Senate Bill sb0988c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                            CS for SB 988

    By the Committee on Regulated Industries; and Senator Campbell





    315-2041-02

  1                      A bill to be entitled

  2         An act relating to switched network access

  3         rates; amending s. 364.10, F.S.; revising

  4         provisions for Lifeline Assistance Plan

  5         service; providing for certification and

  6         maintenance of claims by Office of Public

  7         Counsel; amending s. 364.163, F.S.; revising

  8         provisions relating to caps on rates; deleting

  9         provisions relating to recovery of costs of

10         government programs; revising provisions

11         relating to rate changes; providing for

12         adjustments in long distance revenues and

13         pass-through to customers; creating s. 364.164,

14         F.S.; providing for establishment of revenue

15         categories; providing for notification;

16         providing for timetable for reductions in

17         access rates; providing for revenue neutrality;

18         providing for notice; providing definitions;

19         providing for oversight of local exchange

20         companies; providing an effective date.

21

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

23

24         Section 1.  Subsection (3) is added to section 364.10,

25  Florida Statutes, to read:

26         364.10  Undue advantage to person or locality

27  prohibited; exception.--

28         (3)(a)  Any local exchange telecommunications company

29  subject to the provisions of s. 364.164(1)(a) and any

30  telecommunications company electing under s. 364.164(1)(b)

31  shall, effective March 31, 2003, have tariffed and shall

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 988
    315-2041-02




  1  provide Lifeline Assistance Plan service to any otherwise

  2  eligible customer or potential customer who meets an income

  3  eligibility test at 125 percent of the federal poverty income

  4  guidelines for Lifeline Assistance Plan customers. Such test

  5  for eligibility shall augment, rather than replace, the

  6  eligibility standards established by federal law and based on

  7  participation in certain low-income assistance programs. Each

  8  interexchange telecommunications carrier shall, effective

  9  March 31, 2003, file a tariff providing, at a minimum, the

10  current Lifeline Assistance Plan benefits and exemptions to

11  Lifeline Assistance Plan customers who meet the income

12  eligibility test set forth in this subsection. The Office of

13  Public Counsel shall serve as the state agency which certifies

14  and maintains claims submitted by a customer for eligibility

15  under the income test authorized by this subsection.

16         (b)  Each local exchange telecommunications company

17  subject to paragraph (a) shall provide to each state and

18  federal agency that provides benefits to persons who are

19  eligible for Lifeline Assistance applications, brochures,

20  pamphlets, or other materials that inform such persons of

21  their eligibility for Lifeline Assistance, and each state

22  agency providing such benefits shall furnish such materials to

23  affected persons at the time such persons apply for benefits.

24         Section 2.  Section 364.163, Florida Statutes, is

25  amended to read:

26         364.163  Network access services.--For purposes of this

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

28  provided by a local exchange telecommunications company to a

29  telecommunications company certificated under this chapter or

30  licensed by the Federal Communications Commission to access

31  the local exchange telecommunications network, excluding the

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 988
    315-2041-02




  1  local interconnection arrangements in s. 364.16 and the resale

  2  arrangements in s. 364.161. Each local exchange

  3  telecommunications company subject to s. 364.051 shall

  4  maintain tariffs with the commission containing the terms,

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

  6         (1)  Effective January 1, 1999, the rates for switched

  7  network access services of each company subject to this

  8  section shall be capped at the rates in effect on January 1,

  9  1999, and shall remain capped until January 1, 2001. Upon the

10  date of filing its election with the commission, the network

11  access service rates of a company that elects to become

12  subject to this section shall be capped at the rates in effect

13  on that date and shall remain capped for 5 years.

14         (1)(2)  After the termination of the caps imposed on

15  rates by subsection (1) and after a local exchange

16  telecommunications company's intrastate switched network

17  access rates are reduced to or below reach parity, as defined

18  in s. 364.164(5), the company's intrastate switched network

19  access rates shall be capped and shall remain capped for 3

20  years thereafter. with its interstate switched access rates, a

21  company subject to this section may, on 30 days' notice,

22  annually adjust any specific network access service rate in an

23  amount not to exceed the cumulative change in inflation

24  experienced after the date of the last adjustment, provided,

25  however, that no such adjustment shall ever exceed 3 percent

26  annually of the then-current prices.  Inflation shall be

27  measured by the changes in Gross Domestic Product Fixed 1987

28  Weights Price Index, or successor fixed weight price index,

29  published in the Survey of Current Business, or successor

30  publication, by the United States Department of Commerce.

