Florida Senate - 2009                             CS for SB 2626
       
       
       
       By the Committee on Communications, Energy, and Public
       Utilities; and Senators Haridopolos, Ring, Lynn, Oelrich, Smith,
       Bennett, Gaetz, Altman, and Pruitt
       
       
       579-03390-09                                          20092626c1
    1                        A bill to be entitled                      
    2         An act relating to telecommunications companies;
    3         creating the “Consumer Choice and Protection Act”;
    4         amending s. 364.013, F.S.; providing for local
    5         interconnection rights regardless of technology;
    6         amending s. 364.02, F.S.; redefining the terms “basic
    7         local telecommunications service,” “nonbasic service,”
    8         and “telecommunications company”; amending s. 364.04,
    9         F.S.; requiring each telecommunications company to
   10         publish through electronic or physical media the
   11         company’s schedules showing its rates, tolls, rentals,
   12         contracts, and charges; authorizing a
   13         telecommunications company to file the published
   14         schedules with the Public Service Commission or to
   15         publish the schedules through other reasonably
   16         publicly accessible means, including on a website;
   17         deleting standards for printing schedules and notices;
   18         amending s. 364.051, F.S.; removing a limitation on
   19         eligibility to request an increase in basic rates due
   20         to storm damage; deleting provisions relating to rate
   21         increases for nonbasic services; amending s. 364.08,
   22         F.S.; prohibiting a telecommunications company from
   23         charging or receiving compensation for any service
   24         other than for the charge applicable to the service as
   25         specified in its schedule on file or otherwise
   26         published; providing an exception for employee
   27         concessions; repealing s. 364.09, F.S., relating to
   28         the illegal giving of rebates or special rates by a
   29         telecommunications company; amending s. 364.10, F.S.;
   30         providing the conditions that require a
   31         telecommunications carrier to provide Lifeline
   32         services to eligible customers; amending s. 364.15,
   33         F.S.; requiring that the Public Service Commission
   34         order only those repairs and improvements to
   35         telecommunications facilities which are authorized
   36         under law; amending s. 364.33, F.S.; providing that a
   37         certificate of necessity may be transferred from a
   38         person holding a certificate to another, and a person
   39         holding a certificate may acquire ownership or control
   40         of a telecommunications facility without prior
   41         approval of the commission; amending ss. 364.335 and
   42         364.345, F.S.; conforming provisions to changes made
   43         in the act; amending s. 364.3376, F.S.; requiring
   44         providers of telephone operator services to comply
   45         with certain enumerated criteria; requiring the
   46         operator services to bill for services in accordance
   47         with published schedules; amending s. 364.3382, F.S.;
   48         requiring each local exchange telecommunications
   49         company to advise each residential customer of the
   50         least-cost service available to that customer when the
   51         residential customer initially requests basic local
   52         telecommunications service; amending s. 364.603, F.S.;
   53         providing procedures for resolving complaints
   54         regarding preferred carrier freezes on local exchange
   55         service; amending ss. 364.059 and 364.105, F.S.;
   56         conforming cross-references; providing an effective
   57         date.
   58  
   59  Be It Enacted by the Legislature of the State of Florida:
   60  
   61         Section 1. This act may be cited as the “Consumer Choice
   62  and Protection Act.”
   63         Section 2. Section 364.013, Florida Statutes, is amended to
   64  read:
   65         364.013 Emerging and advanced services.—Broadband service
   66  and the provision of voice-over-Internet-protocol (VoIP) shall
   67  be free of state regulation, except as delineated in this
   68  chapter or as specifically authorized by federal law, regardless
   69  of the provider, platform, or protocol. Notwithstanding the
   70  exemptions in this chapter, a competitive local exchange
   71  telecommunications company is entitled to interconnection with a
   72  local exchange telecommunications company to transmit and route
   73  voice traffic between both the competitive local exchange
   74  telecommunications company and the local exchange
   75  telecommunications company regardless of the technology by which
   76  the voice traffic is originated by and terminated to an end
   77  user. The commission shall afford such competitive local
   78  exchange telecommunications company all substantive and
   79  procedural rights available to such companies regarding
   80  interconnection under the law.
   81         Section 3. Section 364.02, Florida Statutes, is amended to
   82  read:
   83         364.02 Definitions.—As used in this chapter, the term:
   84         (1) “Basic local telecommunications service” means voice
   85  grade, single-line, flat-rate residential, and flat-rate single
   86  line business local exchange service that provides services
   87  which provide dial tone, local usage necessary to place
   88  unlimited calls within a local exchange area, dual tone
   89  multifrequency dialing, and access to the following: emergency
   90  services such as “911,” all locally available interexchange
   91  companies, directory assistance, operator services, relay
   92  services, and an alphabetical directory listing. For a local
   93  exchange telecommunications company, the term includes shall
   94  include any extended area service routes, and extended calling
   95  service in existence or ordered by the commission on or before
   96  July 1, 1995.
   97         (2) “Broadband service” means any service that consists of
   98  or includes the offering of the capability to transmit or
   99  receive information at a rate that is not less than 200 kilobits
  100  per second and either:
  101         (a) Is used to provide access to the Internet; or
  102         (b) Provides computer processing, information storage,
  103  information content, or protocol conversion in combination with
  104  the service.
