CS/HB 1465

1	A bill to be entitled
2	An act relating to telecommunications companies; creating
3	the "Consumer Choice and Protection Act"; amending s.
4	364.013, F.S.; providing that a competitive local exchange
5	telecommunications company is entitled to interconnection
6	with a local exchange telecommunications company
7	regardless of technology; directing the Public Service
8	Commission to afford such company substantive and
9	procedural rights; amending s. 364.02, F.S.; redefining
10	the terms "basic local telecommunications service,"
11	"nonbasic service," and "telecommunications company";
12	amending s. 364.04, F.S.; requiring each
13	telecommunications company to publish through electronic
14	or physical media the company's schedules showing its
15	rates, tolls, rentals, contracts, and charges; authorizing
16	a telecommunications company to file the published
17	schedules with the commission or to publish the schedules
18	through reasonably publicly accessible means; requiring a
19	company that does not file its schedules with the
20	commission to inform its customers where the schedules are
21	available; deleting requirements for printed schedules and
22	notices; amending s. 364.051, F.S.; revising price
23	regulation provisions; removing a limitation on
24	eligibility to request an increase in basic rates due to
25	storm damage; revising provisions relating to rate
26	increases for nonbasic services; providing that specified
27	provisions do not prevent a local exchange
28	telecommunications company from meeting offerings by
29	certain competitive providers; revising the purpose of
30	certain regulatory oversight; revising provisions for
31	direct costs to be covered by the price charged; amending
32	s. 364.08, F.S.; prohibiting a telecommunications company
33	from charging or receiving compensation for any service
34	other than for the charge applicable to the service as
35	specified in its schedule on file or otherwise published;
36	revising a prohibition against extending an advantage to
37	any person; providing an exception for employee
38	concessions; repealing s. 364.09, F.S., relating to the
39	illegal giving of rebates or special rates by a
40	telecommunications company; amending s. 364.10, F.S.;
41	revising conditions that require a telecommunications
42	carrier to provide Lifeline services to eligible
43	customers; removing a provision for certain rate
44	increases; amending s. 364.15, F.S.; directing the
45	commission to order only repairs and improvements to
46	telecommunications facilities for certain services;
47	specifying that the commission may impose only those
48	requirements which are authorized under law; amending s.
49	364.33, F.S.; providing that a certificate of necessity
50	may be transferred from a person holding a certificate to
51	another, and a person holding a certificate may acquire
52	ownership or control of a telecommunications facility
53	without prior approval of the commission; requiring the
54	person to give certain notice to the commission and
55	affected customers; amending ss. 364.335 and 364.345,
56	F.S.; conforming provisions to changes made in the act;
57	amending s. 364.3376, F.S.; requiring providers of
58	telephone operator services to comply with certain
59	enumerated criteria; requiring such provider to bill for
60	services at the rates set in its published schedules;
61	amending s. 364.3382, F.S.; requiring each local exchange
62	telecommunications company to advise each residential
63	customer of the least-cost service available to that
64	customer when the residential customer initially requests
65	basic local telecommunications service; amending s.
66	364.603, F.S.; providing procedures for resolving
67	complaints regarding preferred carrier freezes on local
68	exchange service; amending ss. 364.059 and 364.105, F.S.;
69	conforming cross-references; providing an effective date.
70
71	Be It Enacted by the Legislature of the State of Florida:
72
73	Section 1.  This act may be cited as the "Consumer Choice
74	and Protection Act."
75	Section 2.  Section 364.013, Florida Statutes, is amended
76	to read:
77	364.013  Emerging and advanced services.--Broadband service
78	and the provision of voice-over-Internet-protocol (VoIP) shall
79	be free of state regulation, except as delineated in this
80	chapter or as specifically authorized by federal law, regardless
81	of the provider, platform, or protocol. Notwithstanding the
82	exemptions in this chapter, a competitive local exchange
83	telecommunications company is entitled to interconnection with a
84	local exchange telecommunications company to transmit and route
85	voice traffic between both the competitive local exchange
86	telecommunications company and the local exchange
87	telecommunications company regardless of the technology by which
88	the voice traffic is originated by and terminated to an end
89	user. The commission shall afford such competitive local
90	exchange telecommunications company all substantive and
91	procedural rights available to such companies regarding
92	interconnection under the law.
