HB 1829

1	A bill to be entitled
2	An act relating to regulation of telecommunications
3	companies; amending s. 364.01, F.S.; revising a
4	legislative finding relating to telecommunications
5	services; amending s. 364.02, F.S.; changing the term
6	"competitive local exchange telecommunications company" to
7	"alternative local exchange telecommunications company";
8	removing the definition of "intrastate interexchange
9	telecommunications company"; revising the definition of
10	"service" and "telecommunications company"; amending s.
11	364.025, F.S.; revising the time period for mandatory
12	provision of basic local exchange telecommunications
13	services within the territory of a local exchange
14	telecommunications company; revising the transitional time
15	period during which the Public Service Commission shall
16	establish an interim mechanism for maintaining universal
17	service objectives and funding carrier-of-last-resort
18	obligations; revising the time period for petition to the
19	commission for change in the interim mechanism; revising a
20	requirement that the Legislature establish a permanent
21	mechanism; revising the date on which competitive local
22	exchange telecommunications company may petition the
23	Public Service Commission to become a universal service
24	provider and carrier of last resort; requiring the
25	commission to set up a mechanism to aid a company meet
26	certain obligations and objectives; amending s. 364.0361,
27	F.S.; removing a prohibition of local government
28	regulation of the provision of broadband or information
29	service; amending s. 364.051, F.S.; removing provisions
30	for certain telecommunications companies to elect
31	alternative regulations; removing provisions for approval
32	by the commission of reductions in service quality
33	requirements; removing a prohibition against an increase
34	in the level of certain regulations on competitive local
35	exchange telecommunications companies; amending s.
36	364.058, F.S.; removing provisions for an expedited
37	process to facilitate quick resolution of disputes between
38	telecommunications companies; amending s. 364.10, F.S.;
39	removing provisions that require certain local exchange
40	telecommunications companies to provide Lifeline services
41	to certain persons, prohibit rate increases for basic
42	local telecommunications services provided to such
43	eligible persons, require distribution of certain
44	materials, and require annual reports; amending s.
45	364.163, F.S.; revising provisions for certain rate caps
46	relating to network access services; revising timeframes
47	and procedures for certain rate increases and reductions;
48	providing for certain rate increases and reductions;
49	providing for regulatory oversight by the commission for
50	certain purposes; providing for refund of revenues
51	collected under a rate increase; providing limitations on
52	certain rate increases; providing procedures to recover
53	certain costs; removing provisions that eliminate certain
54	fees; providing a presumption of validity for certain rate
55	increases; amending s. 364.337, F.S.; removing an
56	exemption from specified provisions that require approval
57	as a prerequisite to construction, operation, or control
58	of telecommunications facilities; amending s. 364.3376,
59	F.S.; requiring intrastate interexchange
60	telecommunications companies obtain a certificate of
61	public convenience and necessity prior to providing
62	operator services; amending ss. 364.052, 364.16, 364.161,
63	364.162, 364.502, and 365.172, F.S.; conforming
64	terminology; amending ss. 196.012, 199.183, 212.08,
65	290.007, 350.0605, 364.602, and 489.103, F.S.; correcting
66	cross references; repealing s. 364.059, F.S., relating to
67	procedures for seeking a stay of price change and criteria
68	for determinations; repealing s. 364.164, F.S., relating
69	to rate adjustments; repealing s. 1, chapter 2003-32, Laws
70	of Florida, relating to providing a popular name;
71	providing an effective date.
72
73	Be It Enacted by the Legislature of the State of Florida:
74
75	Section 1.  Subsection (3) of section 364.01, Florida
76	Statutes, is amended to read:
77	364.01  Powers of commission, legislative intent.--
78	(3)  The Legislature finds that the competitive provision
79	of telecommunications services, including local exchange
80	telecommunications service, is in the public interest and will
81	provide customers with freedom of choice, encourage the
82	introduction of new telecommunications service, encourage
83	technological innovation, and encourage investment in
84	telecommunications infrastructure. The Legislature further finds
85	that the transition from the monopoly provision of local
86	exchange service to the competitive provision thereof will
87	require appropriate regulatory oversight to protect consumers
88	and provide for the development of fair and effective
89	competition, but nothing in this chapter shall limit the
90	availability to any party of any remedy under state or federal
91	antitrust laws. The Legislature further finds that changes in
92	regulations allowing increased competition in telecommunications
93	services could provide the occasion for increases in the
94	telecommunications workforce; therefore, it is in the public
95	interest that competition in telecommunications services lead to
96	a situation that enhances the high-technological skills and the
97	economic status of the telecommunications workforce. The
98	Legislature further finds that the provision of voice-over-
99	Internet protocol (VOIP) free of unnecessary regulation,
100	regardless of the provider, is in the public interest.
101	Section 2.  Section 364.02, Florida Statutes, is amended to
102	read:
103	364.02  Definitions.--As used in this chapter:
104	(1)  "Alternative local exchange telecommunications
105	company" means any company certificated by the commission to
106	provide local exchange telecommunications services in this state
107	on or after July 1, 1995.
108	(2)(1)  "Basic local telecommunications service" means
109	voice-grade, flat-rate residential, and flat-rate single-line
110	business local exchange services which provide dial tone, local
111	usage necessary to place unlimited calls within a local exchange
112	area, dual tone multifrequency dialing, and access to the
113	following: emergency services such as "911," all locally
114	available interexchange companies, directory assistance,
115	operator services, relay services, and an alphabetical directory
116	listing. For a local exchange telecommunications company, such
117	term shall include any extended area service routes, and
118	extended calling service in existence or ordered by the
119	commission on or before July 1, 1995.
120	(3)(2)  "Commercial mobile radio service provider" means a
121	commercial mobile radio service provider as defined by and
122	pursuant to 47 U.S.C. ss. 153(n) and 332(d).
123	(4)(3)  "Commission" means the Florida Public Service
124	Commission.
125	(4)  "Competitive local exchange telecommunications
126	company" means any company certificated by the commission to
127	provide local exchange telecommunications services in this state
128	on or after July 1, 1995.
129	(5)  "Corporation" includes a corporation, company,
130	association, or joint stock association.
131	(6)  "Intrastate interexchange telecommunications company"
132	means any entity that provides intrastate interexchange
133	telecommunications services.
134	(6)(7)  "Local exchange telecommunications company" means
135	any company certificated by the commission to provide local
136	exchange telecommunications service in this state on or before
137	June 30, 1995.
138	(7)(8)  "Monopoly service" means a telecommunications
139	service for which there is no effective competition, either in
140	fact or by operation of law.
141	(8)(9)  "Nonbasic service" means any telecommunications
142	service provided by a local exchange telecommunications company
143	other than a basic local telecommunications service, a local
144	interconnection arrangement described in s. 364.16, or a network
145	access service described in s. 364.163.
