  8  the implementation of a permanent mechanism.  The interim

  9  mechanism shall be applied in a manner that ensures that each

10  alternative local exchange telecommunications company

11  contributes its fair share to the support of universal service

12  and carrier-of-last-resort obligations.  The interim mechanism

13  applied to each alternative local exchange telecommunications

14  company shall reflect a fair share of the local exchange

15  telecommunications company's recovery of investments made in

16  fulfilling its carrier-of-last-resort obligations, and the

17  maintenance of universal service objectives. The commission

18  shall ensure that the interim mechanism does not impede the

19  development of residential consumer choice or create an

20  unreasonable barrier to competition.  In reaching its

21  determination, the commission shall not inquire into or

22  consider any factor that is inconsistent with s.

23  364.051(1)(c).  The costs and expenses of any government

24  program or project required in part II of this chapter shall

25  not be recovered under this section.

26         (3)  In the event any party, prior to January 1, 2005

27  2004, believes that circumstances have changed substantially

28  to warrant a change in the interim mechanism, that party may

29  petition the commission for a change, but the commission shall

30  grant such petition only after an opportunity for a hearing

31  and a compelling showing of changed circumstances, including

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    Florida House of Representatives - 2001                 HB 691

    741-105-01






  1  that the provider's customer population includes as many

  2  residential as business customers.  The commission shall act

  3  on any such petition within 120 days.

  4         (4)(a)  Prior to January 1, 2005 2004, the Legislature

  5  shall establish a permanent universal service mechanism upon

  6  the effective date of which any interim recovery mechanism for

  7  universal service objectives or carrier-of-last-resort

  8  obligations imposed on alternative local exchange

  9  telecommunications companies shall terminate.

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

11  law.

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14                          HOUSE SUMMARY

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      Extends for an additional year time periods for provision
16    of universal service obligations. See bill for details.

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