| 1 | A bill to be entitled |
| 2 | An act relating to telecommunications companies; creating |
| 3 | the "Consumer Choice and Protection Act"; amending s. |
| 4 | 364.013, F.S.; excepting broadband service and the |
| 5 | provision of voice-over-Internet protocol from the |
| 6 | jurisdiction of the Public Service Commission except for |
| 7 | specified provisions; providing that a competitive local |
| 8 | exchange telecommunications company is entitled to |
| 9 | interconnection with a local exchange telecommunications |
| 10 | company regardless of technology; directing the commission |
| 11 | to afford such company substantive and procedural rights; |
| 12 | amending s. 364.02, F.S.; redefining the terms "basic |
| 13 | local telecommunications service," "nonbasic service," and |
| 14 | "telecommunications company"; amending s. 364.04, F.S.; |
| 15 | requiring each telecommunications company to publish |
| 16 | through electronic or physical media the company's |
| 17 | schedules showing its rates, tolls, rentals, contracts, |
| 18 | and charges; authorizing a telecommunications company to |
| 19 | file the published schedules with the commission or to |
| 20 | publish the schedules through reasonably publicly |
| 21 | accessible means; requiring a company that does not file |
| 22 | its schedules with the commission to inform its customers |
| 23 | where the schedules are available; deleting requirements |
| 24 | for printed schedules and notices; amending s. 364.051, |
| 25 | F.S.; revising price regulation provisions; removing a |
| 26 | limitation on eligibility to request an increase in basic |
| 27 | rates due to storm damage; revising provisions relating to |
| 28 | rate increases for nonbasic services; providing that |
| 29 | specified provisions do not prevent a local exchange |
| 30 | telecommunications company from meeting offerings by |
| 31 | certain competitive providers; revising the purpose of |
| 32 | certain regulatory oversight; revising provisions for |
| 33 | direct costs to be covered by the price charged; amending |
| 34 | s. 364.08, F.S.; prohibiting a telecommunications company |
| 35 | from charging or receiving compensation for any service |
| 36 | other than for the charge applicable to the service as |
| 37 | specified in its schedule on file or otherwise published; |
| 38 | revising a prohibition against extending an advantage to |
| 39 | any person; providing an exception for employee |
| 40 | concessions; repealing s. 364.09, F.S., relating to the |
| 41 | illegal giving of rebates or special rates by a |
| 42 | telecommunications company; amending s. 364.10, F.S.; |
| 43 | revising conditions that require a telecommunications |
| 44 | carrier to provide Lifeline services to eligible |
| 45 | customers; removing a provision for certain rate |
| 46 | increases; amending s. 364.15, F.S.; directing the |
| 47 | commission to order only repairs and improvements to |
| 48 | telecommunications facilities for certain services; |
| 49 | specifying that the commission may impose only those |
| 50 | requirements which are authorized under law; amending s. |
| 51 | 364.33, F.S.; providing that a certificate of necessity or |
| 52 | control thereof may be transferred from a person holding a |
| 53 | certificate to another or to the parent or affiliate of a |
| 54 | certificated person, and a person holding a certificate or |
| 55 | the parent or affiliate of a certificated person may |
| 56 | acquire ownership or control of a telecommunications |
| 57 | facility without prior approval of the commission; |
| 58 | requiring the person to give certain notice to the |
| 59 | commission and affected customers; amending ss. 364.335 |
| 60 | and 364.345, F.S.; conforming provisions to changes made |
| 61 | in the act; amending s. 364.3376, F.S.; requiring |
| 62 | providers of telephone operator services to comply with |
| 63 | certain enumerated criteria; requiring such provider to |
| 64 | bill for services at the rates set in its published |
| 65 | schedules; amending s. 364.3382, F.S.; requiring each |
| 66 | local exchange telecommunications company to advise each |
| 67 | residential customer of the least-cost service available |
| 68 | to that customer when the residential customer initially |
| 69 | requests basic local telecommunications service; amending |
| 70 | s. 364.603, F.S.; providing procedures for resolving |
| 71 | complaints regarding preferred carrier freezes on local |
| 72 | exchange service; amending ss. 364.059 and 364.105, F.S.; |
| 73 | conforming cross-references; providing an effective date. |
| 74 |
|
| 75 | Be It Enacted by the Legislature of the State of Florida: |
| 76 |
|
| 77 | Section 1. This act may be cited as the "Consumer Choice |
| 78 | and Protection Act." |
| 79 | Section 2. Section 364.013, Florida Statutes, is amended |
| 80 | to read: |
| 81 | 364.013 Emerging and advanced services.--Broadband service |
| 82 | and the provision of voice-over-Internet-protocol (VoIP) are |
| 83 | exempt from commission jurisdiction and shall be free of state |
| 84 | regulation, except as delineated in this chapter or as |
| 85 | specifically authorized by federal law, regardless of the |
| 86 | provider, platform, or protocol. Notwithstanding the exemptions |
| 87 | in this chapter, a competitive local exchange telecommunications |
| 88 | company is entitled to interconnection with a local exchange |