146	(9)(10)  "Operator service" includes, but is not limited
147	to, billing or completion of third-party, person-to-person,
148	collect, or calling card or credit card calls through the use of
149	a live operator or automated equipment.
150	(10)(11)  "Operator service provider" means a person who
151	furnishes operator service through a call aggregator.
152	(11)(12)  "Service" is to be construed in its broadest and
153	most inclusive sense. The term "service" does not include voice-
154	over-Internet protocol service for purposes of regulation by the
155	commission. Nothing herein shall affect the rights and
156	obligations of any entity related to the payment of switched
157	network access rates or other intercarrier compensation, if any,
158	related to voice-over-Internet protocol service.
159	(12)(13)  "Telecommunications company" includes every
160	corporation, partnership, and person and their lessees,
161	trustees, or receivers appointed by any court whatsoever, and
162	every political subdivision in the state, offering two-way
163	telecommunications service to the public for hire within this
164	state by the use of a telecommunications facility. The term
165	"telecommunications company" does not include:
166	(a)  An entity which provides a telecommunications facility
167	exclusively to a certificated telecommunications company;
168	(b)  An entity which provides a telecommunications facility
169	exclusively to a company which is excluded from the definition
170	of a telecommunications company under this subsection;
171	(c)  A commercial mobile radio service provider;
172	(d)  A facsimile transmission service;
173	(e)  A private computer data network company not offering
174	service to the public for hire; or
175	(f)  A cable television company providing cable service as
176	defined in 47 U.S.C. s. 522; or
177	(g)  An intrastate interexchange telecommunications
178	company.
179
180	However, each commercial mobile radio service provider and each
181	intrastate interexchange telecommunications company shall
182	continue to be liable for any taxes imposed pursuant to chapters
183	202, 203 and 212 and any fees assessed pursuant to s. ss.
184	364.025 and 364.336. Each intrastate interexchange
185	telecommunications company shall continue to be subject to ss.
186	364.04, 364.10(3)(a) and (d), 364.163, 364.285, 364.501,
187	364.603, and 364.604, shall provide the commission with such
188	current information as the commission deems necessary to contact
189	and communicate with the company, shall continue to pay
190	intrastate switched network access rates or other intercarrier
191	compensation to the local exchange telecommunications company or
192	the competitive local exchange telecommunications company for
193	the origination and termination of interexchange
194	telecommunications service, and shall reduce its intrastate long
195	distance toll rates in accordance with s. 364.163(2).
196	(13)(14)  "Telecommunications facility" includes real
197	estate, easements, apparatus, property, and routes used and
198	operated to provide two-way telecommunications service to the
199	public for hire within this state.
200	Section 3.  Section 364.025, Florida Statutes, is amended
201	to read:
202	364.025  Universal service.--
203	(1)  For the purposes of this section, the term "universal
204	service" means an evolving level of access to telecommunications
205	services that, taking into account advances in technologies,
206	services, and market demand for essential services, the
207	commission determines should be provided at just, reasonable,
208	and affordable rates to customers, including those in rural,
209	economically disadvantaged, and high-cost areas. It is the
210	intent of the Legislature that universal service objectives be
211	maintained after the local exchange market is opened to
212	competitively provided services. It is also the intent of the
213	Legislature that during this transition period the ubiquitous
214	nature of the local exchange telecommunications companies be
215	used to satisfy these objectives. For a period of 8 years after
216	January 1, 1996 Until January 1, 2009, each local exchange
217	telecommunications company shall be required to furnish basic
218	local exchange telecommunications service within a reasonable
219	time period to any person requesting such service within the
220	company's service territory.
221	(2)  The Legislature finds that each telecommunications
222	company should contribute its fair share to the support of the
223	universal service objectives and carrier-of-last-resort
224	obligations. For a transitional period not to exceed January 1,
225	2004 2009, the interim mechanism for maintaining universal
226	service objectives and funding carrier-of-last-resort
227	obligations shall be established by the commission, pending the
228	implementation of a permanent mechanism. The interim mechanism
229	shall be applied in a manner that ensures that each alternative
230	competitive local exchange telecommunications company
231	contributes its fair share to the support of universal service
232	and carrier-of-last-resort obligations. The interim mechanism
233	applied to each alternative competitive local exchange
234	telecommunications company shall reflect a fair share of the
235	local exchange telecommunications company's recovery of
236	investments made in fulfilling its carrier-of-last-resort
237	obligations, and the maintenance of universal service
238	objectives. The commission shall ensure that the interim
239	mechanism does not impede the development of residential
240	consumer choice or create an unreasonable barrier to
241	competition. In reaching its determination, the commission shall
242	not inquire into or consider any factor that is inconsistent
243	with s. 364.051(1)(c). The costs and expenses of any government
244	program or project required in part II of this chapter shall not
245	be recovered under this section.
246	(3)  If any party, prior to January 1, 2004 2009, believes
247	that circumstances have changed substantially to warrant a
248	change in the interim mechanism, that party may petition the
249	commission for a change, but the commission shall grant such
250	petition only after an opportunity for a hearing and a
251	compelling showing of changed circumstances, including that the
252	provider's customer population includes as many residential as
253	business customers. The commission shall act on any such
254	petition within 120 days.
255	(4)(a)  Prior to January 1, 2004 2009, the Legislature
256	shall establish a permanent universal service mechanism upon the
257	effective date of which any interim recovery mechanism for
258	universal service objectives or carrier-of-last-resort
259	obligations imposed on alternative competitive local exchange
260	telecommunications companies shall terminate.
261	(b)  To assist the Legislature in establishing a permanent
262	universal service mechanism, the commission, by February 15,
263	1999, shall determine and report to the President of the Senate
264	and the Speaker of the House of Representatives the total
265	forward-looking cost, based upon the most recent commercially
266	available technology and equipment and generally accepted design
267	and placement principles, of providing basic local
268	telecommunications service on a basis no greater than a wire
269	center basis using a cost proxy model to be selected by the
270	commission after notice and opportunity for hearing.
271	(c)  In determining the cost of providing basic local
272	telecommunications service for small local exchange
273	telecommunications companies, which serve less than 100,000
274	access lines, the commission shall not be required to use the
275	cost proxy model selected pursuant to paragraph (b) until a
276	mechanism is implemented by the Federal Government for small
277	companies, but no sooner than January 1, 2001. The commission
278	shall calculate a small local exchange telecommunications
279	company's cost of providing basic local telecommunications
280	services based on one of the following options:
281	1.  A different proxy model; or
282	2.  A fully distributed allocation of embedded costs,
283	identifying high-cost areas within the local exchange area the
284	company serves and including all embedded investments and
285	expenses incurred by the company in the provision of universal
286	service. Such calculations may be made using fully distributed
287	costs consistent with 47 C.F.R. parts 32, 36, and 64. The
288	geographic basis for the calculations shall be no smaller than a
289	census block group.
