1 | A bill to be entitled |
2 | An act relating to telecommunications services; amending |
3 | s. 364.025, F.S.; extending certain dates regarding |
4 | universal service and the establishment of an interim and |
5 | permanent mechanism for such service; providing an |
6 | effective date. |
7 |
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8 | Be It Enacted by the Legislature of the State of Florida: |
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10 | Section 1. Subsections (1), (2), and (3) and paragraph (a) |
11 | of subsection (4) of section 364.025, Florida Statutes, are |
12 | amended to read: |
13 | 364.025 Universal service.-- |
14 | (1) For the purposes of this section, the term "universal |
15 | service" means an evolving level of access to telecommunications |
16 | services that, taking into account advances in technologies, |
17 | services, and market demand for essential services, the |
18 | commission determines should be provided at just, reasonable, |
19 | and affordable rates to customers, including those in rural, |
20 | economically disadvantaged, and high-cost areas. It is the |
21 | intent of the Legislature that universal service objectives be |
22 | maintained after the local exchange market is opened to |
23 | competitively provided services. It is also the intent of the |
24 | Legislature that during this transition period the ubiquitous |
25 | nature of the local exchange telecommunications companies be |
26 | used to satisfy these objectives. Until July January 1, 2009, |
27 | each local exchange telecommunications company shall be required |
28 | to furnish basic local exchange telecommunications service |
29 | within a reasonable time period to any person requesting such |
30 | service within the company's service territory. |
31 | (2) The Legislature finds that each telecommunications |
32 | company should contribute its fair share to the support of the |
33 | universal service objectives and carrier-of-last-resort |
34 | obligations. For a transitional period not to exceed July |
35 | January 1, 2009, the interim mechanism for maintaining universal |
36 | service objectives and funding carrier-of-last-resort |
37 | obligations shall be established by the commission, pending the |
38 | implementation of a permanent mechanism. The interim mechanism |
39 | shall be applied in a manner that ensures that each competitive |
40 | local exchange telecommunications company contributes its fair |
41 | share to the support of universal service and carrier-of-last- |
42 | resort obligations. The interim mechanism applied to each |
43 | competitive local exchange telecommunications company shall |
44 | reflect a fair share of the local exchange telecommunications |
45 | company's recovery of investments made in fulfilling its |
46 | carrier-of-last-resort obligations, and the maintenance of |
47 | universal service objectives. The commission shall ensure that |
48 | the interim mechanism does not impede the development of |
49 | residential consumer choice or create an unreasonable barrier to |
50 | competition. In reaching its determination, the commission shall |
51 | not inquire into or consider any factor that is inconsistent |
52 | with s. 364.051(1)(c). The costs and expenses of any government |
53 | program or project required in part II of this chapter shall not |
54 | be recovered under this section. |
55 | (3) If any party, prior to July January 1, 2009, believes |
56 | that circumstances have changed substantially to warrant a |
57 | change in the interim mechanism, that party may petition the |
58 | commission for a change, but the commission shall grant such |
59 | petition only after an opportunity for a hearing and a |
60 | compelling showing of changed circumstances, including that the |
61 | provider's customer population includes as many residential as |
62 | business customers. The commission shall act on any such |
63 | petition within 120 days. |
64 | (4)(a) Prior to July January 1, 2009, the Legislature |
65 | shall establish a permanent universal service mechanism upon the |
66 | effective date of which any interim recovery mechanism for |
67 | universal service objectives or carrier-of-last-resort |
68 | obligations imposed on competitive local exchange |
69 | telecommunications companies shall terminate. |
70 | Section 2. This act shall take effect July 1, 2008. |