HB 1443

1
A bill to be entitled
2An act relating to Lifeline telecommunication services;
3amending s. 364.10, F.S.; requiring each local exchange
4telecommunications company providing Lifeline Assistance
5services to submit certain eligibility criteria
6information to the Legislature; requiring such companies
7to submit specified information each month to the Public
8Service Commission and the Office of Public Counsel;
9providing an effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Section 364.10, Florida Statutes, is amended to
14read:
15     364.10  Undue advantage to person or locality prohibited;
16Lifeline service; monthly reporting.--
17     (1)  A telecommunications company may not make or give any
18undue or unreasonable preference or advantage to any person or
19locality or subject any particular person or locality to any
20undue or unreasonable prejudice or disadvantage in any respect
21whatsoever.
22     (2)  The prohibitions of subsection (1) notwithstanding, a
23telecommunications company serving as carrier of last resort
24shall provide a Lifeline Assistance Plan to qualified
25residential subscribers, as defined in a commission-approved
26tariff and a preferential rate to eligible facilities as
27provided for in part II.
28     (3)(a)  Effective September 1, 2003, any local exchange
29telecommunications company authorized by the commission to
30reduce its switched network access rate under pursuant to s.
31364.164 shall have tariffed and shall provide Lifeline service
32to any otherwise eligible customer or potential customer who
33meets an income eligibility test at 125 percent or less of the
34federal poverty income guidelines for Lifeline customers. The
35Such a test for eligibility must augment, rather than replace,
36the eligibility standards established by federal law and based
37on participation in certain low-income assistance programs. Each
38intrastate interexchange telecommunications company shall,
39effective September 1, 2003, file a tariff providing at a
40minimum the intrastate interexchange telecommunications
41carrier's current Lifeline benefits and exemptions to Lifeline
42customers who meet the income eligibility test set forth in this
43subsection. The Office of Public Counsel shall certify and
44maintain claims submitted by a customer for eligibility under
45the income test authorized by this subsection.
46     (b)  Each local exchange telecommunications company subject
47to this subsection shall provide to each state and federal
48agency providing benefits to persons eligible for Lifeline
49service, and to members of the Legislature, applications,
50brochures, pamphlets, or other materials that contain
51information concerning the inform such persons of their
52eligibility criteria for Lifeline, and each state agency
53providing the such benefits shall furnish the materials to
54affected persons at the time they apply for benefits.
55     (c)  Any local exchange telecommunications company customer
56receiving Lifeline benefits shall not be subject to any
57residential basic local telecommunications service rate
58increases authorized by s. 364.164 until the local exchange
59telecommunications company reaches parity as defined in s.
60364.164(5) or until the customer no longer qualifies for the
61Lifeline benefits established by this section or s. 364.105, or
62unless otherwise determined by the commission upon petition by a
63local exchange telecommunications company.
64     (d)  By December 31, 2003, each state agency that provides
65benefits to persons eligible for Lifeline service shall
66undertake, in cooperation with the Department of Children and
67Family Services, the commission, and telecommunications
68companies providing Lifeline services, the development of
69procedures to promote Lifeline participation.
70     (e)  The commission shall report to the Governor, the
71President of the Senate, and the Speaker of the House of
72Representatives by December 31 each year on the number of
73customers who are subscribing to Lifeline service and the
74effectiveness of any procedures to promote participation.
75     (4)  Each local exchange telecommunications company
76providing Lifeline Assistance services shall prepare a monthly
77report concerning participation by its customers in the Lifeline
78Assistance 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
83the reasons for each rejection.
84     (e)  Subscribers removed from the Lifeline Assistance
85program and the reasons for their removal.
86
87The monthly report shall be sent to the Public Service
88Commission and the Office of Public Counsel no later than 15
89days after the last day of the previous month.
90     Section 2.  This act shall take effect July 1, 2004.


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