HB 1231

1	A bill to be entitled
2	An act relating to telecommunications; creating the
3	"Regulatory Reform Act"; amending s. 364.01, F.S.;
4	revising legislative intent with respect to the
5	jurisdiction of the Florida Public Service Commission;
6	amending s. 364.011, F.S.; providing that certain basic
7	and nonbasic telecommunication services are exempt from
8	the jurisdiction of the Public Service Commission;
9	amending s. 364.012, F.S.; requiring local exchange
10	telecommunications companies to provide unbundled access
11	to network elements; amending s. 364.0135, F.S.; providing
12	legislative intent relating to the sustainable adoption of
13	broadband Internet service; providing a definition of
14	"sustainable adoption" as it relates to broadband Internet
15	services; removing obsolete legislative intent;
16	authorizing the Department of Management Services to work
17	collaboratively with, and to receive staffing support and
18	other resources from, Enterprise Florida, Inc., state
19	agencies, local governments, private businesses, and
20	community organizations to encourage sustainable adoption
21	of broadband Internet services; authorizing the department
22	to adopt rules; repealing ss. 364.015 and 364.016, F.S.,
23	relating to injunctive relief and travel costs of the
24	commission; amending s. 364.02, F.S.; removing definitions
25	for "monopoly service," "operator service," and "operator
26	service provider," and adding a definition for "VoIP";
27	repealing ss. 364.025, 364.0251, and 364.0252, F.S.,
28	relating to uniform telecommunications service, a
29	telecommunications consumer information program, and the
30	expansion of consumer information programs, respectively;
31	amending s. 364.04, F.S.; providing that the commission
32	has no jurisdiction over the content, form, or format of
33	rate schedules published by a telecommunications company;
34	providing that a telecommunications company may undertake
35	certain activities; repealing ss. 364.051, 364.052,
36	364.057, 364.058, 364.059, 364.06, 364.063, 364.07, and
37	364.08, F.S., relating to price regulation, regulatory
38	methods for small local exchange telecommunications
39	companies, experimental and transitional rates, limited
40	proceedings, procedures for seeking a stay of proceedings,
41	joint rates, tolls, and contracts, rate adjustment orders,
42	intrastate interexchange service contracts, and unlawful
43	charges against consumers, respectively; amending s.
44	364.10, F.S.; removing obsolete provisions; requiring an
45	eligible telecommunications carrier to provide a Lifeline
46	Assistance Plan to qualified residential subscribers;
47	repealing s. 364.15, F.S., relating to repairs,
48	improvements, and additions to telecommunication
49	facilities; amending s. 364.16, F.S., relating to
50	interconnection, unbundling, and resale of
51	telecommunication services; requiring the commission to,
52	upon request, arbitrate and enforce interconnection
53	agreements; prohibiting a telecommunications company from
54	knowingly delivering traffic for which terminating access
55	service charges would otherwise apply; authorizing the
56	commission to adopt rules to prevent the unauthorized
57	changing of a subscriber's telecommunications service;
58	removing obsolete provisions relating to local exchange
59	telecommunications companies; repealing ss. 364.161 and
60	364.162, F.S., relating to unbundling and resale of
61	telecommunication services and negotiated prices for
62	interconnection services, respectively; amending s.
63	364.163, F.S.; conforming provisions to changes made by
64	the act; amending s. 364.183, F.S.; revising provisions
65	relating to access of the commission to certain records of
66	a telecommunications company; repealing ss. 364.185,
67	364.19, and 364.27, F.S., relating to powers of the
68	commission to investigate and inspect any premises of a
69	telecommunications company, regulation of
70	telecommunication contracts, and powers and duties as to
71	interstate rates, respectively; amending s. 364.33, F.S.,
72	relating to the certificate of authority; prohibiting a
73	person from providing any telecommunications service to
74	the public without a certificate of necessity or a
75	certificate of authority issued by the commission;
76	providing that, after a specified date, the commission
77	will no longer issue certificates of necessity; amending
78	s. 364.335, F.S.; requiring an applicant to provide
79	certain information when applying for a certificate of
80	authority; describing the criteria necessary to be granted
81	a certificate of authority; authorizing a
82	telecommunications company to terminate a certificate of
83	authority; repealing s. 364.337, F.S., relating to
84	competitive local exchange companies; amending s.
85	364.3375, F.S., relating to pay telephone service
86	providers; requiring pay telephone providers to obtain a
87	certificate of authority from the commission; repealing
88	ss. 364.3376, 364.3381, 364.3382, 364.339, 364.345, and
89	364.37, F.S., relating to operator services, cross-
90	subsidization, cost disclosures, certificates for
91	territories served, shared tenant services, and powers of
92	the commission relating to service territories,
93	respectively; amending s. 364.385, F.S.; removing obsolete
94	provisions relating to saving clauses; amending s.
95	364.386, F.S.; revising the content to be included in the
96	report to be filed with the Legislature; repealing ss.
97	364.501, 364.503, 364.506, 364.507, 364.508, 364.515,
98	364.516, 364.601, 364.602, 364.603, and 364.604, F.S.,
99	relating to the prevention of damages to underground
100	telecommunication facilities, mergers or acquisitions, a
101	short title for education facilities, legislative intent
102	for advanced telecommunication services to eligible
103	facilities, definitions, infrastructure investments,
104	penalties for failing to provide advanced
105	telecommunication services, the short title for
106	telecommunication consumer protections, definitions, the
107	methodology for protecting consumers for changing
108	telecommunication providers, and billing procedures to
109	inform and protect the consumer, respectively; amending
110	ss. 196.012, 199.183, 212.08, 290.007, 350.0605, 364.105,
111	364.32, and 489.103, F.S.; revising cross-references to
112	conform to changes made by the act; providing an effective
113	date.
114
115	Be It Enacted by the Legislature of the State of Florida:
116
117	Section 1.  This act may be cited as the "Regulatory Reform
118	Act."
119	Section 2.  Section 364.01, Florida Statutes, is amended to
120	read:
121	364.01  Powers of commission, legislative intent.-
122	(1)  The Florida Public Service Commission shall exercise
123	over and in relation to telecommunications companies the powers
124	conferred by this chapter.
125	(2)  It is the legislative intent to give exclusive
126	jurisdiction in all matters set forth in this chapter to the
127	Florida Public Service Commission in regulating
128	telecommunications companies, and such preemption shall
129	supersede any local or special act or municipal charter where
130	any conflict of authority may exist. However, the provisions of
131	this chapter does shall not affect the authority and powers
132	granted in s. 166.231(9) or s. 337.401.
133	(3)  Communications activities that are not regulated by
134	the Florida Public Service Commission, including, but not
135	limited to, VoIP, wireless, and broadband, are subject to this
136	state's generally applicable business regulation and deceptive
137	trade practices and consumer protection laws, as enforced by the
138	appropriate state authority or through actions in the judicial
139	system. This chapter does not limit the availability to any
140	party of any remedy or defense under state or federal antitrust
141	laws. The Legislature finds that the competitive provision of
142	telecommunications services, including local exchange
143	telecommunications service, is in the public interest and has
144	provided will provide customers with freedom of choice,
145	encouraged encourage the introduction of new telecommunications
146	service, encouraged encourage technological innovation, and
147	encouraged encourage investment in telecommunications
148	infrastructure. The Legislature further finds that the
149	transition from the monopoly provision of local exchange service
150	to the competitive provision thereof will require appropriate
151	regulatory oversight to protect consumers and provide for the
152	development of fair and effective competition, but nothing in
153	this chapter shall limit the availability to any party of any
154	remedy under state or federal antitrust laws. The Legislature
155	further finds that changes in regulations allowing increased
156	competition in telecommunications services could provide the
157	occasion for increases in the telecommunications workforce;
158	therefore, it is in the public interest that competition in
159	telecommunications services lead to a situation that enhances
160	the high-technological skills and the economic status of the
161	telecommunications workforce. The Legislature further finds that
162	the provision of voice-over-Internet protocol (VoIP) free of
163	unnecessary regulation, regardless of the provider, is in the
164	public interest.
165	(4)  The commission shall exercise its exclusive
166	jurisdiction in order to:
167	(a)  Protect the public health, safety, and welfare by
168	ensuring that basic local telecommunications services are
169	available to all consumers in the state at reasonable and
170	affordable prices.
171	(b)  Encourage competition through flexible regulatory
172	treatment among providers of telecommunications services in
173	order to ensure the availability of the widest possible range of
174	consumer choice in the provision of all telecommunications
175	services.
176	(c)  Protect the public health, safety, and welfare by
177	ensuring that monopoly services provided by telecommunications
178	companies continue to be subject to effective price, rate, and
179	service regulation.
180	(d)  Promote competition by encouraging innovation and
181	investment in telecommunications markets and by allowing a
182	transitional period in which new and emerging technologies are
183	subject to a reduced level of regulatory oversight.
184	(e)  Encourage all providers of telecommunications services
185	to introduce new or experimental telecommunications services
186	free of unnecessary regulatory restraints.
187	(f)  Eliminate any rules or regulations which will delay or
188	impair the transition to competition.