| 89 | telecommunications company to transmit and route voice traffic |
| 90 | between both the competitive local exchange telecommunications |
| 91 | company and the local exchange telecommunications company |
| 92 | regardless of the technology by which the voice traffic is |
| 93 | originated by and terminated to an end user. The commission |
| 94 | shall afford such competitive local exchange telecommunications |
| 95 | company all substantive and procedural rights available to such |
| 96 | companies regarding interconnection under the law. |
| 97 | Section 3. Subsections (1), (10), and (14) of section |
| 98 | 364.02, Florida Statutes, are amended to read: |
| 99 | 364.02 Definitions.--As used in this chapter: |
| 100 | (1) "Basic local telecommunications service" means voice- |
| 101 | grade, single-line, flat-rate residential, and flat-rate single- |
| 102 | line business local exchange service that provides services |
| 103 | which provide dial tone, local usage necessary to place |
| 104 | unlimited calls within a local exchange area, dual tone |
| 105 | multifrequency dialing, and access to the following: emergency |
| 106 | services such as "911," all locally available interexchange |
| 107 | companies, directory assistance, operator services, relay |
| 108 | services, and an alphabetical directory listing. For a local |
| 109 | exchange telecommunications company, the term includes shall |
| 110 | include any extended area service routes, and extended calling |
| 111 | service in existence or ordered by the commission on or before |
| 112 | July 1, 1995. |
| 113 | (10) "Nonbasic service" means any telecommunications |
| 114 | service provided by a local exchange telecommunications company |
| 115 | other than a basic local telecommunications service, a local |
| 116 | interconnection arrangement described in s. 364.16, or a network |
| 117 | access service described in s. 364.163. Basic service, when |
| 118 | combined with a nonbasic service or an unregulated service |
| 119 | provided by the local exchange telecommunications company or any |
| 120 | of its affiliates or provided in conjunction with nonbasic or |
| 121 | unregulated services, is nonbasic service. |
| 122 | (14) "Telecommunications company" includes every |
| 123 | corporation, partnership, and person and their lessees, |
| 124 | trustees, or receivers appointed by any court whatsoever, and |
| 125 | every political subdivision in the state, offering two-way |
| 126 | telecommunications service to the public for hire within this |
| 127 | state by the use of a telecommunications facility. The term |
| 128 | "telecommunications company" does not include: |
| 129 | (a) An entity that which provides a telecommunications |
| 130 | facility exclusively to a certificated telecommunications |
| 131 | company; |
| 132 | (b) An entity that which provides a telecommunications |
| 133 | facility exclusively to a company which is excluded from the |
| 134 | definition of a telecommunications company under this |
| 135 | subsection; |
| 136 | (c) A commercial mobile radio service provider; |
| 137 | (d) A facsimile transmission service; |
| 138 | (e) A private computer data network company not offering |
| 139 | service to the public for hire; |
| 140 | (f) A cable television company providing cable service as |
| 141 | defined in 47 U.S.C. s. 522; or |
| 142 | (g) An intrastate interexchange telecommunications |
| 143 | company. |
| 144 |
|
| 145 | However, each commercial mobile radio service provider and each |
| 146 | intrastate interexchange telecommunications company shall |
| 147 | continue to be liable for any taxes imposed under chapters 202, |
| 148 | 203, and 212 and any fees assessed under s. 364.025. Each |
| 149 | intrastate interexchange telecommunications company shall |
| 150 | continue to be subject to ss. 364.04, 364.10(3)(a) and (c)(d), |
| 151 | 364.163, 364.285, 364.336, 364.501, 364.603, and 364.604, shall |
| 152 | provide the commission with the current information as the |
| 153 | commission deems necessary to contact and communicate with the |
| 154 | company, and shall continue to pay intrastate switched network |
| 155 | access rates or other intercarrier compensation to the local |
| 156 | exchange telecommunications company or the competitive local |
| 157 | exchange telecommunications company for the origination and |
| 158 | termination of interexchange telecommunications service, and |
| 159 | shall reduce its intrastate long distance toll rates in |
| 160 | accordance with former s. 364.163(2). |
| 161 | Section 4. Section 364.04, Florida Statutes, is amended to |
| 162 | read: |
| 163 | 364.04 Schedules of rates, tolls, rentals, contracts, and |
| 164 | charges; filing; public inspection.-- |
| 165 | (1) Upon order of the commission, Every telecommunications |
| 166 | company shall publish through electronic or physical media file |
| 167 | with the commission, and shall print and keep open to public |
| 168 | inspection, schedules showing the rates, tolls, rentals, |
| 169 | contracts, and charges of that company for service to be |
| 170 | performed within the state. A telecommunications company may, as |
| 171 | an option, file the published schedules with the commission or |
| 172 | publish its schedules through other reasonably publicly |
| 173 | accessible means, including on a website. A telecommunications |