  105  
  106  The definition of broadband service does not include any
  107  intrastate telecommunications services that have been tariffed
  108  with the commission on or before January 1, 2005.
  109         (3) “Commercial mobile radio service provider” means a
  110  commercial mobile radio service provider as defined by and
  111  pursuant to 47 U.S.C. ss. 153(27)(n) and 332(d).
  112         (4) “Commission” means the Florida Public Service
  113  Commission.
  114         (5) “Competitive local exchange telecommunications company”
  115  means any company certificated by the commission to provide
  116  local exchange telecommunications services in this state on or
  117  after July 1, 1995.
  118         (6) “Corporation” includes a corporation, company,
  119  association, or joint stock association.
  120         (7) “Intrastate interexchange telecommunications company”
  121  means any entity that provides intrastate interexchange
  122  telecommunications services.
  123         (8) “Local exchange telecommunications company” means any
  124  company certificated by the commission to provide local exchange
  125  telecommunications service in this state on or before June 30,
  126  1995.
  127         (9) “Monopoly service” means a telecommunications service
  128  for which there is no effective competition, either in fact or
  129  by operation of law.
  130         (10) “Nonbasic service” means any telecommunications
  131  service provided by a local exchange telecommunications company
  132  other than a basic local telecommunications service, a local
  133  interconnection arrangement described in s. 364.16, or a network
  134  access service described in s. 364.163. Any combination of basic
  135  service along with a nonbasic service or an unregulated service
  136  is nonbasic service.
  137         (11) “Operator service” includes, but is not limited to,
  138  billing or completion of third-party, person-to-person, collect,
  139  or calling card or credit card calls through the use of a live
  140  operator or automated equipment.
  141         (12) “Operator service provider” means a person who
  142  furnishes operator service through a call aggregator.
  143         (13) “Service” is to be construed in its broadest and most
  144  inclusive sense. The term “service” does not include broadband
  145  service or voice-over-Internet protocol service for purposes of
  146  regulation by the commission. Nothing herein shall affect the
  147  rights and obligations of any entity related to the payment of
  148  switched network access rates or other intercarrier
  149  compensation, if any, related to voice-over-Internet protocol
  150  service. Notwithstanding s. 364.013, and the exemption of
  151  services pursuant to this subsection, the commission may
  152  arbitrate, enforce, or approve interconnection agreements, and
  153  resolve disputes as provided by 47 U.S.C. ss. 251 and 252, or
  154  any other applicable federal law or regulation. With respect to
  155  the services exempted in this subsection, regardless of the
  156  technology, the duties of a local exchange telecommunications
  157  company are only those that the company is obligated to extend
  158  or provide under applicable federal law and regulations.
  159         (14) “Telecommunications company” includes every
  160  corporation, partnership, and person and their lessees,
  161  trustees, or receivers appointed by any court whatsoever, and
  162  every political subdivision in the state, offering two-way
  163  telecommunications service to the public for hire within this
  164  state by the use of a telecommunications facility. The term
  165  “telecommunications company” does not include:
  166         (a) An entity that which provides a telecommunications
  167  facility exclusively to a certificated telecommunications
  168  company;
  169         (b) An entity that which provides a telecommunications
  170  facility exclusively to a company which is excluded from the
  171  definition of a telecommunications company under this
  172  subsection;
  173         (c) A commercial mobile radio service provider;
  174         (d) A facsimile transmission service;
  175         (e) A private computer data network company not offering
  176  service to the public for hire;
  177         (f) A cable television company providing cable service as
  178  defined in 47 U.S.C. s. 522; or
  179         (g) An intrastate interexchange telecommunications company.
  180  
  181  However, each commercial mobile radio service provider and each
  182  intrastate interexchange telecommunications company shall
  183  continue to be liable for any taxes imposed under chapters 202,
  184  203, and 212 and any fees assessed under s. 364.025. Each
  185  intrastate interexchange telecommunications company shall
  186  continue to be subject to ss. 364.04, 364.10(3)(a) and (d),
  187  364.163, 364.285, 364.336, 364.501, 364.603, and 364.604, shall
  188  provide the commission with the current information as the
  189  commission deems necessary to contact and communicate with the
  190  company, and shall continue to pay intrastate switched network
  191  access rates or other intercarrier compensation to the local
  192  exchange telecommunications company or the competitive local
  193  exchange telecommunications company for the origination and
  194  termination of interexchange telecommunications service, and
  195  shall reduce its intrastate long distance toll rates in
  196  accordance with former s. 364.163(2).
