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, and

19

affordable rates to customers, including those in rural,

20

economically disadvantaged, and high-cost areas. It is the intent

21

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 used

26

to satisfy these objectives. Until January 1, 2012 2009, each

27

local exchange telecommunications company shall be required to

28

furnish basic local exchange telecommunications service within a

29

reasonable time period to any person requesting such service

30

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 January 1,

35

2012 2009, the interim mechanism for maintaining universal

36

service objectives and funding carrier-of-last-resort obligations

37

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 carrier-

46

of-last-resort obligations, and the maintenance of universal

47

service objectives. The commission shall ensure that the interim

48

mechanism does not impede the development of residential consumer

49

choice or create an unreasonable barrier to competition. In

50

reaching its determination, the commission shall not inquire into

51

or consider any factor that is inconsistent with s.

52

364.051(1)(c). The costs and expenses of any government program

53

or project required in part II of this chapter shall not be

54

recovered under this section.

55

     (3) If any party, prior to January 1, 2012 2009, believes

56

that circumstances have changed substantially to warrant a change

57

in the interim mechanism, that party may petition the commission

58

for a change, but the commission shall grant such petition only

59

after an opportunity for a hearing and a compelling showing of

60

changed circumstances, including that the provider's customer

61

population includes as many residential as business customers.

62

The commission shall act on any such petition within 120 days.

63

     (4)(a) Prior to January 1, 2012 2009, the Legislature shall

64

establish a permanent universal service mechanism upon the

65

effective date of which any interim recovery mechanism for

66

universal service objectives or carrier-of-last-resort

67

obligations imposed on competitive local exchange

68

telecommunications companies shall terminate.

69

     Section 2.  This act shall take effect July 1, 2008.