Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1544
Barcode 322512
CHAMBER ACTION
Senate House
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11 The Committee on Communications and Public Utilities
12 (Constantine) recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Subsection (6) is added to section 364.025,
19 Florida Statutes, to read:
20 364.025 Universal service.--
21 (6)(a) For purposes of this subsection:
22 1. "Owner or developer" means the owner or developer
23 of a multitenant business or residential property, any
24 condominium association or homeowners' association thereof, or
25 any other person or entity having ownership in or control over
26 the property.
27 2. "Communications service provider" means any person
28 or entity providing communications services, any person or
29 entity allowing another person or entity to use its
30 communications facilities to provide communications services,
31 or any person or entity securing rights to select
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1544
Barcode 322512
1 communications service providers for a property owner or
2 developer.
3 3. "Communications service" means voice service or
4 voice replacement service through the use of any technology.
5 (b) A local exchange telecommunications company
6 obligated by this section to serve as the carrier of last
7 resort is not obligated to provide basic local
8 telecommunications service to any customers in a multitenant
9 business or residential property, including, but not limited
10 to, apartments, condominiums, subdivisions, office buildings,
11 or office parks, when the owner or developer thereof:
12 1. Permits only one communications service provider to
13 install its communications service-related facilities or
14 equipment, to the exclusion of the local exchange
15 telecommunications company, during the construction phase of
16 the property;
17 2. Accepts or agrees to accept incentives or rewards
18 from a communications service provider that are contingent
19 upon the provision of any or all communications services by
20 one or more communications service providers to the exclusion
21 of the local exchange telecommunications company;
22 3. Collects from the occupants or residents of the
23 property charges for the provision of any communications
24 service, provided by a communications service provider other
25 than the local exchange telecommunications company, to the
26 occupants or residents in any manner, including, but not
27 limited to, collection through rent, fees, or dues; or
28 4. Enters into an agreement with the communications
29 service provider which grants incentives or rewards to such
30 owner or developer contingent upon restriction or limitation
31 of the local exchange telecommunications company's access to
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1544
Barcode 322512
1 the property.
2 (c) The local exchange telecommunications company
3 relieved of its carrier of last resort obligation to provide
4 basic local telecommunications service to the occupants or
5 residents of a multitenant business or residential property
6 pursuant to paragraph (b) shall notify the commission of that
7 fact in a timely manner.
8 (d) A local exchange telecommunications company that
9 is not automatically relieved of its carrier-of-last-resort
10 obligation pursuant to subparagraphs (b)1.-4. may seek a
11 waiver of its carrier of last resort obligation from the
12 commission for good cause shown based on the facts and
13 circumstances of provision of service to the multitenant
14 business or residential property. Upon petition for such
15 relief, notice shall be given by the company at the same time
16 to the relevant building owner or developer. The commission
17 shall have 90 days to act on the petition. The commission
18 shall implement this paragraph through rulemaking.
19 (e) If all conditions described in subparagraphs
20 (b)1.-4. cease to exist at a property, the owner or developer
21 requests in writing that the local exchange telecommunications
22 company make service available to customers at the property
23 and confirms in writing that all conditions described in
24 subparagraphs (b)1.-4. have ceased to exist at the property,
25 and the owner or developer has not arranged and does not
26 intend to arrange with another communications service provider
27 to make communications service available to customers at the
28 property, then the carrier of last resort obligation under
29 this section shall again apply to the local exchange
30 telecommunications company at the property; however, the local
31 exchange telecommunications company may require that the owner
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1544
Barcode 322512
1 or developer pay to the company in advance a reasonable fee to
2 recover costs that exceed the costs that would have been
3 incurred to construct or acquire facilities to serve customers
4 at the property initially, and the company shall have a
5 reasonable period of time following the request from the owner
6 or developer to make arrangements for service availability. If
7 any conditions described in subparagraphs (b)1.-4. again exist
8 at the property, then paragraph (b) shall again apply.
9 (f) Nothing in this subsection affects the limitations
10 on commission jurisdiction imposed by s. 364.011 or s.
11 364.013.
12 Section 2. This act shall take effect July 1, 2006.
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16 And the title is amended as follows:
17 Delete everything before the enacting clause
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19 and insert:
20 A bill to be entitled
21 An act relating to telecommunications carriers
22 of last resort; amending s. 364.025, F.S.;
23 providing definitions; providing that a local
24 exchange telecommunications company obligated
25 to serve as the carrier of last resort is not
26 obligated to provide basic local
27 telecommunications service to customers in a
28 multitenant business or residential property
29 under certain circumstances; requiring the
30 local exchange telecommunications company to
31 notify the Public Service Commission when it is
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1544
Barcode 322512
1 relieved of the obligation to provide service;
2 providing for the local exchange
3 telecommunications company to request a waiver
4 of its carrier of last resort obligation from
5 the commission; providing for carrier of last
6 resort obligation to apply when specified
7 conditions cease to exist; providing for effect
8 of the act on the commission's jurisdiction;
9 providing an effective date.
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