Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1524
       
       
       
       
       
       
                                Barcode 527954                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/29/2011           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Commerce and Tourism (Flores) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 670 - 815
    4  and insert:
    5  
    6         364.16 Connection of lines and transfers; Local
    7  interconnection, unbundling, and resale; telephone number
    8  portability.—
    9         (1)The Legislature finds that the competitive provision of
   10  local exchange service requires appropriate continued regulatory
   11  oversight of carrier-to-carrier relationships in order to
   12  provide for the development of fair and effective competition.
   13         (2)It is the intent of the Legislature that in resolving
   14  disputes, the commission treat all providers of
   15  telecommunications services fairly by preventing anticompetitive
   16  behavior, including, but not limited to, predatory pricing.
   17         (3)The commission shall, upon request, arbitrate and
   18  enforce interconnection agreements pursuant to 47 U.S.C. ss. 251
   19  and 252 and the Federal Communications Commission’s orders and
   20  regulations implementing those sections. The commission has the
   21  authority to resolve disputes among carriers concerning
   22  violations of this chapter and under the authority conferred by
   23  federal law to resolve such disputes, including, but not limited
   24  to, federal law addressing resale of services, local
   25  interconnection, unbundling, number portability, dialing parity,
   26  access to rights-of-way, access to poles and conduits, and
   27  reciprocal compensation. However, this section does not confer
   28  jurisdiction on the commission for services that are exempt from
   29  commission jurisdiction under s. 364.011 or s. 364.013.
   30  Additionally, a competitive local exchange telecommunications
   31  company is entitled to interconnection with a local exchange
   32  telecommunications company to transmit and route voice traffic
   33  between both the competitive local exchange telecommunications
   34  company and the local exchange telecommunications company
   35  regardless of the technology by which the voice traffic is
   36  originated by and terminated to an end user. The commission
   37  shall afford the competitive local exchange telecommunications
   38  company all substantive and procedural rights available to such
   39  companies regarding interconnection under the law.
   40         (4)A telecommunications company may not knowingly deliver
   41  traffic, for which terminating access service charges would
   42  otherwise apply, through a local interconnection arrangement
   43  without paying the appropriate charges for such terminating
   44  access service. Any party having a substantial interest may
   45  petition the commission for an investigation of any suspected
   46  violation of this subsection. If a telecommunications company
   47  knowingly violates this subsection, the commission has
   48  jurisdiction to arbitrate bona fide complaints arising from the
   49  requirements of this subsection and shall, upon such complaint,
   50  have access to all relevant customer records and accounts of any
   51  telecommunications company.
   52         (5)The commission shall adopt rules to prevent the
   53  unauthorized changing of a subscriber’s telecommunications
   54  service. Such rules shall be consistent with the
   55  Telecommunications Act of 1996, provide for specific
   56  verification methodologies, provide for the notification to
   57  subscribers of the ability to freeze the subscriber’s choice of
   58  carriers at no charge, allow for a subscriber’s change to be
   59  considered valid if verification was performed consistent with
   60  commission rules, provide remedies for violations of the rules,
   61  and allow for the imposition of other penalties available under
   62  this chapter. The commission shall resolve on an expedited basis
   63  any complaints of anticompetitive behavior concerning a local
   64  preferred carrier freeze. The telecommunications company that is
   65  asserting the existence of a local preferred carrier freeze,
   66  which is the subject of a complaint, has the burden of proving
   67  through competent evidence that the subscriber did in fact
   68  request the freeze.
   69         (6) Upon petition, the commission may conduct a limited or
   70  expedited proceeding to consider and act upon any matter under
   71  this section. The commission shall determine the issues to be
   72  considered during such a proceeding and may grant or deny any
   73  request to expand the scope of the proceeding to include other
   74  matters. The commission shall implement an expedited process to
   75  facilitate the quick resolution of disputes between
   76  telecommunications companies. The process implemented by the
   77  commission shall, to the greatest extent feasible, minimize the
   78  time necessary to reach a decision on a dispute. The commission
   79  may limit the use of the expedited process based on the number
   80  of parties, the number of issues, or the complexity of the
   81  issues. For any proceeding conducted pursuant to the expedited
   82  process, the commission shall make its determination within 120
   83  days after a petition is filed or a motion is made. The
   84  commission shall adopt rules to administer this subsection.
   85         (1) Whenever the commission finds that connections between
   86  any two or more local exchange telecommunications companies,
   87  whose lines form a continuous line of communication or could be
   88  made to do so by the construction and maintenance of suitable
   89  connections at common points, can reasonably be made and
   90  efficient service obtained, and that such connections are
   91  necessary, the commission may require such connections to be
   92  made, may require that telecommunications services be
   93  transferred, and may prescribe through lines and joint rates and
