Senate Bill 2296e1
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  1                      A bill to be entitled
  2         An act relating to telecommunications services;
  3         amending s. 364.0252, F.S.; directing the
  4         Florida Public Service Commission to inform
  5         consumers about specific matters in the
  6         telecommunications services market; amending s.
  7         364.24 F.S.; providing for telephonic customer
  8         account information; amending s. 364.508, F.S.;
  9         deleting certain definitions; amending s.
10         364.509, F.S.; specifying duties of the
11         Department of Education relating to distance
12         learning; amending s. 364.510, F.S.; creating
13         the Florida Distance Learning Network Advisory
14         Council in the Department of Education;
15         providing for membership; specifying
16         representation; providing for organization,
17         procedures, and compensation of the council;
18         providing responsibilities of the council;
19         requiring the department to provide
20         administrative and support services for the
21         council; amending s. 364.514, F.S., to conform;
22         repealing s. 364.506, F.S., relating to the
23         short title to part II, ch. 364, F.S.;
24         repealing s. 364.507, F.S., relating to
25         legislative intent; repealing 364.511, F.S.,
26         relating to the powers of the board of
27         directors of the Florida Distance Learning
28         Network; repealing s. 364.512, F.S., relating
29         to the executive director of the network;
30         repealing s. 364.513, F.S., relating to the
31         annual report and audits of the network;
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  1         providing an appropriation; amending s.
  2         364.025, F.S.; extending the interim mechanism
  3         for maintaining universal service objectives
  4         and funding carrier-of-last-resort obligations
  5         until a specified date; amending s. 364.052,
  6         F.S.; extending carrier-of-last-resort
  7         obligations for small local exchange
  8         telecommunications companies until a specified
  9         date; amending s. 364.051, F.S.; extending
10         price caps on certain telecommunications
11         services; establishing a task force in the
12         Department of Management Services; providing
13         for representation; providing responsibilities;
14         providing for meetings of the task force;
15         providing for support staff for the task force;
16         requiring reports; providing for the
17         dissolution of the task force; providing an
18         appropriation; amending s. 337.401, F.S.;
19         specifying that specified provisions do not
20         apply to the provision of pay telephone service
21         on public or municipal roads or rights-of-way;
22         providing an effective date.
23
24  Be It Enacted by the Legislature of the State of Florida:
25
26         Section 1.  Section 364.0252, Florida Statutes, 1998
27  Supplement, is amended to read:
28         364.0252  Expansion of consumer information programs;
29  customer assistance; rulemaking authority.--By January 1,
30  1999, The Florida Public Service Commission shall expand its
31  current consumer information program to inform consumers of
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  1  their rights as customers of competitive telecommunications
  2  services and shall assist customers in resolving any billing
  3  and service disputes that customers are unable to resolve
  4  directly with the company. The commission may, pursuant to
  5  this program, require all telecommunications companies
  6  providing local or long distance telecommunications services
  7  to develop and provide information to customers. The
  8  commission may specify by rule the types of information to be
  9  developed and the manner by which the information will be
10  provided to the customers. On July 1, 1999, the Florida Public
11  Service Commission shall undertake a comprehensive and ongoing
12  effort to inform consumers regarding how to protect themselves
13  in a competitive telecommunications market; of specific
14  concern are informing consumers concerning the availability of
15  the Lifeline and Link-Up Programs for low-income households
16  and alerting consumers to how they can avoid having their
17  service changed or unauthorized charges added to their
18  telephone bills.
19         Section 2.  Subsection (2) of section 364.24, Florida
20  Statutes, is amended to read:
21         364.24  Penalty for making telephone message or
22  customer account information known.--
23         (2)  Any officer or person in the employ of any
24  telecommunications company shall not intentionally disclose
25  customer account records except as authorized by the customer
26  or as necessary for billing purposes, or required by subpoena,
27  court order, other process of court, or as otherwise allowed
28  by law.  Any person who violates any provision of this section
29  commits a misdemeanor of the second degree, punishable as
30  provided in s. 775.082 or s. 775.083. Nothing herein precludes
31  disclosure of customers' names, addresses, or telephone
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  1  numbers to the extent they are otherwise publicly available.
