HB 0313

CS

CHAMBER ACTION

1	The Future of Florida's Families 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 Lifeline telecommunications services;
8	amending s. 364.10, F.S.; requiring that Lifeline
9	Assistance Plans be provided by eligible telecommunications
10	carriers; deleting requirement that such plans be provided
11	by telecommunications companies serving as carriers of last
12	resort; defining the term "eligible telecommunications
13	carrier"; requiring such carriers to offer Lifeline service
14	applicants and recipients the option of blocking or
15	limiting toll calls under certain circumstances;
16	prohibiting the carrier from requiring a service deposit
17	from certain consumers electing to block or limit toll
18	calls; prohibiting a number-portability charge to Lifeline
19	subscribers; providing requirements for termination of
20	Lifeline service; requiring the Public Service Commission
21	to establish procedures for notification and termination of
22	Lifeline service; requiring the carrier to timely credit a
23	consumer's bill with Lifeline Assistance credits; providing
24	criteria for connection, reconnection, and discontinuation
25	of basic local telecommunications service for Lifeline
26	Assistance subscribers; providing criteria for blocking
27	access to long-distance service; adding the Department of
28	Education and the Office of Public Counsel to those
29	agencies that are directed to cooperate in developing
30	procedures for promoting Lifeline participation; requiring
31	the commission to adopt rules; requiring certain
32	telecommunications companies to file with the commission a
33	report on Lifeline participation; requiring the commission
34	to report to the Legislature; providing an effective date
35
36	Be It Enacted by the Legislature of the State of Florida:
37
38	Section 1.  Section 364.10, Florida Statutes, is amended to
39	read:
40	364.10  Undue advantage to person or locality prohibited;
41	Lifeline service.--
42	(1)  A telecommunications company may not make or give any
43	undue or unreasonable preference or advantage to any person or
44	locality or subject any particular person or locality to any
45	undue or unreasonable prejudice or disadvantage in any respect
46	whatsoever.
47	(2)(a)  The prohibitions of subsection (1) notwithstanding,
48	an eligible telecommunications carrier a telecommunications
49	company serving as carrier of last resort shall provide a
50	Lifeline Assistance Plan to qualified residential subscribers,
51	as defined in a commission-approved tariff or price list and a
52	preferential rate to eligible facilities as provided for in part
53	II. For the purposes of this section, the term "eligible
54	telecommunications carrier" means a telecommunications company,
55	as defined by s. 364.02, which is designated as an eligible
56	telecommunications carrier by the commission pursuant to 47
57	C.F.R. s. 54.201.
58	(b)  An eligible telecommunications carrier shall offer a
59	consumer who applies for or receives Lifeline service the option
60	of blocking all toll calls or, if technically capable, placing a
61	limit on the number of toll calls a consumer can make. The
62	eligible telecommunications carrier may not charge the consumer
63	an administrative charge or other additional fee for blocking
64	the service.
65	(c)  An eligible telecommunications carrier may not collect
66	a service deposit in order to initiate Lifeline service if the
67	qualifying low-income consumer voluntarily elects toll blocking
68	or toll limitation. If the qualifying low-income consumer elects
69	not to place toll blocking on the line, an eligible
70	telecommunications carrier may charge a service deposit.
71	(d)  An eligible telecommunications carrier may not charge
72	Lifeline subscribers a monthly number-portability charge.
73	(e)1.  An eligible telecommunications carrier must notify a
74	Lifeline subscriber of impending termination of Lifeline service
75	if the company has a reasonable basis to believe that the
76	subscriber no longer qualifies. Notification of pending
77	termination must be in the form of a letter that is separate
78	from the subscriber's bill.
79	2.  An eligible telecommunications carrier shall allow a
80	subscriber 60 days following the date of the pending termination
81	letter to demonstrate continued eligibility. The subscriber must
82	present proof of continued eligibility. An eligible
83	telecommunications carrier may transition off of Lifeline
84	service, pursuant to its tariff, any subscriber who fails to
85	demonstrate continued eligibility.
86	3.  The commission shall establish procedures for such
87	notification and termination.
88	(f)  An eligible telecommunications carrier shall timely
89	credit a consumer's bill with the Lifeline Assistance credit as
90	soon as practicable, but no later than 60 days following receipt
91	of notice of eligibility from the Office of Public Counsel or
92	proof of eligibility from the consumer.
93	(3)(a)  Effective September 1, 2003, any local exchange
94	telecommunications company authorized by the commission to
95	reduce its switched network access rate pursuant to s. 364.164
96	shall have tariffed and shall provide Lifeline service to any
97	otherwise eligible customer or potential customer who meets an
98	income eligibility test at 125 percent or less of the federal
99	poverty income guidelines for Lifeline customers. The Such a
100	test for eligibility must augment, rather than replace, the
101	eligibility standards established by federal law and based on
102	participation in certain low-income assistance programs. Each
103	intrastate interexchange telecommunications company shall,
104	effective September 1, 2003, file a tariff providing at a