31

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 988
    315-2041-02




  1         (3)  After the termination of the caps imposed on rates

  2  by subsection (1), a company subject to this section may, at

  3  any time, petition the commission for a network access service

  4  rate change to recover the cost of governmentally mandated

  5  projects or programs or an increase in federal or state income

  6  tax incurred after that date.  The costs and expenses of the

  7  government program or project required in part II of this

  8  chapter shall not be recovered under this subsection unless

  9  such costs and expenses are incurred in the absence of a bid

10  and subject to carrier of last resort obligations as provided

11  for in part II of this chapter.  With respect to

12  governmentally mandated projects and programs, such petition

13  shall be acted upon no later than 90 days after the date of

14  filing.  A company subject to this section shall show the

15  commission that the cost of a project or program is not

16  recoverable either from the government mandating the project

17  or program or from the beneficiaries of the project or program

18  through user fees or other new revenue sources from the

19  project or program, and to the extent that cost decreases

20  resulting from the project or program are reflected as an

21  offset to cost increases.  A company subject to this section

22  shall decrease its network access rates by amounts that

23  reflect any federal or state income tax reduction. Nothing

24  contained in this section shall allow any revisions in the

25  rates, terms, and conditions for commercial mobile radio

26  service access, which revisions are inconsistent with the

27  requirements or methodologies of the Federal Communications

28  Commission.

29         (4)  A company subject to this section may choose to

30  implement all or a portion of a rate increase allowed for

31  network access service by subsections (1), (2), and (3).

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 988
    315-2041-02




  1  Notwithstanding subsections (1), (2), and (3), a company

  2  subject to this section may choose to decrease network service

  3  rates at any time, and decreased rates shall become effective

  4  upon 7 days' notice.

  5         (5)  Company-proposed changes to the terms and

  6  conditions for existing network access services in accordance

  7  with subsections (1), (2), (3), and (4) shall be presumed

  8  valid and become effective upon 15 days' notice.

  9  Company-proposed rate reductions shall become effective upon 7

10  days' notice. Rate increases made by the local exchange

11  telecommunications company shall be presumed valid and become

12  effective on the date specified in the tariff, but in no event

13  earlier than 30 days after the filing of such tariff.  The

14  commission shall have continuing regulatory oversight of local

15  exchange telecommunications company-provided network access

16  services for purposes of determining the correctness of any

17  price increase resulting from the application of the inflation

18  index and making any necessary adjustments, establishing

19  reasonable service quality criteria, and assuring resolution

20  of service complaints. No later than 30 days after the filing

21  of such tariff, the commission may, with respect to

22  determining the correctness of any price increase, vote,

23  without hearing, the local exchange telecommunications company

24  to hold subject to refund all revenues collected under the

25  rate increase. Within 60 days after such order, the commission

26  must make a determination either compelling a refund of all or

27  part of such revenues or releasing them from such requirement.

28         (2)(6)  Any local exchange telecommunications company

29  with more than 100,000, but fewer than 3 million, basic local

30  telecommunications service access lines in service on July 1,

31  1995, shall reduce its intrastate switched access rates by 5

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 988
    315-2041-02




  1  percent on July 1, 1998, and by 10 percent on October 1, 1998.

  2  Any interexchange telecommunications carrier company whose

  3  intrastate switched network access rate is reduced as a result

  4  of the rate adjustments decreases made by a local exchange

  5  telecommunications company in accordance with s. 364.164 this

  6  subsection shall decrease its intrastate long distance

  7  revenues rates by the amount necessary to return the benefits

  8  of such reduction to both its residential and business

  9  customers but shall not reduce per minute intra-LATA toll

10  rates by a percentage greater than the per minute intrastate

11  switched access rate reductions required by this act. The

12  interexchange telecommunications carrier may determine the

13  specific intrastate rates to be decreased, provided that

14  residential and business customers benefit proportionally

15  according to the respective proportion of residential and

16  business access lines from the rate decreases. However, any

17  interexchange telecommunications carrier that charges an

18  in-state connection fee shall use any decrease in the

19  intrastate switched network access rate reductions required by

20  s. 364.164 to first eliminate that fee before it reduces its

21  long distance toll rates. In any event, any in-state

22  connection fee shall be eliminated by March 1, 2004, provided

23  that the timetable approved pursuant to s. 364.164(1)(a)

24  reduces intrastate switched network access rates in an amount

25  that results in the elimination of the access recovery charge

26  in a revenue-neutral manner. The tariff changes, if any, made

27  by the interexchange telecommunications carrier to carry out

28  the requirements of this subsection shall be presumed valid

29  and become effective on 1 day's notice.

