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