93	Section 3.  Subsections (1), (10), and (14) of section
94	364.02, Florida Statutes, are amended to read:
95	364.02  Definitions.--As used in this chapter:
96	(1)  "Basic local telecommunications service" means voice-
97	grade, single-line, flat-rate residential, and flat-rate single-
98	line business local exchange service that provides services
99	which provide dial tone, local usage necessary to place
100	unlimited calls within a local exchange area, dual tone
101	multifrequency dialing, and access to the following: emergency
102	services such as "911," all locally available interexchange
103	companies, directory assistance, operator services, relay
104	services, and an alphabetical directory listing. For a local
105	exchange telecommunications company, the term includes shall
106	include any extended area service routes, and extended calling
107	service in existence or ordered by the commission on or before
108	July 1, 1995.
109	(10)  "Nonbasic service" means any telecommunications
110	service provided by a local exchange telecommunications company
111	other than a basic local telecommunications service, a local
112	interconnection arrangement described in s. 364.16, or a network
113	access service described in s. 364.163. Any combination of basic
114	service along with a nonbasic service or an unregulated service
115	is nonbasic service.
116	(14)  "Telecommunications company" includes every
117	corporation, partnership, and person and their lessees,
118	trustees, or receivers appointed by any court whatsoever, and
119	every political subdivision in the state, offering two-way
120	telecommunications service to the public for hire within this
121	state by the use of a telecommunications facility. The term
122	"telecommunications company" does not include:
123	(a)  An entity that which provides a telecommunications
124	facility exclusively to a certificated telecommunications
125	company;
126	(b)  An entity that which provides a telecommunications
127	facility exclusively to a company which is excluded from the
128	definition of a telecommunications company under this
129	subsection;
130	(c)  A commercial mobile radio service provider;
131	(d)  A facsimile transmission service;
132	(e)  A private computer data network company not offering
133	service to the public for hire;
134	(f)  A cable television company providing cable service as
135	defined in 47 U.S.C. s. 522; or
136	(g)  An intrastate interexchange telecommunications
137	company.
138
139	However, each commercial mobile radio service provider and each
140	intrastate interexchange telecommunications company shall
141	continue to be liable for any taxes imposed under chapters 202,
142	203, and 212 and any fees assessed under s. 364.025. Each
143	intrastate interexchange telecommunications company shall
144	continue to be subject to ss. 364.04, 364.10(3)(a) and (c)(d),
145	364.163, 364.285, 364.336, 364.501, 364.603, and 364.604, shall
146	provide the commission with the current information as the
147	commission deems necessary to contact and communicate with the
148	company, and shall continue to pay intrastate switched network
149	access rates or other intercarrier compensation to the local
150	exchange telecommunications company or the competitive local
151	exchange telecommunications company for the origination and
152	termination of interexchange telecommunications service, and
153	shall reduce its intrastate long distance toll rates in
154	accordance with former s. 364.163(2).
155	Section 4.  Section 364.04, Florida Statutes, is amended to
156	read:
157	364.04  Schedules of rates, tolls, rentals, contracts, and
158	charges; filing; public inspection.--
159	(1)  Upon order of the commission, Every telecommunications
160	company shall publish through electronic or physical media file
161	with the commission, and shall print and keep open to public
162	inspection, schedules showing the rates, tolls, rentals,
163	contracts, and charges of that company for service to be
164	performed within the state. A telecommunications company may, as
165	an option, file the published schedules with the commission or
166	publish its schedules through other reasonably publicly
167	accessible means, including on a website. A telecommunications
168	company that does not file its schedules with the commission
169	shall inform its customers where a customer may view the
170	telecommunications company's schedules.
