| 1 | A bill to be entitled |
| 2 | An act relating to Lifeline telecommunication services; |
| 3 | amending s. 364.10, F.S.; requiring each local exchange |
| 4 | telecommunications company providing Lifeline Assistance |
| 5 | services to submit certain eligibility criteria |
| 6 | information to the Legislature; requiring such companies |
| 7 | to submit specified information each month to the Public |
| 8 | Service Commission and the Office of Public Counsel; |
| 9 | providing an effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Section 364.10, Florida Statutes, is amended to |
| 14 | read: |
| 15 | 364.10 Undue advantage to person or locality prohibited; |
| 16 | Lifeline service; monthly reporting.-- |
| 17 | (1) A telecommunications company may not make or give any |
| 18 | undue or unreasonable preference or advantage to any person or |
| 19 | locality or subject any particular person or locality to any |
| 20 | undue or unreasonable prejudice or disadvantage in any respect |
| 21 | whatsoever. |
| 22 | (2) The prohibitions of subsection (1) notwithstanding, a |
| 23 | telecommunications company serving as carrier of last resort |
| 24 | shall provide a Lifeline Assistance Plan to qualified |
| 25 | residential subscribers, as defined in a commission-approved |
| 26 | tariff and a preferential rate to eligible facilities as |
| 27 | provided for in part II. |
| 28 | (3)(a) Effective September 1, 2003, any local exchange |
| 29 | telecommunications company authorized by the commission to |
| 30 | reduce its switched network access rate under pursuant to s. |
| 31 | 364.164 shall have tariffed and shall provide Lifeline service |
| 32 | to any otherwise eligible customer or potential customer who |
| 33 | meets an income eligibility test at 125 percent or less of the |
| 34 | federal poverty income guidelines for Lifeline customers. The |
| 35 | Such a test for eligibility must augment, rather than replace, |
| 36 | the eligibility standards established by federal law and based |
| 37 | on participation in certain low-income assistance programs. Each |
| 38 | intrastate interexchange telecommunications company shall, |
| 39 | effective September 1, 2003, file a tariff providing at a |
| 40 | minimum the intrastate interexchange telecommunications |
| 41 | carrier's current Lifeline benefits and exemptions to Lifeline |
| 42 | customers who meet the income eligibility test set forth in this |
| 43 | subsection. The Office of Public Counsel shall certify and |
| 44 | maintain claims submitted by a customer for eligibility under |
| 45 | the income test authorized by this subsection. |
| 46 | (b) Each local exchange telecommunications company subject |
| 47 | to this subsection shall provide to each state and federal |
| 48 | agency providing benefits to persons eligible for Lifeline |
| 49 | service, and to members of the Legislature, applications, |
| 50 | brochures, pamphlets, or other materials that contain |
| 51 | information concerning the inform such persons of their |
| 52 | eligibility criteria for Lifeline, and each state agency |
| 53 | providing the such benefits shall furnish the materials to |
| 54 | affected persons at the time they apply for benefits. |
| 55 | (c) Any local exchange telecommunications company customer |
| 56 | receiving Lifeline benefits shall not be subject to any |
| 57 | residential basic local telecommunications service rate |
| 58 | increases authorized by s. 364.164 until the local exchange |
| 59 | telecommunications company reaches parity as defined in s. |
| 60 | 364.164(5) or until the customer no longer qualifies for the |
| 61 | Lifeline benefits established by this section or s. 364.105, or |
| 62 | unless otherwise determined by the commission upon petition by a |
| 63 | local exchange telecommunications company. |
| 64 | (d) By December 31, 2003, each state agency that provides |
| 65 | benefits to persons eligible for Lifeline service shall |
| 66 | undertake, in cooperation with the Department of Children and |
| 67 | Family Services, the commission, and telecommunications |
| 68 | companies providing Lifeline services, the development of |
| 69 | procedures to promote Lifeline participation. |
| 70 | (e) The commission shall report to the Governor, the |
| 71 | President of the Senate, and the Speaker of the House of |
| 72 | Representatives by December 31 each year on the number of |
| 73 | customers who are subscribing to Lifeline service and the |
| 74 | effectiveness of any procedures to promote participation. |
| 75 | (4) Each local exchange telecommunications company |
| 76 | providing Lifeline Assistance services shall prepare a monthly |
| 77 | report concerning participation by its customers in the Lifeline |
| 78 | Assistance program. The report must detail the number of: |
| 79 | (a) Subscribers meeting the income eligibility test. |
| 80 | (b) Applications for new Lifeline service received. |
| 81 | (c) New Lifeline subscribers enrolled. |
| 82 | (d) Subscriber applications rejected by the company and |
| 83 | the reasons for each rejection. |
| 84 | (e) Subscribers removed from the Lifeline Assistance |
| 85 | program and the reasons for their removal. |
| 86 |
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| 87 | The monthly report shall be sent to the Public Service |
| 88 | Commission and the Office of Public Counsel no later than 15 |
| 89 | days after the last day of the previous month. |
| 90 | Section 2. This act shall take effect July 1, 2004. |