290	(5)  After January 1, 2001, an alternative a competitive
291	local exchange telecommunications company may petition the
292	commission to become the universal service provider and carrier
293	of last resort in areas requested to be served by that
294	alternative competitive local exchange telecommunications
295	company. Upon petition of an alternative a competitive local
296	exchange telecommunications company, the commission shall have
297	120 days to vote on granting in whole or in part or denying the
298	petition of the alternative competitive local exchange company.
299	The commission may establish the alternative competitive local
300	exchange telecommunications company as the universal service
301	provider and carrier of last resort, provided that the
302	commission first determines that the alternative competitive
303	local exchange telecommunications company will provide high-
304	quality, reliable service. In the order establishing the
305	alternative competitive local exchange telecommunications
306	company as the universal service provider and carrier of last
307	resort, the commission shall set the period of time in which
308	such company must meet those objectives and obligations and
309	shall set up any mechanism needed to aid such company in
310	carrying out these duties.
311	Section 4.  Section 364.0361, Florida Statutes, is amended
312	to read:
313	364.0361  Local government authority; nondiscriminatory
314	exercise.--A local government shall treat each
315	telecommunications company in a nondiscriminatory manner when
316	exercising its authority to grant franchises to a
317	telecommunications company or to otherwise establish conditions
318	or compensation for the use of rights-of-way or other public
319	property by a telecommunications company. A local government may
320	not directly or indirectly regulate the terms and conditions,
321	including, but not limited to, the operating systems,
322	qualifications, services, service quality, service territory,
323	and prices, applicable to or in connection with the provision of
324	any broadband or information service. This section does not
325	relieve a provider from any obligations under s. 166.046 or s.
326	337.401.
327	Section 5.  Paragraph (a) of subsection (1), and
328	subsections (3), (6), (7), and (8) of section 364.051, Florida
329	Statutes, are amended to read
330	364.051  Price regulation.--
331	(1)  SCHEDULE.--Notwithstanding any other provisions of
332	this chapter, the following local exchange telecommunications
333	companies shall become subject to the price regulation described
334	in this section on the following dates:
335	(a)  For a local exchange telecommunications company with
336	100,000 or more access lines in service as of July 1, 1995, such
337	company may file with the commission a notice of election to be
338	under price regulation effective January 1, 1996, or when an
339	alternative a competitive local exchange telecommunications
340	company is certificated to provide local exchange
341	telecommunications services in its service territory, whichever
342	is later.
343	(3)  If it is determined that the level of competition
344	justifies the elimination of price caps in an exchange served by
345	a local exchange telecommunications company with less than 3
346	million basic local telecommunications service access lines in
347	service, or at the end of 5 years for any local exchange
348	telecommunications company, the local exchange
349	telecommunications company may thereafter on 30 days' notice
350	adjust its basic service prices revenues once in any 12-month
351	period in an amount not to exceed the change in inflation less 1
352	percent. Inflation shall be measured by the changes in the Gross
353	Domestic Product Fixed 1987 Weights Price Index, or successor
354	fixed weight price index, published in the Survey of Current
355	Business or a publication, by the United States Department of
356	Commerce. In the event any local exchange telecommunications
357	company, after January 1, 2001, believes that the level of
358	competition justifies the elimination of any form of price
359	regulation, the company may petition the Legislature.
360	(6)  After a local exchange telecommunications company that
361	has more than 1 million access lines in service has reduced its
362	intrastate switched network access rates to parity, as defined
363	in s. 364.164(5), the local exchange telecommunications
364	company's basic local telecommunications service may, at the
365	company's election, be subject to the same regulatory treatment
366	as its nonbasic services. The company's retail service quality
367	requirements that are not already equal to the service quality
368	requirements imposed upon the competitive local exchange
369	telecommunications companies shall thereafter be no greater than
370	those imposed upon competitive local exchange telecommunications
371	companies unless the commission, within 120 days after the
372	company's election, determines otherwise. In such event, the
373	commission may grant some reductions in service quality
374	requirements in some or all of the company's local calling
375	areas. The commission may not impose retail service quality
376	requirements on competitive local exchange telecommunications
377	companies greater than those existing on January 1, 2003.
378	(7)  If a local exchange telecommunications company elects,
379	pursuant to subsection (6), to subject its retail basic local
380	telecommunications services to the same regulatory treatment as
381	its nonbasic services, the local exchange telecommunications
382	company may petition the commission for regulatory treatment of
383	its retail services at a level no greater than that imposed by
384	the commission upon competitive local exchange
385	telecommunications companies. The local exchange
386	telecommunications company shall:
387	(a)  Show that granting the petition is in the public
388	interest;
389	(b)  Reduce its intrastate switched network access rates to
390	its local reciprocal interconnection rate upon the grant of the
391	petition.
392
393	The commission shall act upon such a petition within 9 months
394	after its filing with the commission. In making its
395	determination to either grant or deny the petition, the
396	commission shall determine the extent to which the level of
397	competition faced by the local exchange telecommunications
398	company permits and will continue to permit the company to have
399	its retail services regulated no differently than the
400	competitive local exchange telecommunications companies are then
401	being regulated. The commission may not increase the level of
402	regulation for competitive local exchange telecommunications
403	companies to a level greater than that which exists on the date
404	the local exchange telecommunications company files its
405	petition.
406	(8)  The provisions described in subsections (6) and (7)
407	shall apply to any local exchange telecommunications company
408	with 1 million or fewer lines in service that has reduced its
409	intrastate switched network access rates to a level equal to the
410	company's interstate switched network access rates in effect on
411	January 1, 2003.
412	Section 6.  Subsections (2), (3), and (4) of section
413	364.052, Florida Statutes, are amended to read:
414	364.052  Regulatory methods for small local exchange
415	telecommunications companies.--
416	(2)  A small local exchange telecommunications company
417	shall remain under rate base, rate of return regulation until
418	the company elects to become subject to s. 364.051, or January
419	1, 2001, whichever occurs first. A company subject to this
420	section, electing to be regulated pursuant to s. 364.051, will
421	have any overearnings attributable to a period prior to the date
422	on which the company makes the election subject to refund or
423	other disposition by the commission. Small local exchange
424	telecommunications companies not electing the price regulation
425	provided for under s. 364.051 shall also be regulated pursuant
426	to ss. 364.03, 364.035(1) and (2), 364.05, and 364.055 and other
427	provisions necessary for rate base, rate of return regulation.
428	If a small local exchange telecommunications company has not
429	elected to be regulated under s. 364.051, by January 1, 2001,
430	the company shall remain under rate base, rate of return
431	regulation until such time as a certificated alternative
432	competitive local exchange company provides basic local
433	telecommunications service in the company's territory. At such
434	time, the small local exchange telecommunications company shall
435	be subject to s. 364.051.
436	(a)  The commission shall establish, by rule, ranges of
437	basic factors for lives and salvage values to be used in
438	developing depreciation rates for companies subject to this
439	section. Companies shall have the option of using basic factors
440	within the established ranges or of filing depreciation studies.
