CS/CS/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; amending s. 364.02, F.S.; removing the
23	definition of the term "monopoly service"; revising the
24	definitions of the terms "basic local telecommunications
25	service" and "nonbasic service"; excluding an operator
26	service provider from the meaning of the term
27	"telecommunications company"; revising the definition of
28	the term "VoIP"; repealing ss. 364.025, 364.0251, and
29	364.0252, F.S., relating to uniform telecommunications
30	service, a telecommunications consumer information
31	program, and the expansion of consumer information
32	programs, respectively; amending s. 364.04, F.S.;
33	providing that the commission has no jurisdiction over the
34	content, form, or format of rate schedules published by a
35	telecommunications company; providing that a
36	telecommunications company may undertake certain
37	activities; repealing ss. 364.051, 364.052, 364.057,
38	364.058, 364.059, 364.06, 364.063, 364.07, and 364.08,
39	F.S., relating to price regulation, regulatory methods for
40	small local exchange telecommunications companies,
41	experimental and transitional rates, limited proceedings,
42	procedures for seeking a stay of proceedings, joint rates,
43	tolls, and contracts, rate adjustment orders, intrastate
44	interexchange service contracts, and unlawful charges
45	against consumers, respectively; amending s. 364.10, F.S.;
46	removing obsolete provisions; requiring an eligible
47	telecommunications carrier to provide a Lifeline
48	Assistance Plan to qualified residential subscribers;
49	authorizing the commission to undertake certain consumer
50	education measures; repealing s. 364.15, F.S., relating to
51	repairs, improvements, and additions to telecommunication
52	facilities; amending s. 364.16, F.S., relating to
53	interconnection, unbundling, and resale of
54	telecommunication services; requiring the commission to,
55	upon request, arbitrate and enforce interconnection
56	agreements; prohibiting a telecommunications company from
57	knowingly delivering traffic for which terminating access
58	service charges would otherwise apply; authorizing the
59	commission to adopt rules to prevent the unauthorized
60	changing of a subscriber's telecommunications service;
61	removing obsolete provisions relating to local exchange
62	telecommunications companies; repealing ss. 364.161 and
63	364.162, F.S., relating to unbundling and resale of
64	telecommunication services and negotiated prices for
65	interconnection services, respectively; amending s.
66	364.163, F.S.; conforming provisions to changes made by
67	the act; amending s. 364.183, F.S.; revising provisions
68	relating to access of the commission to certain records of
69	a telecommunications company; repealing ss. 364.185,
70	364.19, and 364.27, F.S., relating to powers of the
71	commission to investigate and inspect any premises of a
72	telecommunications company, regulation of
73	telecommunication contracts, and powers and duties as to
74	interstate rates, respectively; amending s. 364.33, F.S.,
75	relating to the certificate of authority; prohibiting a
76	person from providing any telecommunications service to
77	the public without a certificate of necessity or a
78	certificate of authority issued by the commission;
79	providing that, after a specified date, the commission
80	will no longer issue certificates of necessity; amending
81	s. 364.335, F.S.; requiring an applicant to provide
82	certain information when applying for a certificate of
83	authority; describing the criteria necessary to be granted
84	a certificate of authority; authorizing a
85	telecommunications company to terminate a certificate of
86	authority; amending s. 364.336, F.S.; requiring the
87	commission to initiate rulemaking to reduce the regulatory
88	assessment fee for telecommunications companies and to
89	produce an annual report describing its efforts to reduce
90	the fee; repealing s. 364.337, F.S., relating to
91	competitive local exchange companies; amending s.
92	364.3375, F.S., relating to pay telephone service
93	providers; requiring pay telephone providers to obtain a
94	certificate of authority from the commission; repealing
95	ss. 364.3376, 364.3381, 364.3382, 364.339, 364.345, and
96	364.37, F.S., relating to operator services, cross-
97	subsidization, cost disclosures, certificates for
98	territories served, shared tenant services, and powers of
99	the commission relating to service territories,
100	respectively; amending s. 364.385, F.S.; removing obsolete
101	provisions relating to saving clauses; amending s.
102	364.386, F.S.; revising the content to be included in the
103	report to be filed with the Legislature; repealing ss.
104	364.501, 364.503, 364.506, 364.507, 364.508, 364.515,
105	364.516, 364.601, 364.602, 364.603, and 364.604, F.S.,
106	relating to the prevention of damages to underground
107	telecommunication facilities, mergers or acquisitions, a
108	short title for education facilities, legislative intent
109	for advanced telecommunication services to eligible
110	facilities, definitions, infrastructure investments,
111	penalties for failing to provide advanced
112	telecommunication services, the short title for
113	telecommunication consumer protections, definitions, the
114	methodology for protecting consumers for changing
115	telecommunication providers, and billing procedures to
116	inform and protect the consumer, respectively; amending
117	ss. 196.012, 199.183, 212.08, 290.007, 350.0605, 364.105,
118	364.32, and 489.103, F.S.; revising cross-references to
119	conform to changes made by the act; providing an effective
120	date.
121
122	Be It Enacted by the Legislature of the State of Florida:
123
124	Section 1.  This act may be cited as the "Regulatory Reform
125	Act."
126	Section 2.  Section 364.01, Florida Statutes, is amended to
127	read:
128	364.01  Powers of commission, legislative intent.-
129	(1)  The Florida Public Service Commission shall exercise
130	over and in relation to telecommunications companies the powers
131	conferred by this chapter.
132	(2)  It is the legislative intent to give exclusive
133	jurisdiction in all matters set forth in this chapter to the
134	Florida Public Service Commission in regulating
135	telecommunications companies, and such preemption shall
136	supersede any local or special act or municipal charter where
137	any conflict of authority may exist. However, the provisions of
138	this chapter does shall not affect the authority and powers
139	granted in s. 166.231(9) or s. 337.401.
140	(3)  Communications activities that are not regulated by
141	the Florida Public Service Commission, including, but not
142	limited to, VoIP, wireless, and broadband, are subject to this
143	state's generally applicable business regulation and deceptive
144	trade practices and consumer protection laws, as enforced by the
145	appropriate state authority or through actions in the judicial
146	system. This chapter does not limit the availability to any
147	party of any remedy or defense under state or federal antitrust
148	laws. The Legislature finds that the competitive provision of
149	telecommunications services, including local exchange
150	telecommunications service, is in the public interest and has
151	provided will provide customers with freedom of choice,
152	encouraged encourage the introduction of new telecommunications
153	service, encouraged encourage technological innovation, and
154	encouraged encourage investment in telecommunications
155	infrastructure. The Legislature further finds that the
156	transition from the monopoly provision of local exchange service
157	to the competitive provision thereof will require appropriate
158	regulatory oversight to protect consumers and provide for the
159	development of fair and effective competition, but nothing in
160	this chapter shall limit the availability to any party of any
161	remedy under state or federal antitrust laws. The Legislature
162	further finds that changes in regulations allowing increased
163	competition in telecommunications services could provide the
164	occasion for increases in the telecommunications workforce;
165	therefore, it is in the public interest that competition in
166	telecommunications services lead to a situation that enhances
167	the high-technological skills and the economic status of the
168	telecommunications workforce. The Legislature further finds that
169	the provision of voice-over-Internet protocol (VoIP) free of
170	unnecessary regulation, regardless of the provider, is in the
171	public interest.
172	(4)  The commission shall exercise its exclusive
173	jurisdiction in order to:
174	(a)  Protect the public health, safety, and welfare by
175	ensuring that basic local telecommunications services are
176	available to all consumers in the state at reasonable and
177	affordable prices.
178	(b)  Encourage competition through flexible regulatory
179	treatment among providers of telecommunications services in
180	order to ensure the availability of the widest possible range of
181	consumer choice in the provision of all telecommunications
182	services.
183	(c)  Protect the public health, safety, and welfare by
184	ensuring that monopoly services provided by telecommunications
185	companies continue to be subject to effective price, rate, and
186	service regulation.
187	(d)  Promote competition by encouraging innovation and
188	investment in telecommunications markets and by allowing a
189	transitional period in which new and emerging technologies are
190	subject to a reduced level of regulatory oversight.
191	(e)  Encourage all providers of telecommunications services
192	to introduce new or experimental telecommunications services
193	free of unnecessary regulatory restraints.
194	(f)  Eliminate any rules or regulations which will delay or
195	impair the transition to competition.
196	(g)  Ensure that all providers of telecommunications
197	services are treated fairly, by preventing anticompetitive
198	behavior and eliminating unnecessary regulatory restraint.
199	(h)  Recognize the continuing emergence of a competitive
200	telecommunications environment through the flexible regulatory
201	treatment of competitive telecommunications services, where
202	appropriate, if doing so does not reduce the availability of
203	adequate basic local telecommunications service to all citizens
204	of the state at reasonable and affordable prices, if competitive
205	telecommunications services are not subsidized by monopoly
206	telecommunications services, and if all monopoly services are
207	available to all competitors on a nondiscriminatory basis.
208	(i)  Continue its historical role as a surrogate for
209	competition for monopoly services provided by local exchange
210	telecommunications companies.
211	Section 3.  Section 364.011, Florida Statutes, is amended
212	to read:
213	364.011  Exemptions from commission jurisdiction.-The
214	following services are exempt from oversight by the commission,
215	except to the extent delineated in this chapter or specifically
216	authorized by federal law:
217	(1)  Intrastate interexchange telecommunications services.
218	(2)  Broadband services, regardless of the provider,
219	platform, or protocol.