189	(g)  Ensure that all providers of telecommunications
190	services are treated fairly, by preventing anticompetitive
191	behavior and eliminating unnecessary regulatory restraint.
192	(h)  Recognize the continuing emergence of a competitive
193	telecommunications environment through the flexible regulatory
194	treatment of competitive telecommunications services, where
195	appropriate, if doing so does not reduce the availability of
196	adequate basic local telecommunications service to all citizens
197	of the state at reasonable and affordable prices, if competitive
198	telecommunications services are not subsidized by monopoly
199	telecommunications services, and if all monopoly services are
200	available to all competitors on a nondiscriminatory basis.
201	(i)  Continue its historical role as a surrogate for
202	competition for monopoly services provided by local exchange
203	telecommunications companies.
204	Section 3.  Section 364.011, Florida Statutes, is amended
205	to read:
206	364.011  Exemptions from commission jurisdiction.-The
207	following services are exempt from oversight by the commission,
208	except to the extent delineated in this chapter or specifically
209	authorized by federal law:
210	(1)  Intrastate interexchange telecommunications services.
211	(2)  Broadband services, regardless of the provider,
212	platform, or protocol.
213	(3)  VoIP.
214	(4)  Wireless telecommunications, including commercial
215	mobile radio service providers.
216	(5)  Basic service.
217	(6)  Nonbasic services.
218	Section 4.  Subsection (2) of section 364.012, Florida
219	Statutes, is amended to read:
220	364.012  Consistency with federal law.-
221	(2)  This chapter does not limit or modify the duties of a
222	local exchange telecommunications company carrier to provide
223	unbundled access to network elements or the commission's
224	authority to arbitrate and enforce interconnection agreements to
225	the extent that those elements are required under 47 U.S.C. ss.
226	251 and 252, and under any regulations issued by the Federal
227	Communications Commission at rates determined in accordance with
228	the standards established by the Federal Communications
229	Commission pursuant to 47 C.F.R. ss. 51.503-51.513, inclusive of
230	any successor regulation or successor forbearance of regulation.
231	Section 5.  Section 364.0135, Florida Statutes, is amended
232	to read:
233	364.0135  Promotion of broadband adoption deployment.-
234	(1)  The Legislature finds that the sustainable adoption of
235	broadband Internet service is critical to the economic and
236	business development of the state and is beneficial for
237	libraries, schools, colleges and universities, health care
238	providers, and community organizations. The term "sustainable
239	adoption" means the ability for communications service providers
240	to offer broadband services in all areas of the state by
241	encouraging adoption and utilization levels that allow for these
242	services to be offered in the free market absent the need for
243	governmental subsidy. The Legislature further finds that
244	barriers exist to the statewide deployment of broadband Internet
245	service, especially in rural, unserved, or underserved
246	communities. The Legislature therefore intends to promote the
247	efficient and effective deployment of broadband Internet service
248	throughout the state through a coordinated statewide effort.
249	(2)  The Department of Management Services is authorized to
250	work collaboratively with, and to receive staffing support and
251	other resources from, Enterprise Florida, Inc., state agencies,
252	local governments, private businesses, and community
253	organizations to:
254	(a)  Monitor the adoption of Conduct a needs assessment of
255	broadband Internet service in collaboration with communications
256	service providers, including, but not limited to, wireless and
257	wireline Internet service providers, to develop geographical
258	information system maps at the census tract level that will:
259	1.  Identify geographic gaps in broadband services,
260	including areas unserved by any broadband provider and areas
261	served by a single broadband provider;
262	2.  Identify the download and upload transmission speeds
263	made available to businesses and individuals in the state, at
264	the census tract level of detail, using data rate benchmarks for
265	broadband service used by the Federal Communications Commission
266	to reflect different speed tiers; and
267	3.  Provide a baseline assessment of statewide broadband
268	deployment in terms of percentage of households with broadband
269	availability.
270	(b)  Create a strategic plan that has goals and strategies
271	for increasing the use of broadband Internet service in the
272	state.
273	(c)  Build and facilitate local technology planning teams
274	or partnerships with members representing cross-sections of the
275	community, which may include, but are not limited to,
276	representatives from the following organizations and industries:
277	libraries, K-12 education, colleges and universities, local
278	health care providers, private businesses, community
279	organizations, economic development organizations, local
280	governments, tourism, parks and recreation, and agriculture.
281	(d)  Encourage the use of broadband Internet service,
282	especially in the rural, unserved, and underserved communities
283	of the state through grant programs having effective strategies
284	to facilitate the statewide deployment of broadband Internet
285	service. For any grants to be awarded, priority must be given to
286	projects that:
287	1.  Provide access to broadband education, awareness,
288	training, access, equipment, and support to libraries, schools,
289	colleges and universities, health care providers, and community
290	support organizations.
291	2.  Encourage the sustainable adoption of broadband in
292	primarily unserved areas by removing barriers to entry, such as
293	unreasonably high pole-attachment rates investments in primarily
294	unserved areas to give consumers a choice of more than one
295	broadband Internet service provider.
296	3.  Work toward encouraging investments in establishing
297	affordable and sustainable broadband Internet service in
298	unserved areas of the state.
299	4.  Facilitate the development of applications, programs,
300	and services, including, but not limited to, telework,
301	telemedicine, and e-learning to increase the usage of, and
302	demand for, broadband Internet service in the state.
303	(3)  The department may apply for and accept federal funds
304	for purposes of this section, as well as gifts and donations
305	from individuals, foundations, and private organizations.
306	(4)  The department may is authorized to enter into
307	contracts necessary or useful to carry out the purposes of this
308	section.
309	(5)  The department may is authorized to establish any
310	committee or workgroup to administer and carry out the purposes
311	of this section.
312	(6)  The department may is authorized to adopt rules
313	necessary to carry out the purposes of this section. Any rule,
314	contract, grant, or other activity undertaken by the department
315	shall ensure that all entities are in compliance with any
316	applicable federal or state laws, rules, and regulations,
317	including, but not limited to, those applicable to private
318	entities providing communications services for hire and the
319	requirements of s. 350.81, including, without limitation, the
320	authority to establish definitions of terms pertinent to this
321	section.
322	Section 6.  Section 364.015, Florida Statutes, is repealed.
323	Section 7.  Section 364.016, Florida Statutes, is repealed.
324	Section 8.  Section 364.02, Florida Statutes, is amended to
325	read:
326	364.02  Definitions.-As used in this chapter, the term:
327	(1)  "Basic local telecommunications service" means voice-
328	grade, single-line, flat-rate residential local exchange service
329	that provides dial tone, local usage necessary to place
330	unlimited calls within a local exchange area, dual tone
331	multifrequency dialing, and access to the following: emergency
332	services such as "911," all locally available interexchange
333	companies, directory assistance, operator services, and relay
334	services, and an alphabetical directory listing. For a local
335	exchange telecommunications company, the term includes any
336	extended area service routes, and extended calling service in
337	existence or ordered by the commission on or before July 1,
338	1995.
339	(2)  "Broadband service" means any service that consists of
340	or includes the offering of the capability to transmit or
341	receive information at a rate that is not less than 200 kilobits
342	per second and either:
343	(a)  Is used to provide access to the Internet; or
344	(b)  Provides computer processing, information storage,
345	information content, or protocol conversion in combination with
346	the service.
347
348	The definition of broadband service does not include any
349	intrastate telecommunications services that have been tariffed
350	with the commission on or before January 1, 2005.
351	(3)  "Commercial mobile radio service provider" means a
352	commercial mobile radio service provider as defined by and
353	pursuant to 47 U.S.C. ss. 153(27) and 332(d).
354	(4)  "Commission" means the Florida Public Service
355	Commission.
356	(5)  "Competitive local exchange telecommunications
357	company" means any company certificated by the commission to
358	provide local exchange telecommunications services in this state
359	on or after July 1, 1995.
360	(6)  "Corporation" includes a corporation, company,
361	association, or joint stock association.
362	(7)  "Intrastate interexchange telecommunications company"
363	means any entity that provides intrastate interexchange
364	telecommunications services.
365	(8)  "Local exchange telecommunications company" means any
366	company certificated by the commission to provide local exchange
367	telecommunications service in this state on or before June 30,
368	1995.
369	(9)  "Monopoly service" means a telecommunications service
370	for which there is no effective competition, either in fact or
371	by operation of law.
372	(9)(10)  "Nonbasic service" means any telecommunications
373	service provided by a local exchange telecommunications company
374	other than a basic local telecommunications service, a local
375	interconnection, resale, or unbundling pursuant to arrangement
376	described in s. 364.16, or a network access service described in
377	s. 364.163. Any combination of basic service along with a
378	nonbasic service or an unregulated service is nonbasic service.
379	(11)  "Operator service" includes, but is not limited to,
380	billing or completion of third-party, person-to-person, collect,
381	or calling card or credit card calls through the use of a live
382	operator or automated equipment.
383	(12)  "Operator service provider" means a person who
384	furnishes operator service through a call aggregator.
