Senate Bill sb1544e1

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    CS for SB 1544                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to communications; amending s.

  3         364.025, F.S.; providing definitions; providing

  4         that a local exchange telecommunications

  5         company obligated to serve as the carrier of

  6         last resort is not obligated to provide basic

  7         local telecommunications service to customers

  8         in a multitenant business or residential

  9         property under certain circumstances; requiring

10         the local exchange telecommunications company

11         to notify the Public Service Commission when it

12         is relieved of the obligation to provide

13         service; providing for the local exchange

14         telecommunications company to request a waiver

15         of its carrier of last resort obligation from

16         the commission; providing for carrier of last

17         resort obligation to apply when specified

18         conditions cease to exist; providing for effect

19         of the act on the commission's jurisdiction;

20         amending s. 350.0611, F.S.; providing

21         additional authority to the Public Counsel,

22         including the authority to provide legal

23         representation to, and to appear on behalf of,

24         the state and its political subdivisions as

25         consumers of communications services and

26         utility services, to receive, investigate, and

27         take legal action upon complaints involving

28         communications services not within the

29         jurisdiction of the Public Service Commission,

30         to appear before state and federal agencies to

31         enhance terms and conditions of utility and


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    CS for SB 1544                                 First Engrossed



 1         communications services, and to analyze and

 2         report on pending legislation relevant to

 3         utility and communications services; providing

 4         appropriations; providing an effective date.

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 6  Be It Enacted by the Legislature of the State of Florida:

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 8         Section 1.  Subsection (6) is added to section 364.025,

 9  Florida Statutes, to read:

10         364.025  Universal service.--

11         (6)(a)  For purposes of this subsection:

12         1.  "Owner or developer" means the owner or developer

13  of a multitenant business or residential property, any

14  condominium association or homeowners' association thereof, or

15  any other person or entity having ownership in or control over

16  the property.

17         2.  "Communications service provider" means any person

18  or entity providing communications services, any person or

19  entity allowing another person or entity to use its

20  communications facilities to provide communications services,

21  or any person or entity securing rights to select

22  communications service providers for a property owner or

23  developer.

24         3.  "Communications service" means voice service or

25  voice replacement service through the use of any technology.

26         (b)  A local exchange telecommunications company

27  obligated by this section to serve as the carrier of last

28  resort is not obligated to provide basic local

29  telecommunications service to any customers in a multitenant

30  business or residential property, including, but not limited

31  


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    CS for SB 1544                                 First Engrossed



 1  to, apartments, condominiums, subdivisions, office buildings,

 2  or office parks, when the owner or developer thereof:

 3         1.  Permits only one communications service provider to

 4  install its communications service-related facilities or

 5  equipment, to the exclusion of the local exchange

 6  telecommunications company, during the construction phase of

 7  the property;

 8         2.  Accepts or agrees to accept incentives or rewards

 9  from a communications service provider that are contingent

10  upon the provision of any or all communications services by

11  one or more communications service providers to the exclusion

12  of the local exchange telecommunications company;

13         3.  Collects from the occupants or residents of the

14  property charges for the provision of any communications

15  service, provided by a communications service provider other

16  than the local exchange telecommunications company, to the

17  occupants or residents in any manner, including, but not

18  limited to, collection through rent, fees, or dues; or

19         4.  Enters into an agreement with the communications

20  service provider which grants incentives or rewards to such

21  owner or developer contingent upon restriction or limitation

22  of the local exchange telecommunications company's access to

23  the property.

24         (c)  The local exchange telecommunications company

25  relieved of its carrier of last resort obligation to provide

26  basic local telecommunications service to the occupants or

27  residents of a multitenant business or residential property

28  pursuant to paragraph (b) shall notify the commission of that

29  fact in a timely manner.

30         (d)  A local exchange telecommunications company that

31  is not automatically relieved of its carrier-of-last-resort


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    CS for SB 1544                                 First Engrossed



 1  obligation pursuant to subparagraphs (b)1.-4. may seek a

 2  waiver of its carrier of last resort obligation from the

 3  commission for good cause shown based on the facts and

 4  circumstances of provision of service to the multitenant

 5  business or residential property. Upon petition for such

 6  relief, notice shall be given by the company at the same time

 7  to the relevant building owner or developer. The commission

 8  shall have 90 days to act on the petition. The commission

 9  shall implement this paragraph through rulemaking.

10         (e)  If all conditions described in subparagraphs

11  (b)1.-4. cease to exist at a property, the owner or developer

12  requests in writing that the local exchange telecommunications

13  company make service available to customers at the property

14  and confirms in writing that all conditions described in

15  subparagraphs (b)1.-4. have ceased to exist at the property,

16  and the owner or developer has not arranged and does not

17  intend to arrange with another communications service provider

18  to make communications service available to customers at the

19  property, then the carrier of last resort obligation under

20  this section shall again apply to the local exchange

21  telecommunications company at the property; however, the local

22  exchange telecommunications company may require that the owner

23  or developer pay to the company in advance a reasonable fee to

24  recover costs that exceed the costs that would have been

25  incurred to construct or acquire facilities to serve customers

26  at the property initially, and the company shall have a

27  reasonable period of time following the request from the owner

28  or developer to make arrangements for service availability. If

29  any conditions described in subparagraphs (b)1.-4. again exist

30  at the property, then paragraph (b) shall again apply.