  2  Nothing in this subsection precludes a telecommunications
  3  company from making available to its customers a customer's
  4  own customer account record through telephonic means.
  5         Section 3.  Section 364.508, Florida Statutes, is
  6  transferred, renumbered as section 241.001, and amended to
  7  read:
  8         241.001 364.508  Definitions.--As used in this part:
  9         (1)  "Commission" means the Public Service Commission.
10         (2)  "Network" means the Florida Distance Learning
11  Network.
12         (2)(3)  "Telecommunications company" means any entity
13  certified under this chapter to provide telecommunications
14  service.
15         (3)(4)  "Cable company" means a cable television
16  company providing cable service as defined in 47 U.S.C. s.
17  522.
18         (4)(5)  "Advanced telecommunications services" are
19  defined as network-based or wireless services that provide
20  additional communications capabilities enabling the use of
21  applications such as distance learning, video conferencing,
22  data communications, and access to Internet.
23         (6)  "Plan" means the Education Facilities
24  Infrastructure Improvement Plan, a document that includes a
25  needs assessment report and identifies telecommunications
26  companies', cable companies', and other providers' present and
27  projected deployment of technologies necessary for delivery of
28  advanced telecommunications services to eligible facilities
29  who request such services.
30         (5)(7)  "Eligible facilities" means all approved
31  campuses and instructional centers of all public universities,
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  1  public community colleges, area technical centers, public
  2  elementary schools, middle schools, and high schools,
  3  including school administrative offices, public libraries,
  4  teaching hospitals, the research institute described in s.
  5  240.512, and rural public hospitals as defined in s. 395.602.
  6  If no rural public hospital exists in a community, the public
  7  health clinic which is responsible for individuals before they
  8  can be transferred to a regional hospital shall be considered
  9  eligible.
10         Section 4.  Section 364.509, Florida Statutes, is
11  transferred, renumbered as section 241.002, and amended to
12  read:
13         (Substantial rewording of section.  See
14         s. 364.509, F.S., for present text.)
15         241.002  Duties of the Department of Education.--The
16  duties of the Department of Education concerning distance
17  learning include, but are not limited to:
18         (1)  Facilitate the implementation of a statewide
19  coordinated system and resource system for cost-efficient
20  advanced telecommunications services and distance education
21  which will increase overall student access to education.
22         (2)  Coordinate the use of existing resources,
23  including, but not limited to, the state's satellite
24  transponders on the education satellites, the SUNCOM Network,
25  the Florida Information Resource Network (FIRN), the
26  Department of Management Services, the Department of
27  Corrections, and the Department of Children and Family
28  Services' satellite communication facilities to support a
29  statewide advanced telecommunications services and distance
30  learning network.
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  1         (3)  Assist in the coordination of the utilization of
  2  the production and uplink capabilities available through
  3  Florida's public television stations, eligible facilities,
  4  independent colleges and universities, private firms, and
  5  others as may be needed.
  6         (4)  Seek the assistance and cooperation of Florida's
  7  cable television providers in the implementation of the
  8  statewide advanced telecommunications services and distance
  9  learning network.
10         (5)  Seek the assistance and cooperation of Florida's
11  telecommunications carriers to provide affordable student
12  access to advanced telecommunications services and to distance
13  learning.
14         (6)  Coordinate partnerships for development,
15  acquisition, use, and distribution of distance learning.
16         (7)  Secure and administer funding for programs and
17  activities for distance learning from federal, state, local,
18  and private sources and from fees derived from services and
19  materials.
20         (8)  Manage the state's satellite transponder resources
21  and enter into lease agreements to maximize the use of
22  available transponder time.  All net revenue realized through
23  the leasing of available transponder time, after deducting the
24  costs of performing the management function, shall be recycled
25  to support the public education distance learning in this
26  state, based upon an allocation formula of one-third to the
27  Department of Education, one-third to the State Board of
28  Community Colleges, and one-third to the State University
29  System.
30         (9)  Hire appropriate staff which may include a
31  position that shall be exempt from part II of chapter 110 and
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  1  is included in the Senior Management Service in accordance
  2  with s. 110.205.
