HB 817

A bill to be entitled
2An act relating to telecommunications carriers of last
3resort; amending s. 364.025, F.S.; providing definitions;
4providing that a telecommunications company obligated to
5serve as the carrier of last resort is not obligated to
6provide basic local telecommunications service to
7customers in a multitenant business or residential
8property under certain circumstances; requiring the
9telecommunications carrier to notify the commission when
10it is relieved of the obligation to provide service;
11providing an effective date.
13Be It Enacted by the Legislature of the State of Florida:
15     Section 1.  Subsection (6) is added to section 364.025,
16Florida Statutes, to read:
17     364.025  Universal service.--
18     (6)(a)  For purposes of this subsection:
19     1.  "Owner or developer" means the owner or developer of a
20multitenant business or residential property, any condominium
21association or homeowners' association thereof, or any other
22person or entity having ownership in or control over the
24     2.  "Communications service provider" means any person or
25entity providing communications services, any person or entity
26allowing another person or entity to use its communications
27facilities to provide communications services, or any person or
28entity securing rights to select communications service
29providers for a property owner or developer.
30     3.  "Communications service" means those services or
31combinations of services provided to customers in a multitenant
32business or residential property, including, but not limited to,
33voice telecommunications service or voice replacement service,
34VoIP, broadband service, data service, information service, and
35cable service.
36     (b)  A telecommunications company that is designated as an
37eligible telecommunications carrier by the commission pursuant
38to 47 C.F.R. s. 54.201 and is otherwise obligated by this
39section to serve as the carrier of last resort is not obligated
40to provide basic local telecommunications service to any
41customers in a multitenant business or residential property,
42including, but not limited to, apartments, condominiums,
43subdivisions, office buildings, or office parks, when the owner
44or developer thereof:
45     1.  Permits only one communications service provider to
46install its communications service-related facilities or
47equipment, to the exclusion of an eligible telecommunications
48carrier, during the construction phase of the property;
49     2.  Accepts or agrees to accept incentives or rewards from
50a communications service provider that are contingent upon the
51provision of any or all communications services by one or more
52communications service providers to the exclusion of the
53eligible telecommunications carrier;
54     3.  Collects from the occupants or residents of the
55property charges for the provision of any communications
56service, provided by a communications service provider other
57than the eligible telecommunications carrier, to the occupants
58or residents in any manner, including, but not limited to,
59collection through rent, fees, or dues;
60     4.  Restricts or limits an eligible telecommunications
61carrier's access to the property or enters into an agreement
62with a communications service provider that restricts or limits
63an eligible telecommunications carrier's access to the property
64or that grants incentives or rewards to such owner or developer
65contingent upon such restriction or limitation; or
66     5.  Restricts or limits the types of services that may be
67provided by an eligible telecommunications carrier or enters
68into an agreement with a communications service provider which
69restricts or limits the types of services that may be provided
70by an eligible telecommunications carrier.
71     (c)  If an eligible telecommunications carrier is relieved
72of its carrier of last resort obligation to provide basic local
73telecommunications service to the occupants or residents of a
74multitenant business or residential property pursuant to
75paragraph (a), the eligible telecommunications carrier shall
76notify the commission of that fact in a timely manner.
77     (d)  Nothing in this subsection affects the limitations on
78commission jurisdiction imposed by s. 364.011 or s. 364.013.
79     Section 2.  This act shall take effect July 1, 2006.

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