1 | A bill to be entitled |
2 | An act relating to Lifeline telecommunication services; |
3 | amending s. 364.10, F.S.; requiring each local exchange |
4 | telecommunications company providing Lifeline Assistance |
5 | services to submit certain eligibility criteria |
6 | information to the Legislature; requiring such companies |
7 | to submit specified information each month to the Public |
8 | Service Commission and the Office of Public Counsel; |
9 | providing an effective date. |
10 |
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11 | Be It Enacted by the Legislature of the State of Florida: |
12 |
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13 | Section 1. Section 364.10, Florida Statutes, is amended to |
14 | read: |
15 | 364.10 Undue advantage to person or locality prohibited; |
16 | Lifeline service; monthly reporting.-- |
17 | (1) A telecommunications company may not make or give any |
18 | undue or unreasonable preference or advantage to any person or |
19 | locality or subject any particular person or locality to any |
20 | undue or unreasonable prejudice or disadvantage in any respect |
21 | whatsoever. |
22 | (2) The prohibitions of subsection (1) notwithstanding, a |
23 | telecommunications company serving as carrier of last resort |
24 | shall provide a Lifeline Assistance Plan to qualified |
25 | residential subscribers, as defined in a commission-approved |
26 | tariff and a preferential rate to eligible facilities as |
27 | provided for in part II. |
28 | (3)(a) Effective September 1, 2003, any local exchange |
29 | telecommunications company authorized by the commission to |
30 | reduce its switched network access rate under pursuant to s. |
31 | 364.164 shall have tariffed and shall provide Lifeline service |
32 | to any otherwise eligible customer or potential customer who |
33 | meets an income eligibility test at 125 percent or less of the |
34 | federal poverty income guidelines for Lifeline customers. The |
35 | Such a test for eligibility must augment, rather than replace, |
36 | the eligibility standards established by federal law and based |
37 | on participation in certain low-income assistance programs. Each |
38 | intrastate interexchange telecommunications company shall, |
39 | effective September 1, 2003, file a tariff providing at a |
40 | minimum the intrastate interexchange telecommunications |
41 | carrier's current Lifeline benefits and exemptions to Lifeline |
42 | customers who meet the income eligibility test set forth in this |
43 | subsection. The Office of Public Counsel shall certify and |
44 | maintain claims submitted by a customer for eligibility under |
45 | the income test authorized by this subsection. |
46 | (b) Each local exchange telecommunications company subject |
47 | to this subsection shall provide to each state and federal |
48 | agency providing benefits to persons eligible for Lifeline |
49 | service, and to members of the Legislature, applications, |
50 | brochures, pamphlets, or other materials that contain |
51 | information concerning the inform such persons of their |
52 | eligibility criteria for Lifeline, and each state agency |
53 | providing the such benefits shall furnish the materials to |
54 | affected persons at the time they apply for benefits. |
55 | (c) Any local exchange telecommunications company customer |
56 | 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 | (d) By December 31, 2003, each state agency that provides |
65 | 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 | (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 | (4) Each local exchange telecommunications company |
76 | providing Lifeline Assistance services shall prepare a monthly |
77 | report concerning participation by its customers in the Lifeline |
78 | Assistance program. The report must detail the number of: |
79 | (a) Subscribers meeting the income eligibility test. |
80 | (b) Applications for new Lifeline service received. |
81 | (c) New Lifeline subscribers enrolled. |
82 | (d) Subscriber applications rejected by the company and |
83 | the reasons for each rejection. |
84 | (e) Subscribers removed from the Lifeline Assistance |
85 | program and the reasons for their removal. |
86 |
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87 | The monthly report shall be sent to the Public Service |
88 | Commission and the Office of Public Counsel no later than 15 |
89 | days after the last day of the previous month. |
90 | Section 2. This act shall take effect July 1, 2004. |