| 174 | company that does not file its schedules with the commission |
| 175 | shall inform its customers where a customer may view the |
| 176 | telecommunications company's schedules. |
| 177 | (2) The schedules schedule, as printed and open to public |
| 178 | inspection, shall plainly state the places between which |
| 179 | telecommunications service will be rendered and shall also state |
| 180 | separately all charges and all privileges or facilities granted |
| 181 | or allowed and any rules or regulations or forms of contract |
| 182 | which may in anywise change, affect, or determine any of the |
| 183 | aggregate of the rates, tolls, rentals, or charges for the |
| 184 | service rendered. |
| 185 | (3) A schedule shall be plainly printed in large type, and |
| 186 | a copy thereof shall be kept by every telecommunications company |
| 187 | readily accessible to, and for convenient inspection by, the |
| 188 | public at such places as may be designated by the commission. |
| 189 | Any such schedule shall be immediately produced by the |
| 190 | telecommunications company upon the demand of any person. |
| 191 | (4) A notice printed in bold type and stating that such |
| 192 | schedules are on file and open to inspection by any person, the |
| 193 | places where the schedules are kept, and that the agent will |
| 194 | assist any person to determine from such schedules any rate, |
| 195 | toll, rental, rule, or regulation which is in force shall be |
| 196 | kept posted by every telecommunications company as the |
| 197 | commission designates. |
| 198 | Section 5. Paragraph (c) of subsection (1), paragraph (c) |
| 199 | of subsection (2), paragraph (b) of subsection (4), and |
| 200 | subsection (5) of section 364.051, Florida Statutes, are amended |
| 201 | to read: |
| 202 | 364.051 Price regulation.-- |
| 203 | (1) SCHEDULE.--Notwithstanding any other provisions of |
| 204 | this chapter, the following local exchange telecommunications |
| 205 | companies shall become subject to the price regulation described |
| 206 | in this section on the following dates: |
| 207 | (c) Each company subject to this section is shall be |
| 208 | exempt from rate base, rate of return regulation, and the |
| 209 | requirements of ss. 364.03, 364.035, 364.037, 364.05, 364.055, |
| 210 | 364.14, 364.17, and 364.18, and 364.19. |
| 211 | (2) BASIC LOCAL TELECOMMUNICATIONS SERVICE.--Price |
| 212 | regulation of basic local telecommunications service shall |
| 213 | consist of the following: |
| 214 | (c) There shall be a flat-rate pricing option for basic |
| 215 | local telecommunications service services, and mandatory |
| 216 | measured service for basic local telecommunications service |
| 217 | services shall not be imposed. |
| 218 | (4) |
| 219 | (b) For purposes of this section, evidence of damage |
| 220 | occurring to the lines, plants, or facilities of a local |
| 221 | exchange telecommunications company that is subject to the |
| 222 | carrier-of-last-resort obligations, which damage is the result |
| 223 | of a tropical system occurring after June 1, 2005, and named by |
| 224 | the National Hurricane Center, constitutes a compelling showing |
| 225 | of changed circumstances. |
| 226 | 1. A company may file a petition to recover its intrastate |
| 227 | costs and expenses relating to repairing, restoring, or |
| 228 | replacing the lines, plants, or facilities damaged by a named |
| 229 | tropical system. |
| 230 | 2. The commission shall verify the intrastate costs and |
| 231 | expenses submitted by the company in support of its petition. |
| 232 | 3. The company must show and the commission shall |
| 233 | determine whether the intrastate costs and expenses are |
| 234 | reasonable under the circumstances for the named tropical |
| 235 | system. |
| 236 | 4. A company having a storm-reserve fund may recover |
| 237 | tropical-system-related costs and expenses from its customers |
| 238 | only in excess of any amount available in the storm-reserve |
| 239 | fund. |
| 240 | 5. The commission may determine the amount of any increase |
| 241 | that the company may charge its customers, but the charge per |
| 242 | line item may not exceed 50 cents per month per customer line |
| 243 | for a period of not more than 12 months. |
| 244 | 6. The commission may order the company to add an equal |
| 245 | line-item charge per access line to the billing statement of the |
| 246 | company's retail basic local telecommunications service |
| 247 | customers, its retail nonbasic telecommunications service |
| 248 | customers, and, to the extent the commission determines |
| 249 | appropriate, its wholesale loop unbundled network element |
| 250 | customers. At the end of the collection period, the commission |
| 251 | shall verify that the collected amount does not exceed the |
| 252 | amount authorized by the order. If collections exceed the |
| 253 | ordered amount, the commission shall order the company to refund |
| 254 | the excess. |
| 255 | 7. In order to qualify for filing a petition under this |
| 256 | paragraph, a company with 1 million or more access lines, but |
| 257 | fewer than 3 million access lines, must have tropical-system- |
| 258 | related costs and expenses exceeding $1.5 million, and a company |
| 259 | with 3 million or more access lines must have tropical-system- |
| 260 | related costs and expenses of $5 million or more. A company with |