441	(b)  The commission shall adopt, by rule, streamlined
442	procedures for regulating companies subject to this section.
443	These procedures shall minimize the burdens of regulation with
444	regard to audits, investigations, service standards, cost
445	studies, reports, and other matters, and the commission shall
446	establish, by rule, only those procedures that are cost-
447	justified and are in the public interest so that universal
448	service may be promoted. Upon petition filed in this rulemaking
449	proceeding, the commission shall review and may approve any
450	regulations unique to the specific circumstances of a company
451	subject to this section.
452	(3)  A company subject to this section may at any time
453	after January 1, 1996, elect to be regulated pursuant to s.
454	364.051. If such a company so elects or provides cable
455	television programming services directly or as video dial tone
456	applications authorized under 47 U.S.C. s. 214, except as
457	provided for in compliance with part II of this chapter, a
458	certificated alternative competitive local exchange company may
459	provide local exchange telecommunications services within the
460	territory of the electing company.
461	(4)  Any alternative competitive local exchange
462	telecommunications company competing within the territory of any
463	small local exchange telecommunications company must do so on an
464	exchange-wide basis for the provision of flat-rated, switched
465	residential and business local exchange telecommunications
466	services in all exchanges in which they elect to serve, unless
467	the commission determines otherwise. The alternative competitive
468	local exchange telecommunications company may petition and the
469	commission has the authority to determine that it is in the
470	public interest for an alternative a competitive local exchange
471	telecommunications company to service a geographic territory
472	that is less than an entire exchange.
473	Section 7.  Subsection (3) of section 364.058, Florida
474	Statutes, is amended to read:
475	364.058  Limited proceedings.--
476	(3)  The commission shall implement an expedited process to
477	facilitate the quick resolution of disputes between
478	telecommunications companies. The process implemented by the
479	commission shall, to the greatest extent feasible, minimize the
480	time necessary to reach a decision on a dispute. The commission
481	may limit the use of the expedited process based on the number
482	of parties, the number of issues, or the complexity of the
483	issues. For any proceeding conducted pursuant to the expedited
484	process, the commission shall make its determination within 120
485	days after a petition is filed or a motion is made. The
486	commission shall adopt rules to implement this subsection.
487	Section 8.  Subsection (3) of section 364.10, Florida
488	Statutes, is amended to read:
489	364.10  Undue advantage to person or locality prohibited;
490	Lifeline service.--
491	(3)(a)  Effective September 1, 2003, any local exchange
492	telecommunications company authorized by the commission to
493	reduce its switched network access rate pursuant to s. 364.164
494	shall have tariffed and shall provide Lifeline service to any
495	otherwise eligible customer or potential customer who meets an
496	income eligibility test at 125 percent or less of the federal
497	poverty income guidelines for Lifeline customers. Such a test
498	for eligibility must augment, rather than replace, the
499	eligibility standards established by federal law and based on
500	participation in certain low-income assistance programs. Each
501	intrastate interexchange telecommunications company shall,
502	effective September 1, 2003, file a tariff providing at a
503	minimum the intrastate interexchange telecommunications
504	carrier's current Lifeline benefits and exemptions to Lifeline
505	customers who meet the income eligibility test set forth in this
506	subsection. The Office of Public Counsel shall certify and
507	maintain claims submitted by a customer for eligibility under
508	the income test authorized by this subsection.
509	(b)  Each local exchange telecommunications company subject
510	to this subsection shall provide to each state and federal
511	agency providing benefits to persons eligible for Lifeline
512	service applications, brochures, pamphlets, or other materials
513	that inform such persons of their eligibility for Lifeline, and
514	each state agency providing such benefits shall furnish the
515	materials to affected persons at the time they apply for
516	benefits.
517	(c)  Any local exchange telecommunications company customer
518	receiving Lifeline benefits shall not be subject to any
519	residential basic local telecommunications service rate
520	increases authorized by s. 364.164 until the local exchange
521	telecommunications company reaches parity as defined in s.
522	364.164(5) or until the customer no longer qualifies for the
523	Lifeline benefits established by this section or s. 364.105, or
524	unless otherwise determined by the commission upon petition by a
525	local exchange telecommunications company.
526	(d)  By December 31, 2003, each state agency that provides
527	benefits to persons eligible for Lifeline service shall
528	undertake, in cooperation with the Department of Children and
529	Family Services, the commission, and telecommunications
530	companies providing Lifeline services, the development of
531	procedures to promote Lifeline participation.
532	(e)  The commission shall report to the Governor, the
533	President of the Senate, and the Speaker of the House of
534	Representatives by December 31 each year on the number of
535	customers who are subscribing to Lifeline service and the
536	effectiveness of any procedures to promote participation.
537	Section 9.  Subsection (2), paragraph (a) of subsection
538	(3), and subsection (5) of section 364.16, Florida Statutes, are
539	amended to read:
540	364.16  Connection of lines and transfers; local
541	interconnection; telephone number portability.--
542	(2)  Each alternative competitive local exchange
543	telecommunications company shall provide access to, and
544	interconnection with, its telecommunications services to any
545	other provider of local exchange telecommunications services
546	requesting such access and interconnection at nondiscriminatory
547	prices, terms, and conditions. If the parties are unable to
548	negotiate mutually acceptable prices, terms, and conditions
549	after 60 days, either party may petition the commission and the
550	commission shall have 120 days to make a determination after
551	proceeding as required by s. 364.162(2) pertaining to
552	interconnection services.
553	(3)  Each local exchange telecommunications company shall
554	provide access to, and interconnection with, its
555	telecommunications facilities to any other provider of local
556	exchange telecommunications services requesting such access and
557	interconnection at nondiscriminatory prices, rates, terms, and
558	conditions established by the procedures set forth in s.
559	364.162.
560	(a)  No local exchange telecommunications company or
561	alternative competitive local exchange telecommunications
562	company shall knowingly deliver traffic, for which terminating
563	access service charges would otherwise apply, through a local
564	interconnection arrangement without paying the appropriate
565	charges for such terminating access service.
566	(5)  When requested, each certificated telecommunications
567	company shall provide access to any poles, conduits, rights-of-
568	way, and like facilities that it owns or controls to any local
569	exchange telecommunications company or alternative competitive
570	local exchange telecommunications company pursuant to reasonable
571	rates and conditions mutually agreed to which do not
572	discriminate between similarly situated companies.
573	Section 10.  Subsections (3) and (4) of section 364.161,
574	Florida Statutes, are amended to read:
575	364.161  Unbundling and resale.--
576	(3)  Only after an alternative a competitive local exchange
577	telecommunications company has been determined to be a carrier
578	of last resort shall such company, upon request by another
579	telecommunications provider, be required, for purposes of
580	resale, to unbundle its local exchange services, network
581	features, functions and capabilities, including its local loop,
582	to the extent such unbundling is technically and economically
583	feasible. The parties shall negotiate the terms, conditions, and
584	prices of any feasible unbundling request. If the parties cannot
585	reach a satisfactory resolution within 60 days, either party may
586	petition the commission to arbitrate the dispute and the
587	commission shall make a determination within 120 days. The
588	prices shall not be below cost.