  3         (10)  Nothing in ss. 241.001-241.004 shall be construed
  4  to abrogate, supersede, alter, or amend the powers and duties
  5  of any state agency, district school board, community college
  6  board of trustees, the State Board of Community Colleges, or
  7  the Board of Regents.
  8         Section 5.  Section 364.510, Florida Statutes, is
  9  transferred, renumbered as section 241.003, and amended to
10  read:
11         (Substantial rewording of section.  See
12         s. 364.510, F.S., for present text.)
13         241.003  The Florida Distance Learning Network Advisory
14  Council; creation; membership; organization; meetings.--
15         (1)  The Florida Distance Learning Network Advisory
16  Council is created in the Department of Education to advise
17  and assist the department in carrying out its duties relating
18  to distance learning.
19         (a)  Composition.--The advisory council, to be
20  appointed by and serve at the pleasure of the Commissioner of
21  Education, shall not exceed 13 members, selected from the
22  various entities who have interests in distance learning, and
23  who are, when possible, leading members of statewide or
24  regional organizations representing institutional consumers
25  and providers so as to establish a broadly based and
26  representative distance learning advisory council.
27         (b)  Representation.--The organizations represented on
28  the advisory council may include, but are not limited to,
29  public and private elementary and secondary schools; public
30  and private postsecondary institutions, including vocational
31  and technical centers; state agencies; libraries; the health
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  1  care community, including urban, rural, and teaching
  2  hospitals; the cable telecommunications industry; the local
  3  exchange telecommunications industry; and the interexchange
  4  industry.  Two members shall be the Chancellor of the State
  5  University System or the chancellor's designee and the
  6  Executive Director of the Florida Community College System or
  7  the executive director's designee. One member may be a lay
  8  citizen.
  9         (c)  Organization, procedure, and compensation.--
10         1.  The advisory council shall meet at least annually.
11         2.  The advisory council shall elect a chair, a
12  vice-chair, and a secretary from its membership for 1-year
13  terms.  Officers may be re-elected.
14         3.  The advisory council shall meet at the call of its
15  chair, at the request of the majority of its membership, the
16  commissioner, or at such times as its membership may
17  prescribe.
18         (2)  The advisory council may study and recommend to
19  the department on:
20         (a)  A marketing program statewide, nationally, and
21  internationally, as deemed appropriate.
22         (b)  The recipients of the Educational Technology Grant
23  Program provided in s. 241.004.
24         (c)  Suggested legislation concerning distance
25  learning.
26         (d)  Any other issue regarding distance learning that
27  the council deems appropriate.
28         (3)  The department shall provide administrative and
29  support services to the advisory council.
30         Section 6.  Section 364.514, Florida Statutes, is
31  transferred, renumbered as 241.004, and amended to read:
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  1         241.004 364.514  Educational Technology Grant
  2  Program.--
  3         (1)  The Educational Technology Grant Program is
  4  created to support the development of and provide incentives
  5  for technologically delivered educational courses and
  6  programs.
  7         (2)(a)  The Department of Education Florida Distance
  8  Learning Network shall annually award grants to school
  9  districts, area technical centers, community colleges, state
10  universities, and independent institutions eligible to
11  participate in state student assistance programs established
12  in part IV of chapter 240. The department board of directors
13  of the corporation shall give priority to cooperative
14  proposals submitted by two or more institutions or delivery
15  systems.  The proposals shall include:
16         1.  Information which describes the educational
17  significance of the program or service in addressing state
18  educational priorities.
19         2.  The target population for the program.
20         3.  The program content to be transmitted.
21         4.  The support services to be provided.
22         5.  Provisions to use at least 20 percent of any funds
23  awarded for training both faculty and student learners in the
24  use and application of the products developed.
25         (b)  Programs and courses developed through the grant
26  program shall be marketed statewide and nationwide with a
27  portion of any profits from the sale or use of such programs
28  retained by the developing institutions or systems and a
29  portion reinvested in the grant program for further program
30  development. The distribution of any revenues received shall
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  1  be determined by formal agreement between the department board
  2  of directors and the developing system or institution.
