| 1 | A bill to be entitled |
| 2 | An act relating to telecommunications carriers of last |
| 3 | resort; amending s. 364.025, F.S.; providing definitions; |
| 4 | providing that a telecommunications company obligated to |
| 5 | serve as the carrier of last resort is not obligated to |
| 6 | provide basic local telecommunications service to |
| 7 | customers in a multitenant business or residential |
| 8 | property under certain circumstances; requiring the |
| 9 | telecommunications carrier to notify the commission when |
| 10 | it is relieved of the obligation to provide service; |
| 11 | providing an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Subsection (6) is added to section 364.025, |
| 16 | Florida 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 |
| 20 | multitenant business or residential property, any condominium |
| 21 | association or homeowners' association thereof, or any other |
| 22 | person or entity having ownership in or control over the |
| 23 | property. |
| 24 | 2. "Communications service provider" means any person or |
| 25 | entity providing communications services, any person or entity |
| 26 | allowing another person or entity to use its communications |
| 27 | facilities to provide communications services, or any person or |
| 28 | entity securing rights to select communications service |
| 29 | providers for a property owner or developer. |
| 30 | 3. "Communications service" means those services or |
| 31 | combinations of services provided to customers in a multitenant |
| 32 | business or residential property, including, but not limited to, |
| 33 | voice telecommunications service or voice replacement service, |
| 34 | VoIP, broadband service, data service, information service, and |
| 35 | cable service. |
| 36 | (b) A telecommunications company that is designated as an |
| 37 | eligible telecommunications carrier by the commission pursuant |
| 38 | to 47 C.F.R. s. 54.201 and is otherwise obligated by this |
| 39 | section to serve as the carrier of last resort is not obligated |
| 40 | to provide basic local telecommunications service to any |
| 41 | customers in a multitenant business or residential property, |
| 42 | including, but not limited to, apartments, condominiums, |
| 43 | subdivisions, office buildings, or office parks, when the owner |
| 44 | or developer thereof: |
| 45 | 1. Permits only one communications service provider to |
| 46 | install its communications service-related facilities or |
| 47 | equipment, to the exclusion of an eligible telecommunications |
| 48 | carrier, during the construction phase of the property; |
| 49 | 2. Accepts or agrees to accept incentives or rewards from |
| 50 | a communications service provider that are contingent upon the |
| 51 | provision of any or all communications services by one or more |
| 52 | communications service providers to the exclusion of the |
| 53 | eligible telecommunications carrier; |
| 54 | 3. Collects from the occupants or residents of the |
| 55 | property charges for the provision of any communications |
| 56 | service, provided by a communications service provider other |
| 57 | than the eligible telecommunications carrier, to the occupants |
| 58 | or residents in any manner, including, but not limited to, |
| 59 | collection through rent, fees, or dues; |
| 60 | 4. Restricts or limits an eligible telecommunications |
| 61 | carrier's access to the property or enters into an agreement |
| 62 | with a communications service provider that restricts or limits |
| 63 | an eligible telecommunications carrier's access to the property |
| 64 | or that grants incentives or rewards to such owner or developer |
| 65 | contingent upon such restriction or limitation; or |
| 66 | 5. Restricts or limits the types of services that may be |
| 67 | provided by an eligible telecommunications carrier or enters |
| 68 | into an agreement with a communications service provider which |
| 69 | restricts or limits the types of services that may be provided |
| 70 | by an eligible telecommunications carrier. |
| 71 | (c) If an eligible telecommunications carrier is relieved |
| 72 | of its carrier of last resort obligation to provide basic local |
| 73 | telecommunications service to the occupants or residents of a |
| 74 | multitenant business or residential property pursuant to |
| 75 | paragraph (a), the eligible telecommunications carrier shall |
| 76 | notify the commission of that fact in a timely manner. |
| 77 | (d) Nothing in this subsection affects the limitations on |
| 78 | commission jurisdiction imposed by s. 364.011 or s. 364.013. |
| 79 | Section 2. This act shall take effect July 1, 2006. |