220	(3)  VoIP.
221	(4)  Wireless telecommunications, including commercial
222	mobile radio service providers.
223	(5)  Basic service.
224	(6)  Nonbasic services or comparable services offered by
225	any telecommunications company.
226	Section 4.  Subsection (2) of section 364.012, Florida
227	Statutes, is amended to read:
228	364.012  Consistency with federal law.-
229	(2)  This chapter does not limit or modify the duties of a
230	local exchange telecommunications company carrier to provide
231	unbundled access to network elements or the commission's
232	authority to arbitrate and enforce interconnection agreements to
233	the extent that those elements are required under 47 U.S.C. ss.
234	251 and 252, and under any regulations issued by the Federal
235	Communications Commission at rates determined in accordance with
236	the standards established by the Federal Communications
237	Commission pursuant to 47 C.F.R. ss. 51.503-51.513, inclusive of
238	any successor regulation or successor forbearance of regulation.
239	Section 5.  Section 364.0135, Florida Statutes, is amended
240	to read:
241	364.0135  Promotion of broadband adoption deployment.-
242	(1)  The Legislature finds that the sustainable adoption of
243	broadband Internet service is critical to the economic and
244	business development of the state and is beneficial for
245	libraries, schools, colleges and universities, health care
246	providers, and community organizations. The term "sustainable
247	adoption" means the ability for communications service providers
248	to offer broadband services in all areas of the state by
249	encouraging adoption and utilization levels that allow for these
250	services to be offered in the free market absent the need for
251	governmental subsidy. The Legislature further finds that
252	barriers exist to the statewide deployment of broadband Internet
253	service, especially in rural, unserved, or underserved
254	communities. The Legislature therefore intends to promote the
255	efficient and effective deployment of broadband Internet service
256	throughout the state through a coordinated statewide effort.
257	(2)  The Department of Management Services is authorized to
258	work collaboratively with, and to receive staffing support and
259	other resources from, Enterprise Florida, Inc., state agencies,
260	local governments, private businesses, and community
261	organizations to:
262	(a)  Monitor the adoption of Conduct a needs assessment of
263	broadband Internet service in collaboration with communications
264	service providers, including, but not limited to, wireless and
265	wireline Internet service providers, to develop geographical
266	information system maps at the census tract level that will:
267	1.  Identify geographic gaps in broadband services,
268	including areas unserved by any broadband provider and areas
269	served by a single broadband provider;
270	2.  Identify the download and upload transmission speeds
271	made available to businesses and individuals in the state, at
272	the census tract level of detail, using data rate benchmarks for
273	broadband service used by the Federal Communications Commission
274	to reflect different speed tiers; and
275	3.  Provide a baseline assessment of statewide broadband
276	deployment in terms of percentage of households with broadband
277	availability.
278	(b)  Create a strategic plan that has goals and strategies
279	for increasing the use of broadband Internet service in the
280	state.
281	(c)  Build and facilitate local technology planning teams
282	or partnerships with members representing cross-sections of the
283	community, which may include, but are not limited to,
284	representatives from the following organizations and industries:
285	libraries, K-12 education, colleges and universities, local
286	health care providers, private businesses, community
287	organizations, economic development organizations, local
288	governments, tourism, parks and recreation, and agriculture.
289	(d)  Encourage the use of broadband Internet service,
290	especially in the rural, unserved, and underserved communities
291	of the state through grant programs having effective strategies
292	to facilitate the statewide deployment of broadband Internet
293	service. For any grants to be awarded, priority must be given to
294	projects that:
295	1.  Provide access to broadband education, awareness,
296	training, access, equipment, and support to libraries, schools,
297	colleges and universities, health care providers, and community
298	support organizations.
299	2.  Encourage the sustainable adoption of broadband in
300	primarily unserved areas by removing barriers to entry
301	investments in primarily unserved areas to give consumers a
302	choice of more than one broadband Internet service provider.
303	3.  Work toward encouraging investments in establishing
304	affordable and sustainable broadband Internet service in
305	unserved areas of the state.
306	4.  Facilitate the development of applications, programs,
307	and services, including, but not limited to, telework,
308	telemedicine, and e-learning to increase the usage of, and
309	demand for, broadband Internet service in the state.
310	(3)  The department may apply for and accept federal funds
311	for purposes of this section, as well as gifts and donations
312	from individuals, foundations, and private organizations.
313	(4)  The department may is authorized to enter into
314	contracts necessary or useful to carry out the purposes of this
315	section.
316	(5)  The department may is authorized to establish any
317	committee or workgroup to administer and carry out the purposes
318	of this section.
319	(6)  The department may is authorized to adopt rules
320	necessary to carry out the purposes of this section. Any rule,
321	contract, grant, or other activity undertaken by the department
322	shall ensure that all entities are in compliance with any
323	applicable federal or state laws, rules, and regulations,
324	including, but not limited to, those applicable to private
325	entities providing communications services for hire and the
326	requirements of s. 350.81, including, without limitation, the
327	authority to establish definitions of terms pertinent to this
328	section.
329	Section 6.  Section 364.02, Florida Statutes, is amended to
330	read:
331	364.02  Definitions.-As used in this chapter, the term:
332	(1)  "Basic local telecommunications service" means voice-
333	grade, single-line, flat-rate residential local exchange service
334	that provides dial tone, local usage necessary to place
335	unlimited calls within a local exchange area, dual tone
336	multifrequency dialing, and access to the following: emergency
337	services such as "911," all locally available interexchange
338	companies, directory assistance, operator services, and relay
339	services, and an alphabetical directory listing. For a local
340	exchange telecommunications company, the term includes any
341	extended area service routes, and extended calling service in
342	existence or ordered by the commission on or before July 1,
343	1995.
344	(2)  "Broadband service" means any service that consists of
345	or includes the offering of the capability to transmit or
346	receive information at a rate that is not less than 200 kilobits
347	per second and either:
348	(a)  Is used to provide access to the Internet; or
349	(b)  Provides computer processing, information storage,
350	information content, or protocol conversion in combination with
351	the service.
352
353	The definition of broadband service does not include any
354	intrastate telecommunications services that have been tariffed
355	with the commission on or before January 1, 2005.
356	(3)  "Commercial mobile radio service provider" means a
357	commercial mobile radio service provider as defined by and
358	pursuant to 47 U.S.C. ss. 153(27) and 332(d).
359	(4)  "Commission" means the Florida Public Service
360	Commission.
361	(5)  "Competitive local exchange telecommunications
362	company" means any company certificated by the commission to
363	provide local exchange telecommunications services in this state
364	on or after July 1, 1995.
365	(6)  "Corporation" includes a corporation, company,
366	association, or joint stock association.
367	(7)  "Intrastate interexchange telecommunications company"
368	means any entity that provides intrastate interexchange
369	telecommunications services.
370	(8)  "Local exchange telecommunications company" means any
371	company certificated by the commission to provide local exchange
372	telecommunications service in this state on or before June 30,
373	1995.
374	(9)  "Monopoly service" means a telecommunications service
375	for which there is no effective competition, either in fact or
376	by operation of law.
377	(9)(10)  "Nonbasic service" means any telecommunications
378	service provided by a local exchange telecommunications company
379	other than a basic local telecommunications service, a local
380	interconnection, resale, or unbundling pursuant to arrangement
381	described in s. 364.16, or a network access service described in
382	s. 364.163. Any combination of basic service along with a
383	nonbasic service or an unregulated service is nonbasic service.
384	(10)(11)  "Operator service" includes, but is not limited
385	to, billing or completion of third-party, person-to-person,
386	collect, or calling card or credit card calls through the use of
387	a live operator or automated equipment.
388	(11)(12)  "Operator service provider" means a person who
389	furnishes operator service through a call aggregator.
390	(12)(13)  "Service" is to be construed in its broadest and
391	most inclusive sense. The term "service" does not include
392	broadband service or voice-over-Internet protocol service for
393	purposes of regulation by the commission. Nothing herein shall
394	affect the rights and obligations of any entity related to the
395	payment of switched network access rates or other intercarrier
396	compensation, if any, related to voice-over-Internet protocol
397	service. Notwithstanding s. 364.013, and the exemption of
398	services pursuant to this subsection, the commission may
399	arbitrate, enforce, or approve interconnection agreements, and
400	resolve disputes as provided by 47 U.S.C. ss. 251 and 252, or
401	any other applicable federal law or regulation. With respect to
402	the services exempted in this subsection, regardless of the
403	technology, the duties of a local exchange telecommunications
404	company are only those that the company is obligated to extend
405	or provide under applicable federal law and regulations.
406	(13)(14)  "Telecommunications company" includes every
407	corporation, partnership, and person and their lessees,
408	trustees, or receivers appointed by any court whatsoever, and
409	every political subdivision in the state, offering two-way
410	telecommunications service to the public for hire within this
411	state by the use of a telecommunications facility. The term
412	"telecommunications company" does not include:
413	(a)  An entity that provides a telecommunications facility
414	exclusively to a certificated telecommunications company;
415	(b)  An entity that provides a telecommunications facility
416	exclusively to a company which is excluded from the definition
417	of a telecommunications company under this subsection;
418	(c)  A commercial mobile radio service provider;
419	(d)  A facsimile transmission service;
420	(e)  A private computer data network company not offering
421	service to the public for hire;
422	(f)  A cable television company providing cable service as
423	defined in 47 U.S.C. s. 522; or
424	(g)  An intrastate interexchange telecommunications
425	company; or
426	(h)  An operator service provider.