| 261 | fewer than 1 million access lines is not required to meet a |
| 262 | minimum damage threshold in order to qualify to file a petition |
| 263 | under this paragraph. |
| 264 | 8. A company may file only one petition for storm recovery |
| 265 | in any 12-month period for the previous storm season, but the |
| 266 | application may cover damages from more than one named tropical |
| 267 | system. |
| 268 |
|
| 269 | This paragraph is not intended to adversely affect the |
| 270 | commission's consideration of any petition for an increase in |
| 271 | basic rates to recover costs related to storm damage which was |
| 272 | filed before the effective date of this act. |
| 273 | (5) NONBASIC SERVICES.--Price regulation of nonbasic |
| 274 | services shall consist of the following: |
| 275 | (a) Each company subject to this section shall, at its |
| 276 | option, maintain tariffs with the commission or otherwise |
| 277 | publicly publish the terms, conditions, and rates for each of |
| 278 | its nonbasic services, and may set or change, on 1 day's notice, |
| 279 | the rate for each of its nonbasic services. For a company |
| 280 | electing to publicly publish the terms, conditions, and rates |
| 281 | for each of its nonbasic services, the commission may establish |
| 282 | guidelines for the publication. The guidelines may not require |
| 283 | more information than what is required to be filed with a |
| 284 | tariff. The price increase for any nonbasic service category |
| 285 | shall not exceed 6 percent within a 12-month period until there |
| 286 | is another provider providing local telecommunications service |
| 287 | in an exchange area at which time the price for any nonbasic |
| 288 | service category may be increased in an amount not to exceed 10 |
| 289 | 20 percent within a 12-month period, and the rate shall be |
| 290 | presumptively valid. However, the price for any nonbasic service |
| 291 | that would have been treated as basic service prior to July 1, |
| 292 | 2009, shall not be increased by more than the amount allowed for |
| 293 | basic service as provided in subsection (2) until July 1, 2012. |
| 294 | However, for purposes of this subsection, the prices of: |
| 295 | 1. A voice-grade, flat-rate, multi-line business local |
| 296 | exchange service, including multiple individual lines, centrex |
| 297 | lines, private branch exchange trunks, and any associated |
| 298 | hunting services, that provides dial tone and local usage |
| 299 | necessary to place a call within a local exchange calling area; |
| 300 | and |
| 301 | 2. Telecommunications services provided under contract |
| 302 | service arrangements to the SUNCOM Network, as defined in |
| 303 | chapter 282, |
| 304 |
|
| 305 | shall be capped at the rates in effect on July 1, 1995, and such |
| 306 | rates shall not be increased prior to January 1, 2000; provided, |
| 307 | however, that a petition to increase such rates may be filed |
| 308 | pursuant to subsection (4) utilizing the standards set forth |
| 309 | therein. There shall be a flat-rate pricing option for multi- |
| 310 | line business local exchange service, and mandatory measured |
| 311 | service for multi-line business local exchange service shall not |
| 312 | be imposed. Nothing contained in This chapter does not section |
| 313 | shall prevent the local exchange telecommunications company from |
| 314 | meeting offerings by any competitive provider of the same, or |
| 315 | functionally equivalent, nonbasic services in a specific |
| 316 | geographic market or to a specific customer by deaveraging the |
| 317 | price of any nonbasic service, packaging nonbasic services |
| 318 | together or with basic services, using volume discounts and term |
| 319 | discounts, and offering individual contracts. However, the local |
| 320 | exchange telecommunications company may shall not engage in any |
| 321 | anticompetitive act or practice or, nor unreasonably |
| 322 | discriminate among similarly situated customers. |
| 323 | (b) The commission has shall have continuing regulatory |
| 324 | oversight of nonbasic services for purposes of ensuring |
| 325 | resolution of service complaints, preventing cross-subsidization |
| 326 | of nonbasic services with revenues from basic services, and |
| 327 | ensuring that all providers are treated fairly in the |
| 328 | telecommunications market. The price charged to a consumer for a |
| 329 | nonbasic service shall cover the direct costs of providing the |
| 330 | service. The cost standard for determining cross-subsidization |
| 331 | is whether the total revenue from a nonbasic service is less |
| 332 | than the total long-run incremental cost of the service. Total |
| 333 | long-run incremental cost means service-specific volume and |
| 334 | nonvolume-sensitive costs. |
| 335 | (c) The price charged to a consumer for a nonbasic service |
| 336 | shall cover the direct costs of providing the service and shall, |
| 337 | to the extent a cost is not included in the direct cost, include |
| 338 | as an imputed cost the price charged by the company to |
| 339 | competitors for any monopoly component used by a competitor in |
| 340 | the provision of its same or functionally equivalent service. |
| 341 | Section 6. Section 364.08, Florida Statutes, is amended to |
| 342 | read: |
| 343 | 364.08 Unlawful to charge other than schedule rates or |
| 344 | charges; free service and reduced rates prohibited.-- |