385	(10)(13)  "Service" is to be construed in its broadest and
386	most inclusive sense. The term "service" does not include
387	broadband service or voice-over-Internet protocol service for
388	purposes of regulation by the commission. Nothing herein shall
389	affect the rights and obligations of any entity related to the
390	payment of switched network access rates or other intercarrier
391	compensation, if any, related to voice-over-Internet protocol
392	service. Notwithstanding s. 364.013, and the exemption of
393	services pursuant to this subsection, the commission may
394	arbitrate, enforce, or approve interconnection agreements, and
395	resolve disputes as provided by 47 U.S.C. ss. 251 and 252, or
396	any other applicable federal law or regulation. With respect to
397	the services exempted in this subsection, regardless of the
398	technology, the duties of a local exchange telecommunications
399	company are only those that the company is obligated to extend
400	or provide under applicable federal law and regulations.
401	(11)(14)  "Telecommunications company" includes every
402	corporation, partnership, and person and their lessees,
403	trustees, or receivers appointed by any court whatsoever, and
404	every political subdivision in the state, offering two-way
405	telecommunications service to the public for hire within this
406	state by the use of a telecommunications facility. The term
407	"telecommunications company" does not include:
408	(a)  An entity that provides a telecommunications facility
409	exclusively to a certificated telecommunications company;
410	(b)  An entity that provides a telecommunications facility
411	exclusively to a company which is excluded from the definition
412	of a telecommunications company under this subsection;
413	(c)  A commercial mobile radio service provider;
414	(d)  A facsimile transmission service;
415	(e)  A private computer data network company not offering
416	service to the public for hire;
417	(f)  A cable television company providing cable service as
418	defined in 47 U.S.C. s. 522; or
419	(g)  An intrastate interexchange telecommunications
420	company.
421
422	However, each commercial mobile radio service provider and each
423	intrastate interexchange telecommunications company shall
424	continue to be liable for any taxes imposed under chapters 202,
425	203, and 212 and any fees assessed under s. 364.025. Each
426	intrastate interexchange telecommunications company shall
427	continue to be subject to s. ss. 364.04, 364.10(3)(a) and (d),
428	364.163, 364.285, 364.336, 364.501, 364.603, and 364.604, shall
429	provide the commission with the current information as the
430	commission deems necessary to contact and communicate with the
431	company, and shall continue to pay intrastate switched network
432	access rates or other intercarrier compensation to the local
433	exchange telecommunications company or the competitive local
434	exchange telecommunications company for the origination and
435	termination of interexchange telecommunications service.
436	(12)(15)  "Telecommunications facility" includes real
437	estate, easements, apparatus, property, and routes used and
438	operated to provide two-way telecommunications service to the
439	public for hire within this state.
440	(13)(16)  "VoIP" means any service that:
441	(a)  Enables real-time, two-way voice communications that
442	originate from or terminate to the user's location in Internet
443	Protocol or any successor protocol;
444	(b)  Uses a broadband connection from the user's location;
445	and
446	(c)  Permits users generally to receive calls that
447	originate on the public switched telephone network and to
448	terminate calls to the public switched telephone network the
449	voice-over-Internet protocol as that term is defined in federal
450	law.
451	Section 9.  Section 364.025, Florida Statutes, is repealed.
452	Section 10.  Section 364.0251, Florida Statutes, is
453	repealed.
454	Section 11.  Section 364.0252, Florida Statutes, is
455	repealed.
456	Section 12.  Section 364.04, Florida Statutes, is amended
457	to read:
458	364.04  Schedules of rates, tolls, rentals, and charges;
459	filing; public inspection.-
460	(1)  Every telecommunications company shall publish through
461	electronic or physical media schedules showing the rates, tolls,
462	rentals, and charges of that company for service to be offered
463	performed within the state. The commission shall have no
464	jurisdiction over the content or form or format of such
465	published schedules. A telecommunications company may, as an
466	option, file the published schedules with the commission or
467	publish its schedules through other reasonably publicly
468	accessible means, including on a website. A telecommunications
469	company that does not file its schedules with the commission
470	shall inform its customers where a customer may view the
471	telecommunications company's schedules.
472	(2)  This chapter does not prohibit a telecommunications
473	company from:
474	(a)  Entering into contracts establishing rates, tolls,
475	rentals, and charges that differ from its published schedules or
476	offering services that are not included in its published
477	schedules; or
478	(b)  Meeting competitive offerings in a specific geographic
479	market or to a specific customer.
480	(3)  This section does not apply to the rates, terms, and
481	conditions established pursuant to 47 U.S.C. ss. 251 and 252.
482	The schedules shall plainly state the places telecommunications
483	service will be rendered and shall also state separately all
484	charges and all privileges or facilities granted or allowed and
485	any rules or regulations or forms of contract which may in
486	anywise change, affect, or determine any of the aggregate of the
487	rates, tolls, rentals, or charges for the service rendered.
488	Section 13.  Section 364.051, Florida Statutes, is
489	repealed.
490	Section 14.  Section 364.052, Florida Statutes, is
491	repealed.
492	Section 15.  Section 364.057, Florida Statutes, is
493	repealed.
494	Section 16.  Section 364.058, Florida Statutes, is
495	repealed.
496	Section 17.  Section 364.059, Florida Statutes, is
497	repealed.
498	Section 18.  Section 364.06, Florida Statutes, is repealed.
499	Section 19.  Section 364.063, Florida Statutes, is
500	repealed.
501	Section 20.  Section 364.07, Florida Statutes, is repealed.
502	Section 21.  Section 364.08, Florida Statutes, is repealed.
503	Section 22.  Section 364.10, Florida Statutes, is amended
504	to read:
505	364.10  Undue advantage to person or locality prohibited;
506	Lifeline service.-
507	(1)  A telecommunications company may not make or give any
508	undue or unreasonable preference or advantage to any person or
509	locality or subject any particular person or locality to any
510	undue or unreasonable prejudice or disadvantage in any respect
511	whatsoever.
512	(1)(2)(a)  The prohibitions of subsection (1)
513	notwithstanding, An eligible telecommunications carrier shall
514	provide a Lifeline Assistance Plan to qualified residential
515	subscribers, as defined in the eligible telecommunications
516	carrier's published schedules a commission-approved tariff or
517	price list, and a preferential rate to eligible facilities as
518	provided for in part II. For the purposes of this section, the
519	term "eligible telecommunications carrier" means a
520	telecommunications company, as defined by s. 364.02, which is
521	designated as an eligible telecommunications carrier by the
522	commission pursuant to 47 C.F.R. s. 54.201.
523	(b)  An eligible telecommunications carrier shall offer a
524	consumer who applies for or receives Lifeline service the option
525	of blocking all toll calls or, if technically capable, placing a
526	limit on the number of toll calls a consumer can make. The
527	eligible telecommunications carrier may not charge the consumer
528	an administrative charge or other additional fee for blocking
529	the service.
530	(c)  An eligible telecommunications carrier may not collect
531	a service deposit in order to initiate Lifeline service if the
532	qualifying low-income consumer voluntarily elects toll blocking
533	or toll limitation. If the qualifying low-income consumer elects
534	not to place toll blocking on the line, an eligible
535	telecommunications carrier may charge a service deposit.
536	(d)  An eligible telecommunications carrier may not charge
537	Lifeline subscribers a monthly number-portability charge.
538	(e)1.  An eligible telecommunications carrier must notify a
539	Lifeline subscriber of impending termination of Lifeline service
540	if the company has a reasonable basis for believing that the
541	subscriber no longer qualifies. Notification of pending
542	termination must be in the form of a letter that is separate
543	from the subscriber's bill.
544	2.  An eligible telecommunications carrier shall allow a
545	subscriber 60 days following the date of the pending termination
546	letter to demonstrate continued eligibility. The subscriber must
547	present proof of continued eligibility. An eligible
548	telecommunications carrier may transfer a subscriber off of
549	Lifeline service, pursuant to its tariff, if the subscriber
550	fails to demonstrate continued eligibility.
551	3.  The commission shall establish procedures for such
552	notification and termination.
553	(f)  An eligible telecommunications carrier shall timely
554	credit a consumer's bill with the Lifeline Assistance credit as
555	soon as practicable, but no later than 60 days following receipt
556	of notice of eligibility from the Office of Public Counsel or
557	proof of eligibility from the consumer.
558	(2)(3)(a)  Each local exchange telecommunications company
559	that has more than 1 million access lines and that is designated
560	as an eligible telecommunications carrier shall, and any
561	commercial mobile radio service provider designated as an
562	eligible telecommunications carrier pursuant to 47 U.S.C. s.
563	214(e) may, upon filing a notice of election to do so with the
564	commission, provide Lifeline service to any otherwise eligible
565	customer or potential customer who meets an income eligibility
566	test at 150 percent or less of the federal poverty income
567	guidelines for Lifeline customers. Such a test for eligibility
568	must augment, rather than replace, the eligibility standards
569	established by federal law and based on participation in certain
570	low-income assistance programs. Each intrastate interexchange
571	telecommunications company shall file or publish a schedule
572	providing at a minimum the intrastate interexchange
573	telecommunications company's carrier's current Lifeline benefits
574	and exemptions to Lifeline customers who meet the income
575	eligibility test set forth in this subsection. The Office of
576	Public Counsel shall certify and maintain claims submitted by a
577	customer for eligibility under the income test authorized by
578	this subsection.
