Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 142
                        Barcode 794502
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1           Comm: RCS             .                    
       04/19/2006 08:40 AM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Government Efficiency Appropriations (Posey)
12  recommended the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 5, between lines 13 and 14,
16  
17  insert:  
18         Section 2.  Subsection (6) is added to section 364.025,
19  Florida Statutes, to read:
20         364.025  Universal service.--
21         (6)(a)  For purposes of this subsection:
22         1.  "Owner or developer" means the owner or developer
23  of a multitenant business or residential property, any
24  condominium association or homeowners' association thereof, or
25  any other person or entity having ownership in or control over
26  the property.
27         2.  "Communications service provider" means any person
28  or entity providing communications services, any person or
29  entity allowing another person or entity to use its
30  communications facilities to provide communications services,
31  or any person or entity securing rights to select
                                  1
    3:59 PM   04/17/06                           s0142c1c-ge24-e0y

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 142 Barcode 794502 1 communications service providers for a property owner or 2 developer. 3 3. "Communications service" means voice service or 4 voice replacement service through the use of any technology. 5 (b) A local exchange telecommunications company 6 obligated by this section to serve as the carrier of last 7 resort is not obligated to provide basic local 8 telecommunications service to any customers in a multitenant 9 business or residential property, including, but not limited 10 to, apartments, condominiums, subdivisions, office buildings, 11 or office parks, when the owner or developer thereof: 12 1. Permits only one communications service provider to 13 install its communications service-related facilities or 14 equipment, to the exclusion of the local exchange 15 telecommunications company, during the construction phase of 16 the property; 17 2. Accepts or agrees to accept incentives or rewards 18 from a communications service provider that are contingent 19 upon the provision of any or all communications services by 20 one or more communications service providers to the exclusion 21 of the local exchange telecommunications company; 22 3. Collects from the occupants or residents of the 23 property charges for the provision of any communications 24 service, provided by a communications service provider other 25 than the local exchange telecommunications company, to the 26 occupants or residents in any manner, including, but not 27 limited to, collection through rent, fees, or dues; or 28 4. Enters into an agreement with the communications 29 service provider which grants incentives or rewards to such 30 owner or developer contingent upon restriction or limitation 31 of the local exchange telecommunications company's access to 2 3:59 PM 04/17/06 s0142c1c-ge24-e0y
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 142 Barcode 794502 1 the property. 2 (c) The local exchange telecommunications company 3 relieved of its carrier of last resort obligation to provide 4 basic local telecommunications service to the occupants or 5 residents of a multitenant business or residential property 6 pursuant to paragraph (b) shall notify the commission of that 7 fact in a timely manner. 8 (d) A local exchange telecommunications company that 9 is not automatically relieved of its carrier-of-last-resort 10 obligation pursuant to subparagraphs (b)1.-4. may seek a 11 waiver of its carrier of last resort obligation from the 12 commission for good cause shown based on the facts and 13 circumstances of provision of service to the multitenant 14 business or residential property. Upon petition for such 15 relief, notice shall be given by the company at the same time 16 to the relevant building owner or developer. The commission 17 shall have 90 days to act on the petition. The commission 18 shall implement this paragraph through rulemaking. 19 (e) If all conditions described in subparagraphs 20 (b)1.-4. cease to exist at a property, the owner or developer 21 requests in writing that the local exchange telecommunications 22 company make service available to customers at the property 23 and confirms in writing that all conditions described in 24 subparagraphs (b)1.-4. have ceased to exist at the property, 25 and the owner or developer has not arranged and does not 26 intend to arrange with another communications service provider 27 to make communications service available to customers at the 28 property, then the carrier of last resort obligation under 29 this section shall again apply to the local exchange 30 telecommunications company at the property; however, the local 31 exchange telecommunications company may require that the owner 3 3:59 PM 04/17/06 s0142c1c-ge24-e0y
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 142 Barcode 794502 1 or developer pay to the company in advance a reasonable fee to 2 recover costs that exceed the costs that would have been 3 incurred to construct or acquire facilities to serve customers 4 at the property initially, and the company shall have a 5 reasonable period of time following the request from the owner 6 or developer to make arrangements for service availability. If 7 any conditions described in subparagraphs (b)1.-4. again exist 8 at the property, then paragraph (b) shall again apply. 9 (f) Nothing in this subsection affects the limitations 10 on commission jurisdiction imposed by s. 364.011 or s. 11 364.013. 12 13 (Redesignate subsequent sections.) 14 15 16 ================ T I T L E A M E N D M E N T =============== 17 And the title is amended as follows: 18 On page 1, line 14, after the semicolon, 19 20 insert: 21 amending s. 364.051, F.S., relating to price 22 regulation; allowing a telecommunications 23 company to publicly publish price lists for 24 nonbasic services; allowing 1 day's notice for 25 price changes to nonbasic services; deleting a 26 company's option to elect that its basic 27 services be treated as nonbasic services; 28 requiring a company to request that the Public 29 Service Commission lessen its service quality 30 regulation; providing criteria for granting a 31 petition to change regulatory treatment of 4 3:59 PM 04/17/06 s0142c1c-ge24-e0y
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 142 Barcode 794502 1 retail services; 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 3:59 PM 04/17/06 s0142c1c-ge24-e0y