| 345 | (1) A telecommunications company may not charge, demand, |
| 346 | collect, or receive for any service rendered or to be rendered |
| 347 | any compensation other than the charge applicable to such |
| 348 | service as specified in its schedule on file or otherwise |
| 349 | published and in effect at that time. A telecommunications |
| 350 | company may not refund or remit, directly or indirectly, any |
| 351 | portion of the rate or charge so specified or extend to any |
| 352 | person any advantage of contract or agreement or the benefit of |
| 353 | any rule or regulation or any privilege or facility not |
| 354 | regularly and uniformly extended to all persons under like |
| 355 | circumstances for like or substantially similar service. |
| 356 | (2) A telecommunications company subject to this chapter |
| 357 | may provide not, directly or indirectly, give any free or |
| 358 | reduced service between points within this state. However, it |
| 359 | shall be lawful for the commission to authorize employee |
| 360 | concessions without approval by the commission if in the public |
| 361 | interest. |
| 362 | Section 7. Section 364.09, Florida Statutes, is repealed. |
| 363 | Section 8. Subsection (3) of section 364.10, Florida |
| 364 | Statutes, is amended to read: |
| 365 | 364.10 Undue advantage to person or locality prohibited; |
| 366 | Lifeline service.-- |
| 367 | (3)(a) Each Effective September 1, 2003, any local |
| 368 | exchange telecommunications company that has more than 1 million |
| 369 | access lines and that is designated as an eligible |
| 370 | telecommunications carrier authorized by the commission to |
| 371 | reduce its switched network access rate pursuant to s. 364.164 |
| 372 | shall have tariffed and shall provide Lifeline service to any |
| 373 | otherwise eligible customer or potential customer who meets an |
| 374 | income eligibility test at 150 135 percent or less of the |
| 375 | federal poverty income guidelines for Lifeline customers. Such a |
| 376 | test for eligibility must augment, rather than replace, the |
| 377 | eligibility standards established by federal law and based on |
| 378 | participation in certain low-income assistance programs. Each |
| 379 | intrastate interexchange telecommunications company shall, |
| 380 | effective September 1, 2003, file or publish a schedule tariff |
| 381 | providing at a minimum the intrastate interexchange |
| 382 | telecommunications carrier's current Lifeline benefits and |
| 383 | exemptions to Lifeline customers who meet the income eligibility |
| 384 | test set forth in this subsection. The Office of Public Counsel |
| 385 | shall certify and maintain claims submitted by a customer for |
| 386 | eligibility under the income test authorized by this subsection. |
| 387 | (b) Each eligible telecommunications carrier subject to |
| 388 | this subsection shall provide to each state and federal agency |
| 389 | providing benefits to persons eligible for Lifeline service |
| 390 | applications, brochures, pamphlets, or other materials that |
| 391 | inform the persons of their eligibility for Lifeline, and each |
| 392 | state agency providing the benefits shall furnish the materials |
| 393 | to affected persons at the time they apply for benefits. |
| 394 | (c) Any local exchange telecommunications company customer |
| 395 | receiving Lifeline benefits shall not be subject to any |
| 396 | residential basic local telecommunications service rate |
| 397 | increases authorized by s. 364.164 until the local exchange |
| 398 | telecommunications company reaches parity as defined in s. |
| 399 | 364.164(5) or until the customer no longer qualifies for the |
| 400 | Lifeline benefits established by this section or s. 364.105, or |
| 401 | unless otherwise determined by the commission upon petition by a |
| 402 | local exchange telecommunications company. |
| 403 | (c)(d) An eligible telecommunications carrier may not |
| 404 | discontinue basic local exchange telephone service to a |
| 405 | subscriber who receives Lifeline service because of nonpayment |
| 406 | by the subscriber of charges for nonbasic services billed by the |
| 407 | telecommunications company, including long-distance service. A |
| 408 | subscriber who receives Lifeline service shall be required to |
| 409 | pay all applicable basic local exchange service fees, including |
| 410 | the subscriber line charge, E-911, telephone relay system |
| 411 | charges, and applicable state and federal taxes. |
| 412 | (d)(e) An eligible telecommunications carrier may not |
| 413 | refuse to connect, reconnect, or provide Lifeline service |
| 414 | because of unpaid toll charges or nonbasic charges other than |
| 415 | basic local exchange service. |
| 416 | (e)(f) An eligible telecommunications carrier may require |
| 417 | that payment arrangements be made for outstanding debt |
| 418 | associated with basic local exchange service, subscriber line |
| 419 | charges, E-911, telephone relay system charges, and applicable |
| 420 | state and federal taxes. |
| 421 | (f)(g) An eligible telecommunications carrier may block a |
| 422 | Lifeline service subscriber's access to all long-distance |
| 423 | service, except for toll-free numbers, and may block the ability |
| 424 | to accept collect calls when the subscriber owes an outstanding |
| 425 | amount for long-distance service or amounts resulting from |