  197         (15) “Telecommunications facility” includes real estate,
  198  easements, apparatus, property, and routes used and operated to
  199  provide two-way telecommunications service to the public for
  200  hire within this state.
  201         (16) “VoIP” means the voice-over-Internet protocol as that
  202  term is defined in federal law.
  203         Section 4. Section 364.04, Florida Statutes, is amended to
  204  read:
  205         364.04 Schedules of rates, tolls, rentals, contracts, and
  206  charges; filing; public inspection.—
  207         (1) Upon order of the commission, Every telecommunications
  208  company shall publish through electronic or physical media file
  209  with the commission, and shall print and keep open to public
  210  inspection, schedules showing the rates, tolls, rentals,
  211  contracts, and charges of that company for service to be
  212  performed within the state. A telecommunications company may, as
  213  an option, file the published schedules with the commission or
  214  publish its schedules through other reasonably publicly
  215  accessible means, including on a website. A telecommunications
  216  company that does not file its schedules with the commission
  217  shall inform its customers where a customer may view the
  218  telecommunications company’s schedules.
  219         (2) The schedules schedule, as printed and open to public
  220  inspection, shall plainly state the places between which
  221  telecommunications service will be rendered and shall also state
  222  separately all charges and all privileges or facilities granted
  223  or allowed and any rules or regulations or forms of contract
  224  which may in anywise change, affect, or determine any of the
  225  aggregate of the rates, tolls, rentals, or charges for the
  226  service rendered.
  227         (3)A schedule shall be plainly printed in large type, and
  228  a copy thereof shall be kept by every telecommunications company
  229  readily accessible to, and for convenient inspection by, the
  230  public at such places as may be designated by the commission.
  231  Any such schedule shall be immediately produced by the
  232  telecommunications company upon the demand of any person.
  233         (4)A notice printed in bold type and stating that such
  234  schedules are on file and open to inspection by any person, the
  235  places where the schedules are kept, and that the agent will
  236  assist any person to determine from such schedules any rate,
  237  toll, rental, rule, or regulation which is in force shall be
  238  kept posted by every telecommunications company as the
  239  commission designates.
  240         Section 5. Paragraph (c) of subsection (1), paragraph (c)
  241  of subsection (2), paragraph (b) of subsection (4), and
  242  subsection (5) of section 364.051, Florida Statutes, are amended
  243  to read:
  244         364.051 Price regulation.—
  245         (1) SCHEDULE.—Notwithstanding any other provisions of this
  246  chapter, the following local exchange telecommunications
  247  companies shall become subject to the price regulation described
  248  in this section on the following dates:
  249         (c) Each company subject to this section is shall be exempt
  250  from rate base, rate of return regulation, and the requirements
  251  of ss. 364.03, 364.035, 364.037, 364.05, 364.055, 364.14,
  252  364.17, and 364.18, and 364.19.
  253         (2) BASIC LOCAL TELECOMMUNICATIONS SERVICE.—Price
  254  regulation of basic local telecommunications service shall
  255  consist of the following:
  256         (c) There shall be a flat-rate pricing option for basic
  257  local telecommunications service services, and mandatory
  258  measured service for basic local telecommunications service
  259  services shall not be imposed.
  260         (4)
  261         (b) For purposes of this section, evidence of damage
  262  occurring to the lines, plants, or facilities of a local
  263  exchange telecommunications company that is subject to the
  264  carrier-of-last-resort obligations, which damage is the result
  265  of a tropical system occurring after June 1, 2005, and named by
  266  the National Hurricane Center, constitutes a compelling showing
  267  of changed circumstances.
  268         1. A company may file a petition to recover its intrastate
  269  costs and expenses relating to repairing, restoring, or
  270  replacing the lines, plants, or facilities damaged by a named
  271  tropical system.
  272         2. The commission shall verify the intrastate costs and
  273  expenses submitted by the company in support of its petition.
  274         3. The company must show and the commission shall determine
  275  whether the intrastate costs and expenses are reasonable under
  276  the circumstances for the named tropical system.
  277         4. A company having a storm-reserve fund may recover
  278  tropical-system-related costs and expenses from its customers
  279  only in excess of any amount available in the storm-reserve
  280  fund.
  281         5. The commission may determine the amount of any increase
  282  that the company may charge its customers, but the charge per
  283  line item may not exceed 50 cents per month per customer line
  284  for a period of not more than 12 months.
