HB 0817CS


1The Utilities & Telecommunications Committee recommends the
4     Council/Committee Substitute
5     Remove the entire bill and insert:
A bill to be entitled
7An act relating to telecommunications carriers of last
8resort; amending s. 364.025, F.S.; providing definitions;
9providing that a local exchange telecommunications company
10obligated to serve as the carrier of last resort is not
11obligated to provide basic local telecommunications
12service to customers in a multitenant business or
13residential property under certain circumstances;
14requiring the local exchange telecommunications company to
15notify the Public Service Commission when it is relieved
16of the obligation to provide service; providing for the
17local exchange telecommunications company to request a
18waiver of its carrier of last resort obligation from the
19commission; providing for carrier of last resort
20obligation to apply when specified conditions cease to
21exist; providing for effect of the act on the commission's
22jurisdiction; providing an effective date.
24Be It Enacted by the Legislature of the State of Florida:
26     Section 1.  Subsection (6) is added to section 364.025,
27Florida Statutes, to read:
28     364.025  Universal service.--
29     (6)(a)  For purposes of this subsection:
30     1.  "Owner or developer" means the owner or developer of a
31multitenant business or residential property, any condominium
32association or homeowners' association thereof, or any other
33person or entity having ownership in or control over the
35     2.  "Communications service provider" means any person or
36entity providing communications services, any person or entity
37allowing another person or entity to use its communications
38facilities to provide communications services, or any person or
39entity securing rights to select communications service
40providers for a property owner or developer.
41     3.  "Communications service" means voice service or voice
42replacement service through the use of any technology.
43     (b)  A local exchange telecommunications company obligated
44by this section to serve as the carrier of last resort is not
45obligated to provide basic local telecommunications service to
46any customers in a multitenant business or residential property,
47including, but not limited to, apartments, condominiums,
48subdivisions, office buildings, or office parks, when the owner
49or developer thereof:
50     1.  Permits only one communications service provider to
51install its communications service-related facilities or
52equipment, to the exclusion of the local exchange
53telecommunications company, during the construction phase of the
55     2.  Accepts or agrees to accept incentives or rewards from
56a communications service provider that are contingent upon the
57provision of any or all communications services by one or more
58communications service providers to the exclusion of the local
59exchange telecommunications company;
60     3.  Collects from the occupants or residents of the
61property charges for the provision of any communications
62service, provided by a communications service provider other
63than the local exchange telecommunications company, to the
64occupants or residents in any manner, including, but not limited
65to, collection through rent, fees, or dues; or
66     4.  Restricts or limits a local exchange telecommunications
67company's access to the property or enters into an agreement
68with a communications service provider that restricts or limits
69a local exchange telecommunications company's access to the
70property or that grants incentives or rewards to such owner or
71developer contingent upon such restriction or limitation.
72     (c)  The local exchange telecommunications company relieved
73of its carrier of last resort obligation to provide basic local
74telecommunications service to the occupants or residents of a
75multitenant business or residential property pursuant to
76paragraph (b) shall notify the commission of that fact in a
77timely manner.
78     (d)  A local exchange telecommunications company that is
79not automatically relieved of its carrier-of-last-resort
80obligation pursuant to subparagraphs (b)1.-4. may seek a waiver
81of its carrier of last resort obligation from the commission for
82good cause shown based on the facts and circumstances of
83provision of service to the multitenant business or residential
84property. Upon petition for such relief, notice shall be given
85by the company at the same time to the relevant building owner
86or developer. The commission shall have 90 days to act on the
87petition. The commission shall implement this paragraph through
89     (e)  If all conditions described in subparagraphs (b)1.-4.
90cease to exist at a property, the owner or developer requests in
91writing that the local exchange telecommunications company make
92service available to customers at the property and confirms in
93writing that all conditions described in subparagraphs (b)1.-4.
94have ceased to exist at the property, and the owner or developer
95has not arranged and does not intend to arrange with another
96communications service provider to make communications service
97available to customers at the property, then the carrier of last
98resort obligation under this section shall again apply to the
99local exchange telecommunications company at the property;
100however, the local exchange telecommunications company may
101require that the owner or developer pay to the company in
102advance a reasonable fee to recover costs that exceed the costs
103that would have been incurred to construct or acquire facilities
104to serve customers at the property initially, and the company
105shall have a reasonable period of time following the request
106from the owner or developer to make arrangements for service
107availability. If any conditions described in subparagraphs
108(b)1.-4. again exist at the property, then paragraph (b) shall
109again apply.
110     (f)  Nothing in this subsection affects the limitations on
111commission jurisdiction imposed by s. 364.011 or s. 364.013.
112     Section 2.  This act shall take effect July 1, 2006.

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