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    CS for SB 1544                                 First Engrossed



 1         (f)  Nothing in this subsection affects the limitations

 2  on commission jurisdiction imposed by s. 364.011 or s.

 3  364.013.

 4         Section 2.  Section 350.0611, Florida Statutes, is

 5  amended to read:

 6         350.0611  Public Counsel; duties and powers.--It shall

 7  be the duty of the Public Counsel to provide legal

 8  representation for the people of the state in proceedings

 9  before the commission and in proceedings before counties

10  pursuant to s. 367.171(8) and to provide legal representation

11  to the State of Florida and its political subdivisions in

12  their capacity as consumers of communications services and

13  utility services. The Public Counsel shall have such powers as

14  are necessary to carry out the duties of his or her office,

15  including, but not limited to, the following specific powers:

16         (1)  To recommend to the commission or the counties, by

17  petition, the commencement of any proceeding or action or to

18  appear, in the name of the state or its citizens, in any

19  proceeding or action before the commission or the counties and

20  urge therein any position which he or she deems to be in the

21  public interest, whether consistent or inconsistent with

22  positions previously adopted by the commission or the

23  counties, and utilize therein all forms of discovery available

24  to attorneys in civil actions generally, subject to protective

25  orders of the commission or the counties which shall be

26  reviewable by summary procedure in the circuit courts of this

27  state.;

28         (2)  To have access to and use of all files, records,

29  and data of the commission or the counties available to any

30  other attorney representing parties in a proceeding before the

31  commission or the counties.;


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    CS for SB 1544                                 First Engrossed



 1         (3)  In any proceeding in which he or she has

 2  participated as a party, to seek review of any determination,

 3  finding, or order of the commission or the counties, or of any

 4  hearing examiner designated by the commission or the counties,

 5  in the name of the state or its citizens.;

 6         (4)  To prepare and issue reports, recommendations, and

 7  proposed orders to the commission, the Governor, and the

 8  Legislature on any matter or subject within the jurisdiction

 9  of the commission, and to make such recommendations as he or

10  she deems appropriate for legislation relative to commission

11  procedures, rules, jurisdiction, personnel, and functions.;

12  and

13         (5)  To appear before other state agencies, federal

14  agencies, and state and federal courts in connection with

15  matters under the jurisdiction of the commission, in the name

16  of the state or its citizens, and on behalf of the State of

17  Florida and its political subdivisions in their capacity as

18  consumers of communications services and utility services.

19         (6)  To receive and investigate complaints that involve

20  communications services, as that term is defined in s.

21  202.11(2), and that are not within the jurisdiction of the

22  Public Service Commission. If the Public Counsel believes the

23  practice forming the basis of a complaint constitutes an

24  unfair or deceptive trade practice or other unlawful practice

25  as defined in s. 501.204, either standing on its own or when

26  considered with other similar, actual practices or potentially

27  systemic practices, the Public Counsel may appear in the name

28  of the residents of the State of Florida to petition the

29  Circuit Court of Leon County, or any other circuit court of

30  the state in which the practice was identified, to enjoin the

31  practice as an unfair and deceptive trade practice, and to


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    CS for SB 1544                                 First Engrossed



 1  petition for a judgment for actual damages for aggrieved

 2  consumers, for civil penalties of not more than $10,000 for

 3  each willful unfair and deceptive trade practice or not more

 4  than $15,000 for each willful unfair and deceptive trade

 5  practice that meets the criteria of s. 501.2077, and to

 6  recover attorney's fees and costs of investigation and court

 7  costs. Any moneys collected under this subsection, other than

 8  moneys recovered for consumer damages, shall be deposited as

 9  received into the General Revenue Fund unallocated.

10         (7)  To appear before state and federal agencies,

11  including, but not limited to, the Florida Public Service

12  Commission, the Department of Environmental Protection, the

13  Department of Community Affairs, the Federal Energy Regulatory

14  Commission, the Federal Communications Commission, and the

15  Federal Trade Commission, in the name of the state or its

16  residents, and on behalf of the State of Florida and its

17  political subdivisions in their capacity as consumers of

18  communications services and utility services, for any purpose

19  that in the discretion of the Public Counsel would enhance

20  terms and conditions of utility and communications services

21  afforded to the residents of the State of Florida or to the

22  state or its political subdivisions as consumers or would lead

23  to more affordable rates charged by utility and communications

24  providers. The Public Counsel may also challenge any fee, tax,

25  or other assessment levied by any state or federal authority

26  which the Public Counsel believes will have a substantial

27  detrimental effect on the utility or communications services

28  provided or on the price charged to Florida residents or to

29  the State of Florida as a consumer.

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    CS for SB 1544                                 First Engrossed



 1         Section 3.  The sum of $800,000 of recurring funds from

 2  the General Revenue Fund is appropriated to the Office of

 3  Public Counsel for the 2006-2007 fiscal year.

 4         Section 4.  This act shall take effect July 1, 2006.

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