105	minimum the intrastate interexchange telecommunications
106	carrier's current Lifeline benefits and exemptions to Lifeline
107	customers who meet the income eligibility test set forth in this
108	subsection. The Office of Public Counsel shall certify and
109	maintain claims submitted by a customer for eligibility under
110	the income test authorized by this subsection.
111	(b)  Each eligible telecommunications carrier local
112	exchange telecommunications company subject to this subsection
113	shall provide to each state and federal agency providing
114	benefits to persons eligible for Lifeline service applications,
115	brochures, pamphlets, or other materials that inform the such
116	persons of their eligibility for Lifeline, and each state agency
117	providing the such benefits shall furnish the materials to
118	affected persons at the time they apply for benefits.
119	(c)  Any local exchange telecommunications company customer
120	receiving Lifeline benefits shall not be subject to any
121	residential basic local telecommunications service rate
122	increases authorized by s. 364.164 until the local exchange
123	telecommunications company reaches parity as defined in s.
124	364.164(5) or until the customer no longer qualifies for the
125	Lifeline benefits established by this section or s. 364.105, or
126	unless otherwise determined by the commission upon petition by a
127	local exchange telecommunications company.
128	(d)  An eligible telecommunications carrier may not
129	discontinue basic local exchange telephone service to a
130	subscriber who receives Lifeline service because of nonpayment
131	by the subscriber of charges for nonbasic services billed by the
132	telecommunications company, including long-distance service. A
133	subscriber who receives Lifeline service shall be required to
134	pay all applicable basic local exchange service fees, including
135	the subscriber line charge, E-911, telephone relay system
136	charges, and applicable state and federal taxes.
137	(e)  An eligible telecommunications carrier may not refuse
138	to connect, reconnect, or provide Lifeline service because of
139	unpaid toll charges or nonbasic charges other than basic local
140	exchange service.
141	(f)  An eligible telecommunications carrier may require
142	that payment arrangements be made for outstanding debt
143	associated with basic local exchange service, subscriber line
144	charges, E-911, telephone relay system charges, and applicable
145	state and federal taxes.
146	(g)  An eligible telecommunications carrier may block a
147	Lifeline service subscriber's access to all long-distance
148	service, except for toll-free numbers and the ability to accept
149	collect calls, when the subscriber owes an outstanding amount
150	for long-distance service or amounts resulting from collect
151	calls. However, the eligible telecommunications carrier may not
152	impose a charge for blocking long-distance service. The eligible
153	telecommunications carrier shall remove the block at the request
154	of the subscriber without additional cost to the subscriber upon
155	payment of the outstanding amount. An eligible
156	telecommunications carrier may charge a service deposit before
157	removing the block.
158	(h)(d)  By December 31, 2003, each state agency that
159	provides benefits to persons eligible for Lifeline service shall
160	undertake, in cooperation with the Department of Children and
161	Family Services, the Department of Education, the commission,
162	the Office of Public Counsel, and telecommunications companies
163	providing Lifeline services, the development of procedures to
164	promote Lifeline participation.
165	(i)(e)  The commission shall report to the Governor, the
166	President of the Senate, and the Speaker of the House of
167	Representatives by December 31 each year on the number of
168	customers who are subscribing to Lifeline service and the
169	effectiveness of any procedures to promote participation.
170	(j)  The commission shall adopt rules pursuant to ss.
171	120.536(1) and 120.54 to administer this section.
172	Section 2.  By January 15, 2006, and in furtherance of its
173	Lifeline education and promotional efforts, each
174	telecommunications company that has had a petition granted under
175	s. 364.164, Florida Statutes, by July 1, 2005, shall file with
176	the Public Service Commission a report on Lifeline participation
177	in the state. The report shall be produced by the Public Utility
178	Research Center at the University of Florida and shall be
179	conducted under the auspices of the Public Service Commission
180	and the Office of the Public Counsel. The report must, at a
181	minimum, identify the total number of eligible customers,
182	without duplication occasioned by the applicability of multiple
183	eligibility criteria established, as of March 31, 2005, by law,
184	commission order, or approved company agreement. The report may
185	also report on subscribership differences among socio-economic
186	segments within the population of Lifeline-eligible Floridians
187	to the extent that any identifiable segment's inclination to
188	subscribe to Lifeline services of a local exchange
189	telecommunications company differs. Such report may be filed
190	with the commission jointly or individually by companies covered
191	by this section. By March 1, 2006, the commission shall file the
192	report with the President of the Senate and the Speaker of the
193	House of Representatives, along with supplemental information or
194	commission comment, if any, deemed relevant by the commission.
195	Section 3.  This act shall take effect July 1, 2005.

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