171	(2)  The schedules schedule, as printed and open to public
172	inspection, shall plainly state the places between which
173	telecommunications service will be rendered and shall also state
174	separately all charges and all privileges or facilities granted
175	or allowed and any rules or regulations or forms of contract
176	which may in anywise change, affect, or determine any of the
177	aggregate of the rates, tolls, rentals, or charges for the
178	service rendered.
179	(3)  A schedule shall be plainly printed in large type, and
180	a copy thereof shall be kept by every telecommunications company
181	readily accessible to, and for convenient inspection by, the
182	public at such places as may be designated by the commission.
183	Any such schedule shall be immediately produced by the
184	telecommunications company upon the demand of any person.
185	(4)  A notice printed in bold type and stating that such
186	schedules are on file and open to inspection by any person, the
187	places where the schedules are kept, and that the agent will
188	assist any person to determine from such schedules any rate,
189	toll, rental, rule, or regulation which is in force shall be
190	kept posted by every telecommunications company as the
191	commission designates.
192	Section 5.  Paragraph (c) of subsection (1), paragraph (c)
193	of subsection (2), paragraph (b) of subsection (4), and
194	subsection (5) of section 364.051, Florida Statutes, are amended
195	to read:
196	364.051  Price regulation.--
197	(1)  SCHEDULE.--Notwithstanding any other provisions of
198	this chapter, the following local exchange telecommunications
199	companies shall become subject to the price regulation described
200	in this section on the following dates:
201	(c)  Each company subject to this section is shall be
202	exempt from rate base, rate of return regulation, and the
203	requirements of ss. 364.03, 364.035, 364.037, 364.05, 364.055,
204	364.14, 364.17, and 364.18, and 364.19.
205	(2)  BASIC LOCAL TELECOMMUNICATIONS SERVICE.--Price
206	regulation of basic local telecommunications service shall
207	consist of the following:
208	(c)  There shall be a flat-rate pricing option for basic
209	local telecommunications service services, and mandatory
210	measured service for basic local telecommunications service
211	services shall not be imposed.
212	(4)
213	(b)  For purposes of this section, evidence of damage
214	occurring to the lines, plants, or facilities of a local
215	exchange telecommunications company that is subject to the
216	carrier-of-last-resort obligations, which damage is the result
217	of a tropical system occurring after June 1, 2005, and named by
218	the National Hurricane Center, constitutes a compelling showing
219	of changed circumstances.
220	1.  A company may file a petition to recover its intrastate
221	costs and expenses relating to repairing, restoring, or
222	replacing the lines, plants, or facilities damaged by a named
223	tropical system.
224	2.  The commission shall verify the intrastate costs and
225	expenses submitted by the company in support of its petition.
226	3.  The company must show and the commission shall
227	determine whether the intrastate costs and expenses are
228	reasonable under the circumstances for the named tropical
229	system.
230	4.  A company having a storm-reserve fund may recover
231	tropical-system-related costs and expenses from its customers
232	only in excess of any amount available in the storm-reserve
233	fund.
234	5.  The commission may determine the amount of any increase
235	that the company may charge its customers, but the charge per
236	line item may not exceed 50 cents per month per customer line
237	for a period of not more than 12 months.
238	6.  The commission may order the company to add an equal
239	line-item charge per access line to the billing statement of the
240	company's retail basic local telecommunications service
241	customers, its retail nonbasic telecommunications service
242	customers, and, to the extent the commission determines
243	appropriate, its wholesale loop unbundled network element
244	customers. At the end of the collection period, the commission
245	shall verify that the collected amount does not exceed the
246	amount authorized by the order. If collections exceed the
247	ordered amount, the commission shall order the company to refund
248	the excess.
249	7.  In order to qualify for filing a petition under this
250	paragraph, a company with 1 million or more access lines, but
251	fewer than 3 million access lines, must have tropical-system-
252	related costs and expenses exceeding $1.5 million, and a company
253	with 3 million or more access lines must have tropical-system-
254	related costs and expenses of $5 million or more. A company with
255	fewer than 1 million access lines is not required to meet a
256	minimum damage threshold in order to qualify to file a petition
257	under this paragraph.