| 426 | collect calls. However, the eligible telecommunications carrier |
| 427 | may not impose a charge for blocking long-distance service. The |
| 428 | eligible telecommunications carrier shall remove the block at |
| 429 | the request of the subscriber without additional cost to the |
| 430 | subscriber upon payment of the outstanding amount. An eligible |
| 431 | telecommunications carrier may charge a service deposit before |
| 432 | removing the block. |
| 433 | (g)(h)1. By December 31, 2007, each state agency that |
| 434 | provides benefits to persons eligible for Lifeline service shall |
| 435 | undertake, in cooperation with the Department of Children and |
| 436 | Family Services, the Department of Education, the commission, |
| 437 | the Office of Public Counsel, and telecommunications companies |
| 438 | providing Lifeline services, the development of procedures to |
| 439 | promote Lifeline participation. |
| 440 | 2. If any state agency determines that a person is |
| 441 | eligible for Lifeline services, the agency shall immediately |
| 442 | forward the information to the commission to ensure that the |
| 443 | person is automatically enrolled in the program with the |
| 444 | appropriate eligible telecommunications carrier. The state |
| 445 | agency shall include an option for an eligible customer to |
| 446 | choose not to subscribe to the Lifeline service. The Public |
| 447 | Service Commission and the Department of Children and Family |
| 448 | Services shall, no later than December 31, 2007, adopt rules |
| 449 | creating procedures to automatically enroll eligible customers |
| 450 | in Lifeline service. |
| 451 | 3. The commission, the Department of Children and Family |
| 452 | Services, and the Office of Public Counsel shall enter into a |
| 453 | memorandum of understanding establishing the respective duties |
| 454 | of the commission, the department, and the public counsel with |
| 455 | respect to the automatic enrollment procedures no later than |
| 456 | December 31, 2007. |
| 457 | (h)(i) The commission shall report to the Governor, the |
| 458 | President of the Senate, and the Speaker of the House of |
| 459 | Representatives by December 31 each year on the number of |
| 460 | customers who are subscribing to Lifeline service and the |
| 461 | effectiveness of any procedures to promote participation. |
| 462 | (i)(j) The commission shall adopt rules to administer this |
| 463 | section. |
| 464 | Section 9. Section 364.15, Florida Statutes, is amended to |
| 465 | read: |
| 466 | 364.15 Compelling repairs, improvements, changes, |
| 467 | additions, or extensions.--Whenever the commission finds, on its |
| 468 | own motion or upon complaint, that repairs or improvements to, |
| 469 | or changes in, any telecommunications facility ought reasonably |
| 470 | to be made, or that any additions or extensions should |
| 471 | reasonably be made to any telecommunications facility, in order |
| 472 | to promote the security or convenience of the public or |
| 473 | employees or in order to secure adequate service or facilities |
| 474 | for basic local telecommunications services consistent with the |
| 475 | requirements set forth in this chapter, the commission shall |
| 476 | make and serve an order directing that such repairs, |
| 477 | improvements, changes, additions, or extensions be made in the |
| 478 | manner to be specified in the order. This section authorizes the |
| 479 | commission to impose only those requirements that it is |
| 480 | otherwise authorized to impose under this chapter. |
| 481 | Section 10. Section 364.33, Florida Statutes, is amended |
| 482 | to read: |
| 483 | 364.33 Certificate of necessity prerequisite to |
| 484 | construction, operation, or control of telecommunications |
| 485 | facilities.--Except for a transfer of a certificate of necessity |
| 486 | from one person to another or to the parent or affiliate of a |
| 487 | certificated person as provided in this section, a person may |
| 488 | not begin the construction or operation of any |
| 489 | telecommunications facility, or any extension thereof, for the |
| 490 | purpose of providing telecommunications services to the public, |
| 491 | or acquire ownership or control thereof, in whatever manner, |
| 492 | including the acquisition, transfer, or assignment of majority |
| 493 | organizational control or controlling stock ownership, without |
| 494 | prior approval. A certificate of necessity or control thereof |
| 495 | may be transferred from a person holding a certificate or the |
| 496 | parent or an affiliate thereof to another person holding a |
| 497 | certificate or the parent or an affiliate thereof, and a person |
| 498 | holding a certificate or the parent or an affiliate thereof may |
| 499 | acquire ownership or control of a telecommunications facility |
| 500 | through the acquisition, transfer, or assignment of majority |
| 501 | organizational control or controlling stock ownership of a |
| 502 | person holding a certificate without prior approval of the |
| 503 | commission by giving 60 days' written notice of the transfer or |
| 504 | change of control to the commission and affected customers. This |
| 505 | section does not require approval by the commission prior to the |
| 506 | construction, operation, or extension of a facility by a |
| 507 | certificated company within its certificated area nor in any way |