30         (7)  Telecommunications company intrastate switched

31  access and customer long distance rate reductions shall become

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 988
    315-2041-02




  1  effective on October 1 of each relevant year.  Rate decreases

  2  proposed in tariff revisions filed by the telecommunications

  3  companies with the commission shall be presumed valid and

  4  become effective on October 1 of each relevant year.

  5         (8)  No later than 30 days after the filing of such

  6  tariff, the commission may, with respect to determining the

  7  correctness of any rate decrease, vote, without hearing, the

  8  telecommunications company to hold subject to refund all

  9  intrastate switched access or customer long distance rate

10  revenues collected after the rate decrease.  Within 60 days

11  after such order, the commission must make a determination

12  either compelling a refund of the appropriate part of such

13  revenues or releasing all such revenues from such requirement.

14         (3)(9)  The commission shall have continuing regulatory

15  oversight of intrastate switched network access and customer

16  long distance rates for purposes of determining the

17  correctness of any rate decrease by a telecommunications

18  company resulting from the application of s. 364.164 and this

19  section and making any necessary adjustments to those rates,

20  and for purposes of establishing reasonable service quality

21  criteria, and assuring resolution of service complaints for

22  all telecommunications companies.

23         Section 3.  Section 364.164, Florida Statutes, is

24  created to read:

25         364.164  Switched network access rate reduction.--

26         (1)(a)  Notwithstanding the provisions of s.

27  364.051(3), effective December 1, 2002, each local exchange

28  telecommunications company with more than 1 million access

29  lines in service shall, for purposes of this section only,

30  establish a revenue category to include both basic local

31  telecommunications service revenues and intrastate switched

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 988
    315-2041-02




  1  network access revenues, and it shall notify the commission

  2  that it has established this revenue category.  The company's

  3  notification to the commission that it has established such

  4  revenue category shall include a timetable for reducing the

  5  company's intrastate switched network access rates within that

  6  revenue category to or below parity.  The commission shall

  7  approve such switched network access rate reductions timetable

  8  within 60 days after the timetable is filed with the

  9  commission, provided the submitted timetable reaches parity or

10  below parity within 2 to 5 years and includes switched network

11  access rate reductions equal in amounts once in any 12-month

12  period.  However, the commission may, only after consultation

13  with the company, adjust the timetable for reducing intrastate

14  switched network access rates filed by the company if the

15  commission finds that it is in the public interest to do so

16  and so long as the adjusted timetable for reducing intrastate

17  switched network access rates is within 2 to 5 years and the

18  intrastate switched network access rate reductions are equal

19  in amounts and occur once in any 12-month period.

20         (b)  Notwithstanding the provisions of s. 364.051(2),

21  effective December 1, 2003, each local exchange

22  telecommunications company with 1 million or less access lines

23  in service may, for purposes of this section only, establish a

24  revenue category to include both basic local

25  telecommunications service revenues and intrastate switched

26  network access revenues, and shall notify the commission that

27  the revenue category has been established. The company's

28  notification to the commission that it has established such

29  revenue category shall include a timetable for reducing the

30  company's intrastate switched network access service rates

31  within that revenue category to or below parity.  The

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 988
    315-2041-02




  1  commission shall approve such switched network access service

  2  rate reductions timetable within 60 days after the timetable

  3  is filed with the commission, provided the submitted timetable

  4  reaches parity or below parity within 2 to 5 years and

  5  includes switched network access service rate reductions equal

  6  in amounts once in any 12-month period.  However, the

  7  commission may, only after consultation with the company,

  8  adjust the timetable for reducing intrastate switched network

  9  access rates filed by the company if the commission finds that

10  it is in the public interest to do so and so long as the

11  adjusted timetable for reducing intrastate switched network

12  access rates is within 2 to 5 years and the intrastate

13  switched network access rate reductions are equal in amounts

14  and occur once in any 12-month period.

15         (c)  The revenue category created pursuant to this

16  section shall not include revenues generated from pay

17  telephone access lines.

