Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. SB 2626
Barcode 701772
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/24/2009 .
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The Committee on Communications, Energy, and Public Utilities
(Haridopolos) recommended the following:
1 Senate Amendment (with title amendment)
2
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. This act may be cited as the “Consumer Choice
7 and Protection Act.”
8 Section 2. Section 364.013, Florida Statutes, is amended to
9 read:
10 364.013 Emerging and advanced services.—Broadband service
11 and the provision of voice-over-Internet-protocol (VoIP) shall
12 be free of state regulation, except as delineated in this
13 chapter or as specifically authorized by federal law, regardless
14 of the provider, platform, or protocol. Notwithstanding the
15 exemptions in this chapter, a competitive local exchange
16 telecommunications company is entitled to interconnection with a
17 local exchange telecommunications company to transmit and route
18 voice traffic between both the competitive local exchange
19 telecommunications company and the local exchange
20 telecommunications company regardless of the technology by which
21 the voice traffic is originated by and terminated to an end
22 user. The commission shall afford such competitive local
23 exchange telecommunications company all substantive and
24 procedural rights available to such companies regarding
25 interconnection under the law.
26 Section 3. Section 364.02, Florida Statutes, is amended to
27 read:
28 364.02 Definitions.—As used in this chapter, the term:
29 (1) “Basic local telecommunications service” means voice
30 grade, single-line, flat-rate residential, and flat-rate single
31 line business local exchange service that provides services
32 which provide dial tone, local usage necessary to place
33 unlimited calls within a local exchange area, dual tone
34 multifrequency dialing, and access to the following: emergency
35 services such as “911,” all locally available interexchange
36 companies, directory assistance, operator services, relay
37 services, and an alphabetical directory listing. For a local
38 exchange telecommunications company, the term includes shall
39 include any extended area service routes, and extended calling
40 service in existence or ordered by the commission on or before
41 July 1, 1995.
42 (2) “Broadband service” means any service that consists of
43 or includes the offering of the capability to transmit or
44 receive information at a rate that is not less than 200 kilobits
45 per second and either:
46 (a) Is used to provide access to the Internet; or
47 (b) Provides computer processing, information storage,
48 information content, or protocol conversion in combination with
49 the service.
50
51 The definition of broadband service does not include any
52 intrastate telecommunications services that have been tariffed
53 with the commission on or before January 1, 2005.
54 (3) “Commercial mobile radio service provider” means a
55 commercial mobile radio service provider as defined by and
56 pursuant to 47 U.S.C. ss. 153(n) and 332(d).
57 (4) “Commission” means the Florida Public Service
58 Commission.
59 (5) “Competitive local exchange telecommunications company”
60 means any company certificated by the commission to provide
61 local exchange telecommunications services in this state on or
62 after July 1, 1995.
63 (6) “Corporation” includes a corporation, company,
64 association, or joint stock association.
65 (7) “Intrastate interexchange telecommunications company”
66 means any entity that provides intrastate interexchange
67 telecommunications services.
68 (8) “Local exchange telecommunications company” means any
69 company certificated by the commission to provide local exchange
70 telecommunications service in this state on or before June 30,
71 1995.
72 (9) “Monopoly service” means a telecommunications service
73 for which there is no effective competition, either in fact or
74 by operation of law.
75 (10) “Nonbasic service” means any telecommunications
76 service provided by a local exchange telecommunications company
77 other than a basic local telecommunications service, a local
78 interconnection arrangement described in s. 364.16, or a network
79 access service described in s. 364.163. Any combination of basic
80 service along with a nonbasic service or an unregulated service
81 is nonbasic service.
82 (11) “Operator service” includes, but is not limited to,
83 billing or completion of third-party, person-to-person, collect,
84 or calling card or credit card calls through the use of a live
85 operator or automated equipment.
86 (12) “Operator service provider” means a person who
87 furnishes operator service through a call aggregator.
