Senate Bill sb1548

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    Florida Senate - 2004                                  SB 1548

    By Senator Siplin





    19-951-04

  1                      A bill to be entitled

  2         An act relating to the Lifeline

  3         telecommunications service; amending s. 364.10,

  4         F.S.; prohibiting a local exchange

  5         telecommunications company from discontinuing

  6         local service to a consumer for nonpayment of

  7         other telephone services; directing the Public

  8         Service Commission to adopt rules to administer

  9         the prohibition; authorizing a local exchange

10         telecommunications company to block specified

11         long-distance services when a customer owes an

12         outstanding account for those services;

13         requiring certain state agencies to

14         automatically enroll an eligible consumer in

15         the Lifeline service with the appropriate local

16         exchange telecommunications company; requiring

17         the commission, the Department of Children and

18         Family Services, and the Office of Public

19         Counsel to enter into a memorandum of

20         understanding concerning the automatic

21         enrollment of consumers in Lifeline services;

22         directing a local exchange telecommunications

23         company to offer a consumer who applies for or

24         receives Lifeline service the option of

25         blocking all toll calls; providing an effective

26         date.

27  

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

29  

30         Section 1.  Section 364.10, Florida Statutes, is

31  amended to read:

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    Florida Senate - 2004                                  SB 1548
    19-951-04




 1         364.10  Undue advantage to person or locality

 2  prohibited; Lifeline service.--

 3         (1)  A telecommunications company may not make or give

 4  any undue or unreasonable preference or advantage to any

 5  person or locality or subject any particular person or

 6  locality to any undue or unreasonable prejudice or

 7  disadvantage in any respect whatsoever.

 8         (2)(a)  The prohibitions of subsection (1)

 9  notwithstanding, a telecommunications company serving as

10  carrier of last resort shall provide a Lifeline Assistance

11  Plan to qualified residential subscribers, as defined in a

12  commission-approved tariff and a preferential rate to eligible

13  facilities as provided for in part II.

14         (b)  A local exchange telecommunications company shall

15  offer a consumer who applies for or receives Lifeline service

16  the option of blocking all toll calls or, if technically

17  capable, placing a limit on the amount of toll calls a

18  consumer can make. The local exchange telecommunications

19  company may not charge the consumer an administrative charge

20  or other additional fee for blocking the service.

21         (3)(a)  Effective September 1, 2003, any local exchange

22  telecommunications company authorized by the commission to

23  reduce its switched network access rate under pursuant to s.

24  364.164 shall have tariffed and shall provide Lifeline service

25  to any otherwise eligible customer or potential customer who

26  meets an income eligibility test at 125 percent or less of the

27  federal poverty income guidelines for Lifeline customers. The

28  Such a test for eligibility must augment, rather than replace,

29  the eligibility standards established by federal law and based

30  on participation in certain low-income assistance programs.

31  Each intrastate interexchange telecommunications company

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    Florida Senate - 2004                                  SB 1548
    19-951-04




 1  shall, effective September 1, 2003, file a tariff providing at

 2  a minimum the intrastate interexchange telecommunications

 3  carrier's current Lifeline benefits and exemptions to Lifeline

 4  customers who meet the income eligibility test set forth in

 5  this subsection. The Office of Public Counsel shall certify

 6  and maintain claims submitted by a customer for eligibility

 7  under the income test authorized by this subsection.

 8         (b)  Each local exchange telecommunications company

 9  subject to this subsection shall provide to each state and

10  federal agency providing benefits to persons eligible for

11  Lifeline service applications, brochures, pamphlets, or other

12  materials that inform the such persons of their eligibility

13  for Lifeline, and each state agency providing the such

14  benefits shall furnish the materials to affected persons at

15  the time they apply for benefits.

16         (c)1.  Any local exchange telecommunications company

17  customer receiving Lifeline benefits shall not be subject to

18  any residential basic local telecommunications service rate

19  increases authorized by s. 364.164 until the local exchange

20  telecommunications company reaches parity as defined in s.

21  364.164(5) or until the customer no longer qualifies for the

22  Lifeline benefits established by this section or s. 364.105,

23  or unless otherwise determined by the commission upon petition

24  by a local exchange telecommunications company.

25         2.  A local exchange telecommunications company may not

26  discontinue basic local exchange telephone service to a

27  consumer who receives Lifeline service because of nonpayment

28  by the consumer of charges for other services billed by the

29  telecommunications company, including long-distance service.

30  The commission shall adopt rules to administer this

31  subparagraph.

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    Florida Senate - 2004                                  SB 1548
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 1         3.  A local exchange telecommunications company may

 2  block a Lifeline service participant's access to all

 3  long-distance service except toll-free numbers when the

 4  participant owes an outstanding amount for long-distance

 5  service. The local exchange telecommunications company shall

 6  remove the block without additional cost to the participant on

 7  payment of the outstanding amount.

 8         (d)1.  By December 31, 2003, each state agency

 9  providing that provides benefits to persons eligible for

10  Lifeline service shall undertake, in cooperation with the

11  Department of Children and Family Services, the commission,

12  and telecommunications companies providing Lifeline services,

13  the development of procedures to promote Lifeline

14  participation.

15         2.  Whenever a state agency determines that a person is

16  eligible for Lifeline service, the agency must immediately

17  ensure that the person is automatically enrolled in the

18  Lifeline service with the appropriate local exchange

19  telecommunications company. The commission shall adopt rules

20  providing for an automatic enrollment process in order that

21  eligible customers receive Lifeline service.

22         3.  The commission, the Department of Children and

23  Family Services, and the Office of Public Counsel shall enter

24  into a memorandum of understanding establishing the respective

25  duties of the commission, the department, and the public

26  counsel in relation to the automatic enrollment.

27         (e)  The commission shall report to the Governor, the

28  President of the Senate, and the Speaker of the House of

29  Representatives by December 31 each year on the number of

30  customers who are subscribing to Lifeline service and the

31  effectiveness of any procedures to promote participation.

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    Florida Senate - 2004                                  SB 1548
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 1         Section 2.  This act shall take effect July 1, 2004.

 2  

 3            *****************************************

 4                          SENATE SUMMARY

 5    Prohibits a local exchange telecommunications company
      from discontinuing local service of a consumer receiving
 6    Lifeline service for nonpayment of other telephone
      services. Directs the Public Service Commission to adopt
 7    rules. Authorizes a local exchange telecommunications
      company to block specified long-distance services when a
 8    customer owes an outstanding account for those services.
      Requires that certain state agencies automatically enroll
 9    an eligible consumer in the Lifeline service. Requires
      the commission, the department, and the Office of Public
10    Counsel to enter into a memorandum of understanding
      relating to automatic enrollment of consumers in Lifeline
11    services. Directs a local exchange telecommunications
      company to offer a consumer who applies for or receives
12    Lifeline service the option of blocking all toll calls.

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