| 1 | A bill to be entitled |
| 2 | An act relating to Lifeline telecommunications service; |
| 3 | amending s. 364.10, F.S.; directing local exchange |
| 4 | telecommunications companies to notify company customers |
| 5 | of the Lifeline service and the eligibility criteria for |
| 6 | Lifeline participation; requiring the company to send |
| 7 | brochures, pamphlets, or other materials to the customers |
| 8 | at least once each year in the customer's monthly billing |
| 9 | envelope; amending s. 364.02, F.S.; correcting a cross |
| 10 | reference; providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Subsection (3) of section 364.10, Florida |
| 15 | Statutes, is amended to read: |
| 16 | 364.10 Undue advantage to person or locality prohibited; |
| 17 | Lifeline service.-- |
| 18 | (3)(a) Effective September 1, 2003, any local exchange |
| 19 | telecommunications company authorized by the commission to |
| 20 | reduce its switched network access rate under pursuant to s. |
| 21 | 364.164 shall have tariffed and shall provide Lifeline service |
| 22 | to any otherwise eligible customer or potential customer who |
| 23 | meets an income eligibility test at 125 percent or less of the |
| 24 | federal poverty income guidelines for Lifeline customers. |
| 25 | However, the company shall provide Lifeline service to a person |
| 26 | 65 years of age or older if the person meets an income |
| 27 | eligibility test at 175 percent or less of the Federal poverty |
| 28 | income guidelines. The Such a test for eligibility must augment, |
| 29 | rather than replace, the eligibility standards established by |
| 30 | federal law and based on participation in certain low-income |
| 31 | assistance programs. Each intrastate interexchange |
| 32 | telecommunications company shall, effective September 1, 2003, |
| 33 | file a tariff providing at a minimum the intrastate |
| 34 | interexchange telecommunications carrier's current Lifeline |
| 35 | benefits and exemptions to Lifeline customers who meet the |
| 36 | income eligibility test set forth in this subsection. The Office |
| 37 | of Public Counsel shall certify and maintain claims submitted by |
| 38 | a customer for eligibility under the income test authorized by |
| 39 | this subsection. |
| 40 | (b) Each local exchange telecommunications company subject |
| 41 | to this subsection shall provide to each state and federal |
| 42 | agency providing benefits to persons eligible for Lifeline |
| 43 | service applications, brochures, pamphlets, or other materials |
| 44 | that inform the such persons of their eligibility for Lifeline, |
| 45 | and each state agency providing the such benefits shall furnish |
| 46 | the materials to affected persons at the time they apply for |
| 47 | benefits. |
| 48 | (c) Each local exchange telecommunications company subject |
| 49 | to this subsection shall notify the company's customers of the |
| 50 | Lifeline service and the eligibility criteria for Lifeline |
| 51 | participation. At least once each year, the company must include |
| 52 | in the customer's monthly billing envelope the Lifeline |
| 53 | brochures, pamphlets, or other materials promoting participation |
| 54 | in the program. |
| 55 | (d)(c) Any local exchange telecommunications company |
| 56 | customer receiving Lifeline benefits shall not be subject to any |
| 57 | residential basic local telecommunications service rate |
| 58 | increases authorized by s. 364.164 until the local exchange |
| 59 | telecommunications company reaches parity as defined in s. |
| 60 | 364.164(5) or until the customer no longer qualifies for the |
| 61 | Lifeline benefits established by this section or s. 364.105, or |
| 62 | unless otherwise determined by the commission upon petition by a |
| 63 | local exchange telecommunications company. |
| 64 | (e)(d) By December 31, 2003, each state agency that |
| 65 | provides benefits to persons eligible for Lifeline service shall |
| 66 | undertake, in cooperation with the Department of Children and |
| 67 | Family Services, the commission, and telecommunications |
| 68 | companies providing Lifeline services, the development of |
| 69 | procedures to promote Lifeline participation. |
| 70 | (f)(e) The commission shall report to the Governor, the |
| 71 | President of the Senate, and the Speaker of the House of |
| 72 | Representatives by December 31 each year on the number of |
| 73 | customers who are subscribing to Lifeline service and the |
| 74 | effectiveness of any procedures to promote participation. |
| 75 | Section 2. Subsection (13) of section 364.02, Florida |
| 76 | Statutes, is amended to read: |
| 77 | 364.02 Definitions.--As used in this chapter: |
| 78 | (13) "Telecommunications company" includes every |
| 79 | corporation, partnership, and person and their lessees, |
| 80 | trustees, or receivers appointed by any court whatsoever, and |
| 81 | every political subdivision in the state, offering two-way |
| 82 | telecommunications service to the public for hire within this |
| 83 | state by the use of a telecommunications facility. The term |
| 84 | "telecommunications company" does not include: |
| 85 | (a) An entity which provides a telecommunications facility |
| 86 | exclusively to a certificated telecommunications company; |
| 87 | (b) An entity which provides a telecommunications facility |
| 88 | exclusively to a company which is excluded from the definition |
| 89 | of a telecommunications company under this subsection; |
| 90 | (c) A commercial mobile radio service provider; |
| 91 | (d) A facsimile transmission service; |
| 92 | (e) A private computer data network company not offering |
| 93 | service to the public for hire; |
| 94 | (f) A cable television company providing cable service as |
| 95 | defined in 47 U.S.C. s. 522; or |
| 96 | (g) An intrastate interexchange telecommunications |
| 97 | company. |
| 98 |
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| 99 | However, each commercial mobile radio service provider and each |
| 100 | intrastate interexchange telecommunications company shall |
| 101 | continue to be liable for any taxes imposed pursuant to chapters |
| 102 | 202, 203 and 212 and any fees assessed pursuant to ss. 364.025 |
| 103 | and 364.336. Each intrastate interexchange telecommunications |
| 104 | company shall continue to be subject to ss. 364.04, 364.10(3)(a) |
| 105 | and (e) (d), 364.163, 364.285, 364.501, 364.603, and 364.604, |
| 106 | shall provide the commission with such current information as |
| 107 | the commission deems necessary to contact and communicate with |
| 108 | the company, shall continue to pay intrastate switched network |
| 109 | access rates or other intercarrier compensation to the local |
| 110 | exchange telecommunications company or the competitive local |
| 111 | exchange telecommunications company for the origination and |
| 112 | termination of interexchange telecommunications service, and |
| 113 | shall reduce its intrastate long distance toll rates in |
| 114 | accordance with s. 364.163(2). |
| 115 | Section 3. This act shall take effect July 1, 2004. |