   94  charges to be made, used, observed, and in force in the future
   95  and fix the rates and charges by order to be served upon the
   96  company or companies affected.
   97         (2) Each competitive local exchange telecommunications
   98  company shall provide access to, and interconnection with, its
   99  telecommunications services to any other provider of local
  100  exchange telecommunications services requesting such access and
  101  interconnection at nondiscriminatory prices, terms, and
  102  conditions. If the parties are unable to negotiate mutually
  103  acceptable prices, terms, and conditions after 60 days, either
  104  party may petition the commission and the commission shall have
  105  120 days to make a determination after proceeding as required by
  106  s. 364.162(2) pertaining to interconnection services.
  107         (3) Each local exchange telecommunications company shall
  108  provide access to, and interconnection with, its
  109  telecommunications facilities to any other provider of local
  110  exchange telecommunications services requesting such access and
  111  interconnection at nondiscriminatory prices, rates, terms, and
  112  conditions established by the procedures set forth in s.
  113  364.162.
  114         (a) No local exchange telecommunications company or
  115  competitive local exchange telecommunications company shall
  116  knowingly deliver traffic, for which terminating access service
  117  charges would otherwise apply, through a local interconnection
  118  arrangement without paying the appropriate charges for such
  119  terminating access service.
  120         (b) Any party with a substantial interest may petition the
  121  commission for an investigation of any suspected violation of
  122  paragraph (a). In the event any certificated local exchange
  123  service provider knowingly violates paragraph (a), the
  124  commission shall have jurisdiction to arbitrate bona fide
  125  complaints arising from the requirements of this subsection and
  126  shall, upon such complaint, have access to all relevant customer
  127  records and accounts of any telecommunications company.
  128         (7)(4) In order to ensure assure that consumers have access
  129  to different local exchange service providers without being
  130  disadvantaged, deterred, or inconvenienced by having to give up
  131  the consumer’s existing local telephone number, the commission
  132  must make sure that all providers of local exchange services
  133  must have access to local telephone numbering resources and
  134  assignments on equitable terms that include a recognition of the
  135  scarcity of such resources and that are in accordance with
  136  national assignment guidelines. Each local exchange provider,
  137  except small local exchange telecommunications companies under
  138  rate of return regulation, shall provide a temporary means of
  139  achieving telephone number portability. The parties, under the
  140  direction of the commission, shall set up a number portability
  141  standards group by no later than September 1, 1995, for the
  142  purposes of investigation and development of appropriate
  143  parameters, costs, and standards for number portability. If the
  144  parties are unable to successfully negotiate the prices, terms,
  145  and conditions of a temporary number portability solution, the
  146  commission shall establish a temporary number portability
  147  solution by no later than January 1, 1996. Each local exchange
  148  service provider shall make necessary modifications to allow
  149  permanent portability of local telephone numbers between
  150  certificated providers of local exchange service as soon as
  151  reasonably possible after the development of national standards.
  152  The parties shall negotiate the prices, terms, and conditions
  153  for permanent telephone number portability arrangements. In the
  154  event the parties are unable to satisfactorily negotiate the
  155  prices, terms, and conditions, either party may petition the
  156  commission and the commission shall, after opportunity for a
  157  hearing, set the rates, terms, and conditions. The prices and
  158  rates shall not be below cost. Number portability between
  159  different certificated providers of local exchange service at
  160  the same location shall be provided temporarily no later than
  161  January 1, 1996.
  162         (8)(5) When requested, each certificated telecommunications
  163  
  164  ================= T I T L E  A M E N D M E N T ================
  165  And the title is amended as follows:
  166  
  167         Delete lines 51 - 62
  168  and insert:
  169  
  170         facilities; amending s. 364.16, F.S., relating to
  171         local interconnection, unbundling, and resale of
  172         telecommunication services; providing legislative
  173         intent; requiring the Public Service Commission to,
  174         upon request, arbitrate and enforce interconnection
  175         agreements; providing that certain services are exempt
  176         from the commission jurisdiction; providing that a
  177         competitive local exchange telecommunications company
  178         is entitled to interconnection with a local exchange
  179         telecommunications company for certain purposes;
  180         prohibiting a telecommunications company from
  181         knowingly delivering traffic for which terminating
  182         access service charges would otherwise apply;
  183         authorizing any party having a substantial interest to
  184         petition the commission for an investigation;
  185         requiring the commission to adopt rules to prevent the
  186         unauthorized changing of a subscriber’s
  187         telecommunications service; requiring the commission
  188         to conduct an expedited proceeding to resolve
  189         disputes; providing that the telecommunications
  190         company that asserts the existence of a local
  191         preferred carrier freeze has a certain burden of
  192         proof; removing obsolete provisions relating to local
  193         exchange telecommunications companies; repealing ss.
  194         364.161