  3         (c)  The department board of directors shall identify
  4  state educational priorities and issue a request for proposals
  5  by June 1 in every year in which funds are available for
  6  grants. The department board shall ensure the quality of the
  7  programs and courses produced through the grants and produce
  8  an annual status report by March 1 describing the projects
  9  funded and accounting for any proceeds.
10         Section 7.  Sections 364.506, 364.507, 364.511,
11  364.512, and 364.513, Florida Statutes, are repealed.
12         Section 8.  There is appropriated from the Florida
13  Public Service Regulatory Trust Fund to the Public Service
14  Commission the sum of $1 million, and two additional positions
15  are authorized, for the purpose of carrying out the provisions
16  of Section 1 of this act for Fiscal Year 1999-2000.
17         Section 9.  Section 364.025, Florida Statutes, 1998
18  Supplement, is amended to read:
19         364.025  Universal service.--
20         (1)  For the purposes of this section, the term
21  "universal service" means an evolving level of access to
22  telecommunications services that, taking into account advances
23  in technologies, services, and market demand for essential
24  services, the commission determines should be provided at
25  just, reasonable, and affordable rates to customers, including
26  those in rural, economically disadvantaged, and high-cost
27  areas.  It is the intent of the Legislature that universal
28  service objectives be maintained after the local exchange
29  market is opened to competitively provided services.  It is
30  also the intent of the Legislature that during this transition
31  period the ubiquitous nature of the local exchange
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  1  telecommunications companies be used to satisfy these
  2  objectives. For a period of 6 4 years after January 1, 1996,
  3  each local exchange telecommunications company shall be
  4  required to furnish basic local exchange telecommunications
  5  service within a reasonable time period to any person
  6  requesting such service within the company's service
  7  territory.
  8         (2)  The Legislature finds that each telecommunications
  9  company should contribute its fair share to the support of the
10  universal service objectives and carrier-of-last-resort
11  obligations.  For a transitional period not to exceed January
12  1, 2002 2000, an interim mechanism for maintaining universal
13  service objectives and funding carrier-of-last-resort
14  obligations shall be established by the commission, pending
15  the implementation of a permanent mechanism.  The interim
16  mechanism shall be applied in a manner that ensures that each
17  alternative local exchange telecommunications company
18  contributes its fair share to the support of universal service
19  and carrier-of-last-resort obligations.  The interim mechanism
20  applied to each alternative local exchange telecommunications
21  company shall reflect a fair share of the local exchange
22  telecommunications company's recovery of investments made in
23  fulfilling its carrier-of-last-resort obligations, and the
24  maintenance of universal service objectives. The commission
25  shall ensure that the interim mechanism does not impede the
26  development of residential consumer choice or create an
27  unreasonable barrier to competition.  In reaching its
28  determination, the commission shall not inquire into or
29  consider any factor that is inconsistent with s.
30  364.051(1)(c).  The costs and expenses of any government
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  1  program or project required in part II of this chapter shall
  2  not be recovered under this section.
  3         (3)  In the event any party, prior to January 1, 2002
  4  2000, believes that circumstances have changed substantially
  5  to warrant a change in the interim mechanism, that party may
  6  petition the commission for a change, but the commission shall
  7  grant such petition only after an opportunity for a hearing
  8  and a compelling showing of changed circumstances, including
  9  that the provider's customer population includes as many
10  residential as business customers.  The commission shall act
11  on any such petition within 120 days.
12         (4)(a)  Prior to January 1, 2002 the expiration of this
13  4-year period, the Legislature shall establish a permanent
14  universal service mechanism upon the effective date of which
15  any interim recovery mechanism for universal service
16  objectives or carrier-of-last-resort obligations imposed on
17  alternative local exchange telecommunications companies shall
18  terminate.
19         (b)  To assist the Legislature in establishing a
20  permanent universal service mechanism, the commission, by
21  February 15, 1999, shall determine and report to the President
22  of the Senate and the Speaker of the House of Representatives
23  the total forward-looking cost, based upon the most recent
24  commercially available technology and equipment and generally
25  accepted design and placement principles, of providing basic
26  local telecommunications service on a basis no greater than a
27  wire center basis using a cost proxy model to be selected by
28  the commission after notice and opportunity for hearing.