88 (13) “Service” is to be construed in its broadest and most
89 inclusive sense. The term “service” does not include broadband
90 service or voice-over-Internet protocol service for purposes of
91 regulation by the commission. Nothing herein shall affect the
92 rights and obligations of any entity related to the payment of
93 switched network access rates or other intercarrier
94 compensation, if any, related to voice-over-Internet protocol
95 service. Notwithstanding s. 364.013, and the exemption of
96 services pursuant to this subsection, the commission may
97 arbitrate, enforce, or approve interconnection agreements, and
98 resolve disputes as provided by 47 U.S.C. ss. 251 and 252, or
99 any other applicable federal law or regulation. With respect to
100 the services exempted in this subsection, regardless of the
101 technology, the duties of a local exchange telecommunications
102 company are only those that the company is obligated to extend
103 or provide under applicable federal law and regulations.
104 (14) “Telecommunications company” includes every
105 corporation, partnership, and person and their lessees,
106 trustees, or receivers appointed by any court whatsoever, and
107 every political subdivision in the state, offering two-way
108 telecommunications service to the public for hire within this
109 state by the use of a telecommunications facility. The term
110 “telecommunications company” does not include:
111 (a) An entity that which provides a telecommunications
112 facility exclusively to a certificated telecommunications
113 company;
114 (b) An entity that which provides a telecommunications
115 facility exclusively to a company which is excluded from the
116 definition of a telecommunications company under this
117 subsection;
118 (c) A commercial mobile radio service provider;
119 (d) A facsimile transmission service;
120 (e) A private computer data network company not offering
121 service to the public for hire;
122 (f) A cable television company providing cable service as
123 defined in 47 U.S.C. s. 522; or
124 (g) An intrastate interexchange telecommunications company.
125
126 However, each commercial mobile radio service provider and each
127 intrastate interexchange telecommunications company shall
128 continue to be liable for any taxes imposed under chapters 202,
129 203, and 212 and any fees assessed under s. 364.025. Each
130 intrastate interexchange telecommunications company shall
131 continue to be subject to ss. 364.04, 364.10(3)(a) and (c)(d),
132 364.163, 364.285, 364.336, 364.501, 364.603, and 364.604, shall
133 provide the commission with the current information as the
134 commission deems necessary to contact and communicate with the
135 company, and shall continue to pay intrastate switched network
136 access rates or other intercarrier compensation to the local
137 exchange telecommunications company or the competitive local
138 exchange telecommunications company for the origination and
139 termination of interexchange telecommunications service, and
140 shall reduce its intrastate long distance toll rates in
141 accordance with former s. 364.163(2).
142 (15) “Telecommunications facility” includes real estate,
143 easements, apparatus, property, and routes used and operated to
144 provide two-way telecommunications service to the public for
145 hire within this state.
146 (16) “VoIP” means the voice-over-Internet protocol as that
147 term is defined in federal law.
148 Section 4. Section 364.04, Florida Statutes, is amended to
149 read:
150 364.04 Schedules of rates, tolls, rentals, contracts, and
151 charges; filing; public inspection.—
152 (1) Upon order of the commission, Every telecommunications
153 company shall publish through electronic or physical media file
154 with the commission, and shall print and keep open to public
155 inspection, schedules showing the rates, tolls, rentals,
156 contracts, and charges of that company for service to be
157 performed within the state. A telecommunications company may, as
158 an option, file the published schedules with the commission or
159 publish its schedules through other reasonably publicly
160 accessible means, including on a website. A telecommunications
161 company that does not file its schedules with the commission
162 shall inform its customers where a customer may view the
163 telecommunications company’s schedules.
164 (2) The schedules schedule, as printed and open to public
165 inspection, shall plainly state the places between which
166 telecommunications service will be rendered and shall also state
167 separately all charges and all privileges or facilities granted
168 or allowed and any rules or regulations or forms of contract
169 which may in anywise change, affect, or determine any of the
170 aggregate of the rates, tolls, rentals, or charges for the
171 service rendered.
172 (3) A schedule shall be plainly printed in large type, and
173 a copy thereof shall be kept by every telecommunications company
174 readily accessible to, and for convenient inspection by, the
175 public at such places as may be designated by the commission.
176 Any such schedule shall be immediately produced by the
177 telecommunications company upon the demand of any person.
178 (4) A notice printed in bold type and stating that such
179 schedules are on file and open to inspection by any person, the
180 places where the schedules are kept, and that the agent will
181 assist any person to determine from such schedules any rate,
182 toll, rental, rule, or regulation which is in force shall be
183 kept posted by every telecommunications company as the
184 commission designates.
