HB 1323

1
A bill to be entitled
2An act relating to telecommunications services; amending
3s. 364.025, F.S.; extending certain dates regarding
4universal service and the establishment of an interim and
5permanent mechanism for such service; providing an
6effective date.
7
8Be It Enacted by the Legislature of the State of Florida:
9
10     Section 1.  Subsections (1), (2), and (3) and paragraph (a)
11of subsection (4) of section 364.025, Florida Statutes, are
12amended to read:
13     364.025  Universal service.--
14     (1)  For the purposes of this section, the term "universal
15service" means an evolving level of access to telecommunications
16services that, taking into account advances in technologies,
17services, and market demand for essential services, the
18commission determines should be provided at just, reasonable,
19and affordable rates to customers, including those in rural,
20economically disadvantaged, and high-cost areas. It is the
21intent of the Legislature that universal service objectives be
22maintained after the local exchange market is opened to
23competitively provided services. It is also the intent of the
24Legislature that during this transition period the ubiquitous
25nature of the local exchange telecommunications companies be
26used to satisfy these objectives. Until July January 1, 2009,
27each local exchange telecommunications company shall be required
28to furnish basic local exchange telecommunications service
29within a reasonable time period to any person requesting such
30service within the company's service territory.
31     (2)  The Legislature finds that each telecommunications
32company should contribute its fair share to the support of the
33universal service objectives and carrier-of-last-resort
34obligations. For a transitional period not to exceed July
35January 1, 2009, the interim mechanism for maintaining universal
36service objectives and funding carrier-of-last-resort
37obligations shall be established by the commission, pending the
38implementation of a permanent mechanism. The interim mechanism
39shall be applied in a manner that ensures that each competitive
40local exchange telecommunications company contributes its fair
41share to the support of universal service and carrier-of-last-
42resort obligations. The interim mechanism applied to each
43competitive local exchange telecommunications company shall
44reflect a fair share of the local exchange telecommunications
45company's recovery of investments made in fulfilling its
46carrier-of-last-resort obligations, and the maintenance of
47universal service objectives. The commission shall ensure that
48the interim mechanism does not impede the development of
49residential consumer choice or create an unreasonable barrier to
50competition. In reaching its determination, the commission shall
51not inquire into or consider any factor that is inconsistent
52with s. 364.051(1)(c). The costs and expenses of any government
53program or project required in part II of this chapter shall not
54be recovered under this section.
55     (3)  If any party, prior to July January 1, 2009, believes
56that circumstances have changed substantially to warrant a
57change in the interim mechanism, that party may petition the
58commission for a change, but the commission shall grant such
59petition only after an opportunity for a hearing and a
60compelling showing of changed circumstances, including that the
61provider's customer population includes as many residential as
62business customers. The commission shall act on any such
63petition within 120 days.
64     (4)(a)  Prior to July January 1, 2009, the Legislature
65shall establish a permanent universal service mechanism upon the
66effective date of which any interim recovery mechanism for
67universal service objectives or carrier-of-last-resort
68obligations imposed on competitive local exchange
69telecommunications companies shall terminate.
70     Section 2.  This act shall take effect July 1, 2008.


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