18         (2)  Upon the commission's approval of the intrastate

19  switched network access rate reduction timetable, the local

20  exchange telecommunications company shall thereafter, on 45

21  days' notice, adjust the various prices and rates of the

22  services within its revenue category authorized by this

23  section once in any 12-month period in a revenue-neutral

24  manner.  All annual rate adjustments within the revenue

25  category established pursuant to this section shall be

26  implemented simultaneously and shall be revenue neutral.  The

27  commission shall, within 45 days after the rate adjustment

28  filing, issue a final order confirming compliance with this

29  section, and such order shall be final for all purposes.

30         (3)  Any filing under this section shall be based on

31  the company's most recent 12 months' pricing units in

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 988
    315-2041-02




  1  accordance with subsection (7) for any service included in the

  2  revenue category established under this section. The

  3  commission shall have the authority only to verify the pricing

  4  units for the purpose of ensuring that the company's specific

  5  adjustments, as authorized by this section, make the revenue

  6  category revenue neutral for each filing.  Any discovery or

  7  information requests under this section shall be limited to a

  8  verification of historical pricing units necessary to fulfill

  9  the commission's specific responsibilities under this section

10  of ensuring that the company's rate adjustments make the

11  revenue category revenue neutral for each annual filing.

12         (4)  Nothing in this section shall affect the local

13  exchange telecommunications company's exemptions pursuant to

14  s. 364.051(1)(c) or authorize any local exchange

15  telecommunications company to increase the cost of local

16  exchange services to any person providing services under s.

17  364.3375.

18         (5)  For purposes of this section, "parity" means that

19  the local exchange telecommunications company's intrastate

20  switched network access rate is equal to its interstate

21  switched network access rate in effect on January 1, 2002, if

22  the company has more than 4 million access lines in service.

23  If the company has 4 million or less and more than 1 million

24  access lines in service, "parity" means that the company's

25  intrastate switched network access rate is equal to 2 cents

26  per minute.  If the company has 1 million or less access lines

27  in service, "parity" means that the company's intrastate

28  switched network access rate is equal to 8 cents per minute.

29  Nothing in this section shall prevent the company from making

30  further reductions in its intrastate switched network access

31  rate, within the revenue category established in this section,

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 988
    315-2041-02




  1  below parity on a revenue-neutral basis, or from making other

  2  revenue neutral rate adjustments within this category.

  3         (6)  For purposes of this section, "intrastate switched

  4  network access rate" means the composite of the originating

  5  and terminating network access rate for carrier common line,

  6  local channel/entrance facility, switched common transport,

  7  access tandem switching, interconnection charge, information

  8  surcharge, and local switching.

  9         (7)  For purposes of this section, "revenue neutral"

10  means that the total revenue within the revenue category

11  established pursuant to this section remains the same before

12  and after the local exchange telecommunications company

13  implements any rate adjustments under this section.

14  Calculation of revenue received from each service prior to

15  implementation of any rate adjustment shall be made by

16  multiplying the then-current rate for each service by the most

17  recent 12 months' actual pricing units for each service within

18  the category, without any adjustments to the number of pricing

19  units. Calculation of revenue for each service to be received

20  after implementation of rate adjustments shall be made by

21  multiplying the rate to be applicable for each service by the

22  most recent 12 months' actual pricing units for each service

23  within the category, without any adjustments to the number of

24  pricing units.

25         Section 4.  This act shall take effect upon becoming a

26  law.

27

28

29

30

31

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                            CS for SB 988
    315-2041-02




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                              SB 988

  3

  4  The CS/SB 988 expands the lifeline eligibility to 125 percent
    of the federal poverty guidelines and designates the Office of
  5  Public Counsel to certify and maintain claims. The committee
    substitute modifies the provision relating to the in-state
  6  connection fee to allow until March 1, 2004 its decrease
    before other long distance toll rates are reduced. The
  7  commission may, after consultation with a company, adjust the
    timetable for adjusting access rates and local service rates
  8  so long as the adjusted timetable is within 2 to 5 years and
    the rate reductions are in equal amounts and occur once in any
  9  12-month period. The committee substitute also allows small
    LECs to establish revenue neutral categories consistent with
10  the criteria established in the bill and parity is set for
    small LECs at 8 cents per minute. Finally, the committee
11  substitute clarifies that the commission's authority to set
    service quality criteria and resolve consumer complaints for
12  all telecommunications companies remains the same as their
    authority prior to the passage of this bill.
13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  12

CODING: Words stricken are deletions; words underlined are additions.