185 Section 5. Paragraph (c) of subsection (1), paragraph (c)
186 of subsection (2), paragraph (b) of subsection (4), and
187 subsection (5) of section 364.051, Florida Statutes, are amended
188 to read:
189 364.051 Price regulation.—
190 (1) SCHEDULE.—Notwithstanding any other provisions of this
191 chapter, the following local exchange telecommunications
192 companies shall become subject to the price regulation described
193 in this section on the following dates:
194 (c) Each company subject to this section is shall be exempt
195 from rate base, rate of return regulation, and the requirements
196 of ss. 364.03, 364.035, 364.037, 364.05, 364.055, 364.14,
197 364.17, and 364.18, and 364.19.
198 (2) BASIC LOCAL TELECOMMUNICATIONS SERVICE.—Price
199 regulation of basic local telecommunications service shall
200 consist of the following:
201 (c) There shall be a flat-rate pricing option for basic
202 local telecommunications service services, and mandatory
203 measured service for basic local telecommunications service
204 services shall not be imposed.
205 (4)
206 (b) For purposes of this section, evidence of damage
207 occurring to the lines, plants, or facilities of a local
208 exchange telecommunications company that is subject to the
209 carrier-of-last-resort obligations, which damage is the result
210 of a tropical system occurring after June 1, 2005, and named by
211 the National Hurricane Center, constitutes a compelling showing
212 of changed circumstances.
213 1. A company may file a petition to recover its intrastate
214 costs and expenses relating to repairing, restoring, or
215 replacing the lines, plants, or facilities damaged by a named
216 tropical system.
217 2. The commission shall verify the intrastate costs and
218 expenses submitted by the company in support of its petition.
219 3. The company must show and the commission shall determine
220 whether the intrastate costs and expenses are reasonable under
221 the circumstances for the named tropical system.
222 4. A company having a storm-reserve fund may recover
223 tropical-system-related costs and expenses from its customers
224 only in excess of any amount available in the storm-reserve
225 fund.
226 5. The commission may determine the amount of any increase
227 that the company may charge its customers, but the charge per
228 line item may not exceed 50 cents per month per customer line
229 for a period of not more than 12 months.
230 6. The commission may order the company to add an equal
231 line-item charge per access line to the billing statement of the
232 company’s retail basic local telecommunications service
233 customers, its retail nonbasic telecommunications service
234 customers, and, to the extent the commission determines
235 appropriate, its wholesale loop unbundled network element
236 customers. At the end of the collection period, the commission
237 shall verify that the collected amount does not exceed the
238 amount authorized by the order. If collections exceed the
239 ordered amount, the commission shall order the company to refund
240 the excess.
241 7. In order to qualify for filing a petition under this
242 paragraph, a company with 1 million or more access lines, but
243 fewer than 3 million access lines, must have tropical-system
244 related costs and expenses exceeding $1.5 million, and a company
245 with 3 million or more access lines must have tropical-system
246 related costs and expenses of $5 million or more. A company with
247 fewer than 1 million access lines is not required to meet a
248 minimum damage threshold in order to qualify to file a petition
249 under this paragraph.
250 8. A company may file only one petition for storm recovery
251 in any 12-month period for the previous storm season, but the
252 application may cover damages from more than one named tropical
253 system.
254
255 This paragraph is not intended to adversely affect the
256 commission’s consideration of any petition for an increase in
257 basic rates to recover costs related to storm damage which was
258 filed before the effective date of this act.