258	8.  A company may file only one petition for storm recovery
259	in any 12-month period for the previous storm season, but the
260	application may cover damages from more than one named tropical
261	system.
262
263	This paragraph is not intended to adversely affect the
264	commission's consideration of any petition for an increase in
265	basic rates to recover costs related to storm damage which was
266	filed before the effective date of this act.
267	(5)  NONBASIC SERVICES.--Price regulation of nonbasic
268	services shall consist of the following:
269	(a)  Each company subject to this section shall, at its
270	option, maintain tariffs with the commission or otherwise
271	publicly publish the terms, conditions, and rates for each of
272	its nonbasic services, and may set or change, on 1 day's notice,
273	the rate for each of its nonbasic services. For a company
274	electing to publicly publish the terms, conditions, and rates
275	for each of its nonbasic services, the commission may establish
276	guidelines for the publication. The guidelines may not require
277	more information than what is required to be filed with a
278	tariff. The price increase for any nonbasic service category
279	shall not exceed 6 percent within a 12-month period until there
280	is another provider providing local telecommunications service
281	in an exchange area at which time the price for any nonbasic
282	service category may be increased in an amount not to exceed 20
283	percent within a 12-month period, and the rate shall be
284	presumptively valid. However, for purposes of this subsection,
285	the prices of:
286	1.  A voice-grade, flat-rate, multi-line business local
287	exchange service, including multiple individual lines, centrex
288	lines, private branch exchange trunks, and any associated
289	hunting services, that provides dial tone and local usage
290	necessary to place a call within a local exchange calling area;
291	and
292	2.  Telecommunications services provided under contract
293	service arrangements to the SUNCOM Network, as defined in
294	chapter 282,
295
296	shall be capped at the rates in effect on July 1, 1995, and such
297	rates shall not be increased prior to January 1, 2000; provided,
298	however, that a petition to increase such rates may be filed
299	pursuant to subsection (4) utilizing the standards set forth
300	therein. There shall be a flat-rate pricing option for multi-
301	line business local exchange service, and mandatory measured
302	service for multi-line business local exchange service shall not
303	be imposed. Nothing contained in This chapter does not section
304	shall prevent the local exchange telecommunications company from
305	meeting offerings by any competitive provider of the same, or
306	functionally equivalent, nonbasic services in a specific
307	geographic market or to a specific customer by deaveraging the
308	price of any nonbasic service, packaging nonbasic services
309	together or with basic services, using volume discounts and term
310	discounts, and offering individual contracts. However, the local
311	exchange telecommunications company may shall not engage in any
312	anticompetitive act or practice or, nor unreasonably
313	discriminate among similarly situated customers.
314	(b)  The commission has shall have continuing regulatory
315	oversight of nonbasic services for purposes of ensuring
316	resolution of service complaints, preventing cross-subsidization
317	of nonbasic services with revenues from basic services, and
318	ensuring that all providers are treated fairly in the
319	telecommunications market. The price charged to a consumer for a
320	nonbasic service shall cover the direct costs of providing the
321	service. The cost standard for determining cross-subsidization
322	is whether the total revenue from a nonbasic service is less
323	than the total long-run incremental cost of the service. Total
324	long-run incremental cost means service-specific volume and
325	nonvolume-sensitive costs.
326	(c)  The price charged to a consumer for a nonbasic service
327	shall cover the direct costs of providing the service and shall,
328	to the extent a cost is not included in the direct cost, include
329	as an imputed cost the price charged by the company to
330	competitors for any monopoly component used by a competitor in
331	the provision of its same or functionally equivalent service.