29         (c)  In determining the cost of providing basic local
30  telecommunications service for small local exchange
31  telecommunications companies, which serve less than 100,000
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  1  access lines, the commission shall not be required to use the
  2  cost proxy model selected pursuant to paragraph (b) until a
  3  mechanism is implemented by the Federal Government for small
  4  companies, but no sooner than January 1, 2001. The commission
  5  shall calculate a small local exchange telecommunications
  6  company's cost of providing basic local telecommunications
  7  services based on one of the following options:
  8         1.  A different proxy model; or
  9         2.  A fully distributed allocation of embedded costs,
10  identifying high-cost areas within the local exchange area the
11  company serves and including all embedded investments and
12  expenses incurred by the company in the provision of universal
13  service. Such calculations may be made using fully distributed
14  costs consistent with 47 C.F.R. ss. 32, 36, and 64. The
15  geographic basis for the calculations shall be no smaller than
16  a census block group.
17         (d)  The commission, by February 15, 1999, shall
18  determine and report to the President of the Senate and the
19  Speaker of the House of Representatives the amount of support
20  necessary to provide residential basic local
21  telecommunications service to low-income customers. For
22  purposes of this section, low-income customers are customers
23  who qualify for Lifeline service as defined in s. 364.10(2).
24         (5)  After January 1, 2002 2000, an alternative local
25  exchange telecommunications company may petition the
26  commission to become the universal service provider and
27  carrier of last resort in areas requested to be served by that
28  alternative local exchange telecommunications company.  Upon
29  petition of an alternative local exchange telecommunications
30  company, the commission shall have 120 days to vote on
31  granting in whole or in part or denying the petition of the
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  1  alternative local exchange company.  The commission may
  2  establish the alternative local exchange telecommunications
  3  company as the universal service provider and carrier of last
  4  resort, provided that the commission first determines that the
  5  alternative local exchange telecommunications company will
  6  provide high-quality, reliable service.  In the order
  7  establishing the alternative local exchange telecommunications
  8  company as the universal service provider and carrier of last
  9  resort, the commission shall set the period of time in which
10  such company must meet those objectives and obligations and
11  shall set up any mechanism needed to aid such company in
12  carrying out these duties.
13         Section 10.  Subsection (5) of section 364.052, Florida
14  Statutes, is amended to read:
15         364.052  Regulatory methods for small local exchange
16  telecommunications companies.--
17         (5)  Any company subject to this section shall continue
18  to function as the universal service provider and carrier of
19  last resort in the territory in which such company was
20  certificated to provide service on July 1, 1995; provided,
21  however, that after January 1, 2002 2001, such company shall
22  only be required to act as the universal service provider and
23  carrier of last resort if the commission finds that it is
24  economically feasible for such company to remain the universal
25  service provider and carrier of last resort. If the commission
26  finds that it is not economically feasible for a small local
27  exchange telecommunications company to remain the carrier of
28  last resort, the commission shall establish a funding
29  mechanism to permit such company to fulfill its obligations as
30  the carrier of last resort.
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  1         Section 11.  Subsections (2), (4), and (6) of section
  2  364.051, Florida Statutes, 1998 Supplement, are amended to
  3  read:
  4         364.051  Price regulation.--
  5         (2)  BASIC LOCAL TELECOMMUNICATIONS SERVICE.--Price
  6  regulation of basic local telecommunications service shall
  7  consist of the following:
  8         (a)  Effective January 1, 1996, the rates for basic
  9  local telecommunications service of each company subject to
10  this section shall be capped at the rates in effect on July 1,
11  1995, and such rates shall not be increased prior to the
12  effective date of a permanent universal service funding
13  mechanism established pursuant to s. 364.025 January 1, 2000.
14  However, the basic local telecommunications service rates of a
15  local exchange telecommunications company with more than 3
16  million basic local telecommunications service access lines in
17  service on July 1, 1995, shall not be increased prior to
18  January 1, 2001.
19         (b)  Upon the date of filing its election with the
20  commission, the rates for basic local telecommunications
21  service of a company that elects to become subject to this
22  section shall be capped at the rates in effect on that date
23  and shall remain capped as stated in paragraph (a).