259 (5) NONBASIC SERVICES.—Price regulation of nonbasic
260 services shall consist of the following:
261 (a) Each company subject to this section shall, at its
262 option, maintain tariffs with the commission or otherwise
263 publicly publish the terms, conditions, and rates for each of
264 its nonbasic services, and may set or change, on 1 day’s notice,
265 the rate for each of its nonbasic services. For a company
266 electing to publicly publish the terms, conditions, and rates
267 for each of its nonbasic services, the commission may establish
268 guidelines for the publication. The guidelines may not require
269 more information than what is required to be filed with a
270 tariff. The price increase for any nonbasic service category
271 shall not exceed 6 percent within a 12-month period until there
272 is another provider providing local telecommunications service
273 in an exchange area at which time the price for any nonbasic
274 service category may be increased in an amount not to exceed 20
275 percent within a 12-month period, and the rate shall be
276 presumptively valid. However, for purposes of this subsection,
277 the prices of:
278 1. A voice-grade, flat-rate, multi-line business local
279 exchange service, including multiple individual lines, centrex
280 lines, private branch exchange trunks, and any associated
281 hunting services, that provides dial tone and local usage
282 necessary to place a call within a local exchange calling area;
283 and
284 2. Telecommunications services provided under contract
285 service arrangements to the SUNCOM Network, as defined in
286 chapter 282,
287
288 shall be capped at the rates in effect on July 1, 1995, and such
289 rates shall not be increased prior to January 1, 2000; provided,
290 however, that a petition to increase such rates may be filed
291 pursuant to subsection (4) utilizing the standards set forth
292 therein. There shall be a flat-rate pricing option for multi
293 line business local exchange service, and mandatory measured
294 service for multi-line business local exchange service shall not
295 be imposed. Nothing contained in This chapter does not section
296 shall prevent the local exchange telecommunications company from
297 meeting offerings by any competitive provider of the same, or
298 functionally equivalent, nonbasic services in a specific
299 geographic market or to a specific customer by deaveraging the
300 price of any nonbasic service, packaging nonbasic services
301 together or with basic services, using volume discounts and term
302 discounts, and offering individual contracts. However, the local
303 exchange telecommunications company may shall not engage in any
304 anticompetitive act or practice or, nor unreasonably
305 discriminate among similarly situated customers.
306 (b) The commission has shall have continuing regulatory
307 oversight of nonbasic services for purposes of ensuring
308 resolution of service complaints, preventing cross-subsidization
309 of nonbasic services with revenues from basic services, and
310 ensuring that all providers are treated fairly in the
311 telecommunications market. The price charged to a consumer for a
312 nonbasic service shall cover the direct costs of providing the
313 service. The cost standard for determining cross-subsidization
314 is whether the total revenue from a nonbasic service is less
315 than the total long-run incremental cost of the service. Total
316 long-run incremental cost means service-specific volume and
317 nonvolume-sensitive costs.
318 (c) The price charged to a consumer for a nonbasic service
319 shall cover the direct costs of providing the service and shall,
320 to the extent a cost is not included in the direct cost, include
321 as an imputed cost the price charged by the company to
322 competitors for any monopoly component used by a competitor in
323 the provision of its same or functionally equivalent service.
324 Section 6. Section 364.08, Florida Statutes, is amended to
325 read:
326 364.08 Unlawful to charge other than schedule rates or
327 charges; free service and reduced rates prohibited.—
328 (1) A telecommunications company may not charge, demand,
329 collect, or receive for any service rendered or to be rendered
330 any compensation other than the charge applicable to such
331 service as specified in its schedule on file or otherwise
332 published and in effect at that time. A telecommunications
333 company may not refund or remit, directly or indirectly, any
334 portion of the rate or charge so specified or extend to any
335 person any advantage of contract or agreement or the benefit of
336 any rule or regulation or any privilege or facility not
337 regularly and uniformly extended to all persons under like
338 circumstances for like or substantially similar service.
339 (2) A telecommunications company subject to this chapter
340 may provide not, directly or indirectly, give any free or
341 reduced service between points within this state. However, it
342 shall be lawful for the commission to authorize employee
343 concessions without approval by the commission if in the public
344 interest.
345 Section 7. Section 364.09, Florida Statutes, is repealed.
346 Section 8. Subsection (3) of section 364.10, Florida
347 Statutes, is amended to read:
348 364.10 Undue advantage to person or locality prohibited;
349 Lifeline service.—
350 (3)(a) Each Effective September 1, 2003, any local exchange
351 telecommunications company that has more than 1 million access
352 lines and that is designated as an eligible telecommunications
353 carrier authorized by the commission to reduce its switched
354 network access rate pursuant to s. 364.164 shall have tariffed
355 and shall provide Lifeline service to any otherwise eligible
356 customer or potential customer who meets an income eligibility
357 test at 135 percent or less of the federal poverty income
358 guidelines for Lifeline customers. Such a test for eligibility
359 must augment, rather than replace, the eligibility standards
360 established by federal law and based on participation in certain
361 low-income assistance programs. Each intrastate interexchange
362 telecommunications company shall, effective September 1, 2003,
363 file or publish a schedule tariff providing at a minimum the
364 intrastate interexchange telecommunications carrier’s current
365 Lifeline benefits and exemptions to Lifeline customers who meet
366 the income eligibility test set forth in this subsection. The
367 Office of Public Counsel shall certify and maintain claims
368 submitted by a customer for eligibility under the income test
369 authorized by this subsection.