332	Section 6.  Section 364.08, Florida Statutes, is amended to
333	read:
334	364.08  Unlawful to charge other than schedule rates or
335	charges; free service and reduced rates prohibited.--
336	(1)  A telecommunications company may not charge, demand,
337	collect, or receive for any service rendered or to be rendered
338	any compensation other than the charge applicable to such
339	service as specified in its schedule on file or otherwise
340	published and in effect at that time. A telecommunications
341	company may not refund or remit, directly or indirectly, any
342	portion of the rate or charge so specified or extend to any
343	person any advantage of contract or agreement or the benefit of
344	any rule or regulation or any privilege or facility not
345	regularly and uniformly extended to all persons under like
346	circumstances for like or substantially similar service.
347	(2)  A telecommunications company subject to this chapter
348	may provide not, directly or indirectly, give any free or
349	reduced service between points within this state. However, it
350	shall be lawful for the commission to authorize employee
351	concessions without approval by the commission if in the public
352	interest.
353	Section 7.  Section 364.09, Florida Statutes, is repealed.
354	Section 8.  Subsection (3) of section 364.10, Florida
355	Statutes, is amended to read:
356	364.10  Undue advantage to person or locality prohibited;
357	Lifeline service.--
358	(3)(a)  Each Effective September 1, 2003, any local
359	exchange telecommunications company that has more than 1 million
360	access lines and that is designated as an eligible
361	telecommunications carrier authorized by the commission to
362	reduce its switched network access rate pursuant to s. 364.164
363	shall have tariffed and shall provide Lifeline service to any
364	otherwise eligible customer or potential customer who meets an
365	income eligibility test at 135 percent or less of the federal
366	poverty income guidelines for Lifeline customers. Such a test
367	for eligibility must augment, rather than replace, the
368	eligibility standards established by federal law and based on
369	participation in certain low-income assistance programs. Each
370	intrastate interexchange telecommunications company shall,
371	effective September 1, 2003, file or publish a schedule tariff
372	providing at a minimum the intrastate interexchange
373	telecommunications carrier's current Lifeline benefits and
374	exemptions to Lifeline customers who meet the income eligibility
375	test set forth in this subsection. The Office of Public Counsel
376	shall certify and maintain claims submitted by a customer for
377	eligibility under the income test authorized by this subsection.
378	(b)  Each eligible telecommunications carrier subject to
379	this subsection shall provide to each state and federal agency
380	providing benefits to persons eligible for Lifeline service
381	applications, brochures, pamphlets, or other materials that
382	inform the persons of their eligibility for Lifeline, and each
383	state agency providing the benefits shall furnish the materials
384	to affected persons at the time they apply for benefits.
385	(c)  Any local exchange telecommunications company customer
386	receiving Lifeline benefits shall not be subject to any
387	residential basic local telecommunications service rate
388	increases authorized by s. 364.164 until the local exchange
389	telecommunications company reaches parity as defined in s.
390	364.164(5) or until the customer no longer qualifies for the
391	Lifeline benefits established by this section or s. 364.105, or
392	unless otherwise determined by the commission upon petition by a
393	local exchange telecommunications company.
394	(c)(d)  An eligible telecommunications carrier may not
395	discontinue basic local exchange telephone service to a
396	subscriber who receives Lifeline service because of nonpayment
397	by the subscriber of charges for nonbasic services billed by the
398	telecommunications company, including long-distance service. A
399	subscriber who receives Lifeline service shall be required to
400	pay all applicable basic local exchange service fees, including
401	the subscriber line charge, E-911, telephone relay system
402	charges, and applicable state and federal taxes.
403	(d)(e)  An eligible telecommunications carrier may not
404	refuse to connect, reconnect, or provide Lifeline service
405	because of unpaid toll charges or nonbasic charges other than
406	basic local exchange service.
407	(e)(f)  An eligible telecommunications carrier may require
408	that payment arrangements be made for outstanding debt
409	associated with basic local exchange service, subscriber line
410	charges, E-911, telephone relay system charges, and applicable
411	state and federal taxes.