24         (c)  There shall be a flat-rate pricing option for
25  basic local telecommunications services, and mandatory
26  measured service for basic local telecommunications services
27  shall not be imposed.
28         (4)  In the event that it is determined that the level
29  of competition justifies the elimination of price caps in an
30  exchange served by a local exchange telecommunications company
31  with less than 3 million basic local telecommunications
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  1  service access lines in service, or after the effective date
  2  of a permanent universal service funding mechanism established
  3  pursuant to s. 364.025 at the end of 5 years for any local
  4  exchange telecommunications company, the local exchange
  5  telecommunications company may thereafter on 30 days' notice
  6  adjust its basic service prices once in any 12-month period in
  7  an amount not to exceed the change in inflation less 1
  8  percent.  Inflation shall be measured by the changes in the
  9  Gross Domestic Product Fixed 1987 Weights Price Index, or
10  successor fixed weight price index, published in the Survey of
11  Current Business or a publication, by the United States
12  Department of Commerce.  In the event any local exchange
13  telecommunications company, after January 1, 2001, believes
14  that the level of competition justifies the elimination of any
15  form of price regulation the company may petition the
16  Legislature.
17         (6)  NONBASIC SERVICES.--Price regulation of nonbasic
18  services shall consist of the following:
19         (a)  Each company subject to this section shall
20  maintain tariffs with the commission containing the terms,
21  conditions, and rates for each of its nonbasic services, and
22  may set or change, on 15 days' notice, the rate for each of
23  its nonbasic services, except that a price increase for any
24  nonbasic service category shall not exceed 6 percent within a
25  12-month period until there is another provider providing
26  local telecommunications service in an exchange area at which
27  time the price for any nonbasic service category may be
28  increased in an amount not to exceed 20 percent within a
29  12-month period, and the rate shall be presumptively valid.
30  However, for purposes of this subsection, the prices of:
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    CS for SB 2296                                 First Engrossed
  1         1.  A voice-grade, flat-rate, multi-line business local
  2  exchange service, including multiple individual lines, centrex
  3  lines, private branch exchange trunks, and any associated
  4  hunting services, that provides dial tone and local usage
  5  necessary to place a call within a local exchange calling
  6  area; and
  7         2.  Telecommunications services provided under contract
  8  service arrangements to the SUNCOM Network, as defined in
  9  chapter 282,
10
11  shall be capped at the rates in effect on July 1, 1995, and
12  such rates shall not be increased prior to the effective date
13  of a permanent universal service funding mechanism established
14  pursuant to s. 364.025 January 1, 2000; provided, however,
15  that a petition to increase such rates may be filed pursuant
16  to subsection (5) utilizing the standards set forth therein.
17  There shall be a flat-rate pricing option for multi-line
18  business local exchange service, and mandatory measured
19  service for multi-line business local exchange service shall
20  not be imposed. Nothing contained in this section shall
21  prevent the local exchange telecommunications company from
22  meeting offerings by any competitive provider of the same, or
23  functionally equivalent, nonbasic services in a specific
24  geographic market or to a specific customer by deaveraging the
25  price of any nonbasic service, packaging nonbasic services
26  together or with basic services, using volume discounts and
27  term discounts, and offering individual contracts. However,
28  the local exchange telecommunications company shall not engage
29  in any anticompetitive act or practice, nor unreasonably
30  discriminate among similarly situated customers.
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  1         (b)  The commission shall have continuing regulatory
  2  oversight of nonbasic services for purposes of ensuring
  3  resolution of service complaints, preventing
  4  cross-subsidization of nonbasic services with revenues from
  5  basic services, and ensuring that all providers are treated
  6  fairly in the telecommunications market.  The cost standard
  7  for determining cross-subsidization is whether the total
  8  revenue from a nonbasic service is less than the total
  9  long-run incremental cost of the service.  Total long-run
10  incremental cost means service-specific volume and
11  nonvolume-sensitive costs.
12         (c)  The price charged to a consumer for a nonbasic
13  service shall cover the direct costs of providing the service
14  and shall, to the extent a cost is not included in the direct
15  cost, include as an imputed cost the price charged by the
16  company to competitors for any monopoly component used by a
17  competitor in the provision of its same or functionally
18  equivalent service.