| 508 | limit the commission's ability to review the prudence of such |
| 509 | construction programs for ratemaking as provided under this |
| 510 | chapter. |
| 511 | Section 11. Subsection (4) of section 364.335, Florida |
| 512 | Statutes, is amended to read: |
| 513 | 364.335 Application for certificate.-- |
| 514 | (4) Except as provided in s. 364.33, revocation, |
| 515 | suspension, transfer, or amendment of a certificate shall be |
| 516 | subject to the provisions of this section; except that, when the |
| 517 | commission initiates the action, the commission shall furnish |
| 518 | notice to the appropriate local government and to the Public |
| 519 | Counsel. |
| 520 | Section 12. Section 364.3376, Florida Statutes, is amended |
| 521 | to read: |
| 522 | 364.3376 Operator services.-- |
| 523 | (1)(a) A person may not provide operator services as |
| 524 | defined in s. 364.02 without first obtaining from the commission |
| 525 | a certificate of public convenience and necessity as an operator |
| 526 | services provider. |
| 527 | (b) This section does not apply to operator services |
| 528 | provided by a local exchange telecommunications company or by an |
| 529 | intrastate interexchange telecommunications company, except as |
| 530 | required by the commission in the public interest. |
| 531 | (2) Notwithstanding any finding by the commission that a |
| 532 | service or facility is subject to competition and should be |
| 533 | regulated pursuant to s. 364.338, All intrastate operator |
| 534 | service providers are subject to the jurisdiction of the |
| 535 | commission and shall render operator services pursuant to |
| 536 | schedules in accordance with s. 364.04 tariffs approved by the |
| 537 | commission. |
| 538 | (3) For operator services, the commission shall establish |
| 539 | maximum rates and charges for all providers of such services |
| 540 | within the state. |
| 541 | (3)(4) Operator service providers shall: |
| 542 | (a) Require operators to: |
| 543 | 1. Clearly identify the operator service provider to all |
| 544 | end users before the call is made. |
| 545 | 2. When requested, provide rate and service information. |
| 546 | 3. When requested, provide the number to call for |
| 547 | complaints and inquiries. |
| 548 | 4. When requested, provide the procedure for reporting |
| 549 | service difficulties and methods of obtaining refunds. |
| 550 | (b) Not intentionally charge for incompleted calls and |
| 551 | provide full refund or credit for any misbilled or incomplete |
| 552 | calls. |
| 553 | (c) Bill for services in accordance with their published |
| 554 | schedules approved in their tariff and only at the rates set |
| 555 | forth therein tariff or otherwise approved rate, and disclose |
| 556 | their names on bills which include charges for services |
| 557 | rendered. |
| 558 | (4)(5) Each call aggregator shall post in the immediate |
| 559 | vicinity of each telephone available to the public the name of |
| 560 | the operator service provider, a toll-free customer service |
| 561 | number, a statement that rate quotes are available upon request, |
| 562 | and instructions on how the end user may access other operator |
| 563 | service providers and such other information determined by the |
| 564 | commission to be necessary in the public interest. |
| 565 | (5)(6) Neither the operator service provider nor the call |
| 566 | aggregator shall block or prevent an end user's access to the |
| 567 | end user's operator service provider of choice, except that the |
| 568 | commission shall grant limited waivers to operator service |
| 569 | providers or call aggregators upon a showing that such waiver is |
| 570 | in the public interest. |
| 571 | (6)(7) The local exchange telecommunications company shall |
| 572 | not disconnect local service for properly contested nonpayment |
| 573 | of any operator services bill. |
| 574 | (7)(8) The commission shall adopt and enforce requirements |
| 575 | for the provision of services by operator services companies and |
| 576 | call aggregators. |
| 577 | (8)(9) Operator service providers and local exchange |
| 578 | companies providing billing and collection services shall only |
| 579 | bill and collect only the tariffed rates and charges set forth |
| 580 | in the applicable schedules. |
| 581 | (9)(10) Notwithstanding any finding by the commission that |
| 582 | a service or facility is subject to competition and should be |
| 583 | regulated pursuant to s. 364.338, A local exchange |
| 584 | telecommunications company may shall not perform billing and |
| 585 | collection functions relating to regulated telecommunications |
| 586 | services provided by an operator services provider unless the |
| 587 | operator services provider has filed a statement with the local |
| 588 | exchange telecommunications company signed by a corporate |
| 589 | officer, or by another authorized person having personal |
| 590 | knowledge, that all regulated telecommunications services to be |
| 591 | billed will shall be rendered pursuant to applicable published |
| 592 | schedules tariffs approved by the commission. |
| 593 | (10)(11) The commission shall conduct have the |
| 594 | responsibility for conducting an effective program of random, |
| 595 | no-notice compliance investigations of the operator services |