579	(b)  Each eligible telecommunications carrier subject to
580	this subsection shall provide to each state and federal agency
581	providing benefits to persons eligible for Lifeline service
582	applications, brochures, pamphlets, or other materials that
583	inform the persons of their eligibility for Lifeline, and each
584	state agency providing the benefits shall furnish the materials
585	to affected persons at the time they apply for benefits.
586	(c)  Any local exchange telecommunications company customer
587	receiving Lifeline benefits shall not be subject to any
588	residential basic local telecommunications service rate
589	increases authorized by s. 364.164 until the local exchange
590	telecommunications company reaches parity as defined in s.
591	364.164(5) or until the customer no longer qualifies for the
592	Lifeline benefits established by this section or s. 364.105, or
593	unless otherwise determined by the commission upon petition by a
594	local exchange telecommunications company.
595	(c)(d)  An eligible telecommunications carrier may not
596	discontinue basic local telecommunications exchange telephone
597	service to a subscriber who receives Lifeline service because of
598	nonpayment by the subscriber of charges for nonbasic services
599	billed by the telecommunications company, including long-
600	distance service. A subscriber who receives Lifeline service
601	shall pay all applicable basic local telecommunications exchange
602	service fees, including the subscriber line charge, E-911,
603	telephone relay system charges, and applicable state and federal
604	taxes.
605	(d)(e)  An eligible telecommunications carrier may not
606	refuse to connect, reconnect, or provide Lifeline service
607	because of unpaid toll charges or nonbasic charges other than
608	basic local telecommunications exchange service.
609	(e)(f)  An eligible telecommunications carrier may require
610	that payment arrangements be made for outstanding debt
611	associated with basic local telecommunications exchange service,
612	subscriber line charges, E-911, telephone relay system charges,
613	and applicable state and federal taxes.
614	(f)(g)  An eligible telecommunications carrier may block a
615	Lifeline service subscriber's access to all long-distance
616	service, except for toll-free numbers, and may block the ability
617	to accept collect calls when the subscriber owes an outstanding
618	amount for long-distance service or amounts resulting from
619	collect calls. However, the eligible telecommunications carrier
620	may not impose a charge for blocking long-distance service. The
621	eligible telecommunications carrier shall remove the block at
622	the request of the subscriber without additional cost to the
623	subscriber upon payment of the outstanding amount. An eligible
624	telecommunications carrier may charge a service deposit before
625	removing the block.
626	(g)(h)1.  By December 31, 2010, each state agency that
627	provides benefits to persons eligible for Lifeline service shall
628	undertake, in cooperation with the Department of Children and
629	Family Services, the Department of Education, the commission,
630	the Office of Public Counsel, and telecommunications companies
631	designated eligible telecommunications carriers providing
632	Lifeline services, the development of procedures to promote
633	Lifeline participation. The departments, the commission, and the
634	Office of Public Counsel may exchange sufficient information
635	with the appropriate eligible telecommunications carriers and
636	any commercial mobile radio service provider electing to provide
637	Lifeline service under paragraph (a), such as a person's name,
638	date of birth, service address, and telephone number, so that
639	the carriers can identify and enroll an eligible person in the
640	Lifeline and Link-Up programs. The information remains
641	confidential pursuant to s. 364.107 and may only be used for
642	purposes of determining eligibility and enrollment in the
643	Lifeline and Link-Up programs.
644	2.  If any state agency determines that a person is
645	eligible for Lifeline services, the agency shall immediately
646	forward the information to the commission to ensure that the
647	person is automatically enrolled in the program with the
648	appropriate eligible telecommunications carrier. The state
649	agency shall include an option for an eligible customer to
650	choose not to subscribe to the Lifeline service. The Public
651	Service Commission and the Department of Children and Family
652	Services shall, no later than December 31, 2007, adopt rules
653	creating procedures to automatically enroll eligible customers
654	in Lifeline service.
655	3.  By December 31, 2010, the commission, the Department of
656	Children and Family Services, the Office of Public Counsel, and
657	each eligible telecommunications carrier offering Lifeline and
658	Link-Up services shall convene a Lifeline Workgroup to discuss
659	how the eligible subscriber information in subparagraph 1. will
660	be shared, the obligations of each party with respect to the use
661	of that information, and the procedures to be implemented to
662	increase enrollment and verify eligibility in these programs.
663	(h)(i)  The commission shall report to the Governor, the
664	President of the Senate, and the Speaker of the House of
665	Representatives by December 31 each year on the number of
666	customers who are subscribing to Lifeline service and the
667	effectiveness of any procedures to promote participation.
668	(i)(j)  The commission shall adopt rules to administer this
669	section.
670	Section 23.  Section 364.15, Florida Statutes, is repealed.
671	Section 24.  Section 364.16, Florida Statutes, is amended
672	to read:
673	364.16  Connection of lines and transfers; Local
674	interconnection, unbundling, and resale; telephone number
675	portability.-
676	(1)  The Legislature finds that the competitive provision
677	of local exchange service requires appropriate regulatory
678	oversight of carrier-to-carrier relationships to provide for the
679	development of fair and effective competition.
680	(2)  It is the intent of the Legislature that in resolving
681	disputes, the commission shall treat all providers of
682	telecommunications services fairly by preventing anticompetitive
683	behavior.
684	(3)  The commission shall, upon request, arbitrate and
685	enforce interconnection agreements pursuant to 47 U.S.C. ss. 251
686	and 252 and the Federal Communications Commission's orders and
687	regulations implementing those sections. The commission has the
688	authority to resolve disputes among carriers concerning
689	violations of this chapter and under the authority conferred by
690	federal law to resolve such disputes, including, but not limited
691	to, federal law addressing resale of services, number
692	portability, dialing parity, access to rights of way, access to
693	poles and conduits, and reciprocal compensation. However, this
694	section does not confer jurisdiction on the commission for
695	matters that are exempt from commission jurisdiction under ss.
696	364.011 and 364.013.
697	(4)  A telecommunications company may not knowingly deliver
698	traffic, for which terminating access service charges would
699	otherwise apply, through a local interconnection arrangement
700	without paying the appropriate charges for such terminating
701	access service. Any party having a substantial interest may
702	petition the commission for an investigation of any suspected
703	violation of this subsection. If any telecommunications company
704	knowingly violates this subsection, the commission has
705	jurisdiction to arbitrate bona fide complaints arising from the
706	requirements of this subsection and shall, upon such complaint,
707	have access to all relevant customer records and accounts of any
708	telecommunications company.
709	(5)  The commission shall adopt rules to prevent the
710	unauthorized changing of a subscriber's telecommunications
711	service. Such rules shall be consistent with the
712	Telecommunications Act of 1996, provide for specific
713	verification methodologies, provide for the notification to
714	subscribers of the ability to freeze the subscriber's choice of
715	carriers at no charge, allow for a subscriber's change to be
716	considered valid if verification was performed consistent with
717	commission rules, provide remedies for violations of the rules,
718	and allow for the imposition of other penalties available under
719	this chapter. The commission shall resolve on an expedited basis
720	any complaints of anticompetitive behavior concerning a local
721	preferred carrier freeze. The telecommunications company that is
722	asserting the existence of a local preferred carrier freeze,
723	which is the subject of a complaint, has the burden of proving
724	through competent evidence that the subscriber did in fact
725	request the freeze.
726	(6)  Upon petition, the commission may conduct a limited or
727	expedited proceeding to consider and act upon any matter under
728	this section. The commission shall determine the issues to be
729	considered during such a proceeding and may grant or deny any
730	request to expand the scope of the proceeding to include other
731	matters. The commission shall implement an expedited process to
732	facilitate the quick resolution of disputes between
733	telecommunications companies. The process implemented by the
734	commission shall, to the greatest extent feasible, minimize the
735	time necessary to reach a decision on a dispute. The commission
736	may limit the use of the expedited process based on the number
737	of parties, the number of issues, or the complexity of the
738	issues. For any proceeding conducted pursuant to the expedited
739	process, the commission shall make its determination within 120
740	days after a petition is filed or a motion is made. The
741	commission shall adopt rules to administer this subsection.
742	(1)  Whenever the commission finds that connections between
743	any two or more local exchange telecommunications companies,
744	whose lines form a continuous line of communication or could be
745	made to do so by the construction and maintenance of suitable
746	connections at common points, can reasonably be made and
747	efficient service obtained, and that such connections are
748	necessary, the commission may require such connections to be
749	made, may require that telecommunications services be
750	transferred, and may prescribe through lines and joint rates and
751	charges to be made, used, observed, and in force in the future
752	and fix the rates and charges by order to be served upon the
753	company or companies affected.
754	(2)  Each competitive local exchange telecommunications
755	company shall provide access to, and interconnection with, its
756	telecommunications services to any other provider of local
757	exchange telecommunications services requesting such access and
758	interconnection at nondiscriminatory prices, terms, and
759	conditions. If the parties are unable to negotiate mutually
760	acceptable prices, terms, and conditions after 60 days, either
761	party may petition the commission and the commission shall have
762	120 days to make a determination after proceeding as required by
763	s. 364.162(2) pertaining to interconnection services.