370 (b) Each eligible telecommunications carrier subject to
371 this subsection shall provide to each state and federal agency
372 providing benefits to persons eligible for Lifeline service
373 applications, brochures, pamphlets, or other materials that
374 inform the persons of their eligibility for Lifeline, and each
375 state agency providing the benefits shall furnish the materials
376 to affected persons at the time they apply for benefits.
377 (c) Any local exchange telecommunications company customer
378 receiving Lifeline benefits shall not be subject to any
379 residential basic local telecommunications service rate
380 increases authorized by s. 364.164 until the local exchange
381 telecommunications company reaches parity as defined in s.
382 364.164(5) or until the customer no longer qualifies for the
383 Lifeline benefits established by this section or s. 364.105, or
384 unless otherwise determined by the commission upon petition by a
385 local exchange telecommunications company.
386 (d) An eligible telecommunications carrier may not
387 discontinue basic local exchange telephone service to a
388 subscriber who receives Lifeline service because of nonpayment
389 by the subscriber of charges for nonbasic services billed by the
390 telecommunications company, including long-distance service. A
391 subscriber who receives Lifeline service shall be required to
392 pay all applicable basic local exchange service fees, including
393 the subscriber line charge, E-911, telephone relay system
394 charges, and applicable state and federal taxes.
395 (e) An eligible telecommunications carrier may not refuse
396 to connect, reconnect, or provide Lifeline service because of
397 unpaid toll charges or nonbasic charges other than basic local
398 exchange service.
399 (f) An eligible telecommunications carrier may require that
400 payment arrangements be made for outstanding debt associated
401 with basic local exchange service, subscriber line charges, E
402 911, telephone relay system charges, and applicable state and
403 federal taxes.
404 (g) An eligible telecommunications carrier may block a
405 Lifeline service subscriber’s access to all long-distance
406 service, except for toll-free numbers, and may block the ability
407 to accept collect calls when the subscriber owes an outstanding
408 amount for long-distance service or amounts resulting from
409 collect calls. However, the eligible telecommunications carrier
410 may not impose a charge for blocking long-distance service. The
411 eligible telecommunications carrier shall remove the block at
412 the request of the subscriber without additional cost to the
413 subscriber upon payment of the outstanding amount. An eligible
414 telecommunications carrier may charge a service deposit before
415 removing the block.
416 (h)1. By December 31, 2007, each state agency that provides
417 benefits to persons eligible for Lifeline service shall
418 undertake, in cooperation with the Department of Children and
419 Family Services, the Department of Education, the commission,
420 the Office of Public Counsel, and telecommunications companies
421 providing Lifeline services, the development of procedures to
422 promote Lifeline participation.
423 2. If any state agency determines that a person is eligible
424 for Lifeline services, the agency shall immediately forward the
425 information to the commission to ensure that the person is
426 automatically enrolled in the program with the appropriate
427 eligible telecommunications carrier. The state agency shall
428 include an option for an eligible customer to choose not to
429 subscribe to the Lifeline service. The Public Service Commission
430 and the Department of Children and Family Services shall, no
431 later than December 31, 2007, adopt rules creating procedures to
432 automatically enroll eligible customers in Lifeline service.
433 3. The commission, the Department of Children and Family
434 Services, and the Office of Public Counsel shall enter into a
435 memorandum of understanding establishing the respective duties
436 of the commission, the department, and the public counsel with
437 respect to the automatic enrollment procedures no later than
438 December 31, 2007.
439 (i) The commission shall report to the Governor, the
440 President of the Senate, and the Speaker of the House of
441 Representatives by December 31 each year on the number of
442 customers who are subscribing to Lifeline service and the
443 effectiveness of any procedures to promote participation.
444 (j) The commission shall adopt rules to administer this
445 section.