19         Section 12.  (1)  There is created the Information
20  Service Technology Development Task Force which shall be
21  located within the Department of Management Services for the
22  purpose of developing policies that will benefit residents of
23  this state by fostering the free-market development and
24  beneficial use of advanced communications networks and
25  information technologies within this state.  The task force
26  shall be composed of 34 members as follows:
27         (a)  The Attorney General, the executive director of
28  the Florida Department of Law Enforcement, the Chancellor of
29  the State University System, the Commissioner of Education,
30  the executive director of the State Board of Community
31  Colleges, the director of the Office of Tourism, Trade, and
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    CS for SB 2296                                 First Engrossed
  1  Economic Development, the executive director of the Department
  2  of Revenue, a representative of the Florida Council of
  3  American Electronics Association, a representative of the
  4  Florida Internet Providers Association, a representative of
  5  the United States Internet Council, the chair of the State
  6  Technology Council, and the secretary of the Department of
  7  Management Services.
  8         (b)  The President of the Senate shall appoint one
  9  member from each of the following categories: a
10  facilities-based interexchange telecommunications company, a
11  wireless telecommunications company, an alternative local
12  exchange telecommunications company, an internet service
13  provider with more than one million customers, the
14  entertainment industry, a computer or telecommunications
15  manufacturing company, and one member of the Florida Senate.
16         (c)  The Speaker of the House of Representatives shall
17  appoint one member from each of the following categories: a
18  cable television provider, a computer software company, the
19  banking industry, an internet search engine company, a local
20  exchange telecommunications company, the tourist industry, and
21  one member of the House of Representatives.
22         (d)  The Governor shall name the chair, and appoint
23  members as follows: one college student who relies on the
24  Internet for personal or academic use, a representative of a
25  local government that is an alternative local exchange
26  telecommunications company or an Internet service provider,
27  and four members as determined by the Governor to
28  appropriately represent technology providers, manufacturers,
29  retailers, and users.
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    CS for SB 2296                                 First Engrossed
  1         (e)  The minority leader of the House of
  2  Representatives shall appoint one member of the House of
  3  Representatives.
  4         (f)  The minority leader of the Senate shall appoint
  5  one member of the Senate.
  6         (2)  The task force shall exist for 2 years and shall
  7  meet at least four times per year. Failure of a member to
  8  participate in three consecutive meetings shall result in the
  9  member's replacement by the Governor. The task force is
10  encouraged to implement electronic bulletin boards and other
11  means for the exchange of ideas throughout the year.
12         (3)  The task force shall develop overarching
13  principles to guide state policy decisions with respect to the
14  free-market development and beneficial use of advanced
15  communications networks and information technologies, identify
16  factors that will affect whether these technologies will
17  flourish in Florida, and develop policy recommendations for
18  each factor.
19         (4)  By February 14 of calendar years 2000 and 2001,
20  the task force shall submit a report to the Governor, the
21  President of the Senate, and the Speaker of the House of
22  Representatives outlining principles, policy recommendations,
23  and any suggested legislation. The task force may develop and
24  publish other documents throughout the year.
25         (5)  The State Technology Office within the Department
26  of Management Services shall provide support staff for the
27  task force and promote public awareness of the development of
28  principles and policy recommendations by the task force. The
29  State University System shall assist the task force as
30  necessary.
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    CS for SB 2296                                 First Engrossed
  1         (6)  The task force shall dissolve effective July 1,
  2  2001.
  3         Section 13.  Effective July 1, 1999, the sum of
  4  $375,100 is appropriated from the General Revenue Fund to the
  5  State Technology Office in the Department of Management
  6  Services and four positions are created in the department for
  7  the purpose of carrying out section 12 of this act.
  8         Section 14.  Subsection (10) is added to section
  9  337.401, Florida Statutes, 1998 Supplement, to read:
10         337.401  Use of right-of-way for utilities subject to
11  regulation; permit; fees.--
12         (10)  This section, except subsections (1), (2), and
13  (6), does not apply to the provision of pay telephone service
14  on public or municipal roads or rights-of-way.
15         Section 15.  This act shall take effect July 1, 1999.
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