Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1320
                        Barcode 220820
                            CHAMBER ACTION
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11  The Committee on Commerce and Consumer Services (Crist)
12  recommended the following substitute for amendment (432854):
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14         Senate Amendment (with title amendment) 
15         On page 1, line 22, through
16            page 2, line 14, delete those lines
17  
18  and insert:  
19         Section 1.  Section 364.10, Florida Statutes, is
20  amended to read:
21         364.10  Undue advantage to person or locality
22  prohibited; Lifeline service.--
23         (1)  A telecommunications company may not make or give
24  any undue or unreasonable preference or advantage to any
25  person or locality or subject any particular person or
26  locality to any undue or unreasonable prejudice or
27  disadvantage in any respect whatsoever.
28         (2)(a)  The prohibitions of subsection (1)
29  notwithstanding, an eligible telecommunications carrier a
30  telecommunications company serving as carrier of last resort
31  shall provide a Lifeline Assistance Plan to qualified
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    5:12 PM   04/11/05                              s1320.cm12.00b

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1320 Barcode 220820 1 residential subscribers, as defined in a commission-approved 2 tariff or price list and a preferential rate to eligible 3 facilities as provided for in part II. For the purposes of 4 this section, the term "eligible telecommunications carrier" 5 means a telecommunications company, as defined by s. 364.02, 6 which is designated as an eligible telecommunications carrier 7 by the commission pursuant to 47 C.F.R. s. 54.201. 8 (b) An eligible telecommunications carrier shall offer 9 a consumer who applies for or receives Lifeline service the 10 option of blocking all toll calls or, if technically capable, 11 placing a limit on the number of toll calls a consumer can 12 make. The eligible telecommunications carrier may not charge 13 the consumer an administrative charge or other additional fee 14 for blocking the service. 15 (c) An eligible telecommunications carrier may not 16 collect a service deposit in order to initiate Lifeline 17 service if the qualifying low-income consumer voluntarily 18 elects toll blocking or toll limitation. If the qualifying 19 low-income consumer elects not to place toll blocking on the 20 line, an eligible telecommunications carrier may charge a 21 service deposit. 22 (d) An eligible telecommunications carrier may not 23 charge Lifeline subscribers a monthly number-portability 24 charge. 25 (e)1. An eligible telecommunications carrier must 26 notify a Lifeline subscriber of impending termination of 27 Lifeline service if the company has reasonable basis to 28 believe that the subscriber no longer qualifies. Notification 29 of pending termination must be in the form of a letter that is 30 separate from the subscriber's bill. 31 2. An eligible telecommunications carrier shall allow 2 5:12 PM 04/11/05 s1320.cm12.00b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1320 Barcode 220820 1 a subscriber 60 days following the date of the pending 2 termination letter to demonstrate continued eligibility. The 3 subscriber must present proof of continued eligibility. An 4 eligible telecommunications carrier may transition off of 5 Lifeline service, pursuant to its tariff, a subscriber who 6 fails to demonstrate continued eligibility. 7 3. The commission shall establish procedures for such 8 notification and termination. 9 (f) An eligible telecommunications carrier shall 10 timely credit a consumer's bill with the Lifeline Assistance 11 credit as soon as practicable, but no later than 60 days 12 following receipt of notice of eligibility from the Office of 13 Public Counsel or proof of eligibility from the consumer. 14 (3)(a) Effective September 1, 2003, any local exchange 15 telecommunications company authorized by the commission to 16 reduce its switched network access rate pursuant to s. 364.164 17 shall have tariffed and shall provide Lifeline service to any 18 otherwise eligible customer or potential customer who meets an 19 income eligibility test at 125 percent or less of the federal 20 poverty income guidelines for Lifeline customers. The Such a 21 test for eligibility must augment, rather than replace, the 22 eligibility standards established by federal law and based on 23 participation in certain low-income assistance programs. Each 24 intrastate interexchange telecommunications company shall, 25 effective September 1, 2003, file a tariff providing at a 26 minimum the intrastate interexchange telecommunications 27 carrier's current Lifeline benefits and exemptions to Lifeline 28 customers who meet the income eligibility test set forth in 29 this subsection. The Office of Public Counsel shall certify 30 and maintain claims submitted by a customer for eligibility 31 under the income test authorized by this subsection. 3 5:12 PM 04/11/05 s1320.cm12.00b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1320 Barcode 220820 1 (b) Each eligible telecommunications carrier local 2 exchange telecommunications company subject to this subsection 3 shall provide to each state and federal agency providing 4 benefits to persons eligible for Lifeline service 5 applications, brochures, pamphlets, or other materials that 6 inform the such persons of their eligibility for Lifeline, and 7 each state agency providing the such benefits shall furnish 8 the materials to affected persons at the time they apply for 9 benefits. 