427
428	However, each commercial mobile radio service provider and each
429	intrastate interexchange telecommunications company shall
430	continue to be liable for any taxes imposed under chapters 202,
431	203, and 212 and any fees assessed under s. 364.025. Each
432	intrastate interexchange telecommunications company shall
433	continue to be subject to s. ss. 364.04, 364.10(3)(a) and (d),
434	364.163, 364.285, 364.336, 364.501, 364.603, and 364.604, shall
435	provide the commission with the current information as the
436	commission deems necessary to contact and communicate with the
437	company, and shall continue to pay intrastate switched network
438	access rates or other intercarrier compensation to the local
439	exchange telecommunications company or the competitive local
440	exchange telecommunications company for the origination and
441	termination of interexchange telecommunications service.
442	(14)(15)  "Telecommunications facility" includes real
443	estate, easements, apparatus, property, and routes used and
444	operated to provide two-way telecommunications service to the
445	public for hire within this state.
446	(15)(16)  "VoIP" means any service that:
447	(a)  Enables real-time, two-way voice communications that
448	originate from or terminate to the user's location in Internet
449	Protocol or any successor protocol;
450	(b)  Uses a broadband connection from the user's location;
451	and
452	(c)  Permits users generally to receive calls that
453	originate on the public switched telephone network and to
454	terminate calls to the public switched telephone network the
455	voice-over-Internet protocol as that term is defined in federal
456	law.
457	Section 7.  Section 364.025, Florida Statutes, is repealed.
458	Section 8.  Section 364.0251, Florida Statutes, is
459	repealed.
460	Section 9.  Section 364.0252, Florida Statutes, is
461	repealed.
462	Section 10.  Section 364.04, Florida Statutes, is amended
463	to read:
464	364.04  Schedules of rates, tolls, rentals, and charges;
465	filing; public inspection.-
466	(1)  Every telecommunications company shall publish through
467	electronic or physical media schedules showing the rates, tolls,
468	rentals, and charges of that company for service to be offered
469	performed within the state. The commission shall have no
470	jurisdiction over the content or form or format of such
471	published schedules. A telecommunications company may, as an
472	option, file the published schedules with the commission or
473	publish its schedules through other reasonably publicly
474	accessible means, including on a website. A telecommunications
475	company that does not file its schedules with the commission
476	shall inform its customers where a customer may view the
477	telecommunications company's schedules.
478	(2)  This chapter does not prohibit a telecommunications
479	company from:
480	(a)  Entering into contracts establishing rates, tolls,
481	rentals, and charges that differ from its published schedules or
482	offering services that are not included in its published
483	schedules; or
484	(b)  Meeting competitive offerings in a specific geographic
485	market or to a specific customer.
486	(3)  This section does not apply to the rates, terms, and
487	conditions established pursuant to 47 U.S.C. ss. 251 and 252.
488	The schedules shall plainly state the places telecommunications
489	service will be rendered and shall also state separately all
490	charges and all privileges or facilities granted or allowed and
491	any rules or regulations or forms of contract which may in
492	anywise change, affect, or determine any of the aggregate of the
493	rates, tolls, rentals, or charges for the service rendered.
494	Section 11.  Section 364.051, Florida Statutes, is
495	repealed.
496	Section 12.  Section 364.052, Florida Statutes, is
497	repealed.
498	Section 13.  Section 364.057, Florida Statutes, is
499	repealed.
500	Section 14.  Section 364.058, Florida Statutes, is
501	repealed.
502	Section 15.  Section 364.059, Florida Statutes, is
503	repealed.
504	Section 16.  Section 364.06, Florida Statutes, is repealed.
505	Section 17.  Section 364.063, Florida Statutes, is
506	repealed.
507	Section 18.  Section 364.07, Florida Statutes, is repealed.
508	Section 19.  Section 364.08, Florida Statutes, is repealed.
509	Section 20.  Section 364.10, Florida Statutes, is amended
510	to read:
511	364.10  Undue advantage to person or locality prohibited;
512	Lifeline service.-
513	(1)  A telecommunications company may not make or give any
514	undue or unreasonable preference or advantage to any person or
515	locality or subject any particular person or locality to any
516	undue or unreasonable prejudice or disadvantage in any respect
517	whatsoever.
518	(1)(2)(a)  The prohibitions of subsection (1)
519	notwithstanding, An eligible telecommunications carrier shall
520	provide a Lifeline Assistance Plan to qualified residential
521	subscribers, as defined in the eligible telecommunications
522	carrier's published schedules a commission-approved tariff or
523	price list, and a preferential rate to eligible facilities as
524	provided for in part II. For the purposes of this section, the
525	term "eligible telecommunications carrier" means a
526	telecommunications company, as defined by s. 364.02, which is
527	designated as an eligible telecommunications carrier by the
528	commission pursuant to 47 C.F.R. s. 54.201.
529	(b)  An eligible telecommunications carrier shall offer a
530	consumer who applies for or receives Lifeline service the option
531	of blocking all toll calls or, if technically capable, placing a
532	limit on the number of toll calls a consumer can make. The
533	eligible telecommunications carrier may not charge the consumer
534	an administrative charge or other additional fee for blocking
535	the service.
536	(c)  An eligible telecommunications carrier may not collect
537	a service deposit in order to initiate Lifeline service if the
538	qualifying low-income consumer voluntarily elects toll blocking
539	or toll limitation. If the qualifying low-income consumer elects
540	not to place toll blocking on the line, an eligible
541	telecommunications carrier may charge a service deposit.
542	(d)  An eligible telecommunications carrier may not charge
543	Lifeline subscribers a monthly number-portability charge.
544	(e)1.  An eligible telecommunications carrier must notify a
545	Lifeline subscriber of impending termination of Lifeline service
546	if the company has a reasonable basis for believing that the
547	subscriber no longer qualifies. Notification of pending
548	termination must be in the form of a letter that is separate
549	from the subscriber's bill.
550	2.  An eligible telecommunications carrier shall allow a
551	subscriber 60 days following the date of the pending termination
552	letter to demonstrate continued eligibility. The subscriber must
553	present proof of continued eligibility. An eligible
554	telecommunications carrier may transfer a subscriber off of
555	Lifeline service, pursuant to its tariff, if the subscriber
556	fails to demonstrate continued eligibility.
557	3.  The commission shall establish procedures for such
558	notification and termination.
559	(f)  An eligible telecommunications carrier shall timely
560	credit a consumer's bill with the Lifeline Assistance credit as
561	soon as practicable, but no later than 60 days following receipt
562	of notice of eligibility from the Office of Public Counsel or
563	proof of eligibility from the consumer.
564	(2)(3)(a)  Each local exchange telecommunications company
565	that has more than 1 million access lines and that is designated
566	as an eligible telecommunications carrier shall, and any
567	commercial mobile radio service provider designated as an
568	eligible telecommunications carrier pursuant to 47 U.S.C. s.
569	214(e) may, upon filing a notice of election to do so with the
570	commission, provide Lifeline service to any otherwise eligible
571	customer or potential customer who meets an income eligibility
572	test at 150 percent or less of the federal poverty income
573	guidelines for Lifeline customers. Such a test for eligibility
574	must augment, rather than replace, the eligibility standards
575	established by federal law and based on participation in certain
576	low-income assistance programs. Each intrastate interexchange
577	telecommunications company shall file or publish a schedule
578	providing at a minimum the intrastate interexchange
579	telecommunications company's carrier's current Lifeline benefits
580	and exemptions to Lifeline customers who meet the income
581	eligibility test set forth in this subsection. The Office of
582	Public Counsel shall certify and maintain claims submitted by a
583	customer for eligibility under the income test authorized by
584	this subsection.
585	(b)  Each eligible telecommunications carrier subject to
586	this subsection shall provide to each state and federal agency
587	providing benefits to persons eligible for Lifeline service
588	applications, brochures, pamphlets, or other materials that
589	inform the persons of their eligibility for Lifeline, and each
590	state agency providing the benefits shall furnish the materials
591	to affected persons at the time they apply for benefits.
592	(c)  Any local exchange telecommunications company customer
593	receiving Lifeline benefits shall not be subject to any
594	residential basic local telecommunications service rate
595	increases authorized by s. 364.164 until the local exchange
596	telecommunications company reaches parity as defined in s.
597	364.164(5) or until the customer no longer qualifies for the
598	Lifeline benefits established by this section or s. 364.105, or
599	unless otherwise determined by the commission upon petition by a
600	local exchange telecommunications company.
601	(c)(d)  An eligible telecommunications carrier may not
602	discontinue basic local telecommunications exchange telephone
603	service to a subscriber who receives Lifeline service because of
604	nonpayment by the subscriber of charges for nonbasic services
605	billed by the telecommunications company, including long-
606	distance service. A subscriber who receives Lifeline service
607	shall pay all applicable basic local telecommunications exchange
608	service fees, including the subscriber line charge, E-911,
609	telephone relay system charges, and applicable state and federal
610	taxes.
611	(d)(e)  An eligible telecommunications carrier may not
612	refuse to connect, reconnect, or provide Lifeline service
613	because of unpaid toll charges or nonbasic charges other than
614	basic local telecommunications exchange service.
615	(e)(f)  An eligible telecommunications carrier may require
616	that payment arrangements be made for outstanding debt
617	associated with basic local telecommunications exchange service,
618	subscriber line charges, E-911, telephone relay system charges,
619	and applicable state and federal taxes.
