| 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 |
|
| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
|
| 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. |