Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1524
       
       
       
       
       
       
                                Barcode 537828                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/21/2011           .                                
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       The Committee on Communications, Energy, and Public Utilities
       (Smith) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 387 - 456
    4  and insert:
    5  
    6         (10)(11) “Operator service” includes, but is not limited
    7  to, billing or completion of third-party, person-to-person,
    8  collect, or calling card or credit card calls through the use of
    9  a live operator or automated equipment.
   10         (11)(12) “Operator service provider” means a person who
   11  furnishes operator service through a call aggregator.
   12         (12)(13) “Service” is to be construed in its broadest and
   13  most inclusive sense. The term “service” does not include
   14  broadband service or voice-over-Internet protocol service for
   15  purposes of regulation by the commission. Nothing herein shall
   16  affect the rights and obligations of any entity related to the
   17  payment of switched network access rates or other intercarrier
   18  compensation, if any, related to voice-over-Internet protocol
   19  service. Notwithstanding s. 364.013, and the exemption of
   20  services pursuant to this subsection, the commission may
   21  arbitrate, enforce, or approve interconnection agreements, and
   22  resolve disputes as provided by 47 U.S.C. ss. 251 and 252, or
   23  any other applicable federal law or regulation. With respect to
   24  the services exempted in this subsection, regardless of the
   25  technology, the duties of a local exchange telecommunications
   26  company are only those that the company is obligated to extend
   27  or provide under applicable federal law and regulations.
   28         (13)(14) “Telecommunications company” includes every
   29  corporation, partnership, and person and their lessees,
   30  trustees, or receivers appointed by any court whatsoever, and
   31  every political subdivision in the state, offering two-way
   32  telecommunications service to the public for hire within this
   33  state by the use of a telecommunications facility. The term
   34  “telecommunications company” does not include:
   35         (a) An entity that provides a telecommunications facility
   36  exclusively to a certificated telecommunications company;
   37         (b) An entity that provides a telecommunications facility
   38  exclusively to a company which is excluded from the definition
   39  of a telecommunications company under this subsection;
   40         (c) A commercial mobile radio service provider;
   41         (d) A facsimile transmission service;
   42         (e) A private computer data network company not offering
   43  service to the public for hire;
   44         (f) A cable television company providing cable service as
   45  defined in 47 U.S.C. s. 522; or
   46         (g) An intrastate interexchange telecommunications company.
   47  
   48  However, each commercial mobile radio service provider and each
   49  intrastate interexchange telecommunications company shall
   50  continue to be liable for any taxes imposed under chapters 202,
   51  203, and 212 and any fees assessed under s. 364.025. Each
   52  intrastate interexchange telecommunications company shall
   53  continue to be subject to s. ss. 364.04, 364.10(3)(a) and (d),
   54  364.163, 364.285, 364.336, 364.501, 364.603, and 364.604, shall
   55  provide the commission with the current information as the
   56  commission deems necessary to contact and communicate with the
   57  company, and shall continue to pay intrastate switched network
   58  access rates or other intercarrier compensation to the local
   59  exchange telecommunications company or the competitive local
   60  exchange telecommunications company for the origination and
   61  termination of interexchange telecommunications service.
   62         (14)(15) “Telecommunications facility” includes real
   63  estate, easements, apparatus, property, and routes used and
   64  operated to provide two-way telecommunications service to the
   65  public for hire within this state.
   66         (15)(16) “VoIP” means any service that:
   67         (a) Enables real-time, two-way voice communications that
   68  originate from or terminate to the user’s location in Internet
   69  Protocol or any successor protocol;
   70         (b) Uses a broadband connection from the user’s location;
   71  and
   72         (c) Permits users generally to receive calls that originate
   73  on the public switched telephone network and to terminate calls
   74  to the public switched telephone network the voice-over-Internet
   75  protocol as that term is defined in federal law.
   76  
   77  ================= T I T L E  A M E N D M E N T ================
   78  And the title is amended as follows:
   79  
   80         Delete lines 26 - 28
   81  and insert:
   82  
   83         364.02, F.S.; removing definition for “monopoly
   84         service” and adding a definition for “VoIP”;