620	(f)(g)  An eligible telecommunications carrier may block a
621	Lifeline service subscriber's access to all long-distance
622	service, except for toll-free numbers, and may block the ability
623	to accept collect calls when the subscriber owes an outstanding
624	amount for long-distance service or amounts resulting from
625	collect calls. However, the eligible telecommunications carrier
626	may not impose a charge for blocking long-distance service. The
627	eligible telecommunications carrier shall remove the block at
628	the request of the subscriber without additional cost to the
629	subscriber upon payment of the outstanding amount. An eligible
630	telecommunications carrier may charge a service deposit before
631	removing the block.
632	(g)(h)1.  By December 31, 2010, each state agency that
633	provides benefits to persons eligible for Lifeline service shall
634	undertake, in cooperation with the Department of Children and
635	Family Services, the Department of Education, the commission,
636	the Office of Public Counsel, and telecommunications companies
637	designated eligible telecommunications carriers providing
638	Lifeline services, the development of procedures to promote
639	Lifeline participation. The departments, the commission, and the
640	Office of Public Counsel may exchange sufficient information
641	with the appropriate eligible telecommunications carriers and
642	any commercial mobile radio service provider electing to provide
643	Lifeline service under paragraph (a), such as a person's name,
644	date of birth, service address, and telephone number, so that
645	the carriers can identify and enroll an eligible person in the
646	Lifeline and Link-Up programs. The information remains
647	confidential pursuant to s. 364.107 and may only be used for
648	purposes of determining eligibility and enrollment in the
649	Lifeline and Link-Up programs.
650	2.  If any state agency determines that a person is
651	eligible for Lifeline services, the agency shall immediately
652	forward the information to the commission to ensure that the
653	person is automatically enrolled in the program with the
654	appropriate eligible telecommunications carrier. The state
655	agency shall include an option for an eligible customer to
656	choose not to subscribe to the Lifeline service. The Public
657	Service Commission and the Department of Children and Family
658	Services shall, no later than December 31, 2007, adopt rules
659	creating procedures to automatically enroll eligible customers
660	in Lifeline service.
661	3.  By December 31, 2010, the commission, the Department of
662	Children and Family Services, the Office of Public Counsel, and
663	each eligible telecommunications carrier offering Lifeline and
664	Link-Up services shall convene a Lifeline Workgroup to discuss
665	how the eligible subscriber information in subparagraph 1. will
666	be shared, the obligations of each party with respect to the use
667	of that information, and the procedures to be implemented to
668	increase enrollment and verify eligibility in these programs.
669	(h)(i)  The commission shall report to the Governor, the
670	President of the Senate, and the Speaker of the House of
671	Representatives by December 31 each year on the number of
672	customers who are subscribing to Lifeline service and the
673	effectiveness of any procedures to promote participation.
674	(i)  The commission may undertake appropriate measures to
675	inform low-income consumers of the availability of the Lifeline
676	and Link-Up programs.
677	(j)  The commission shall adopt rules to administer this
678	section.
679	Section 21.  Section 364.15, Florida Statutes, is repealed.
680	Section 22.  Section 364.16, Florida Statutes, is amended
681	to read:
682	364.16  Connection of lines and transfers; Local
683	interconnection, unbundling, and resale; telephone number
684	portability.-
685	(1)  The Legislature finds that the competitive provision
686	of local exchange service requires appropriate continued
687	regulatory oversight of carrier-to-carrier relationships in
688	order to provide for the development of fair and effective
689	competition.
690	(2)  It is the intent of the Legislature that in resolving
691	disputes, the commission treat all providers of
692	telecommunications services fairly by preventing anticompetitive
693	behavior, including, but not limited to, predatory pricing.
694	(3)  The commission shall, upon request, arbitrate and
695	enforce interconnection agreements pursuant to 47 U.S.C. ss. 251
696	and 252 and the Federal Communications Commission's orders and
697	regulations implementing those sections. The commission has the
698	authority to resolve disputes among carriers concerning
699	violations of this chapter and under the authority conferred by
700	federal law to resolve such disputes, including, but not limited
701	to, federal law addressing resale of services, local
702	interconnection, unbundling, number portability, dialing parity,
703	access to rights-of-way, access to poles and conduits, and
704	reciprocal compensation. However, this section does not confer
705	jurisdiction on the commission for services that are exempt from
706	commission jurisdiction under s. 364.011 or s. 364.013.
707	Additionally, a competitive local exchange telecommunications
708	company is entitled to interconnection with a local exchange
709	telecommunications company to transmit and route voice traffic
710	between both the competitive local exchange telecommunications
711	company and the local exchange telecommunications company
712	regardless of the technology by which the voice traffic is
713	originated by and terminated to an end user. The commission
714	shall afford the competitive local exchange telecommunications
715	company all substantive and procedural rights available to such
716	companies regarding interconnection under the law.
717	(4)  A telecommunications company may not knowingly deliver
718	traffic, for which terminating access service charges would
719	otherwise apply, through a local interconnection arrangement
720	without paying the appropriate charges for such terminating
721	access service. Any party having a substantial interest may
722	petition the commission for an investigation of any suspected
723	violation of this subsection. If a telecommunications company
724	knowingly violates this subsection, the commission has
725	jurisdiction to arbitrate bona fide complaints arising from the
726	requirements of this subsection and shall, upon such complaint,
727	have access to all relevant customer records and accounts of any
728	telecommunications company.
729	(5)  The commission shall adopt rules to prevent the
730	unauthorized changing of a subscriber's telecommunications
731	service. Such rules shall be consistent with the
732	Telecommunications Act of 1996, provide for specific
733	verification methodologies, provide for the notification to
734	subscribers of the ability to freeze the subscriber's choice of
735	carriers at no charge, allow for a subscriber's change to be
736	considered valid if verification was performed consistent with
737	commission rules, provide remedies for violations of the rules,
738	and allow for the imposition of other penalties available under
739	this chapter. The commission shall resolve on an expedited basis
740	any complaints of anticompetitive behavior concerning a local
741	preferred carrier freeze. The telecommunications company that is
742	asserting the existence of a local preferred carrier freeze,
743	which is the subject of a complaint, has the burden of proving
744	through competent evidence that the subscriber did in fact
745	request the freeze.
746	(6)  Upon petition, the commission may conduct a limited or
747	expedited proceeding to consider and act upon any matter under
748	this section. The commission shall determine the issues to be
749	considered during such a proceeding and may grant or deny any
750	request to expand the scope of the proceeding to include other
751	matters. The commission shall implement an expedited process to
752	facilitate the quick resolution of disputes between
753	telecommunications companies. The process implemented by the
754	commission shall, to the greatest extent feasible, minimize the
755	time necessary to reach a decision on a dispute. The commission
756	may limit the use of the expedited process based on the number
757	of parties, the number of issues, or the complexity of the
758	issues. For any proceeding conducted pursuant to the expedited
759	process, the commission shall make its determination within 120
760	days after a petition is filed or a motion is made. The
761	commission shall adopt rules to administer this subsection.
762	(1)  Whenever the commission finds that connections between
763	any two or more local exchange telecommunications companies,
764	whose lines form a continuous line of communication or could be
765	made to do so by the construction and maintenance of suitable
766	connections at common points, can reasonably be made and
767	efficient service obtained, and that such connections are
768	necessary, the commission may require such connections to be
769	made, may require that telecommunications services be
770	transferred, and may prescribe through lines and joint rates and
771	charges to be made, used, observed, and in force in the future
772	and fix the rates and charges by order to be served upon the
773	company or companies affected.
774	(2)  Each competitive local exchange telecommunications
775	company shall provide access to, and interconnection with, its
776	telecommunications services to any other provider of local
777	exchange telecommunications services requesting such access and
778	interconnection at nondiscriminatory prices, terms, and
779	conditions. If the parties are unable to negotiate mutually
780	acceptable prices, terms, and conditions after 60 days, either
781	party may petition the commission and the commission shall have
782	120 days to make a determination after proceeding as required by
783	s. 364.162(2) pertaining to interconnection services.
784	(3)  Each local exchange telecommunications company shall
785	provide access to, and interconnection with, its
786	telecommunications facilities to any other provider of local
787	exchange telecommunications services requesting such access and
788	interconnection at nondiscriminatory prices, rates, terms, and
789	conditions established by the procedures set forth in s.
790	364.162.
791	(a)  No local exchange telecommunications company or
792	competitive local exchange telecommunications company shall
793	knowingly deliver traffic, for which terminating access service
794	charges would otherwise apply, through a local interconnection
795	arrangement without paying the appropriate charges for such
796	terminating access service.
797	(b)  Any party with a substantial interest may petition the
798	commission for an investigation of any suspected violation of
799	paragraph (a). In the event any certificated local exchange
800	service provider knowingly violates paragraph (a), the
801	commission shall have jurisdiction to arbitrate bona fide
802	complaints arising from the requirements of this subsection and
803	shall, upon such complaint, have access to all relevant customer
804	records and accounts of any telecommunications company.
805	(7)(4)  In order to ensure assure that consumers have
806	access to different local exchange service providers without
807	being disadvantaged, deterred, or inconvenienced by having to
808	give up the consumer's existing local telephone number, the
809	commission must make sure that all providers of local exchange
810	services must have access to local telephone numbering resources
811	and assignments on equitable terms that include a recognition of
812	the scarcity of such resources and that are in accordance with
813	national assignment guidelines. Each local exchange provider,
814	except small local exchange telecommunications companies under
815	rate of return regulation, shall provide a temporary means of
816	achieving telephone number portability. The parties, under the
817	direction of the commission, shall set up a number portability
818	standards group by no later than September 1, 1995, for the
819	purposes of investigation and development of appropriate
820	parameters, costs, and standards for number portability. If the
821	parties are unable to successfully negotiate the prices, terms,
822	and conditions of a temporary number portability solution, the
823	commission shall establish a temporary number portability
824	solution by no later than January 1, 1996. Each local exchange
825	service provider shall make necessary modifications to allow
826	permanent portability of local telephone numbers between
827	certificated providers of local exchange service as soon as
828	reasonably possible after the development of national standards.