412	(f)(g)  An eligible telecommunications carrier may block a
413	Lifeline service subscriber's access to all long-distance
414	service, except for toll-free numbers, and may block the ability
415	to accept collect calls when the subscriber owes an outstanding
416	amount for long-distance service or amounts resulting from
417	collect calls. However, the eligible telecommunications carrier
418	may not impose a charge for blocking long-distance service. The
419	eligible telecommunications carrier shall remove the block at
420	the request of the subscriber without additional cost to the
421	subscriber upon payment of the outstanding amount. An eligible
422	telecommunications carrier may charge a service deposit before
423	removing the block.
424	(g)(h)1.  By December 31, 2007, each state agency that
425	provides benefits to persons eligible for Lifeline service shall
426	undertake, in cooperation with the Department of Children and
427	Family Services, the Department of Education, the commission,
428	the Office of Public Counsel, and telecommunications companies
429	providing Lifeline services, the development of procedures to
430	promote Lifeline participation.
431	2.  If any state agency determines that a person is
432	eligible for Lifeline services, the agency shall immediately
433	forward the information to the commission to ensure that the
434	person is automatically enrolled in the program with the
435	appropriate eligible telecommunications carrier. The state
436	agency shall include an option for an eligible customer to
437	choose not to subscribe to the Lifeline service. The Public
438	Service Commission and the Department of Children and Family
439	Services shall, no later than December 31, 2007, adopt rules
440	creating procedures to automatically enroll eligible customers
441	in Lifeline service.
442	3.  The commission, the Department of Children and Family
443	Services, and the Office of Public Counsel shall enter into a
444	memorandum of understanding establishing the respective duties
445	of the commission, the department, and the public counsel with
446	respect to the automatic enrollment procedures no later than
447	December 31, 2007.
448	(h)(i)  The commission shall report to the Governor, the
449	President of the Senate, and the Speaker of the House of
450	Representatives by December 31 each year on the number of
451	customers who are subscribing to Lifeline service and the
452	effectiveness of any procedures to promote participation.
453	(i)(j)  The commission shall adopt rules to administer this
454	section.
455	Section 9.  Section 364.15, Florida Statutes, is amended to
456	read:
457	364.15  Compelling repairs, improvements, changes,
458	additions, or extensions.--Whenever the commission finds, on its
459	own motion or upon complaint, that repairs or improvements to,
460	or changes in, any telecommunications facility ought reasonably
461	to be made, or that any additions or extensions should
462	reasonably be made to any telecommunications facility, in order
463	to promote the security or convenience of the public or
464	employees or in order to secure adequate service or facilities
465	for basic local telecommunications services consistent with the
466	requirements set forth in this chapter, the commission shall
467	make and serve an order directing that such repairs,
468	improvements, changes, additions, or extensions be made in the
469	manner to be specified in the order. This section authorizes the
470	commission to impose only those requirements that it is
471	otherwise authorized to impose under this chapter.
472	Section 10.  Section 364.33, Florida Statutes, is amended
473	to read:
474	364.33  Certificate of necessity prerequisite to
475	construction, operation, or control of telecommunications
476	facilities.--Except for a transfer of a certificate of necessity
477	from one person to another as provided in this section, a person
478	may not begin the construction or operation of any
479	telecommunications facility, or any extension thereof for the
480	purpose of providing telecommunications services to the public,
481	or acquire ownership or control thereof, in whatever manner,
482	including the acquisition, transfer, or assignment of majority
483	organizational control or controlling stock ownership, without
484	prior approval. A certificate of necessity may be transferred
485	from a person holding a certificate to another person holding a
486	certificate, and a person holding a certificate may acquire
487	ownership or control of a telecommunications facility through
488	the acquisition, transfer, or assignment of majority
489	organizational control or controlling stock ownership of a
490	person holding a certificate without prior approval of the
491	commission by giving 60 days' written notice of the transfer or
492	change of control to the commission and affected customers. This
493	section does not require approval by the commission prior to the
494	construction, operation, or extension of a facility by a
495	certificated company within its certificated area nor in any way
496	limit the commission's ability to review the prudence of such
497	construction programs for ratemaking as provided under this
498	chapter.