10 (c) Any local exchange telecommunications company 11 customer receiving Lifeline benefits shall not be subject to 12 any residential basic local telecommunications service rate 13 increases authorized by s. 364.164 until the local exchange 14 telecommunications company reaches parity as defined in s. 15 364.164(5) or until the customer no longer qualifies for the 16 Lifeline benefits established by this section or s. 364.105, 17 or unless otherwise determined by the commission upon petition 18 by a local exchange telecommunications company. 19 (d) An eligible telecommunications carrier may not 20 discontinue basic local exchange telephone service to a 21 subscriber who receives Lifeline service because of nonpayment 22 by the subscriber of charges for nonbasic services billed by 23 the telecommunications company, including long-distance 24 service. A subscriber who receives Lifeline service shall be 25 required to pay all applicable basic local exchange service 26 fees, including the subscriber line charge, E-911, telephone 27 relay system charges, and applicable state and federal taxes. 28 (e) An eligible telecommunications carrier may not 29 refuse to connect, reconnect, or provide Lifeline service 30 because of unpaid toll charges or nonbasic charges other than 31 basic local exchange service. 4 5:12 PM 04/11/05 s1320.cm12.00b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1320 Barcode 220820 1 (f) An eligible telecommunications carrier may require 2 that payment arrangements be made for outstanding debt 3 associated with basic local exchange service, subscriber line 4 charges, E-911, telephone relay system charges, and applicable 5 state and federal taxes. 6 (g) An eligible telecommunications carrier may block a 7 Lifeline service subscriber's access to all long-distance 8 service, except for toll-free numbers, and may block the 9 ability to accept collect calls when the subscriber owes an 10 outstanding amount for long-distance service or amounts 11 resulting from collect calls. However, the eligible 12 telecommunications carrier may not impose a charge for 13 blocking long-distance service. The eligible 14 telecommunications carrier shall remove the block at the 15 request of the subscriber without additional cost to the 16 subscriber upon payment of the outstanding amount. An eligible 17 telecommunications carrier may charge a service deposit before 18 removing the block. 19 (h)(d) By December 31, 2003, each state agency that 20 provides benefits to persons eligible for Lifeline service 21 shall undertake, in cooperation with the Department of 22 Children and Family Services, the Department of Education, the 23 commission, the Office of Public Counsel, and 24 telecommunications companies providing Lifeline services, the 25 development of procedures to promote Lifeline participation. 26 (i)(e) The commission shall report to the Governor, 27 the President of the Senate, and the Speaker of the House of 28 Representatives by December 31 each year on the number of 29 customers who are subscribing to Lifeline service and the 30 effectiveness of any procedures to promote participation. 31 (j) The commission shall adopt rules to administer 5 5:12 PM 04/11/05 s1320.cm12.00b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1320 Barcode 220820 1 this section. 2 Section 2. By January 15, 2006, and in furtherance of 3 their Lifeline education and promotional efforts, each 4 telecommunications company that has, by July 1, 2005, had a 5 petition granted under section 364.164, Florida Statutes, 6 shall file with the Public Service Commission a report on 7 Lifeline participation in the state. The report shall be 8 produced by the Public Utility Research Center at the 9 University of Florida and shall be conducted under the 10 auspices of the Public Service Commission and the Office of 11 the Public Counsel. The report must, at a minimum, identify 12 the total number of eligible customers, without duplication 13 occasioned by the applicability of multiple eligibility 14 criteria established, as of March 31, 2005, by law, commission 15 order, or approved company agreement. The report may also 16 report on subscribership differences among socio-economic 17 segments within the population of Lifeline-eligible Floridians 18 to the extent that any identifiable segment's inclination to 19 subscribe to Lifeline services of a local exchange 20 telecommunications company differs. Such report may be filed 21 with the commission jointly or individually by companies 22 covered by this section. By March 1, 2006, the commission 23 shall file the report with the President of the Senate and the 24 Speaker of the House of Representatives, along with 25 supplemental information or commission comment, if any, deemed 26 relevant by the commission. 27 Section 3. This act shall take effect July 1, 2005. 28 29 30 ================ T I T L E A M E N D M E N T =============== 31 And the title is amended as follows: 6 5:12 PM 04/11/05 s1320.cm12.00b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1320 Barcode 220820 1 On page 1, lines 4-17, delete those lines 2 3 and insert: 4 transferring applicability from 5 telecommunications companies serving as 6 carriers of last resort to eligible 7 telecommunications carriers; defining the term 8 "eligible telecommunications carrier"; 9 providing requirements for eligible 10 telecommunications carriers; requiring the 11 Public Service Commission to establish 12 procedures for notification and termination of 13 the Lifeline Assistance credit; providing 14 criteria for connection, reconnection, and 15 discontinuation of basic local 16 telecommunications service for Lifeline 17 Assistance subscribers; providing criteria for 18 blocking access to long-distance service; 19 adding the Department of Education and the 20 Office of Public Counsel to those agencies that 21 are directed to cooperate in developing 22 procedures for promoting Lifeline 23 participation; requiring the commission to 24 adopt rules; requiring the commission to report 25 to the Legislature; providing an 26 27 28 29 30 31 7 5:12 PM 04/11/05 s1320.cm12.00b