764	(3)  Each local exchange telecommunications company shall
765	provide access to, and interconnection with, its
766	telecommunications facilities to any other provider of local
767	exchange telecommunications services requesting such access and
768	interconnection at nondiscriminatory prices, rates, terms, and
769	conditions established by the procedures set forth in s.
770	364.162.
771	(a)  No local exchange telecommunications company or
772	competitive local exchange telecommunications company shall
773	knowingly deliver traffic, for which terminating access service
774	charges would otherwise apply, through a local interconnection
775	arrangement without paying the appropriate charges for such
776	terminating access service.
777	(b)  Any party with a substantial interest may petition the
778	commission for an investigation of any suspected violation of
779	paragraph (a). In the event any certificated local exchange
780	service provider knowingly violates paragraph (a), the
781	commission shall have jurisdiction to arbitrate bona fide
782	complaints arising from the requirements of this subsection and
783	shall, upon such complaint, have access to all relevant customer
784	records and accounts of any telecommunications company.
785	(4)  In order to assure that consumers have access to
786	different local exchange service providers without being
787	disadvantaged, deterred, or inconvenienced by having to give up
788	the consumer's existing local telephone number, all providers of
789	local exchange services must have access to local telephone
790	numbering resources and assignments on equitable terms that
791	include a recognition of the scarcity of such resources and are
792	in accordance with national assignment guidelines. Each local
793	exchange provider, except small local exchange
794	telecommunications companies under rate of return regulation,
795	shall provide a temporary means of achieving telephone number
796	portability. The parties, under the direction of the commission,
797	shall set up a number portability standards group by no later
798	than September 1, 1995, for the purposes of investigation and
799	development of appropriate parameters, costs, and standards for
800	number portability. If the parties are unable to successfully
801	negotiate the prices, terms, and conditions of a temporary
802	number portability solution, the commission shall establish a
803	temporary number portability solution by no later than January
804	1, 1996. Each local exchange service provider shall make
805	necessary modifications to allow permanent portability of local
806	telephone numbers between certificated providers of local
807	exchange service as soon as reasonably possible after the
808	development of national standards. The parties shall negotiate
809	the prices, terms, and conditions for permanent telephone number
810	portability arrangements. In the event the parties are unable to
811	satisfactorily negotiate the prices, terms, and conditions,
812	either party may petition the commission and the commission
813	shall, after opportunity for a hearing, set the rates, terms,
814	and conditions. The prices and rates shall not be below cost.
815	Number portability between different certificated providers of
816	local exchange service at the same location shall be provided
817	temporarily no later than January 1, 1996.
818	(7)(5)  When requested, each certificated
819	telecommunications company shall provide access to any poles,
820	conduits, rights-of-way, and like facilities that it owns or
821	controls to any local exchange telecommunications company or
822	competitive local exchange telecommunications company pursuant
823	to reasonable rates and conditions mutually agreed to which do
824	not discriminate between similarly situated companies.
825	Section 25.  Section 364.161, Florida Statutes, is
826	repealed.
827	Section 26.  Section 364.162, Florida Statutes, is
828	repealed.
829	Section 27.  Section 364.163, Florida Statutes, is amended
830	to read:
831	364.163  Network access services.-For purposes of this
832	section, the term "network access service" is defined as any
833	service provided by a local exchange telecommunications company
834	to a telecommunications company certificated under this chapter
835	or licensed by the Federal Communications Commission to access
836	the local exchange telecommunications network, excluding the
837	local interconnection, resale, or unbundling pursuant to
838	arrangements in s. 364.16 and the resale arrangements in s.
839	364.161. Each local exchange telecommunications company subject
840	to s. 364.051 shall maintain tariffs with the commission
841	containing the terms, conditions, and rates for each of its
842	network access services. The switched network access service
843	rates in effect immediately prior to July 1, 2007, shall be, and
844	shall remain, capped at that level until July 1, 2010. An
845	interexchange telecommunications company may not institute any
846	intrastate connection fee or any similarly named fee.
847	Section 28.  Section 364.183, Florida Statutes, is amended
848	to read:
849	364.183  Access to company records.-
850	(1)  The commission shall have access to all records of a
851	telecommunications company which that are reasonably necessary
852	for the disposition of matters within the commission's
853	jurisdiction. The commission shall also have access to those
854	records of a local exchange telecommunications company's
855	affiliated companies, including its parent company, that are
856	reasonably necessary for the disposition of any matter
857	concerning an affiliated transaction or a claim of
858	anticompetitive behavior including claims of cross-subsidization
859	and predatory pricing. The commission may require a
860	telecommunications company to file records, reports or other
861	data directly related to matters within the commission's
862	jurisdiction in the form specified by the commission and may
863	require such company to retain such information for a designated
864	period of time. Upon request of the company or other person, any
865	records received by the commission which are claimed by the
866	company or other person to be proprietary confidential business
867	information shall be kept confidential and shall be exempt from
868	s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
869	(2)  Discovery in any docket or proceeding before the
870	commission shall be in the manner provided for in Rule 1.280 of
871	the Florida Rules of Civil Procedure. Upon a showing by a
872	company or other person and a finding by the commission that
873	discovery will require the disclosure of proprietary
874	confidential business information, the commission shall issue an
875	appropriate protective order designating the manner for handling
876	such information during the course of the proceeding and for
877	protecting such information from disclosure outside the
878	proceeding. Such proprietary confidential business information
879	shall be exempt from s. 119.07(1). Any records provided pursuant
880	to a discovery request for which proprietary confidential
881	business information status is requested shall be treated by the
882	commission and the Office of the Public Counsel and any other
883	party subject to the public records law as confidential and
884	shall be exempt from s. 119.07(1), pending a formal ruling on
885	such request by the commission or the return of the records to
886	the person providing the records. Any record which has been
887	determined to be proprietary confidential business information
888	and is not entered into the official record of the proceeding
889	shall be returned to the person providing the record within 60
890	days after the final order, unless the final order is appealed.
891	If the final order is appealed, any such record shall be
892	returned within 30 days after the decision on appeal. The
893	commission shall adopt the necessary rules to implement this
894	subsection.
895	(3)  The term "proprietary confidential business
896	information" means information, regardless of form or
897	characteristics, which is owned or controlled by the person or
898	company, is intended to be and is treated by the person or
899	company as private in that the disclosure of the information
900	would cause harm to the ratepayers or the person's or company's
901	business operations, and has not been disclosed unless disclosed
902	pursuant to a statutory provision, an order of a court or
903	administrative body, or private agreement that provides that the
904	information will not be released to the public. The term
905	includes, but is not limited to:
906	(a)  Trade secrets.
907	(b)  Internal auditing controls and reports of internal
908	auditors.
909	(c)  Security measures, systems, or procedures.
910	(d)  Information concerning bids or other contractual data,
911	the disclosure of which would impair the efforts of the company
912	or its affiliates to contract for goods or services on favorable
913	terms.
914	(e)  Information relating to competitive interests, the
915	disclosure of which would impair the competitive business of the
916	provider of information.
917	(f)  Employee personnel information unrelated to
918	compensation, duties, qualifications, or responsibilities.
919	(4)  Any finding by the commission that a record contains
920	proprietary confidential business information is effective for a
921	period set by the commission not to exceed 18 months, unless the
922	commission finds, for good cause, that the protection from
923	disclosure shall be for a specified longer period. The
924	commission shall order the return of a record containing
925	proprietary confidential business information when such record
926	is no longer necessary for the commission to conduct its
927	business. At that time, the commission shall order any other
928	person holding such record to return it to the person providing
929	the record. Any record containing proprietary confidential
930	business information which has not been returned at the
931	conclusion of the period set pursuant to this subsection shall
932	no longer be exempt from s. 119.07(1) unless the
933	telecommunications company or affected person shows, and the
934	commission finds, that the record continues to contain
935	proprietary confidential business information. Upon such
936	finding, the commission may extend the period for confidential
937	treatment for a period not to exceed 18 months unless the
938	commission finds, for good cause, that the protection from
939	disclosure shall be for a specified longer period. During
940	commission consideration of an extension, the record in question
941	remains exempt from s. 119.07(1). The commission shall adopt
942	rules to implement this subsection, which shall include notice
943	to the telecommunications company or affected person regarding
944	the expiration of confidential treatment.
945	Section 29.  Section 364.185, Florida Statutes, is
946	repealed.
947	Section 30.  Section 364.19, Florida Statutes, is repealed.
948	Section 31.  Section 364.27, Florida Statutes, is repealed.
949	Section 32.  Section 364.33, Florida Statutes, is amended
950	to read:
951	364.33  Certificate of necessity or authority prerequisite
952	to construction, operation, or control of telecommunications
953	facilities.-Except for a transfer of a certificate of necessity
954	from one person to another or to the parent or affiliate of a
955	certificated person as provided in this section, A person may
956	not provide begin the construction or operation of any
957	telecommunications services to the public without a certificate
958	of necessity or a certificate of authority. After July 1, 2011,
959	the commission shall cease to issue certificates of necessity,
960	but existing certificates of necessity remain valid. A
961	certificate of necessity or authority may be transferred to the
962	holder's parent company or an affiliate or another person
963	holding a certificate of necessity or authority, its parent
964	company, or an affiliate without prior approval of the
965	commission by giving written notice of the transfer to the
966	commission within 60 days after the completion of the transfer.