446 Section 9. Section 364.15, Florida Statutes, is amended to
447 read:
448 364.15 Compelling repairs, improvements, changes,
449 additions, or extensions.—Whenever the commission finds, on its
450 own motion or upon complaint, that repairs or improvements to,
451 or changes in, any telecommunications facility ought reasonably
452 to be made, or that any additions or extensions should
453 reasonably be made to any telecommunications facility, in order
454 to promote the security or convenience of the public or
455 employees or in order to secure adequate service or facilities
456 for basic local telecommunications services consistent with the
457 requirements set forth in this chapter, the commission shall
458 make and serve an order directing that such repairs,
459 improvements, changes, additions, or extensions be made in the
460 manner to be specified in the order. This section authorizes the
461 commission to impose only those requirements that it is
462 otherwise authorized to impose under this chapter.
463 Section 10. Section 364.33, Florida Statutes, is amended to
464 read:
465 364.33 Certificate of necessity prerequisite to
466 construction, operation, or control of telecommunications
467 facilities.—Except for a transfer of a certificate of necessity
468 from one person to another as provided in this section, a person
469 may not begin the construction or operation of any
470 telecommunications facility, or any extension thereof for the
471 purpose of providing telecommunications services to the public,
472 or acquire ownership or control thereof, in whatever manner,
473 including the acquisition, transfer, or assignment of majority
474 organizational control or controlling stock ownership, without
475 prior approval. A certificate of necessity may be transferred
476 from a person holding a certificate to another person holding a
477 certificate, and a person holding a certificate may acquire
478 ownership or control of a telecommunications facility through
479 the acquisition, transfer, or assignment of majority
480 organizational control or controlling stock ownership of a
481 person holding a certificate without prior approval of the
482 commission by giving 60 days’ written notice of the transfer or
483 change of control to the commission and affected customers. This
484 section does not require approval by the commission prior to the
485 construction, operation, or extension of a facility by a
486 certificated company within its certificated area nor in any way
487 limit the commission’s ability to review the prudence of such
488 construction programs for ratemaking as provided under this
489 chapter.
490 Section 11. Subsection (4) of section 364.335, Florida
491 Statutes, is amended to read:
492 364.335 Application for certificate.—
493 (4) Except as provided in s. 364.33, revocation,
494 suspension, transfer, or amendment of a certificate shall be
495 subject to the provisions of this section; except that, when the
496 commission initiates the action, the commission shall furnish
497 notice to the appropriate local government and to the Public
498 Counsel.
499 Section 12. Section 364.3376, Florida Statutes, is amended
500 to read:
501 364.3376 Operator services.—
502 (1)(a) A person may not provide operator services as
503 defined in s. 364.02 without first obtaining from the commission
504 a certificate of public convenience and necessity as an operator
505 services provider.
506 (b) This section does not apply to operator services
507 provided by a local exchange telecommunications company or by an
508 intrastate interexchange telecommunications company, except as
509 required by the commission in the public interest.
510 (2) Notwithstanding any finding by the commission that a
511 service or facility is subject to competition and should be
512 regulated pursuant to s. 364.338, All intrastate operator
513 service providers are subject to the jurisdiction of the
514 commission and shall render operator services pursuant to
515 schedules in accordance with s. 364.04 tariffs approved by the
516 commission.
517 (3) For operator services, the commission shall establish
518 maximum rates and charges for all providers of such services
519 within the state.
520 (3)(4) Operator service providers shall:
521 (a) Require operators to:
522 1. Clearly identify the operator service provider to all
523 end users before the call is made.
524 2. When requested, provide rate and service information.
525 3. When requested, provide the number to call for
526 complaints and inquiries.
527 4. When requested, provide the procedure for reporting
528 service difficulties and methods of obtaining refunds.
529 (b) Not intentionally charge for incompleted calls and
530 provide full refund or credit for any misbilled or incomplete
531 calls.
532 (c) Bill for services in accordance with their published
533 schedules approved in their tariff and only at the rates set
534 forth therein tariff or otherwise approved rate, and disclose
535 their names on bills which include charges for services
536 rendered.
537 (4)(5) Each call aggregator shall post in the immediate
538 vicinity of each telephone available to the public the name of
539 the operator service provider, a toll-free customer service
540 number, a statement that rate quotes are available upon request,
541 and instructions on how the end user may access other operator
542 service providers and such other information determined by the
543 commission to be necessary in the public interest.