499	Section 11.  Subsection (4) of section 364.335, Florida
500	Statutes, is amended to read:
501	364.335  Application for certificate.--
502	(4)  Except as provided in s. 364.33, revocation,
503	suspension, transfer, or amendment of a certificate shall be
504	subject to the provisions of this section; except that, when the
505	commission initiates the action, the commission shall furnish
506	notice to the appropriate local government and to the Public
507	Counsel.
508	Section 12.  Section 364.3376, Florida Statutes, is amended
509	to read:
510	364.3376  Operator services.--
511	(1)(a)  A person may not provide operator services as
512	defined in s. 364.02 without first obtaining from the commission
513	a certificate of public convenience and necessity as an operator
514	services provider.
515	(b)  This section does not apply to operator services
516	provided by a local exchange telecommunications company or by an
517	intrastate interexchange telecommunications company, except as
518	required by the commission in the public interest.
519	(2)  Notwithstanding any finding by the commission that a
520	service or facility is subject to competition and should be
521	regulated pursuant to s. 364.338, All intrastate operator
522	service providers are subject to the jurisdiction of the
523	commission and shall render operator services pursuant to
524	schedules in accordance with s. 364.04 tariffs approved by the
525	commission.
526	(3)  For operator services, the commission shall establish
527	maximum rates and charges for all providers of such services
528	within the state.
529	(3)(4)  Operator service providers shall:
530	(a)  Require operators to:
531	1.  Clearly identify the operator service provider to all
532	end users before the call is made.
533	2.  When requested, provide rate and service information.
534	3.  When requested, provide the number to call for
535	complaints and inquiries.
536	4.  When requested, provide the procedure for reporting
537	service difficulties and methods of obtaining refunds.
538	(b)  Not intentionally charge for incompleted calls and
539	provide full refund or credit for any misbilled or incomplete
540	calls.
541	(c)  Bill for services in accordance with their published
542	schedules approved in their tariff and only at the rates set
543	forth therein tariff or otherwise approved rate, and disclose
544	their names on bills which include charges for services
545	rendered.
546	(4)(5)  Each call aggregator shall post in the immediate
547	vicinity of each telephone available to the public the name of
548	the operator service provider, a toll-free customer service
549	number, a statement that rate quotes are available upon request,
550	and instructions on how the end user may access other operator
551	service providers and such other information determined by the
552	commission to be necessary in the public interest.
553	(5)(6)  Neither the operator service provider nor the call
554	aggregator shall block or prevent an end user's access to the
555	end user's operator service provider of choice, except that the
556	commission shall grant limited waivers to operator service
557	providers or call aggregators upon a showing that such waiver is
558	in the public interest.
559	(6)(7)  The local exchange telecommunications company shall
560	not disconnect local service for properly contested nonpayment
561	of any operator services bill.
562	(7)(8)  The commission shall adopt and enforce requirements
563	for the provision of services by operator services companies and
564	call aggregators.
565	(8)(9)  Operator service providers and local exchange
566	companies providing billing and collection services shall only
567	bill and collect only the tariffed rates and charges set forth
568	in the applicable schedules.
569	(9)(10)  Notwithstanding any finding by the commission that
570	a service or facility is subject to competition and should be
571	regulated pursuant to s. 364.338, A local exchange
572	telecommunications company may shall not perform billing and
573	collection functions relating to regulated telecommunications
574	services provided by an operator services provider unless the
575	operator services provider has filed a statement with the local
576	exchange telecommunications company signed by a corporate
577	officer, or by another authorized person having personal
578	knowledge, that all regulated telecommunications services to be
579	billed will shall be rendered pursuant to applicable published
580	schedules tariffs approved by the commission.
581	(10)(11)  The commission shall conduct have the
582	responsibility for conducting an effective program of random,
583	no-notice compliance investigations of the operator services
584	providers and call aggregators operating within the state. When
585	the commission finds a blocking violation, it shall determine
586	whether the blocking is the responsibility of the call
587	aggregator or the operator services provider and may fine the
588	responsible party in accordance with s. 364.285. Upon the
589	failure of the responsible party to correct a violation within a
590	mandatory time limit established by the commission or upon a
591	proven pattern of intentional blocking, the commission shall
592	order the discontinuance of the call aggregator's telephone
593	service or revoke the operator services provider's certificate,
594	as applicable.