829	The parties shall negotiate the prices, terms, and conditions
830	for permanent telephone number portability arrangements. In the
831	event the parties are unable to satisfactorily negotiate the
832	prices, terms, and conditions, either party may petition the
833	commission and the commission shall, after opportunity for a
834	hearing, set the rates, terms, and conditions. The prices and
835	rates shall not be below cost. Number portability between
836	different certificated providers of local exchange service at
837	the same location shall be provided temporarily no later than
838	January 1, 1996.
839	(8)(5)  When requested, each certificated
840	telecommunications company shall provide access to any poles,
841	conduits, rights-of-way, and like facilities that it owns or
842	controls to any local exchange telecommunications company or
843	competitive local exchange telecommunications company pursuant
844	to reasonable rates and conditions mutually agreed to which do
845	not discriminate between similarly situated companies.
846	Section 23.  Section 364.161, Florida Statutes, is
847	repealed.
848	Section 24.  Section 364.162, Florida Statutes, is
849	repealed.
850	Section 25.  Section 364.163, Florida Statutes, is amended
851	to read:
852	364.163  Network access services.-For purposes of this
853	section, the term "network access service" is defined as any
854	service provided by a local exchange telecommunications company
855	to a telecommunications company certificated under this chapter
856	or licensed by the Federal Communications Commission to access
857	the local exchange telecommunications network, excluding the
858	local interconnection, resale, or unbundling pursuant to
859	arrangements in s. 364.16 and the resale arrangements in s.
860	364.161. Each local exchange telecommunications company subject
861	to s. 364.051 shall maintain tariffs with the commission
862	containing the terms, conditions, and rates for each of its
863	network access services. The switched network access service
864	rates in effect immediately prior to July 1, 2007, shall be, and
865	shall remain, capped at that level until July 1, 2010. An
866	interexchange telecommunications company may not institute any
867	intrastate connection fee or any similarly named fee.
868	Section 26.  Section 364.183, Florida Statutes, is amended
869	to read:
870	364.183  Access to company records.-
871	(1)  The commission shall have access to all records of a
872	telecommunications company which that are reasonably necessary
873	for the disposition of matters within the commission's
874	jurisdiction. The commission shall also have access to those
875	records of a local exchange telecommunications company's
876	affiliated companies, including its parent company, that are
877	reasonably necessary for the disposition of any matter
878	concerning an affiliated transaction or a claim of
879	anticompetitive behavior including claims of cross-subsidization
880	and predatory pricing. The commission may require a
881	telecommunications company to file records, reports or other
882	data directly related to matters within the commission's
883	jurisdiction in the form specified by the commission and may
884	require such company to retain such information for a designated
885	period of time. Upon request of the company or other person, any
886	records received by the commission which are claimed by the
887	company or other person to be proprietary confidential business
888	information shall be kept confidential and shall be exempt from
889	s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
890	(2)  Discovery in any docket or proceeding before the
891	commission shall be in the manner provided for in Rule 1.280 of
892	the Florida Rules of Civil Procedure. Upon a showing by a
893	company or other person and a finding by the commission that
894	discovery will require the disclosure of proprietary
895	confidential business information, the commission shall issue an
896	appropriate protective order designating the manner for handling
897	such information during the course of the proceeding and for
898	protecting such information from disclosure outside the
899	proceeding. Such proprietary confidential business information
900	shall be exempt from s. 119.07(1). Any records provided pursuant
901	to a discovery request for which proprietary confidential
902	business information status is requested shall be treated by the
903	commission and the Office of the Public Counsel and any other
904	party subject to the public records law as confidential and
905	shall be exempt from s. 119.07(1), pending a formal ruling on
906	such request by the commission or the return of the records to
907	the person providing the records. Any record which has been
908	determined to be proprietary confidential business information
909	and is not entered into the official record of the proceeding
910	shall be returned to the person providing the record within 60
911	days after the final order, unless the final order is appealed.
912	If the final order is appealed, any such record shall be
913	returned within 30 days after the decision on appeal. The
914	commission shall adopt the necessary rules to implement this
915	subsection.
916	(3)  The term "proprietary confidential business
917	information" means information, regardless of form or
918	characteristics, which is owned or controlled by the person or
919	company, is intended to be and is treated by the person or
920	company as private in that the disclosure of the information
921	would cause harm to the ratepayers or the person's or company's
922	business operations, and has not been disclosed unless disclosed
923	pursuant to a statutory provision, an order of a court or
924	administrative body, or private agreement that provides that the
925	information will not be released to the public. The term
926	includes, but is not limited to:
927	(a)  Trade secrets.
928	(b)  Internal auditing controls and reports of internal
929	auditors.
930	(c)  Security measures, systems, or procedures.
931	(d)  Information concerning bids or other contractual data,
932	the disclosure of which would impair the efforts of the company
933	or its affiliates to contract for goods or services on favorable
934	terms.
935	(e)  Information relating to competitive interests, the
936	disclosure of which would impair the competitive business of the
937	provider of information.
938	(f)  Employee personnel information unrelated to
939	compensation, duties, qualifications, or responsibilities.
940	(4)  Any finding by the commission that a record contains
941	proprietary confidential business information is effective for a
942	period set by the commission not to exceed 18 months, unless the
943	commission finds, for good cause, that the protection from
944	disclosure shall be for a specified longer period. The
945	commission shall order the return of a record containing
946	proprietary confidential business information when such record
947	is no longer necessary for the commission to conduct its
948	business. At that time, the commission shall order any other
949	person holding such record to return it to the person providing
950	the record. Any record containing proprietary confidential
951	business information which has not been returned at the
952	conclusion of the period set pursuant to this subsection shall
953	no longer be exempt from s. 119.07(1) unless the
954	telecommunications company or affected person shows, and the
955	commission finds, that the record continues to contain
956	proprietary confidential business information. Upon such
957	finding, the commission may extend the period for confidential
958	treatment for a period not to exceed 18 months unless the
959	commission finds, for good cause, that the protection from
960	disclosure shall be for a specified longer period. During
961	commission consideration of an extension, the record in question
962	remains exempt from s. 119.07(1). The commission shall adopt
963	rules to implement this subsection, which shall include notice
964	to the telecommunications company or affected person regarding
965	the expiration of confidential treatment.
966	Section 27.  Section 364.185, Florida Statutes, is
967	repealed.
968	Section 28.  Section 364.19, Florida Statutes, is repealed.
969	Section 29.  Section 364.27, Florida Statutes, is repealed.
970	Section 30.  Section 364.33, Florida Statutes, is amended
971	to read:
972	364.33  Certificate of necessity or authority prerequisite
973	to construction, operation, or control of telecommunications
974	facilities.-Except for a transfer of a certificate of necessity
975	from one person to another or to the parent or affiliate of a
976	certificated person as provided in this section, A person may
977	not provide begin the construction or operation of any
978	telecommunications services to the public without a certificate
979	of necessity or a certificate of authority. After July 1, 2011,
980	the commission shall cease to issue certificates of necessity,
981	but existing certificates of necessity remain valid. A
982	certificate of necessity or authority may be transferred to the
983	holder's parent company or an affiliate or another person
984	holding a certificate of necessity or authority, its parent
985	company, or an affiliate without prior approval of the
986	commission by giving written notice of the transfer to the
987	commission within 60 days after the completion of the transfer.
988	The transferee assumes the rights and obligations conferred by
989	the certificate. This section does not affect any obligation of
990	the transferee pursuant to 47 U.S.C. ss. 251 and 252 and the
991	Federal Communications Commission's orders and regulations
992	implementing those sections. facility, or any extension thereof
993	for the purpose of providing telecommunications services to the
994	public, or acquire ownership or control thereof, in whatever
995	manner, including the acquisition, transfer, or assignment of
996	majority organizational control or controlling stock ownership,
997	without prior approval. A certificate of necessity or control
998	thereof may be transferred from a person holding a certificate,
999	its parent or an affiliate to another person holding a
1000	certificate, its parent or an affiliate, and a person holding a
1001	certificate, its parent or an affiliate may acquire ownership or
1002	control of a telecommunications facility through the
1003	acquisition, transfer, or assignment of majority organizational
1004	control or controlling stock ownership of a person holding a
1005	certificate without prior approval of the commission by giving
1006	60 days' written notice of the transfer or change of control to
1007	the commission and affected customers. This section does not
1008	require approval by the commission prior to the construction,
1009	operation, or extension of a facility by a certificated company
1010	within its certificated area nor in any way limit the
1011	commission's ability to review the prudence of such construction
1012	programs for ratemaking as provided under this chapter.
1013	Section 31.  Section 364.335, Florida Statutes, is amended
1014	to read:
1015	364.335  Application for certificate of authority.-
1016	(1)  Each applicant for a certificate of authority shall:
1017	(a)  Provide the following information:
1018	1.  The applicant's official name and, if different, any
1019	name under which the applicant will do business.
1020	2.  The street address of the principal place of business
1021	of the applicant.