589	(4)  A local exchange telecommunications company shall
590	provide unbundled network elements, services for resale,
591	requested repairs, and necessary support services in a timely
592	manner. The Public Service Commission shall maintain a file of
593	all complaints by alternative competitive local exchange
594	telecommunications companies against local exchange
595	telecommunications companies regarding timeliness and adequacy
596	of service. This information, including how and when each
597	complaint was resolved, shall be included with the commission's
598	annual report to the Legislature on competition.
599	Section 11.  Subsection (1) of section 364.162, Florida
600	Statutes, is amended to read:
601	364.162  Negotiated prices for interconnection and for the
602	resale of services and facilities; commission rate setting.--
603	(1)  An alternative A competitive local exchange
604	telecommunications company shall have 60 days from the date it
605	is certificated to negotiate with a local exchange
606	telecommunications company mutually acceptable prices, terms,
607	and conditions of interconnection and for the resale of services
608	and facilities. If a negotiated price is not established after
609	60 days, either party may petition the commission to establish
610	nondiscriminatory rates, terms, and conditions of
611	interconnection and for the resale of services and facilities.
612	The commission shall have 120 days to make a determination after
613	proceeding as required by subsection (2). Whether set by
614	negotiation or by the commission, interconnection and resale
615	prices, rates, terms, and conditions shall be filed with the
616	commission before their effective date. The commission shall
617	have the authority to arbitrate any dispute regarding
618	interpretation of interconnection or resale prices and terms and
619	conditions.
620	Section 12.  Section 364.163, Florida Statutes, is amended
621	to read:
622	364.163  Network access services.--For purposes of this
623	section, the term "network access service" means is defined as
624	any service provided by a local exchange telecommunications
625	company to a telecommunications company certificated under this
626	chapter or licensed by the Federal Communications Commission to
627	access the local exchange telecommunications network, excluding
628	the local interconnection arrangements in s. 364.16 and the
629	resale arrangements in s. 364.161. Each local exchange
630	telecommunications company subject to s. 364.051 shall maintain
631	tariffs with the commission containing the terms, conditions,
632	and rates for each of its network access services.
633	(1)  Effective January 1, 1999, the rates for switched
634	network access services of each company subject to this section
635	shall be capped at the rates in effect on January 1, 1999, and
636	shall remain capped until January 1, 2001. Upon the date of
637	filing its election with the commission, the network access
638	service rates of a company that elects to become subject to this
639	section shall be capped at the rates in effect on that date and
640	shall remain capped for 5 years.
641	(2)(1)  After the termination of the caps imposed on rates
642	by subsection (1) and after a local exchange telecommunications
643	company's intrastate switched network access rates reach are
644	reduced to or below parity with its interstate switched access
645	rates, a company subject to this section may, on 30 days'
646	notice, annually adjust any specific network access service rate
647	in an amount not to exceed the cumulative change in inflation
648	experienced after the date of the last adjustment, provided,
649	however, that no such adjustment shall ever exceed 3 percent
650	annually of the then-current prices, as defined in s.
651	364.164(5), the company's intrastate switched network access
652	rates shall be, and shall remain, capped for 3 years. Inflation
653	shall be measured by the changes in Gross Domestic Product Fixed
654	1987 Weights Price Index, or successor fixed weight price index,
655	published in the Survey of Current Business, or successor
656	publication, by the United States Department of Commerce.
657	(3)  After the termination of the caps imposed on rates by
658	subsection (1), a company subject to this section may, at any
659	time, petition the commission for a network access service rate
660	change to recover the cost of governmentally mandated projects
661	or programs or an increase in federal or state income tax
662	incurred after that date. The costs and expenses of the
663	government program or project required in part II of this
664	chapter shall not be recovered under this subsection unless such
665	costs and expenses are incurred in the absence of a bid and
666	subject to carrier of last resort obligations as provided for in
667	part II of this chapter. With respect to governmentally mandated
668	projects and programs, such petition shall be acted upon no
669	later than 90 days after the date of filing. A company subject
670	to this section shall show the commission that the cost of a
671	project or program is not recoverable either from the government
672	mandating the project or program or from the beneficiaries of
673	the project or program through user fees or other new revenue
674	sources from the project or program, and to the extent that cost
675	decreases resulting from the project or program are reflected as
676	an offset to cost increases. A company subject to this section
677	shall decrease its network access rates by amounts that reflect
678	any federal or state income tax reduction. Nothing contained in
679	this section shall allow any revisions in the rates, terms, and
680	conditions for commercial mobile radio service access, which
681	revisions are inconsistent with the requirements or
682	methodologies of the Federal Communications Commission.
683	(4)  A company subject to this section may choose to
684	implement all or a portion of a rate increase allowed for
685	network access service by subsections (1), (2), and (3).
686	Notwithstanding subsections (1), (2), and (3), a company subject
687	to this section may choose to decrease network service rates at
688	any time, and decreased rates shall become effective upon 7
689	days' notice.
690	(5)  Company-proposed changes to the terms and conditions
691	for existing network access services in accordance with
692	subsections (1), (2), (3), and (4) shall be presumed valid and
693	become effective upon 15 days' notice. Company-proposed rate
694	reductions shall become effective upon 7 days' notice. Rate
695	increases made by the local exchange telecommunications company
696	shall be presumed valid and become effective on the date
697	specified in the tariff, but in no event earlier than 30 days
698	after the filing of such tariff. The commission shall have
699	continuing regulatory oversight of local exchange
700	telecommunications company-provided network access services for
701	purposes of determining the correctness of any price increase
702	resulting from the application of the inflation index and making
703	any necessary adjustments, establishing reasonable service
704	quality criteria, and assuring resolution of service complaints.
705	No later than 30 days after the filing of such tariff, the
706	commission may, with respect to determining the correctness of
707	any price increase, vote, without hearing, the local exchange
708	telecommunications company to hold subject to refund all
709	revenues collected under the rate increase. Within 60 days after
710	such order, the commission must make a determination either
711	compelling a refund of all or part of such revenues or releasing
712	them from such requirement.
713	(6)(2)  Any local exchange telecommunications company with
714	more than 100,000, but fewer than 3 million, basic local
715	telecommunications service access lines in service on July 1,
716	1995, shall reduce its intrastate switched access rates by 5
717	percent on July 1, 1998, and by 10 percent on October 1, 1998.
718	Any intrastate interexchange telecommunications company whose
719	intrastate switched network access rate is reduced as a result
720	of the rate decreases adjustments made by a local exchange
721	telecommunications company in accordance with this subsection s.