967	The transferee assumes the rights and obligations conferred by
968	the certificate. This section does not affect any obligation of
969	the transferee pursuant to 47 U.S.C. ss. 251 and 252 and the
970	Federal Communications Commission's orders and regulations
971	implementing those sections. facility, or any extension thereof
972	for the purpose of providing telecommunications services to the
973	public, or acquire ownership or control thereof, in whatever
974	manner, including the acquisition, transfer, or assignment of
975	majority organizational control or controlling stock ownership,
976	without prior approval. A certificate of necessity or control
977	thereof may be transferred from a person holding a certificate,
978	its parent or an affiliate to another person holding a
979	certificate, its parent or an affiliate, and a person holding a
980	certificate, its parent or an affiliate may acquire ownership or
981	control of a telecommunications facility through the
982	acquisition, transfer, or assignment of majority organizational
983	control or controlling stock ownership of a person holding a
984	certificate without prior approval of the commission by giving
985	60 days' written notice of the transfer or change of control to
986	the commission and affected customers. This section does not
987	require approval by the commission prior to the construction,
988	operation, or extension of a facility by a certificated company
989	within its certificated area nor in any way limit the
990	commission's ability to review the prudence of such construction
991	programs for ratemaking as provided under this chapter.
992	Section 33.  Section 364.335, Florida Statutes, is amended
993	to read:
994	364.335  Application for certificate of authority.-
995	(1)  Each applicant for a certificate of authority shall:
996	(a)  Provide the following information:
997	1.  The applicant's official name and, if different, any
998	name under which the applicant will do business.
999	2.  The street address of the principal place of business
1000	of the applicant.
1001	3.  The federal employer identification number or the
1002	Department of State's document number.
1003	4.  The name, address, and telephone number of an officer,
1004	partner, owner, member, or manager as a contact person for the
1005	applicant to whom questions or concerns may be addressed.
1006	5.  Information demonstrating the applicant's managerial,
1007	technical, and financial ability to provide telecommunications
1008	service, including an attestation to the accuracy of the
1009	information provided. provide all information required by rule
1010	or order of the commission, which may include a detailed inquiry
1011	into the ability of the applicant to provide service, a detailed
1012	inquiry into the territory and facilities involved, and a
1013	detailed inquiry into the existence of service from other
1014	sources within geographical proximity to the territory applied
1015	for.
1016	(b)  File with the commission schedules showing all rates
1017	for service of every kind furnished by it and all rules and
1018	contracts relating to such service.
1019	(b)(c)  File the application fee required by the commission
1020	in an amount not to exceed $500. Such fees shall be deposited in
1021	accordance with s. 350.113.
1022	(d)  Submit an affidavit that the applicant has caused
1023	notice of its application to be given to such persons and in
1024	such manner as may be prescribed by commission rule.
1025	(2)  The commission shall grant a certificate of authority
1026	to provide telecommunications service upon a showing that the
1027	applicant has sufficient technical, financial, and managerial
1028	capability to provide such service in the geographic area
1029	proposed to be served. The applicant shall ensure continued
1030	compliance with applicable business formation, registration, and
1031	taxation provisions of law. If the commission grants the
1032	requested certificate, any person who would be substantially
1033	affected by the requested certification may, within 21 days
1034	after the granting of such certificate, file a written objection
1035	requesting a proceeding pursuant to ss. 120.569 and 120.57. The
1036	commission may, on its own motion, institute a proceeding under
1037	ss. 120.569 and 120.57 to determine whether the grant of such
1038	certificate is in the public interest. The commission shall
1039	order such proceeding conducted in or near the territory applied
1040	for, if feasible. If any person requests a public hearing on the
1041	application, such hearing shall, if feasible, be held in or near
1042	the territory applied for, and the transcript of the public
1043	hearing and any material submitted at or prior to the hearing
1044	shall be considered part of the record of the application and
1045	any proceeding related to the application.
1046	(3)  A certificate of authority may be terminated by the
1047	telecommunications company by submitting notice to the
1048	commission. The commission may grant a certificate, in whole or
1049	in part or with modifications in the public interest, but in no
1050	event granting authority greater than that requested in the
1051	application or amendments thereto and noticed under subsection
1052	(1); or it may deny a certificate. The commission may grant
1053	certificates for proposed telecommunications companies, or for
1054	the extension of an existing telecommunications company, without
1055	regard to whether such companies will be in competition with or
1056	duplicate the local exchange services provided by any other
1057	telecommunications company. The commission may also grant a
1058	certificate for a proposed telecommunications company, or for
1059	the extension of an existing telecommunications company, which
1060	will be providing either competitive or duplicative pay
1061	telephone service pursuant to the provisions of s. 364.3375, or
1062	private line service by a certified alternative access vendor
1063	pursuant to s. 364.337(6). Pay telephone service shall include
1064	that telephone service using telephones that are capable of
1065	accepting payment by specie, paper money, or credit cards.
1066	(4)  Except as provided in s. 364.33, revocation,
1067	suspension, transfer, or amendment of a certificate shall be
1068	subject to the provisions of this section; except that, when the
1069	commission initiates the action, the commission shall furnish
1070	notice to the appropriate local government and to the Public
1071	Counsel.
1072	Section 34.  Section 364.337, Florida Statutes, is
1073	repealed.
1074	Section 35.  Section 364.3375, Florida Statutes, is amended
1075	to read:
1076	364.3375  Pay telephone service providers.-
1077	(1)(a)  A No person may not shall provide pay telephone
1078	service without first obtaining from the commission a
1079	certificate of authority or necessity public convenience and
1080	necessity to provide such service, except that the certification
1081	provisions of this subsection do not apply to a local exchange
1082	telecommunications company providing pay telephone service.
1083	(b)  In granting such certificate the commission, if it
1084	finds that the action is consistent with the public interest,
1085	may exempt a pay telephone provider from some or all of the
1086	requirements of this chapter. However, the commission may exempt
1087	a pay telephone provider from this section only to prevent fraud
1088	or if it finds the exemption to be in the public interest.
1089	(c)  A certificate authorizes the pay telephone provider to
1090	provide services statewide and to provide access to both local
1091	and intrastate interexchange pay telephone service, except that
1092	the commission may limit the type of calls that can be handled.
1093	(2)  Each pay telephone station shall:
1094	(a)  Receive and permit coin-free access to the universal
1095	emergency telephone number "911" where operable or to a local
1096	exchange company toll operator.
1097	(b)  Receive and provide coin-free or coin-return access to
1098	local directory assistance and the telephone number of the
1099	person responsible for repair service.
1100	(c)  Designate a party responsible for processing refunds
1101	to customers.
1102	(d)  Be equipped with a legible sign, card, or plate of
1103	reasonable permanence which provides information determined by
1104	the commission, by rule, to adequately inform the end user.
1105	(e)  Be eligible to subscribe to flat-rate, single-line
1106	business local exchange services.
1107	(3)  Each pay telephone station which provides access to
1108	any interexchange telecommunications company shall provide
1109	access to all locally available interexchange telecommunications
1110	companies and shall provide for the completion of international
1111	telephone calls under terms and conditions as determined by the
1112	commission. The commission may grant limited waivers of this
1113	provision to pay telephone companies or operator service
1114	providers to prevent fraud or as otherwise determined in the
1115	public interest.
1116	(4)  A pay telephone provider may charge, as a maximum rate
1117	for local coin calls, a rate equivalent to the local coin rate
1118	of the local exchange telecommunications company.
1119	(5)  A pay telephone provider shall not obtain services
1120	from an operator service provider unless such operator service
1121	provider has obtained a certificate of public convenience and
1122	necessity from the commission pursuant to the provisions of s.
1123	364.3376.
1124	Section 36.  Section 364.3376, Florida Statutes, is
1125	repealed.
1126	Section 37.  Section 364.3381, Florida Statutes, is
1127	repealed.
1128	Section 38.  Section 364.3382, Florida Statutes, is
1129	repealed.
1130	Section 39.  Section 364.339, Florida Statutes, is
1131	repealed.
1132	Section 40.  Section 364.345, Florida Statutes, is
1133	repealed.
1134	Section 41.  Section 364.37, Florida Statutes, is repealed.
1135	Section 42.  Section 364.385, Florida Statutes, is amended
1136	to read:
1137	364.385  Saving clauses.-
1138	(1)  This act does not invalidate any certificate or cause
1139	to be unlawful any rate which has been previously approved and
1140	which is lawfully being charged and collected immediately prior
1141	to July 1, 1995. However, such rate may not be changed, and a
1142	certificate may not be modified, suspended, or revoked, on or
1143	after July 1, 1995, except in accordance with the provisions of
1144	this act.