1022	3.  The federal employer identification number or the
1023	Department of State's document number.
1024	4.  The name, address, and telephone number of an officer,
1025	partner, owner, member, or manager as a contact person for the
1026	applicant to whom questions or concerns may be addressed.
1027	5.  Information demonstrating the applicant's managerial,
1028	technical, and financial ability to provide telecommunications
1029	service, including an attestation to the accuracy of the
1030	information provided. provide all information required by rule
1031	or order of the commission, which may include a detailed inquiry
1032	into the ability of the applicant to provide service, a detailed
1033	inquiry into the territory and facilities involved, and a
1034	detailed inquiry into the existence of service from other
1035	sources within geographical proximity to the territory applied
1036	for.
1037	(b)  File with the commission schedules showing all rates
1038	for service of every kind furnished by it and all rules and
1039	contracts relating to such service.
1040	(b)(c)  File the application fee required by the commission
1041	in an amount not to exceed $500. Such fees shall be deposited in
1042	accordance with s. 350.113.
1043	(d)  Submit an affidavit that the applicant has caused
1044	notice of its application to be given to such persons and in
1045	such manner as may be prescribed by commission rule.
1046	(2)  The commission shall grant a certificate of authority
1047	to provide telecommunications service upon a showing that the
1048	applicant has sufficient technical, financial, and managerial
1049	capability to provide such service in the geographic area
1050	proposed to be served. The applicant shall ensure continued
1051	compliance with applicable business formation, registration, and
1052	taxation provisions of law. If the commission grants the
1053	requested certificate, any person who would be substantially
1054	affected by the requested certification may, within 21 days
1055	after the granting of such certificate, file a written objection
1056	requesting a proceeding pursuant to ss. 120.569 and 120.57. The
1057	commission may, on its own motion, institute a proceeding under
1058	ss. 120.569 and 120.57 to determine whether the grant of such
1059	certificate is in the public interest. The commission shall
1060	order such proceeding conducted in or near the territory applied
1061	for, if feasible. If any person requests a public hearing on the
1062	application, such hearing shall, if feasible, be held in or near
1063	the territory applied for, and the transcript of the public
1064	hearing and any material submitted at or prior to the hearing
1065	shall be considered part of the record of the application and
1066	any proceeding related to the application.
1067	(3)  A certificate of authority may be terminated by the
1068	telecommunications company by submitting notice to the
1069	commission. The commission may grant a certificate, in whole or
1070	in part or with modifications in the public interest, but in no
1071	event granting authority greater than that requested in the
1072	application or amendments thereto and noticed under subsection
1073	(1); or it may deny a certificate. The commission may grant
1074	certificates for proposed telecommunications companies, or for
1075	the extension of an existing telecommunications company, without
1076	regard to whether such companies will be in competition with or
1077	duplicate the local exchange services provided by any other
1078	telecommunications company. The commission may also grant a
1079	certificate for a proposed telecommunications company, or for
1080	the extension of an existing telecommunications company, which
1081	will be providing either competitive or duplicative pay
1082	telephone service pursuant to the provisions of s. 364.3375, or
1083	private line service by a certified alternative access vendor
1084	pursuant to s. 364.337(6). Pay telephone service shall include
1085	that telephone service using telephones that are capable of
1086	accepting payment by specie, paper money, or credit cards.
1087	(4)  Except as provided in s. 364.33, revocation,
1088	suspension, transfer, or amendment of a certificate shall be
1089	subject to the provisions of this section; except that, when the
1090	commission initiates the action, the commission shall furnish
1091	notice to the appropriate local government and to the Public
1092	Counsel.
1093	Section 32.  Section 364.336, Florida Statutes, is amended
1094	to read:
1095	364.336  Regulatory assessment fees.-
1096	(1)  Notwithstanding any provisions of law to the contrary,
1097	each telecommunications company licensed or operating under this
1098	chapter, for any part of the preceding 6-month period, shall pay
1099	to the commission, within 30 days following the end of each 6-
1100	month period, a fee that may not exceed 0.25 percent annually of
1101	its gross operating revenues derived from intrastate business,
1102	except, for purposes of this section and the fee specified in s.
1103	350.113(3), any amount paid to another telecommunications
1104	company for the use of any telecommunications network shall be
1105	deducted from the gross operating revenue for purposes of
1106	computing the fee due. The commission shall by rule assess a
1107	minimum fee in an amount up to $1,000. The minimum amount may
1108	vary depending on the type of service provided by the
1109	telecommunications company, and shall, to the extent
1110	practicable, be related to the cost of regulating such type of
1111	company. Differences, if any, between the amount paid in any 6-
1112	month period and the amount actually determined by the
1113	commission to be due shall, upon motion by the commission, be
1114	immediately paid or refunded. Fees under this section may not be
1115	less than $50 annually. Such fees shall be deposited in
1116	accordance with s. 350.113. The commission may by rule establish
1117	criteria for payment of the regulatory assessment fee on an
1118	annual basis rather than on a semiannual basis.
1119	(2)  By August 1, 2011, the commission must begin
1120	rulemaking to reduce the regulatory assessment fee for
1121	telecommunications companies under s. 350.113 and this section,
1122	as required to reflect the reduction in regulation resulting
1123	from the amendments to chapter 364 that take effect on July 1,
1124	2011. The reduced fee shall be applied beginning with payments
1125	due in January 2012 on revenues for the preceding 6-month
1126	period. The commission's consideration of the required amount of
1127	the reduction to the regulatory assessment fee must include, but
1128	is not limited to:
1129	(a)  The regulatory activities that are no longer required
1130	and the number of staff currently assigned to such activities.
1131	(b)  The number of staff necessary to carry out the reduced
1132	level of regulatory responsibilities based on reductions in
1133	workload for the staff in the Division of Regulatory Analysis,
1134	the Office of Auditing and Performance Analysis, and the
1135	Division of Service, Safety and Consumer Assistance.
1136	(c)  The reductions in overhead associated with the
1137	commissioner's offices, the Office of General Counsel, the
1138	Office of Commission Clerk, the Office of Information Technology
1139	Services, the Office of Public Information, and the Office of
1140	Inspector General.
1141	(d)  The reductions in direct and indirect costs, including
1142	allocations of fixed costs.
1143	(3)  By January 15, 2012, and annually thereafter, the
1144	commission must report to the Governor, the President of the
1145	Senate, and the Speaker of the House of Representatives,
1146	providing a detailed description of its efforts to reduce the
1147	regulatory assessment fee for telecommunications companies,
1148	including a detailed description of the regulatory activities
1149	that are no longer required; the commensurate reduction in costs
1150	associated with this reduction in regulation; the regulatory
1151	activities that continue to be required under this chapter; and
1152	the costs associated with those regulatory activities.
1153	Section 33.  Section 364.337, Florida Statutes, is
1154	repealed.
1155	Section 34.  Section 364.3375, Florida Statutes, is amended
1156	to read:
1157	364.3375  Pay telephone service providers.-
1158	(1)(a)  A No person may not shall provide pay telephone
1159	service without first obtaining from the commission a
1160	certificate of authority or necessity public convenience and
1161	necessity to provide such service, except that the certification
1162	provisions of this subsection do not apply to a local exchange
1163	telecommunications company providing pay telephone service.
1164	(b)  In granting such certificate the commission, if it
1165	finds that the action is consistent with the public interest,
1166	may exempt a pay telephone provider from some or all of the
1167	requirements of this chapter. However, the commission may exempt
1168	a pay telephone provider from this section only to prevent fraud
1169	or if it finds the exemption to be in the public interest.
1170	(c)  A certificate authorizes the pay telephone provider to
1171	provide services statewide and to provide access to both local
1172	and intrastate interexchange pay telephone service, except that
1173	the commission may limit the type of calls that can be handled.
1174	(2)  Each pay telephone station shall:
1175	(a)  Receive and permit coin-free access to the universal
1176	emergency telephone number "911" where operable or to a local
1177	exchange company toll operator.
1178	(b)  Receive and provide coin-free or coin-return access to
1179	local directory assistance and the telephone number of the
1180	person responsible for repair service.
1181	(c)  Designate a party responsible for processing refunds
1182	to customers.
1183	(d)  Be equipped with a legible sign, card, or plate of
1184	reasonable permanence which provides information determined by
1185	the commission, by rule, to adequately inform the end user.
1186	(e)  Be eligible to subscribe to flat-rate, single-line
1187	business local exchange services.
1188	(3)  Each pay telephone station which provides access to
1189	any interexchange telecommunications company shall provide
1190	access to all locally available interexchange telecommunications
1191	companies and shall provide for the completion of international
1192	telephone calls under terms and conditions as determined by the
1193	commission. The commission may grant limited waivers of this
1194	provision to pay telephone companies or operator service
1195	providers to prevent fraud or as otherwise determined in the
1196	public interest.
1197	(4)  A pay telephone provider may charge, as a maximum rate
1198	for local coin calls, a rate equivalent to the local coin rate
1199	of the local exchange telecommunications company.
1200	(5)  A pay telephone provider shall not obtain services
1201	from an operator service provider unless such operator service
1202	provider has obtained a certificate of public convenience and
1203	necessity from the commission pursuant to the provisions of s.
1204	364.3376.
1205	Section 35.  Section 364.3376, Florida Statutes, is
1206	repealed.
1207	Section 36.  Section 364.3381, Florida Statutes, is
1208	repealed.
1209	Section 37.  Section 364.3382, Florida Statutes, is
1210	repealed.
1211	Section 38.  Section 364.339, Florida Statutes, is
1212	repealed.