595	Section 13.  Section 364.3382, Florida Statutes, is amended
596	to read:
597	364.3382  Disclosure.--
598	(1)  A local exchange telecommunications company, when a
599	residential customer initially requests basic local
600	telecommunications service, shall advise each residential
601	customer of the least-cost service available to that customer.
602	Annually, in the form of a bill insert, the local exchange
603	telecommunications company shall advise each residential
604	customer of the price of each service option selected by that
605	customer. The requirement of an annual notice through a bill
606	insert does not apply to interexchange service.
607	(2)  Copies of both the written notices and information
608	provided to customer service representatives concerning the
609	disclosure required pursuant to subsection (1) shall be
610	submitted to the commission for prior approval.
611	Section 14.  Subsection (2) of section 364.345, Florida
612	Statutes, is amended to read:
613	364.345  Certificates; territory served; transfer.--
614	(2)  Except as provided in s. 364.33, a telecommunications
615	company may not sell, assign, or transfer its certificate or any
616	portion thereof without:
617	(a)  A determination by the commission that the proposed
618	sale, assignment, or transfer is in the public interest; and
619	(b)  The approval of the commission.
620	Section 15.  Section 364.603, Florida Statutes, is amended
621	to read:
622	364.603  Methodology for changing telecommunications
623	provider.--The commission shall adopt rules to prevent the
624	unauthorized changing of a subscriber's telecommunications
625	service. Such rules shall be consistent with the
626	Telecommunications Act of 1996, provide for specific
627	verification methodologies, provide for the notification to
628	subscribers of the ability to freeze the subscriber's choice of
629	carriers at no charge, allow for a subscriber's change to be
630	considered valid if verification was performed consistent with
631	the commission's rules, provide for remedies for violations of
632	the rules, and allow for the imposition of other penalties
633	available in this chapter. The commission shall resolve any
634	complaints of anticompetitive behavior concerning a local
635	preferred carrier freeze consistent with s. 364.058 and shall
636	require the telecommunications company asserting the existence
637	of a local preferred carrier freeze that is the subject of the
638	complaint to produce those records required to be maintained
639	pursuant to federal rules on an expedited basis.
640	Section 16.  Paragraph (a) of subsection (1) of section
641	364.059, Florida Statutes, is amended to read:
642	364.059  Procedures for seeking stay; benchmark;
643	criteria.--
644	(1)  If a local exchange telecommunications company has
645	elected, pursuant to s. 364.051(6), to have its basic local
646	telecommunications services treated the same as its nonbasic
647	services, the following procedures shall be available:
648	(a)  Any petition filed by a substantially interested party
649	against a local exchange telecommunications company seeking a
650	stay of the effective date of a price reduction for a basic
651	local telecommunications service, alleging an anticompetitive
652	price reduction pursuant to s. 364.051(5), s. 364.08, s. 364.09,
653	s. 364.10, or s. 364.3381, shall be resolved by the commission
654	pursuant to this section and by an order issued within 45 days
655	after the date the petition is filed.
656	Section 17.  Section 364.105, Florida Statutes, is amended
657	to read:
658	364.105  Discounted rate for basic service for former
659	Lifeline subscribers.--Each local exchange telecommunications
660	company shall offer discounted residential basic local
661	telecommunications service at 70 percent of the residential
662	local telecommunications service rate for any Lifeline
663	subscriber who no longer qualifies for Lifeline. A Lifeline
664	subscriber who requests such service shall receive the
665	discounted price for a period of 1 year after the date the
666	subscriber ceases to be qualified for Lifeline. In no event
667	shall this preclude the offering of any other discounted
668	services which comply with ss. 364.08, 364.09, and 364.10.
669	Section 18.  This act shall take effect July 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.