| 596 | providers and call aggregators operating within the state. When |
| 597 | the commission finds a blocking violation, it shall determine |
| 598 | whether the blocking is the responsibility of the call |
| 599 | aggregator or the operator services provider and may fine the |
| 600 | responsible party in accordance with s. 364.285. Upon the |
| 601 | failure of the responsible party to correct a violation within a |
| 602 | mandatory time limit established by the commission or upon a |
| 603 | proven pattern of intentional blocking, the commission shall |
| 604 | order the discontinuance of the call aggregator's telephone |
| 605 | service or revoke the operator services provider's certificate, |
| 606 | as applicable. |
| 607 | Section 13. Section 364.3382, Florida Statutes, is amended |
| 608 | to read: |
| 609 | 364.3382 Disclosure.-- |
| 610 | (1) A local exchange telecommunications company, when a |
| 611 | residential customer initially requests basic local |
| 612 | telecommunications service, shall advise each residential |
| 613 | customer of the least-cost service available to that customer. |
| 614 | Annually, in the form of a bill insert, the local exchange |
| 615 | telecommunications company shall advise each residential |
| 616 | customer of the price of each service option selected by that |
| 617 | customer. The requirement of an annual notice through a bill |
| 618 | insert does not apply to interexchange service. |
| 619 | (2) Copies of both the written notices and information |
| 620 | provided to customer service representatives concerning the |
| 621 | disclosure required pursuant to subsection (1) shall be |
| 622 | submitted to the commission for prior approval. |
| 623 | Section 14. Subsection (2) of section 364.345, Florida |
| 624 | Statutes, is amended to read: |
| 625 | 364.345 Certificates; territory served; transfer.-- |
| 626 | (2) Except as provided in s. 364.33, a telecommunications |
| 627 | company may not sell, assign, or transfer its certificate or any |
| 628 | portion thereof without: |
| 629 | (a) A determination by the commission that the proposed |
| 630 | sale, assignment, or transfer is in the public interest; and |
| 631 | (b) The approval of the commission. |
| 632 | Section 15. Section 364.603, Florida Statutes, is amended |
| 633 | to read: |
| 634 | 364.603 Methodology for changing telecommunications |
| 635 | provider.--The commission shall adopt rules to prevent the |
| 636 | unauthorized changing of a subscriber's telecommunications |
| 637 | service. Such rules shall be consistent with the |
| 638 | Telecommunications Act of 1996, provide for specific |
| 639 | verification methodologies, provide for the notification to |
| 640 | subscribers of the ability to freeze the subscriber's choice of |
| 641 | carriers at no charge, allow for a subscriber's change to be |
| 642 | considered valid if verification was performed consistent with |
| 643 | the commission's rules, provide for remedies for violations of |
| 644 | the rules, and allow for the imposition of other penalties |
| 645 | available in this chapter. The commission shall resolve on an |
| 646 | expedited basis any complaints of anticompetitive behavior |
| 647 | concerning a local preferred carrier freeze, and the |
| 648 | telecommunications company asserting the existence of a local |
| 649 | preferred carrier freeze that is the subject of the complaint |
| 650 | shall have the burden of proving through competent evidence that |
| 651 | the customer did in fact request the freeze. |
| 652 | Section 16. Paragraph (a) of subsection (1) of section |
| 653 | 364.059, Florida Statutes, is amended to read: |
| 654 | 364.059 Procedures for seeking stay; benchmark; |
| 655 | criteria.-- |
| 656 | (1) If a local exchange telecommunications company has |
| 657 | elected, pursuant to s. 364.051(6), to have its basic local |
| 658 | telecommunications services treated the same as its nonbasic |
| 659 | services, the following procedures shall be available: |
| 660 | (a) Any petition filed by a substantially interested party |
| 661 | against a local exchange telecommunications company seeking a |
| 662 | stay of the effective date of a price reduction for a basic |
| 663 | local telecommunications service, alleging an anticompetitive |
| 664 | price reduction pursuant to s. 364.051(5), s. 364.08, s. 364.09, |
| 665 | s. 364.10, or s. 364.3381, shall be resolved by the commission |
| 666 | pursuant to this section and by an order issued within 45 days |
| 667 | after the date the petition is filed. |
| 668 | Section 17. Section 364.105, Florida Statutes, is amended |
| 669 | to read: |
| 670 | 364.105 Discounted rate for basic service for former |
| 671 | Lifeline subscribers.--Each local exchange telecommunications |
| 672 | company shall offer discounted residential basic local |
| 673 | telecommunications service at 70 percent of the residential |
| 674 | local telecommunications service rate for any Lifeline |
| 675 | subscriber who no longer qualifies for Lifeline. A Lifeline |
| 676 | subscriber who requests such service shall receive the |
| 677 | discounted price for a period of 1 year after the date the |
| 678 | subscriber ceases to be qualified for Lifeline. In no event |
| 679 | shall this preclude the offering of any other discounted |
| 680 | services which comply with ss. 364.08, 364.09, and 364.10. |
| 681 | Section 18. This act shall take effect July 1, 2009. |