1145	(2)  All applications for extended area service, routes, or
1146	extended calling service pending before the commission on March
1147	1, 1995, shall be governed by the law as it existed prior to
1148	July 1, 1995. Upon the approval of the application, the extended
1149	area service, routes, or extended calling service shall be
1150	considered basic services and shall be regulated as provided in
1151	s. 364.051. Proceedings including judicial review pending on
1152	July 1, 1995, shall be governed by the law as it existed prior
1153	to the date on which this section becomes a law. No new
1154	proceedings governed by the law as it existed prior to July 1,
1155	1995, shall be initiated after July 1, 1995. Any administrative
1156	adjudicatory proceeding which has not progressed to the stage of
1157	a hearing by July 1, 1995, may, with the consent of all parties
1158	and the commission, be conducted in accordance with the law as
1159	it existed prior to January 1, 1996.
1160	(3)  Florida Public Service Commission Order No. PSC 94-
1161	0172-FOF-TL shall remain in effect, and BellSouth
1162	Telecommunications, Inc., shall fully comply with that order
1163	unless modified by the Florida Public Service Commission
1164	pursuant to the terms of that order. The order may not be
1165	modified to extend beyond December 31, 1997, except that the
1166	Florida Public Service Commission shall retain jurisdiction and
1167	all parties shall retain their rights under the agreement after
1168	December 31, 1997, solely for the purpose of effectuating the
1169	provisions of the order applicable to periods prior to January
1170	1, 1998. The depreciation rates approved by the Florida Public
1171	Service Commission and in effect as of December 31, 1994, shall
1172	be used to calculate the earnings available for sharing for
1173	periods prior to January 1, 1998.
1174	(4)  The rates and charges for basic local
1175	telecommunications service and network access service approved
1176	by the commission in accordance with the decisions set forth in
1177	Order Nos. PSC 03-1469-FOF-TL and PSC 04-0456-FOF-TL, and which
1178	are in effect immediately prior to July 1, 2007, shall remain in
1179	effect and such rates and charges may not be changed after the
1180	effective date of this act, except in accordance with the
1181	provisions of s. 364.163 ss. 364.051 and 364.163.
1182	Section 43.  Section 364.386, Florida Statutes, is amended
1183	to read:
1184	364.386  Reports to the Legislature.-
1185	(1)(a)  The commission shall submit to the President of the
1186	Senate, the Speaker of the House of Representatives, and the
1187	majority and minority leaders of the Senate and the House of
1188	Representatives, on August 1, 2008, and on an annual basis
1189	thereafter, a report on the status of competition in the
1190	telecommunications industry and a detailed exposition of the
1191	following:
1192	1.  The overall impact of local exchange telecommunications
1193	competition on the continued availability of universal service.
1194	1.2.  The ability of competitive providers to make
1195	functionally equivalent local exchange services available to
1196	both residential and business customers at competitive rates,
1197	terms, and conditions.
1198	2.3.  The ability of consumers to obtain functionally
1199	equivalent services at comparable rates, terms, and conditions.
1200	3.4.  The overall impact of competition price regulation on
1201	the maintenance of reasonably affordable and reliable high-
1202	quality telecommunications services.
1203	4.5.  A listing and short description of any carrier
1204	disputes filed under s. 364.16. What additional services, if
1205	any, should be included in the definition of basic local
1206	telecommunications services, taking into account advances in
1207	technology and market demand.
1208	6.  Any other information and recommendations which may be
1209	in the public interest.
1210	(b)  The commission shall make an annual request to
1211	providers of local exchange telecommunications services on or
1212	before March 1, 2008, and on or before March 1 of each year
1213	thereafter, for the data it requires to complete the report. A
1214	provider of local exchange telecommunications services shall
1215	file its response with the commission on or before April 15,
1216	2008, and on or before April 15 of each year thereafter.
1217	(2)  In lieu of The quantitative part of the information
1218	requested in the commission's annual data request shall be
1219	limited to, a provider of local exchange telecommunications
1220	services may file the following:
1221	(a)  a copy of the FCC Form 477 filed by a provider of
1222	local exchange telecommunications service with the Federal
1223	Communications Commission, which must identify Florida-specific
1224	access line data or similar information if an FCC Form 477 is
1225	not available.; and
1226	(b)  Provisioned Florida access line data identified by
1227	telephone exchange location.
1228	(3)  The Office of Public Counsel is also directed to
1229	submit a report on competition in the telecommunications
1230	industry and on how the price regulation provisions of s.
1231	364.051 have benefited the ratepayers and consumers of this
1232	state and any other information and recommendations which may be
1233	in the public interest.
1234	Section 44.  Section 364.501, Florida Statutes, is
1235	repealed.
1236	Section 45.  Section 364.503, Florida Statutes, is
1237	repealed.
1238	Section 46.  Section 364.506, Florida Statutes, is
1239	repealed.
1240	Section 47.  Section 364.507, Florida Statutes, is
1241	repealed.
1242	Section 48.  Section 364.508, Florida Statutes, is
1243	repealed.
1244	Section 49.  Section 364.515, Florida Statutes, is
1245	repealed.
1246	Section 50.  Section 364.516, Florida Statutes, is
1247	repealed.
1248	Section 51.  Section 364.601, Florida Statutes, is
1249	repealed.
1250	Section 52.  Section 364.602, Florida Statutes, is
1251	repealed.
1252	Section 53.  Section 364.603, Florida Statutes, is
1253	repealed.
1254	Section 54.  Section 364.604, Florida Statutes, is
1255	repealed.
1256	Section 55.  Subsection (6) of section 196.012, Florida
1257	Statutes, is amended to read:
1258	196.012  Definitions.-For the purpose of this chapter, the
1259	following terms are defined as follows, except where the context
1260	clearly indicates otherwise:
1261	(6)  Governmental, municipal, or public purpose or function
1262	shall be deemed to be served or performed when the lessee under
1263	any leasehold interest created in property of the United States,
1264	the state or any of its political subdivisions, or any
1265	municipality, agency, special district, authority, or other
1266	public body corporate of the state is demonstrated to perform a
1267	function or serve a governmental purpose which could properly be
1268	performed or served by an appropriate governmental unit or which
1269	is demonstrated to perform a function or serve a purpose which
1270	would otherwise be a valid subject for the allocation of public
1271	funds. For purposes of the preceding sentence, an activity
1272	undertaken by a lessee which is permitted under the terms of its
1273	lease of real property designated as an aviation area on an
1274	airport layout plan which has been approved by the Federal
1275	Aviation Administration and which real property is used for the
1276	administration, operation, business offices and activities
1277	related specifically thereto in connection with the conduct of
1278	an aircraft full service fixed base operation which provides
1279	goods and services to the general aviation public in the
1280	promotion of air commerce shall be deemed an activity which
1281	serves a governmental, municipal, or public purpose or function.
1282	Any activity undertaken by a lessee which is permitted under the
1283	terms of its lease of real property designated as a public
1284	airport as defined in s. 332.004(14) by municipalities,
1285	agencies, special districts, authorities, or other public bodies
1286	corporate and public bodies politic of the state, a spaceport as
1287	defined in s. 331.303, or which is located in a deepwater port
1288	identified in s. 403.021(9)(b) and owned by one of the foregoing
1289	governmental units, subject to a leasehold or other possessory
1290	interest of a nongovernmental lessee that is deemed to perform
1291	an aviation, airport, aerospace, maritime, or port purpose or
1292	operation shall be deemed an activity that serves a
1293	governmental, municipal, or public purpose. The use by a lessee,
1294	licensee, or management company of real property or a portion
1295	thereof as a convention center, visitor center, sports facility
1296	with permanent seating, concert hall, arena, stadium, park, or
1297	beach is deemed a use that serves a governmental, municipal, or
1298	public purpose or function when access to the property is open
1299	to the general public with or without a charge for admission. If
1300	property deeded to a municipality by the United States is
1301	subject to a requirement that the Federal Government, through a
1302	schedule established by the Secretary of the Interior, determine
1303	that the property is being maintained for public historic
1304	preservation, park, or recreational purposes and if those
1305	conditions are not met the property will revert back to the
1306	Federal Government, then such property shall be deemed to serve
1307	a municipal or public purpose. The term "governmental purpose"
1308	also includes a direct use of property on federal lands in
1309	connection with the Federal Government's Space Exploration
1310	Program or spaceport activities as defined in s. 212.02(22).
1311	Real property and tangible personal property owned by the
1312	Federal Government or Space Florida and used for defense and
1313	space exploration purposes or which is put to a use in support
1314	thereof shall be deemed to perform an essential national
1315	governmental purpose and shall be exempt. "Owned by the lessee"
1316	as used in this chapter does not include personal property,
1317	buildings, or other real property improvements used for the
1318	administration, operation, business offices and activities
1319	related specifically thereto in connection with the conduct of
1320	an aircraft full service fixed based operation which provides
1321	goods and services to the general aviation public in the
1322	promotion of air commerce provided that the real property is
1323	designated as an aviation area on an airport layout plan
1324	approved by the Federal Aviation Administration. For purposes of
1325	determination of "ownership," buildings and other real property
1326	improvements which will revert to the airport authority or other
1327	governmental unit upon expiration of the term of the lease shall
1328	be deemed "owned" by the governmental unit and not the lessee.