722	364.164 shall decrease its intrastate long distance rates
723	revenues by the amount necessary to return the benefits of such
724	reduction to both its residential and business customers but
725	shall not reduce per minute intra-LATA toll rates by a
726	percentage greater than the per minute intrastate switched
727	access rate reductions required by this act. The intrastate
728	interexchange telecommunications carrier company may determine
729	the specific intrastate rates to be decreased, provided that
730	residential and business customers benefit from the rate
731	decreases. Any in-state connection fee or similarly named fee
732	shall be eliminated by July 1, 2006, provided that the timetable
733	determined pursuant to s. 364.164(1) reduces intrastate switched
734	network access rates in an amount that results in the
735	elimination of such fee in a revenue-neutral manner. The tariff
736	changes, if any, made by the intrastate interexchange
737	telecommunications company to carry out the requirements of this
738	subsection shall be presumed valid and shall become effective on
739	1 day's notice.
740	(7)  Telecommunications company intrastate switched access
741	and customer long distance rate reductions shall become
742	effective on October 1 of each relevant year. Rate decreases
743	proposed in tariff revisions filed by the telecommunications
744	companies with the commission shall be presumed valid and become
745	effective on October 1 of each relevant year.
746	(8)  No later than 30 days after the filing of such tariff,
747	the commission may, with respect to determining the correctness
748	of any rate decrease, vote, without hearing, the
749	telecommunications company to hold subject to refund all
750	intrastate switched access or customer long distance rate
751	revenues collected after the rate decrease. Within 60 days after
752	such order, the commission must make a determination either
753	compelling a refund of the appropriate part of such revenues or
754	releasing all such revenues from such requirement.
755	(9)(3)  The commission shall have continuing regulatory
756	oversight of intrastate switched network access and customer
757	long distance rates for purposes of determining the correctness
758	of any rate decrease by a telecommunications company resulting
759	from the application of this section s. 364.164 and making any
760	necessary adjustments to those rates, establishing reasonable
761	service quality criteria, and assuring resolution of service
762	complaints.
763	Section 13.  Section 364.337, Florida Statutes, is amended
764	to read:
765	364.337  Alternative Competitive local exchange
766	telecommunications companies; intrastate interexchange
767	telecommunications services; certification.--
768	(1)  Upon this act becoming a law, a party may file an
769	application for a certificate as an alternative a competitive
770	local exchange telecommunications company before January 1,
771	1996, and the commission shall conduct its review of the
772	application and take all actions necessary to process the
773	application. However, an application shall become effective no
774	sooner than January 1, 1996. The commission shall grant a
775	certificate of authority to provide alternative competitive
776	local exchange service upon a showing that the applicant has
777	sufficient technical, financial, and managerial capability to
778	provide such service in the geographic area proposed to be
779	served. In no event may an alternative a competitive local
780	exchange telecommunications company may not offer basic local
781	telecommunications services within the territory served by a
782	company subject to s. 364.052 prior to January 1, 2001, unless
783	the small local exchange telecommunications company elects to be
784	regulated under s. 364.051 or provides cable television
785	programming services directly or as video dial tone applications
786	authorized under 47 U.S.C. s. 214, except as provided for in
787	compliance with part II. It is the intent of the Legislature
788	that the commission act expeditiously to grant certificates of
789	authority under this section and that the grant of certificates
790	not be affected by the application of any criteria other than
791	that specifically enumerated in this subsection.
792	(2)  Rules adopted by the commission governing the
793	provision of alternative competitive local exchange
794	telecommunications service shall be consistent with s. 364.01.
795	The basic local telecommunications service provided by an
796	alternative a competitive local exchange telecommunications
797	company must include access to operator services, "911"
798	services, and relay services for the hearing impaired. An
799	alternative A competitive local exchange telecommunications
800	company's "911" service shall be provided at a level equivalent
801	to that provided by the local exchange telecommunications
802	company serving the same area. There shall be a flat-rate
803	pricing option for basic local telecommunications services, and
804	mandatory measured service for basic local telecommunications
805	services shall not be imposed. A certificated alternative
806	competitive local exchange telecommunications company may
807	petition the commission for a waiver of some or all of the
808	requirements of this chapter, except ss. 364.16, 364.336, and
809	subsections (1) and (5). The commission may grant such petition
810	if determined to be in the public interest. In no event shall
811	alternative Competitive local exchange telecommunications
812	companies be are not subject to the requirements of ss. 364.03,
813	364.035, 364.037, 364.05, 364.055, 364.14, 364.17, 364.18,
814	364.33, and 364.3381.
815	(3)  The commission shall grant a certificate of authority
816	to provide intrastate interexchange telecommunications service
817	upon a showing that the applicant has sufficient technical,
818	financial, and managerial capability to provide such service in
819	the geographic area proposed to be served.
820	(4)  Rules adopted by the commission governing the
821	provision of intrastate interexchange telecommunications service
822	shall must be consistent with s. 364.01. A certificated
823	intrastate interexchange telecommunications company may petition
824	the commission for a waiver for some or all of the requirements
825	of this chapter, except s. 364.16, s. 364.335(3), or subsection
826	(5). The commission may grant such petition if determined to be
827	in the public interest. In no event shall intrastate
828	interexchange telecommunications companies be are not subject to
829	the requirements of ss. 364.03, 364.035, 364.037, 364.05,
830	364.055, 364.14, 364.17, 364.18, and 364.3381.
831	(5)  The commission shall have continuing regulatory
832	oversight over the provision of basic local exchange
833	telecommunications service provided by a certificated
834	alternative competitive local exchange telecommunications
835	company or a certificated alternative access vendor for purposes
836	of establishing reasonable service quality criteria, assuring
837	resolution of service complaints, and ensuring the fair
838	treatment of all telecommunications providers in the
839	telecommunications marketplace.
840	(6)(a)  The Legislature finds the provision of alternative
841	access vendor services to be in the public interest, and the
842	commission may authorize the provision of such service. For the
843	purposes of this section, effective January 1, 1996, the term
844	"alternative access vendor services" means the provision of
845	private line service between an entity and facilities at another
846	location, whether owned by the entity or an unaffiliated entity
847	or access service between an end user and an interexchange
848	carrier by other than a local exchange telecommunications
849	company. For purposes of this chapter, the term "private line
850	service" means any dedicated point-to-point or point-to-
851	multipoint service for the transmission of any public
852	telecommunications service.
853	(b)  A person may not provide alternative access vendor
854	services without first obtaining a certificate from the
855	commission. Any certificated alternative access vendor as of the
856	date this act becomes a law wishing to provide alternative local
857	exchange telecommunications service in addition to the services
858	authorized in its certificate may do so, effective January 1,
859	1996, upon furnishing written notice to the commission.
860	Section 14.  Subsection (1) of section 364.3376, Florida
861	Statutes, is amended to read:
862	364.3376  Operator services.--
863	(1)(a)  A person may not provide operator services as
864	defined in s. 364.02 without first obtaining from the commission
865	a certificate of public convenience and necessity as either an
866	operator services provider or an interexchange
867	telecommunications company.
