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. |