544 (5)(6) Neither the operator service provider nor the call
545 aggregator shall block or prevent an end user’s access to the
546 end user’s operator service provider of choice, except that the
547 commission shall grant limited waivers to operator service
548 providers or call aggregators upon a showing that such waiver is
549 in the public interest.
550 (6)(7) The local exchange telecommunications company shall
551 not disconnect local service for properly contested nonpayment
552 of any operator services bill.
553 (7)(8) The commission shall adopt and enforce requirements
554 for the provision of services by operator services companies and
555 call aggregators.
556 (8)(9) Operator service providers and local exchange
557 companies providing billing and collection services shall only
558 bill and collect only the tariffed rates and charges set forth
559 in the applicable schedules.
560 (9)(10) Notwithstanding any finding by the commission that
561 a service or facility is subject to competition and should be
562 regulated pursuant to s. 364.338, A local exchange
563 telecommunications company may shall not perform billing and
564 collection functions relating to regulated telecommunications
565 services provided by an operator services provider unless the
566 operator services provider has filed a statement with the local
567 exchange telecommunications company signed by a corporate
568 officer, or by another authorized person having personal
569 knowledge, that all regulated telecommunications services to be
570 billed will shall be rendered pursuant to applicable published
571 schedules tariffs approved by the commission.
572 (10)(11) The commission shall conduct have the
573 responsibility for conducting an effective program of random,
574 no-notice compliance investigations of the operator services
575 providers and call aggregators operating within the state. When
576 the commission finds a blocking violation, it shall determine
577 whether the blocking is the responsibility of the call
578 aggregator or the operator services provider and may fine the
579 responsible party in accordance with s. 364.285. Upon the
580 failure of the responsible party to correct a violation within a
581 mandatory time limit established by the commission or upon a
582 proven pattern of intentional blocking, the commission shall
583 order the discontinuance of the call aggregator’s telephone
584 service or revoke the operator services provider’s certificate,
585 as applicable.
586 Section 13. Section 364.3382, Florida Statutes, is amended
587 to read:
588 364.3382 Disclosure.—
589 (1) A local exchange telecommunications company, when a
590 residential customer initially requests basic local
591 telecommunications service, shall advise each residential
592 customer of the least-cost service available to that customer.
593 Annually, in the form of a bill insert, the local exchange
594 telecommunications company shall advise each residential
595 customer of the price of each service option selected by that
596 customer. The requirement of an annual notice through a bill
597 insert does not apply to interexchange service.
598 (2) Copies of both the written notices and information
599 provided to customer service representatives concerning the
600 disclosure required pursuant to subsection (1) shall be
601 submitted to the commission for prior approval.
602 Section 14. Subsection (2) of section 364.345, Florida
603 Statutes, is amended to read:
604 364.345 Certificates; territory served; transfer.—
605 (2) Except as provided in s. 364.33, a telecommunications
606 company may not sell, assign, or transfer its certificate or any
607 portion thereof without:
608 (a) A determination by the commission that the proposed
609 sale, assignment, or transfer is in the public interest; and
610 (b) The approval of the commission.
611 Section 15. Section 364.603, Florida Statutes, is amended
612 to read:
613 364.603 Methodology for changing telecommunications
614 provider.—The commission shall adopt rules to prevent the
615 unauthorized changing of a subscriber’s telecommunications
616 service. Such rules shall be consistent with the
617 Telecommunications Act of 1996, provide for specific
618 verification methodologies, provide for the notification to
619 subscribers of the ability to freeze the subscriber’s choice of
620 carriers at no charge, allow for a subscriber’s change to be
621 considered valid if verification was performed consistent with
622 the commission’s rules, provide for remedies for violations of
623 the rules, and allow for the imposition of other penalties
624 available in this chapter. The commission shall resolve any
625 complaints of anticompetitive behavior concerning a local
626 preferred carrier freeze consistent with s. 364.058 and shall
627 require the telecommunications company asserting the existence
628 of a local preferred carrier freeze that is the subject of the
629 complaint to produce those records required to be maintained
630 pursuant to federal rules on an expedited basis.