1213	Section 39.  Section 364.345, Florida Statutes, is
1214	repealed.
1215	Section 40.  Section 364.37, Florida Statutes, is repealed.
1216	Section 41.  Section 364.385, Florida Statutes, is amended
1217	to read:
1218	364.385  Saving clauses.-
1219	(1)  This act does not invalidate any certificate or cause
1220	to be unlawful any rate which has been previously approved and
1221	which is lawfully being charged and collected immediately prior
1222	to July 1, 1995. However, such rate may not be changed, and a
1223	certificate may not be modified, suspended, or revoked, on or
1224	after July 1, 1995, except in accordance with the provisions of
1225	this act.
1226	(2)  All applications for extended area service, routes, or
1227	extended calling service pending before the commission on March
1228	1, 1995, shall be governed by the law as it existed prior to
1229	July 1, 1995. Upon the approval of the application, the extended
1230	area service, routes, or extended calling service shall be
1231	considered basic services and shall be regulated as provided in
1232	s. 364.051. Proceedings including judicial review pending on
1233	July 1, 1995, shall be governed by the law as it existed prior
1234	to the date on which this section becomes a law. No new
1235	proceedings governed by the law as it existed prior to July 1,
1236	1995, shall be initiated after July 1, 1995. Any administrative
1237	adjudicatory proceeding which has not progressed to the stage of
1238	a hearing by July 1, 1995, may, with the consent of all parties
1239	and the commission, be conducted in accordance with the law as
1240	it existed prior to January 1, 1996.
1241	(3)  Florida Public Service Commission Order No. PSC 94-
1242	0172-FOF-TL shall remain in effect, and BellSouth
1243	Telecommunications, Inc., shall fully comply with that order
1244	unless modified by the Florida Public Service Commission
1245	pursuant to the terms of that order. The order may not be
1246	modified to extend beyond December 31, 1997, except that the
1247	Florida Public Service Commission shall retain jurisdiction and
1248	all parties shall retain their rights under the agreement after
1249	December 31, 1997, solely for the purpose of effectuating the
1250	provisions of the order applicable to periods prior to January
1251	1, 1998. The depreciation rates approved by the Florida Public
1252	Service Commission and in effect as of December 31, 1994, shall
1253	be used to calculate the earnings available for sharing for
1254	periods prior to January 1, 1998.
1255	(4)  The rates and charges for basic local
1256	telecommunications service and network access service approved
1257	by the commission in accordance with the decisions set forth in
1258	Order Nos. PSC 03-1469-FOF-TL and PSC 04-0456-FOF-TL, and which
1259	are in effect immediately prior to July 1, 2007, shall remain in
1260	effect and such rates and charges may not be changed after the
1261	effective date of this act, except in accordance with the
1262	provisions of s. 364.163 ss. 364.051 and 364.163.
1263	Section 42.  Section 364.386, Florida Statutes, is amended
1264	to read:
1265	364.386  Reports to the Legislature.-
1266	(1)(a)  The commission shall submit to the President of the
1267	Senate, the Speaker of the House of Representatives, and the
1268	majority and minority leaders of the Senate and the House of
1269	Representatives, on August 1, 2008, and on an annual basis
1270	thereafter, a report on the status of competition in the
1271	telecommunications industry and a detailed exposition of the
1272	following:
1273	1.  The overall impact of local exchange telecommunications
1274	competition on the continued availability of universal service.
1275	1.2.  The ability of competitive providers to make
1276	functionally equivalent local exchange services available to
1277	both residential and business customers at competitive rates,
1278	terms, and conditions.
1279	2.3.  The ability of consumers to obtain functionally
1280	equivalent services at comparable rates, terms, and conditions.
1281	3.4.  The overall impact of competition price regulation on
1282	the maintenance of reasonably affordable and reliable high-
1283	quality telecommunications services.
1284	4.5.  A listing and short description of any carrier
1285	disputes filed under s. 364.16. What additional services, if
1286	any, should be included in the definition of basic local
1287	telecommunications services, taking into account advances in
1288	technology and market demand.
1289	6.  Any other information and recommendations which may be
1290	in the public interest.
1291	(b)  The commission shall make an annual request to
1292	providers of local exchange telecommunications services on or
1293	before March 1, 2008, and on or before March 1 of each year
1294	thereafter, for the data it requires to complete the report. A
1295	provider of local exchange telecommunications services shall
1296	file its response with the commission on or before April 15,
1297	2008, and on or before April 15 of each year thereafter.
1298	(2)  In lieu of The quantitative part of the information
1299	requested in the commission's annual data request shall be
1300	limited to, a provider of local exchange telecommunications
1301	services may file the following:
1302	(a)  a copy of the FCC Form 477 filed by a provider of
1303	local exchange telecommunications service with the Federal
1304	Communications Commission, which must identify Florida-specific
1305	access line data or similar information if an FCC Form 477 is
1306	not available.; and
1307	(b)  Provisioned Florida access line data identified by
1308	telephone exchange location.
1309	(3)  The Office of Public Counsel is also directed to
1310	submit a report on competition in the telecommunications
1311	industry and on how the price regulation provisions of s.
1312	364.051 have benefited the ratepayers and consumers of this
1313	state and any other information and recommendations which may be
1314	in the public interest.
1315	Section 43.  Section 364.501, Florida Statutes, is
1316	repealed.
1317	Section 44.  Section 364.503, Florida Statutes, is
1318	repealed.
1319	Section 45.  Section 364.506, Florida Statutes, is
1320	repealed.
1321	Section 46.  Section 364.507, Florida Statutes, is
1322	repealed.
1323	Section 47.  Section 364.508, Florida Statutes, is
1324	repealed.
1325	Section 48.  Section 364.515, Florida Statutes, is
1326	repealed.
1327	Section 49.  Section 364.516, Florida Statutes, is
1328	repealed.
1329	Section 50.  Section 364.601, Florida Statutes, is
1330	repealed.
1331	Section 51.  Section 364.602, Florida Statutes, is
1332	repealed.
1333	Section 52.  Section 364.603, Florida Statutes, is
1334	repealed.
1335	Section 53.  Section 364.604, Florida Statutes, is
1336	repealed.
1337	Section 54.  Subsection (6) of section 196.012, Florida
1338	Statutes, is amended to read:
1339	196.012  Definitions.-For the purpose of this chapter, the
1340	following terms are defined as follows, except where the context
1341	clearly indicates otherwise:
1342	(6)  Governmental, municipal, or public purpose or function
1343	shall be deemed to be served or performed when the lessee under
1344	any leasehold interest created in property of the United States,
1345	the state or any of its political subdivisions, or any
1346	municipality, agency, special district, authority, or other
1347	public body corporate of the state is demonstrated to perform a
1348	function or serve a governmental purpose which could properly be
1349	performed or served by an appropriate governmental unit or which
1350	is demonstrated to perform a function or serve a purpose which
1351	would otherwise be a valid subject for the allocation of public
1352	funds. For purposes of the preceding sentence, an activity
1353	undertaken by a lessee which is permitted under the terms of its
1354	lease of real property designated as an aviation area on an
1355	airport layout plan which has been approved by the Federal
1356	Aviation Administration and which real property is used for the
1357	administration, operation, business offices and activities
1358	related specifically thereto in connection with the conduct of
1359	an aircraft full service fixed base operation which provides
1360	goods and services to the general aviation public in the
1361	promotion of air commerce shall be deemed an activity which
1362	serves a governmental, municipal, or public purpose or function.
1363	Any activity undertaken by a lessee which is permitted under the
1364	terms of its lease of real property designated as a public
1365	airport as defined in s. 332.004(14) by municipalities,
1366	agencies, special districts, authorities, or other public bodies
1367	corporate and public bodies politic of the state, a spaceport as
1368	defined in s. 331.303, or which is located in a deepwater port
1369	identified in s. 403.021(9)(b) and owned by one of the foregoing
1370	governmental units, subject to a leasehold or other possessory
1371	interest of a nongovernmental lessee that is deemed to perform
1372	an aviation, airport, aerospace, maritime, or port purpose or
1373	operation shall be deemed an activity that serves a
1374	governmental, municipal, or public purpose. The use by a lessee,
1375	licensee, or management company of real property or a portion
1376	thereof as a convention center, visitor center, sports facility
1377	with permanent seating, concert hall, arena, stadium, park, or
1378	beach is deemed a use that serves a governmental, municipal, or
1379	public purpose or function when access to the property is open
1380	to the general public with or without a charge for admission. If
1381	property deeded to a municipality by the United States is
1382	subject to a requirement that the Federal Government, through a
1383	schedule established by the Secretary of the Interior, determine
1384	that the property is being maintained for public historic
1385	preservation, park, or recreational purposes and if those
1386	conditions are not met the property will revert back to the
1387	Federal Government, then such property shall be deemed to serve
1388	a municipal or public purpose. The term "governmental purpose"
1389	also includes a direct use of property on federal lands in
1390	connection with the Federal Government's Space Exploration
1391	Program or spaceport activities as defined in s. 212.02(22).
1392	Real property and tangible personal property owned by the
1393	Federal Government or Space Florida and used for defense and
1394	space exploration purposes or which is put to a use in support
1395	thereof shall be deemed to perform an essential national
1396	governmental purpose and shall be exempt. "Owned by the lessee"
1397	as used in this chapter does not include personal property,
1398	buildings, or other real property improvements used for the
1399	administration, operation, business offices and activities
1400	related specifically thereto in connection with the conduct of
1401	an aircraft full service fixed based operation which provides
1402	goods and services to the general aviation public in the
1403	promotion of air commerce provided that the real property is
1404	designated as an aviation area on an airport layout plan
1405	approved by the Federal Aviation Administration. For purposes of
1406	determination of "ownership," buildings and other real property
1407	improvements which will revert to the airport authority or other
1408	governmental unit upon expiration of the term of the lease shall
1409	be deemed "owned" by the governmental unit and not the lessee.