868	(b)  The provisions of this section do does not apply to
869	operator services provided by a local exchange
870	telecommunications company or by an intrastate interexchange
871	telecommunications company, except as required by the commission
872	in the public interest.
873	Section 15.  Subsection (1) of section 364.502, Florida
874	Statutes, is amended to read:
875	364.502  Video programming; capacity for public use.--
876	(1)  Each local exchange telecommunications company or
877	alternative competitive local exchange telecommunications
878	company which provides video programming shall, prior to
879	providing such programming, file with the commission a
880	designation of reserve capacity for public, educational, or
881	governmental use. The commission shall review the filed
882	designation to determine whether such designation ensures that
883	public education and public information programming are
884	adequately available to the customers of such telecommunications
885	company. The commission shall consider the following factors in
886	determining whether the filed designation complies with the
887	requirements of this chapter:
888	(a)  Reservation and designation requirements provided by
889	federal law, if any.
890	(b)  The level of demand for such programming in a given
891	service area.
892	(c)  The barriers to providing such programming in the
893	service area.
894	(d)  The cost and availability of such programming in the
895	service area.
896	(e)  Other factors which the commission deems appropriate.
897	Section 16.  Paragraph (j) of subsection (3) of section
898	365.172, Florida Statutes, is amended to read:
899	365.172  Wireless emergency telephone number "E911."--
900	(3)  DEFINITIONS.--As used in this section and ss. 365.173
901	and 365.174, the term:
902	(j)  "Local exchange carrier" means an a "alternative
903	competitive local exchange telecommunications company" or a
904	"local exchange telecommunications company" as defined in s.
905	364.02.
906	Section 17.  Subsection (6) of section 196.012, Florida
907	Statutes, is amended to read:
908	196.012  Definitions.--For the purpose of this chapter, the
909	following terms are defined as follows, except where the context
910	clearly indicates otherwise:
911	(6)  Governmental, municipal, or public purpose or function
912	shall be deemed to be served or performed when the lessee under
913	any leasehold interest created in property of the United States,
914	the state or any of its political subdivisions, or any
915	municipality, agency, special district, authority, or other
916	public body corporate of the state is demonstrated to perform a
917	function or serve a governmental purpose which could properly be
918	performed or served by an appropriate governmental unit or which
919	is demonstrated to perform a function or serve a purpose which
920	would otherwise be a valid subject for the allocation of public
921	funds. For purposes of the preceding sentence, an activity
922	undertaken by a lessee which is permitted under the terms of its
923	lease of real property designated as an aviation area on an
924	airport layout plan which has been approved by the Federal
925	Aviation Administration and which real property is used for the
926	administration, operation, business offices and activities
927	related specifically thereto in connection with the conduct of
928	an aircraft full service fixed base operation which provides
929	goods and services to the general aviation public in the
930	promotion of air commerce shall be deemed an activity which
931	serves a governmental, municipal, or public purpose or function.
932	Any activity undertaken by a lessee which is permitted under the
933	terms of its lease of real property designated as a public
934	airport as defined in s. 332.004(14) by municipalities,
935	agencies, special districts, authorities, or other public bodies
936	corporate and public bodies politic of the state, a spaceport as
937	defined in s. 331.303(19), or which is located in a deepwater
938	port identified in s. 403.021(9)(b) and owned by one of the
939	foregoing governmental units, subject to a leasehold or other
940	possessory interest of a nongovernmental lessee that is deemed
941	to perform an aviation, airport, aerospace, maritime, or port
942	purpose or operation shall be deemed an activity that serves a
943	governmental, municipal, or public purpose. The use by a lessee,
944	licensee, or management company of real property or a portion
945	thereof as a convention center, visitor center, sports facility
946	with permanent seating, concert hall, arena, stadium, park, or
947	beach is deemed a use that serves a governmental, municipal, or
948	public purpose or function when access to the property is open
949	to the general public with or without a charge for admission. If
950	property deeded to a municipality by the United States is
951	subject to a requirement that the Federal Government, through a
952	schedule established by the Secretary of the Interior, determine
953	that the property is being maintained for public historic
954	preservation, park, or recreational purposes and if those
955	conditions are not met the property will revert back to the
956	Federal Government, then such property shall be deemed to serve
957	a municipal or public purpose. The term "governmental purpose"
958	also includes a direct use of property on federal lands in
959	connection with the Federal Government's Space Exploration
960	Program or spaceport activities as defined in s. 212.02(22).
961	Real property and tangible personal property owned by the
962	Federal Government or the Florida Space Authority and used for
963	defense and space exploration purposes or which is put to a use
964	in support thereof shall be deemed to perform an essential
965	national governmental purpose and shall be exempt. "Owned by the
966	lessee" as used in this chapter does not include personal
967	property, buildings, or other real property improvements used
968	for the administration, operation, business offices and
969	activities related specifically thereto in connection with the
970	conduct of an aircraft full service fixed based operation which
971	provides goods and services to the general aviation public in
972	the promotion of air commerce provided that the real property is
973	designated as an aviation area on an airport layout plan
974	approved by the Federal Aviation Administration. For purposes of
975	determination of "ownership," buildings and other real property
976	improvements which will revert to the airport authority or other
977	governmental unit upon expiration of the term of the lease shall
978	be deemed "owned" by the governmental unit and not the lessee.
979	Providing two-way telecommunications services to the public for
980	hire by the use of a telecommunications facility, as defined in
981	s. 364.02(13)(14), and for which a certificate is required under
982	chapter 364 does not constitute an exempt use for purposes of s.
983	196.199, unless the telecommunications services are provided by
984	the operator of a public-use airport, as defined in s. 332.004,
985	for the operator's provision of telecommunications services for
986	the airport or its tenants, concessionaires, or licensees, or
987	unless the telecommunications services are provided by a public
988	hospital. However, property that is being used to provide such
989	telecommunications services on or before October 1, 1997, shall
990	remain exempt, but such exemption expires October 1, 2004.
991	Section 18.  Paragraph (b) of subsection (1) of section
992	199.183, Florida Statutes, is amended to read:
993	199.183  Taxpayers exempt from annual and nonrecurring
994	taxes.--
995	(1)  Intangible personal property owned by this state or
996	any of its political subdivisions or municipalities shall be
997	exempt from taxation under this chapter. This exemption does not
998	apply to:
999	(b)  Property related to the provision of two-way
1000	telecommunications services to the public for hire by the use of
1001	a telecommunications facility, as defined in s. 364.02(13)(14),
1002	and for which a certificate is required under chapter 364, when
1003	such service is provided by any county, municipality, or other
1004	political subdivision of the state. Any immunity of any
1005	political subdivision of the state or other entity of local
1006	government from taxation of the property used to provide
1007	telecommunication services that is taxed as a result of this
1008	paragraph is hereby waived. However, intangible personal
1009	property related to the provision of such telecommunications
1010	services provided by the operator of a public-use airport, as
1011	defined in s. 332.004, for the operator's provision of
1012	telecommunications services for the airport or its tenants,
1013	concessionaires, or licensees, and intangible personal property
1014	related to the provision of such telecommunications services
1015	provided by a public hospital, are exempt from taxation under
1016	this chapter.
