| 1 | The Utilities & Telecommunications Committee recommends the |
| 2 | following: |
| 3 |
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| 4 | Council/Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to telecommunications carriers of last |
| 8 | resort; amending s. 364.025, F.S.; providing definitions; |
| 9 | providing that a local exchange telecommunications company |
| 10 | obligated to serve as the carrier of last resort is not |
| 11 | obligated to provide basic local telecommunications |
| 12 | service to customers in a multitenant business or |
| 13 | residential property under certain circumstances; |
| 14 | requiring the local exchange telecommunications company to |
| 15 | notify the Public Service Commission when it is relieved |
| 16 | of the obligation to provide service; providing for the |
| 17 | local exchange telecommunications company to request a |
| 18 | waiver of its carrier of last resort obligation from the |
| 19 | commission; providing for carrier of last resort |
| 20 | obligation to apply when specified conditions cease to |
| 21 | exist; providing for effect of the act on the commission's |
| 22 | jurisdiction; providing an effective date. |
| 23 |
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| 24 | Be It Enacted by the Legislature of the State of Florida: |
| 25 |
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| 26 | Section 1. Subsection (6) is added to section 364.025, |
| 27 | Florida 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 |
| 31 | multitenant business or residential property, any condominium |
| 32 | association or homeowners' association thereof, or any other |
| 33 | person or entity having ownership in or control over the |
| 34 | property. |
| 35 | 2. "Communications service provider" means any person or |
| 36 | entity providing communications services, any person or entity |
| 37 | allowing another person or entity to use its communications |
| 38 | facilities to provide communications services, or any person or |
| 39 | entity securing rights to select communications service |
| 40 | providers for a property owner or developer. |
| 41 | 3. "Communications service" means voice service or voice |
| 42 | replacement service through the use of any technology. |
| 43 | (b) A local exchange telecommunications company obligated |
| 44 | by this section to serve as the carrier of last resort is not |
| 45 | obligated to provide basic local telecommunications service to |
| 46 | any customers in a multitenant business or residential property, |
| 47 | including, but not limited to, apartments, condominiums, |
| 48 | subdivisions, office buildings, or office parks, when the owner |
| 49 | or developer thereof: |
| 50 | 1. Permits only one communications service provider to |
| 51 | install its communications service-related facilities or |
| 52 | equipment, to the exclusion of the local exchange |
| 53 | telecommunications company, during the construction phase of the |
| 54 | property; |
| 55 | 2. Accepts or agrees to accept incentives or rewards from |
| 56 | a communications service provider that are contingent upon the |
| 57 | provision of any or all communications services by one or more |
| 58 | communications service providers to the exclusion of the local |
| 59 | exchange telecommunications company; |
| 60 | 3. Collects from the occupants or residents of the |
| 61 | property charges for the provision of any communications |
| 62 | service, provided by a communications service provider other |
| 63 | than the local exchange telecommunications company, to the |
| 64 | occupants or residents in any manner, including, but not limited |
| 65 | to, collection through rent, fees, or dues; or |
| 66 | 4. Restricts or limits a local exchange telecommunications |
| 67 | company's access to the property or enters into an agreement |
| 68 | with a communications service provider that restricts or limits |
| 69 | a local exchange telecommunications company's access to the |
| 70 | property or that grants incentives or rewards to such owner or |
| 71 | developer contingent upon such restriction or limitation. |
| 72 | (c) The local exchange telecommunications company relieved |
| 73 | of its carrier of last resort obligation to provide basic local |
| 74 | telecommunications service to the occupants or residents of a |
| 75 | multitenant business or residential property pursuant to |
| 76 | paragraph (b) shall notify the commission of that fact in a |
| 77 | timely manner. |
| 78 | (d) A local exchange telecommunications company that is |
| 79 | not automatically relieved of its carrier-of-last-resort |
| 80 | obligation pursuant to subparagraphs (b)1.-4. may seek a waiver |
| 81 | of its carrier of last resort obligation from the commission for |
| 82 | good cause shown based on the facts and circumstances of |
| 83 | provision of service to the multitenant business or residential |
| 84 | property. Upon petition for such relief, notice shall be given |
| 85 | by the company at the same time to the relevant building owner |
| 86 | or developer. The commission shall have 90 days to act on the |
| 87 | petition. The commission shall implement this paragraph through |
| 88 | rulemaking. |
| 89 | (e) If all conditions described in subparagraphs (b)1.-4. |
| 90 | cease to exist at a property, the owner or developer requests in |
| 91 | writing that the local exchange telecommunications company make |
| 92 | service available to customers at the property and confirms in |
| 93 | writing that all conditions described in subparagraphs (b)1.-4. |
| 94 | have ceased to exist at the property, and the owner or developer |
| 95 | has not arranged and does not intend to arrange with another |
| 96 | communications service provider to make communications service |
| 97 | available to customers at the property, then the carrier of last |
| 98 | resort obligation under this section shall again apply to the |
| 99 | local exchange telecommunications company at the property; |
| 100 | however, the local exchange telecommunications company may |
| 101 | require that the owner or developer pay to the company in |
| 102 | advance a reasonable fee to recover costs that exceed the costs |
| 103 | that would have been incurred to construct or acquire facilities |
| 104 | to serve customers at the property initially, and the company |
| 105 | shall have a reasonable period of time following the request |
| 106 | from the owner or developer to make arrangements for service |
| 107 | availability. If any conditions described in subparagraphs |
| 108 | (b)1.-4. again exist at the property, then paragraph (b) shall |
| 109 | again apply. |
| 110 | (f) Nothing in this subsection affects the limitations on |
| 111 | commission jurisdiction imposed by s. 364.011 or s. 364.013. |
| 112 | Section 2. This act shall take effect July 1, 2006. |