HB 0313

CS

CHAMBER ACTION

1	The Utilities & Telecommunications Committee recommends the
2	following:
3
4	Council/Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to the Lifeline telecommunications
8	service; amending s. 364.10, F.S.; directing a local
9	exchange telecommunications company to offer a consumer
10	who applies for or receives Lifeline service the option of
11	blocking toll calls; prohibiting a local exchange
12	telecommunications company from discontinuing local
13	service to a consumer receiving Lifeline service for
14	nonpayment of other telephone services; directing the
15	Public Service Commission to adopt rules to administer the
16	prohibition; authorizing a local exchange
17	telecommunications company to block specified long-
18	distance services when a customer owes an outstanding
19	account for those services; revising time for agencies to
20	develop procedures to promote Lifeline participation;
21	providing an effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Section 364.10, Florida Statutes, is amended to
26	read:
27	364.10  Undue advantage to person or locality prohibited;
28	Lifeline service.--
29	(1)  A telecommunications company may not make or give any
30	undue or unreasonable preference or advantage to any person or
31	locality or subject any particular person or locality to any
32	undue or unreasonable prejudice or disadvantage in any respect
33	whatsoever.
34	(2)(a)  The prohibitions of subsection (1) notwithstanding,
35	a telecommunications company serving as carrier of last resort
36	shall provide a Lifeline Assistance Plan to qualified
37	residential subscribers, as defined in a commission-approved
38	tariff and a preferential rate to eligible facilities as
39	provided for in part II.
40	(b)  A local exchange telecommunications company shall
41	offer a consumer who applies for or receives Lifeline service
42	the option of blocking all toll calls or, if technically
43	capable, placing a limit on the amount of toll calls a consumer
44	can make. The local exchange telecommunications company may not
45	charge the consumer an administrative charge or other additional
46	fee for blocking the service.
47	(3)(a)  Effective September 1, 2003, any local exchange
48	telecommunications company authorized by the commission to
49	reduce its switched network access rate under pursuant to s.
50	364.164 shall have tariffed and shall provide Lifeline service
51	to any otherwise eligible customer or potential customer who
52	meets an income eligibility test at 125 percent or less of the
53	federal poverty income guidelines for Lifeline customers. The
54	Such a test for eligibility must augment, rather than replace,
55	the eligibility standards established by federal law and based
56	on participation in certain low-income assistance programs. Each
57	intrastate interexchange telecommunications company shall,
58	effective September 1, 2003, file a tariff providing at a
59	minimum the intrastate interexchange telecommunications
60	carrier's current Lifeline benefits and exemptions to Lifeline
61	customers who meet the income eligibility test set forth in this
62	subsection. The Office of Public Counsel shall certify and
63	maintain claims submitted by a customer for eligibility under
64	the income test authorized by this subsection.
65	(b)  Each local exchange telecommunications company subject
66	to this subsection shall provide to each state and federal
67	agency providing benefits to persons eligible for Lifeline
68	service applications, brochures, pamphlets, or other materials
69	that inform the such persons of their eligibility for Lifeline,
70	and each state agency providing the such benefits shall furnish
71	the materials to affected persons at the time they apply for
72	benefits.
73	(c)1.  Any local exchange telecommunications company
74	customer receiving Lifeline benefits shall not be subject to any
75	residential basic local telecommunications service rate
76	increases authorized by s. 364.164 until the local exchange
77	telecommunications company reaches parity as defined in s.
78	364.164(5) or until the customer no longer qualifies for the
79	Lifeline benefits established by this section or s. 364.105, or
80	unless otherwise determined by the commission upon petition by a
81	local exchange telecommunications company.
82	2.  A local exchange telecommunications company may not
83	discontinue basic local exchange telephone service to a consumer
84	who receives Lifeline service because of nonpayment by the
85	consumer of charges for other services billed by the
86	telecommunications company, including long-distance service. The
87	commission shall adopt rules to administer this subparagraph.
88	3.  A local exchange telecommunications company may block a
89	Lifeline service participant's access to all long-distance
90	service except toll-free numbers when the participant owes an
91	outstanding amount for long-distance service. The local exchange
92	telecommunications company shall remove the block without
93	additional cost to the participant on payment of the outstanding
94	amount.
95	(d)  By December 31, 2005 2003, each state agency providing
96	that provides benefits to persons eligible for Lifeline service
97	shall undertake, in cooperation with the Department of Children
98	and Family Services, the commission, the Office of Public
99	Counsel, and telecommunications companies providing Lifeline
100	services, the development of procedures to promote Lifeline
101	participation.
102	(e)  The commission shall report to the Governor, the
103	President of the Senate, and the Speaker of the House of
104	Representatives by December 31 each year on the number of
105	customers who are subscribing to Lifeline service and the
106	effectiveness of any procedures to promote participation.
107	Section 2.  This act shall take effect July 1, 2005.

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