1017	Section 19.  Subsection (6) of section 212.08, Florida
1018	Statutes, is amended to read:
1019	212.08  Sales, rental, use, consumption, distribution, and
1020	storage tax; specified exemptions.--The sale at retail, the
1021	rental, the use, the consumption, the distribution, and the
1022	storage to be used or consumed in this state of the following
1023	are hereby specifically exempt from the tax imposed by this
1024	chapter.
1025	(6)  EXEMPTIONS; POLITICAL SUBDIVISIONS.--There are also
1026	exempt from the tax imposed by this chapter sales made to the
1027	United States Government, a state, or any county, municipality,
1028	or political subdivision of a state when payment is made
1029	directly to the dealer by the governmental entity. This
1030	exemption shall not inure to any transaction otherwise taxable
1031	under this chapter when payment is made by a government employee
1032	by any means, including, but not limited to, cash, check, or
1033	credit card when that employee is subsequently reimbursed by the
1034	governmental entity. This exemption does not include sales of
1035	tangible personal property made to contractors employed either
1036	directly or as agents of any such government or political
1037	subdivision thereof when such tangible personal property goes
1038	into or becomes a part of public works owned by such government
1039	or political subdivision. A determination whether a particular
1040	transaction is properly characterized as an exempt sale to a
1041	government entity or a taxable sale to a contractor shall be
1042	based on the substance of the transaction rather than the form
1043	in which the transaction is cast. The department shall adopt
1044	rules that give special consideration to factors that govern the
1045	status of the tangible personal property before its affixation
1046	to real property. In developing these rules, assumption of the
1047	risk of damage or loss is of paramount consideration in the
1048	determination. This exemption does not include sales, rental,
1049	use, consumption, or storage for use in any political
1050	subdivision or municipality in this state of machines and
1051	equipment and parts and accessories therefor used in the
1052	generation, transmission, or distribution of electrical energy
1053	by systems owned and operated by a political subdivision in this
1054	state for transmission or distribution expansion. Likewise
1055	exempt are charges for services rendered by radio and television
1056	stations, including line charges, talent fees, or license fees
1057	and charges for films, videotapes, and transcriptions used in
1058	producing radio or television broadcasts. The exemption provided
1059	in this subsection does not include sales, rental, use,
1060	consumption, or storage for use in any political subdivision or
1061	municipality in this state of machines and equipment and parts
1062	and accessories therefor used in providing two-way
1063	telecommunications services to the public for hire by the use of
1064	a telecommunications facility, as defined in s. 364.02(13)(14),
1065	and for which a certificate is required under chapter 364, which
1066	facility is owned and operated by any county, municipality, or
1067	other political subdivision of the state. Any immunity of any
1068	political subdivision of the state or other entity of local
1069	government from taxation of the property used to provide
1070	telecommunication services that is taxed as a result of this
1071	section is hereby waived. However, the exemption provided in
1072	this subsection includes transactions taxable under this chapter
1073	which are for use by the operator of a public-use airport, as
1074	defined in s. 332.004, in providing such telecommunications
1075	services for the airport or its tenants, concessionaires, or
1076	licensees, or which are for use by a public hospital for the
1077	provision of such telecommunications services.
1078	Section 20.  Subsection (8) of section 290.007, Florida
1079	Statutes, is amended to read:
1080	290.007  State incentives available in enterprise
1081	zones.--The following incentives are provided by the state to
1082	The following incentives are provided by the state to encourage
1083	the revitalization of enterprise zones:
1084	(8)  Notwithstanding any law to the contrary, the Public
1085	Service Commission may allow public utilities and
1086	telecommunications companies to grant discounts of up to 50
1087	percent on tariffed rates for services to small businesses
1088	located in an enterprise zone designated pursuant to s.
1089	290.0065. Such discounts may be granted for a period not to
1090	exceed 5 years. For purposes of this subsection, the term
1091	"public utility" has the same meaning as in s. 366.02(1) and the
1092	term "telecommunications company" has the same meaning as in s.
1093	364.02(12)(13).
1094	Section 21.  Subsection (3) of section 350.0605, Florida
1095	Statutes, is amended to read:
1096	350.0605  Former commissioners and employees;
1097	representation of clients before commission.--
1098	(3)  For a period of 2 years following termination of
1099	service on the commission, a former member may not accept
1100	employment by or compensation from a business entity which,
1101	directly or indirectly, owns or controls a public utility
1102	regulated by the commission, from a public utility regulated by
1103	the commission, from a business entity which, directly or
1104	indirectly, is an affiliate or subsidiary of a public utility
1105	regulated by the commission or is an actual business competitor
1106	of a local exchange company or public utility regulated by the
1107	commission and is otherwise exempt from regulation by the
1108	commission under ss. 364.02(12)(13) and 366.02(1), or from a
1109	business entity or trade association that has been a party to a
1110	commission proceeding within the 2 years preceding the member's
1111	termination of service on the commission. This subsection
1112	applies only to members of the Florida Public Service Commission
1113	who are appointed or reappointed after May 10, 1993.
1114	Section 22.  Subsection (4) of section 364.602, Florida
1115	Statutes, is amended to read:
1116	364.602  Definitions.--For purposes of this part:
1117	(4)  "Originating party" means any person, firm,
1118	corporation, or other entity, including a telecommunications
1119	company or a billing clearinghouse, that provides any
1120	telecommunications service or information service to a customer
1121	or bills a customer through a billing party, except the term
1122	"originating party" does not include any entity specifically
1123	exempted from the definition of "telecommunications company" as
1124	provided in s. 364.02(12)(13).
1125	Section 23.  Subsection (5) of section 489.103, Florida
1126	Statutes, is amended to read:
1127	489.103  Exemptions.--This part does not apply to:
1128	(5)  Public utilities, including special gas districts as
1129	defined in chapter 189, telecommunications companies as defined
1130	in s. 364.02(12)(13), and natural gas transmission companies as
1131	defined in s. 368.103(4), on construction, maintenance, and
1132	development work performed by their employees, which work,
1133	including, but not limited to, work on bridges, roads, streets,
1134	highways, or railroads, is incidental to their business. The
1135	board shall define, by rule, the term "incidental to their
1136	business" for purposes of this subsection.
1137	Section 24.  Sections 364.059 and 364.164, Florida
1138	Statutes, and section 1 of chapter 2003-32, Laws of Florida, are
1139	repealed.
1140	Section 25.  This act shall take effect upon becoming a
1141	law.

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