631 Section 16. Paragraph (a) of subsection (1) of section
632 364.059, Florida Statutes, is amended to read:
633 364.059 Procedures for seeking stay; benchmark; criteria.—
634 (1) If a local exchange telecommunications company has
635 elected, pursuant to s. 364.051(6), to have its basic local
636 telecommunications services treated the same as its nonbasic
637 services, the following procedures shall be available:
638 (a) Any petition filed by a substantially interested party
639 against a local exchange telecommunications company seeking a
640 stay of the effective date of a price reduction for a basic
641 local telecommunications service, alleging an anticompetitive
642 price reduction pursuant to s. 364.051(5), s. 364.08, s. 364.09,
643 s. 364.10, or s. 364.3381, shall be resolved by the commission
644 pursuant to this section and by an order issued within 45 days
645 after the date the petition is filed.
646 Section 17. Section 364.105, Florida Statutes, is amended
647 to read:
648 364.105 Discounted rate for basic service for former
649 Lifeline subscribers.—Each local exchange telecommunications
650 company shall offer discounted residential basic local
651 telecommunications service at 70 percent of the residential
652 local telecommunications service rate for any Lifeline
653 subscriber who no longer qualifies for Lifeline. A Lifeline
654 subscriber who requests such service shall receive the
655 discounted price for a period of 1 year after the date the
656 subscriber ceases to be qualified for Lifeline. In no event
657 shall this preclude the offering of any other discounted
658 services which comply with ss. 364.08, 364.09, and 364.10.
659 Section 18. This act shall take effect July 1, 2009.
660
661 ================= T I T L E A M E N D M E N T ================
662 And the title is amended as follows:
663 Delete everything before the enacting clause
664 and insert:
665 A bill to be entitled
666 An act relating to telecommunications companies;
667 creating the “Consumer Choice and Protection Act”;
668 amending s. 364.013, F.S.; providing for local
669 interconnection rights regardless of technology;
670 amending s. 364.02, F.S.; redefining the terms “basic
671 local telecommunications service,” “nonbasic service,”
672 and “telecommunications company”; amending s. 364.04,
673 F.S.; requiring each telecommunications company to
674 publish through electronic or physical media the
675 company’s schedules showing its rates, tolls, rentals,
676 contracts, and charges; authorizing a
677 telecommunications company to file the published
678 schedules with the Public Service Commission or to
679 publish the schedules through other reasonably
680 publicly accessible means, including on a website;
681 deleting standards for printing schedules and notices;
682 amending s. 364.051, F.S.; removing a limitation on
683 eligibility to request an increase in basic rates due
684 to storm damage; deleting provisions relating to rate
685 increases for nonbasic services; amending s. 364.08,
686 F.S.; prohibiting a telecommunications company from
687 charging or receiving compensation for any service
688 other than for the charge applicable to the service as
689 specified in its schedule on file or otherwise
690 published; providing an exception for employee
691 concessions; repealing s. 364.09, F.S., relating to
692 the illegal giving of rebates or special rates by a
693 telecommunications company; amending s. 364.10, F.S.;
694 providing the conditions that require a
695 telecommunications carrier to provide Lifeline
696 services to eligible customers; amending s. 364.15,
697 F.S.; requiring that the Public Service Commission
698 order only those repairs and improvements to
699 telecommunications facilities which are authorized
700 under law; amending s. 364.33, F.S.; providing that a
701 certificate of necessity may be transferred from a
702 person holding a certificate to another, and a person
703 holding a certificate may acquire ownership or control
704 of a telecommunications facility without prior
705 approval of the commission; amending ss. 364.335 and
706 364.345, F.S.; conforming provisions to changes made
707 in the act; amending s. 364.3376, F.S.; requiring
708 providers of telephone operator services to comply
709 with certain enumerated criteria; requiring the
710 operator services to bill for services in accordance
711 with published schedules; amending s. 364.3382, F.S.;
712 requiring each local exchange telecommunications
713 company to advise each residential customer of the
714 least-cost service available to that customer when the
715 residential customer initially requests basic local
716 telecommunications service; amending s. 364.603, F.S.;
717 providing procedures for resolving complaints
718 regarding preferred carrier freezes on local exchange
719 service; amending ss. 364.059 and 364.105, F.S.;
720 conforming cross-references; providing an effective
721 date.