HB 0817CS


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

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