1329	Providing two-way telecommunications services to the public for
1330	hire by the use of a telecommunications facility, as defined in
1331	s. 364.02(12) s. 364.02(15), and for which a certificate is
1332	required under chapter 364 does not constitute an exempt use for
1333	purposes of s. 196.199, unless the telecommunications services
1334	are provided by the operator of a public-use airport, as defined
1335	in s. 332.004, for the operator's provision of
1336	telecommunications services for the airport or its tenants,
1337	concessionaires, or licensees, or unless the telecommunications
1338	services are provided by a public hospital.
1339	Section 56.  Paragraph (b) of subsection (1) of section
1340	199.183, Florida Statutes, is amended to read:
1341	199.183  Taxpayers exempt from nonrecurring taxes.-
1342	(1)  Intangible personal property owned by this state or
1343	any of its political subdivisions or municipalities shall be
1344	exempt from taxation under this chapter. This exemption does not
1345	apply to:
1346	(b)  Property related to the provision of two-way
1347	telecommunications services to the public for hire by the use of
1348	a telecommunications facility, as defined in s. 364.02(12) s.
1349	364.02(15), and for which a certificate is required under
1350	chapter 364, when the service is provided by any county,
1351	municipality, or other political subdivision of the state. Any
1352	immunity of any political subdivision of the state or other
1353	entity of local government from taxation of the property used to
1354	provide telecommunication services that is taxed as a result of
1355	this paragraph is hereby waived. However, intangible personal
1356	property related to the provision of telecommunications services
1357	provided by the operator of a public-use airport, as defined in
1358	s. 332.004, for the operator's provision of telecommunications
1359	services for the airport or its tenants, concessionaires, or
1360	licensees, and intangible personal property related to the
1361	provision of telecommunications services provided by a public
1362	hospital, are exempt from taxation under this chapter.
1363	Section 57.  Subsection (6) of section 212.08, Florida
1364	Statutes, is amended to read:
1365	212.08  Sales, rental, use, consumption, distribution, and
1366	storage tax; specified exemptions.-The sale at retail, the
1367	rental, the use, the consumption, the distribution, and the
1368	storage to be used or consumed in this state of the following
1369	are hereby specifically exempt from the tax imposed by this
1370	chapter.
1371	(6)  EXEMPTIONS; POLITICAL SUBDIVISIONS.-There are also
1372	exempt from the tax imposed by this chapter sales made to the
1373	United States Government, a state, or any county, municipality,
1374	or political subdivision of a state when payment is made
1375	directly to the dealer by the governmental entity. This
1376	exemption shall not inure to any transaction otherwise taxable
1377	under this chapter when payment is made by a government employee
1378	by any means, including, but not limited to, cash, check, or
1379	credit card when that employee is subsequently reimbursed by the
1380	governmental entity. This exemption does not include sales of
1381	tangible personal property made to contractors employed either
1382	directly or as agents of any such government or political
1383	subdivision thereof when such tangible personal property goes
1384	into or becomes a part of public works owned by such government
1385	or political subdivision. A determination whether a particular
1386	transaction is properly characterized as an exempt sale to a
1387	government entity or a taxable sale to a contractor shall be
1388	based on the substance of the transaction rather than the form
1389	in which the transaction is cast. The department shall adopt
1390	rules that give special consideration to factors that govern the
1391	status of the tangible personal property before its affixation
1392	to real property. In developing these rules, assumption of the
1393	risk of damage or loss is of paramount consideration in the
1394	determination. This exemption does not include sales, rental,
1395	use, consumption, or storage for use in any political
1396	subdivision or municipality in this state of machines and
1397	equipment and parts and accessories therefor used in the
1398	generation, transmission, or distribution of electrical energy
1399	by systems owned and operated by a political subdivision in this
1400	state for transmission or distribution expansion. Likewise
1401	exempt are charges for services rendered by radio and television
1402	stations, including line charges, talent fees, or license fees
1403	and charges for films, videotapes, and transcriptions used in
1404	producing radio or television broadcasts. The exemption provided
1405	in this subsection does not include sales, rental, use,
1406	consumption, or storage for use in any political subdivision or
1407	municipality in this state of machines and equipment and parts
1408	and accessories therefor used in providing two-way
1409	telecommunications services to the public for hire by the use of
1410	a telecommunications facility, as defined in s. 364.02(12) s.
1411	364.02(15), and for which a certificate is required under
1412	chapter 364, which facility is owned and operated by any county,
1413	municipality, or other political subdivision of the state. Any
1414	immunity of any political subdivision of the state or other
1415	entity of local government from taxation of the property used to
1416	provide telecommunication services that is taxed as a result of
1417	this section is hereby waived. However, the exemption provided
1418	in this subsection includes transactions taxable under this
1419	chapter which are for use by the operator of a public-use
1420	airport, as defined in s. 332.004, in providing such
1421	telecommunications services for the airport or its tenants,
1422	concessionaires, or licensees, or which are for use by a public
1423	hospital for the provision of such telecommunications services.
1424	Section 58.  Subsection (8) of section 290.007, Florida
1425	Statutes, is amended to read:
1426	290.007  State incentives available in enterprise zones.-
1427	The following incentives are provided by the state to encourage
1428	the revitalization of enterprise zones:
1429	(8)  Notwithstanding any law to the contrary, the Public
1430	Service Commission may allow public utilities and
1431	telecommunications companies to grant discounts of up to 50
1432	percent on tariffed rates for services to small businesses
1433	located in an enterprise zone designated pursuant to s.
1434	290.0065. Such discounts may be granted for a period not to
1435	exceed 5 years. For purposes of this subsection, the term
1436	"public utility" has the same meaning as in s. 366.02(1) and the
1437	term "telecommunications company" has the same meaning as in s.
1438	364.02(11) s. 364.02(14).
1439	Section 59.  Subsection (3) of section 350.0605, Florida
1440	Statutes, is amended to read:
1441	350.0605  Former commissioners and employees;
1442	representation of clients before commission.-
1443	(3)  For a period of 2 years following termination of
1444	service on the commission, a former member may not accept
1445	employment by or compensation from a business entity which,
1446	directly or indirectly, owns or controls a public utility
1447	regulated by the commission, from a public utility regulated by
1448	the commission, from a business entity which, directly or
1449	indirectly, is an affiliate or subsidiary of a public utility
1450	regulated by the commission or is an actual business competitor
1451	of a local exchange company or public utility regulated by the
1452	commission and is otherwise exempt from regulation by the
1453	commission under ss. 364.02(11) ss. 364.02(14) and 366.02(1), or
1454	from a business entity or trade association that has been a
1455	party to a commission proceeding within the 2 years preceding
1456	the member's termination of service on the commission. This
1457	subsection applies only to members of the Florida Public Service
1458	Commission who are appointed or reappointed after May 10, 1993.
1459	Section 60.  Section 364.105, Florida Statutes, is amended
1460	to read:
1461	364.105  Discounted rate for basic service for former
1462	Lifeline subscribers.-Each local exchange telecommunications
1463	company shall offer discounted residential basic local
1464	telecommunications service at 70 percent of the residential
1465	local telecommunications service rate for any Lifeline
1466	subscriber who no longer qualifies for Lifeline. A Lifeline
1467	subscriber who requests such service shall receive the
1468	discounted price for a period of 1 year after the date the
1469	subscriber ceases to be qualified for Lifeline. In no event
1470	shall this preclude the offering of any other discounted
1471	services which comply with s. 364.10 ss. 364.08 and 364.10.
1472	Section 61.  Section 364.32, Florida Statutes, is amended
1473	to read:
1474	364.32  Definitions applicable to s. 364.33 ss. 364.33,
1475	364.337, 364.345 and 364.37.-As used in ss. 364.33, 364.337,
1476	364.345 and 364.37:
1477	(1)  "Person" means:
1478	(a)  Any natural person, firm, association, county,
1479	municipality, corporation, business, trust, or partnership
1480	owning, leasing, or operating any facility used in the
1481	furnishing of public telecommunications service within this
1482	state; and
1483	(b)  A cooperative, nonprofit, membership corporation, or
1484	limited dividend or mutual association, now or hereafter
1485	created, with respect to that part or portion of its operations
1486	devoted to the furnishing of telecommunications service within
1487	this state.
1488	(2)  "Territory" means any area, whether within or without
1489	the boundaries of a municipality.
1490	Section 62.  Subsection (5) of section 489.103, Florida
1491	Statutes, is amended to read:
1492	489.103  Exemptions.-This part does not apply to:
1493	(5)  Public utilities, including special gas districts as
1494	defined in chapter 189, telecommunications companies as defined
1495	in s. 364.02(11) s. 364.02(14), and natural gas transmission
1496	companies as defined in s. 368.103(4), on construction,
1497	maintenance, and development work performed by their employees,
1498	which work, including, but not limited to, work on bridges,
1499	roads, streets, highways, or railroads, is incidental to their
1500	business. The board shall define, by rule, the term "incidental
1501	to their business" for purposes of this subsection.
1502	Section 63.  This act shall take effect July 1, 2011.

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