1410	Providing two-way telecommunications services to the public for
1411	hire by the use of a telecommunications facility, as defined in
1412	s. 364.02(14) s. 364.02(15), and for which a certificate is
1413	required under chapter 364 does not constitute an exempt use for
1414	purposes of s. 196.199, unless the telecommunications services
1415	are provided by the operator of a public-use airport, as defined
1416	in s. 332.004, for the operator's provision of
1417	telecommunications services for the airport or its tenants,
1418	concessionaires, or licensees, or unless the telecommunications
1419	services are provided by a public hospital.
1420	Section 55.  Paragraph (b) of subsection (1) of section
1421	199.183, Florida Statutes, is amended to read:
1422	199.183  Taxpayers exempt from nonrecurring taxes.-
1423	(1)  Intangible personal property owned by this state or
1424	any of its political subdivisions or municipalities shall be
1425	exempt from taxation under this chapter. This exemption does not
1426	apply to:
1427	(b)  Property related to the provision of two-way
1428	telecommunications services to the public for hire by the use of
1429	a telecommunications facility, as defined in s. 364.02(14) s.
1430	364.02(15), and for which a certificate is required under
1431	chapter 364, when the service is provided by any county,
1432	municipality, or other political subdivision of the state. Any
1433	immunity of any political subdivision of the state or other
1434	entity of local government from taxation of the property used to
1435	provide telecommunication services that is taxed as a result of
1436	this paragraph is hereby waived. However, intangible personal
1437	property related to the provision of telecommunications services
1438	provided by the operator of a public-use airport, as defined in
1439	s. 332.004, for the operator's provision of telecommunications
1440	services for the airport or its tenants, concessionaires, or
1441	licensees, and intangible personal property related to the
1442	provision of telecommunications services provided by a public
1443	hospital, are exempt from taxation under this chapter.
1444	Section 56.  Subsection (6) of section 212.08, Florida
1445	Statutes, is amended to read:
1446	212.08  Sales, rental, use, consumption, distribution, and
1447	storage tax; specified exemptions.-The sale at retail, the
1448	rental, the use, the consumption, the distribution, and the
1449	storage to be used or consumed in this state of the following
1450	are hereby specifically exempt from the tax imposed by this
1451	chapter.
1452	(6)  EXEMPTIONS; POLITICAL SUBDIVISIONS.-There are also
1453	exempt from the tax imposed by this chapter sales made to the
1454	United States Government, a state, or any county, municipality,
1455	or political subdivision of a state when payment is made
1456	directly to the dealer by the governmental entity. This
1457	exemption shall not inure to any transaction otherwise taxable
1458	under this chapter when payment is made by a government employee
1459	by any means, including, but not limited to, cash, check, or
1460	credit card when that employee is subsequently reimbursed by the
1461	governmental entity. This exemption does not include sales of
1462	tangible personal property made to contractors employed either
1463	directly or as agents of any such government or political
1464	subdivision thereof when such tangible personal property goes
1465	into or becomes a part of public works owned by such government
1466	or political subdivision. A determination whether a particular
1467	transaction is properly characterized as an exempt sale to a
1468	government entity or a taxable sale to a contractor shall be
1469	based on the substance of the transaction rather than the form
1470	in which the transaction is cast. The department shall adopt
1471	rules that give special consideration to factors that govern the
1472	status of the tangible personal property before its affixation
1473	to real property. In developing these rules, assumption of the
1474	risk of damage or loss is of paramount consideration in the
1475	determination. This exemption does not include sales, rental,
1476	use, consumption, or storage for use in any political
1477	subdivision or municipality in this state of machines and
1478	equipment and parts and accessories therefor used in the
1479	generation, transmission, or distribution of electrical energy
1480	by systems owned and operated by a political subdivision in this
1481	state for transmission or distribution expansion. Likewise
1482	exempt are charges for services rendered by radio and television
1483	stations, including line charges, talent fees, or license fees
1484	and charges for films, videotapes, and transcriptions used in
1485	producing radio or television broadcasts. The exemption provided
1486	in this subsection does not include sales, rental, use,
1487	consumption, or storage for use in any political subdivision or
1488	municipality in this state of machines and equipment and parts
1489	and accessories therefor used in providing two-way
1490	telecommunications services to the public for hire by the use of
1491	a telecommunications facility, as defined in s. 364.02(14) s.
1492	364.02(15), and for which a certificate is required under
1493	chapter 364, which facility is owned and operated by any county,
1494	municipality, or other political subdivision of the state. Any
1495	immunity of any political subdivision of the state or other
1496	entity of local government from taxation of the property used to
1497	provide telecommunication services that is taxed as a result of
1498	this section is hereby waived. However, the exemption provided
1499	in this subsection includes transactions taxable under this
1500	chapter which are for use by the operator of a public-use
1501	airport, as defined in s. 332.004, in providing such
1502	telecommunications services for the airport or its tenants,
1503	concessionaires, or licensees, or which are for use by a public
1504	hospital for the provision of such telecommunications services.
1505	Section 57.  Subsection (8) of section 290.007, Florida
1506	Statutes, is amended to read:
1507	290.007  State incentives available in enterprise zones.-
1508	The following incentives are provided by the state to encourage
1509	the revitalization of enterprise zones:
1510	(8)  Notwithstanding any law to the contrary, the Public
1511	Service Commission may allow public utilities and
1512	telecommunications companies to grant discounts of up to 50
1513	percent on tariffed rates for services to small businesses
1514	located in an enterprise zone designated pursuant to s.
1515	290.0065. Such discounts may be granted for a period not to
1516	exceed 5 years. For purposes of this subsection, the term
1517	"public utility" has the same meaning as in s. 366.02(1) and the
1518	term "telecommunications company" has the same meaning as in s.
1519	364.02(13) s. 364.02(14).
1520	Section 58.  Subsection (3) of section 350.0605, Florida
1521	Statutes, is amended to read:
1522	350.0605  Former commissioners and employees;
1523	representation of clients before commission.-
1524	(3)  For a period of 2 years following termination of
1525	service on the commission, a former member may not accept
1526	employment by or compensation from a business entity which,
1527	directly or indirectly, owns or controls a public utility
1528	regulated by the commission, from a public utility regulated by
1529	the commission, from a business entity which, directly or
1530	indirectly, is an affiliate or subsidiary of a public utility
1531	regulated by the commission or is an actual business competitor
1532	of a local exchange company or public utility regulated by the
1533	commission and is otherwise exempt from regulation by the
1534	commission under ss. 364.02(13) ss. 364.02(14) and 366.02(1), or
1535	from a business entity or trade association that has been a
1536	party to a commission proceeding within the 2 years preceding
1537	the member's termination of service on the commission. This
1538	subsection applies only to members of the Florida Public Service
1539	Commission who are appointed or reappointed after May 10, 1993.
1540	Section 59.  Section 364.105, Florida Statutes, is amended
1541	to read:
1542	364.105  Discounted rate for basic service for former
1543	Lifeline subscribers.-Each local exchange telecommunications
1544	company shall offer discounted residential basic local
1545	telecommunications service at 70 percent of the residential
1546	local telecommunications service rate for any Lifeline
1547	subscriber who no longer qualifies for Lifeline. A Lifeline
1548	subscriber who requests such service shall receive the
1549	discounted price for a period of 1 year after the date the
1550	subscriber ceases to be qualified for Lifeline. In no event
1551	shall this preclude the offering of any other discounted
1552	services which comply with s. 364.10 ss. 364.08 and 364.10.
1553	Section 60.  Section 364.32, Florida Statutes, is amended
1554	to read:
1555	364.32  Definitions applicable to s. 364.33 ss. 364.33,
1556	364.337, 364.345 and 364.37.-As used in ss. 364.33, 364.337,
1557	364.345 and 364.37:
1558	(1)  "Person" means:
1559	(a)  Any natural person, firm, association, county,
1560	municipality, corporation, business, trust, or partnership
1561	owning, leasing, or operating any facility used in the
1562	furnishing of public telecommunications service within this
1563	state; and
1564	(b)  A cooperative, nonprofit, membership corporation, or
1565	limited dividend or mutual association, now or hereafter
1566	created, with respect to that part or portion of its operations
1567	devoted to the furnishing of telecommunications service within
1568	this state.
1569	(2)  "Territory" means any area, whether within or without
1570	the boundaries of a municipality.
1571	Section 61.  Subsection (5) of section 489.103, Florida
1572	Statutes, is amended to read:
1573	489.103  Exemptions.-This part does not apply to:
1574	(5)  Public utilities, including special gas districts as
1575	defined in chapter 189, telecommunications companies as defined
1576	in s. 364.02(13) s. 364.02(14), and natural gas transmission
1577	companies as defined in s. 368.103(4), on construction,
1578	maintenance, and development work performed by their employees,
1579	which work, including, but not limited to, work on bridges,
1580	roads, streets, highways, or railroads, is incidental to their
1581	business. The board shall define, by rule, the term "incidental
1582	to their business" for purposes of this subsection.
1583	Section 62.  This act shall take effect July 1, 2011.

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