Senate Bill sb0158
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Florida Senate - 2005 SB 158
By Senator Siplin
19-78-05
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:
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30 Section 1. Section 364.10, Florida Statutes, is
31 amended to read:
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Florida Senate - 2005 SB 158
19-78-05
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 - 2005 SB 158
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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 - 2005 SB 158
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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, 2005 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 the Office of Public Counsel, and telecommunications companies
13 providing Lifeline services, the development of procedures to
14 promote Lifeline 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 - 2005 SB 158
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1 Section 2. This act shall take effect July 1, 2005.
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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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