  285         6. The commission may order the company to add an equal
  286  line-item charge per access line to the billing statement of the
  287  company’s retail basic local telecommunications service
  288  customers, its retail nonbasic telecommunications service
  289  customers, and, to the extent the commission determines
  290  appropriate, its wholesale loop unbundled network element
  291  customers. At the end of the collection period, the commission
  292  shall verify that the collected amount does not exceed the
  293  amount authorized by the order. If collections exceed the
  294  ordered amount, the commission shall order the company to refund
  295  the excess.
  296         7. In order to qualify for filing a petition under this
  297  paragraph, a company with 1 million or more access lines, but
  298  fewer than 3 million access lines, must have tropical-system
  299  related costs and expenses exceeding $1.5 million, and a company
  300  with 3 million or more access lines must have tropical-system
  301  related costs and expenses of $5 million or more. A company with
  302  fewer than 1 million access lines is not required to meet a
  303  minimum damage threshold in order to qualify to file a petition
  304  under this paragraph.
  305         8. A company may file only one petition for storm recovery
  306  in any 12-month period for the previous storm season, but the
  307  application may cover damages from more than one named tropical
  308  system.
  309  
  310  This paragraph is not intended to adversely affect the
  311  commission’s consideration of any petition for an increase in
  312  basic rates to recover costs related to storm damage which was
  313  filed before the effective date of this act.
  314         (5) NONBASIC SERVICES.—Price regulation of nonbasic
  315  services shall consist of the following:
  316         (a) Each company subject to this section shall, at its
  317  option, maintain tariffs with the commission or otherwise
  318  publicly publish the terms, conditions, and rates for each of
  319  its nonbasic services, and may set or change, on 1 day’s notice,
  320  the rate for each of its nonbasic services. For a company
  321  electing to publicly publish the terms, conditions, and rates
  322  for each of its nonbasic services, the commission may establish
  323  guidelines for the publication. The guidelines may not require
  324  more information than what is required to be filed with a
  325  tariff. The price increase for any nonbasic service category
  326  shall not exceed 6 percent within a 12-month period until there
  327  is another provider providing local telecommunications service
  328  in an exchange area at which time the price for any nonbasic
  329  service category may be increased in an amount not to exceed 20
  330  percent within a 12-month period, and the rate shall be
  331  presumptively valid. However, for purposes of this subsection,
  332  the prices of:
  333         1.A voice-grade, flat-rate, multi-line business local
  334  exchange service, including multiple individual lines, centrex
  335  lines, private branch exchange trunks, and any associated
  336  hunting services, that provides dial tone and local usage
  337  necessary to place a call within a local exchange calling area;
  338  and
  339         2.Telecommunications services provided under contract
  340  service arrangements to the SUNCOM Network, as defined in
  341  chapter 282,
  342  
  343  shall be capped at the rates in effect on July 1, 1995, and such
  344  rates shall not be increased prior to January 1, 2000; provided,
  345  however, that a petition to increase such rates may be filed
  346  pursuant to subsection (4) utilizing the standards set forth
  347  therein. There shall be a flat-rate pricing option for multi
  348  line business local exchange service, and mandatory measured
  349  service for multi-line business local exchange service shall not
  350  be imposed. Nothing contained in This chapter does not section
  351  shall prevent the local exchange telecommunications company from
  352  meeting offerings by any competitive provider of the same, or
  353  functionally equivalent, nonbasic services in a specific
  354  geographic market or to a specific customer by deaveraging the
  355  price of any nonbasic service, packaging nonbasic services
  356  together or with basic services, using volume discounts and term
  357  discounts, and offering individual contracts. However, the local
  358  exchange telecommunications company may shall not engage in any
  359  anticompetitive act or practice or, nor unreasonably
  360  discriminate among similarly situated customers.
  361         (b) The commission has shall have continuing regulatory
  362  oversight of nonbasic services for purposes of ensuring
  363  resolution of service complaints, preventing cross-subsidization
  364  of nonbasic services with revenues from basic services, and
  365  ensuring that all providers are treated fairly in the
  366  telecommunications market. The price charged to a consumer for a
  367  nonbasic service shall cover the direct costs of providing the
  368  service. The cost standard for determining cross-subsidization
  369  is whether the total revenue from a nonbasic service is less
  370  than the total long-run incremental cost of the service. Total
  371  long-run incremental cost means service-specific volume and
  372  nonvolume-sensitive costs.
  373         (c)The price charged to a consumer for a nonbasic service
  374  shall cover the direct costs of providing the service and shall,
  375  to the extent a cost is not included in the direct cost, include
  376  as an imputed cost the price charged by the company to
  377  competitors for any monopoly component used by a competitor in
  378  the provision of its same or functionally equivalent service.
  379         Section 6. Section 364.08, Florida Statutes, is amended to
  380  read:
  381         364.08 Unlawful to charge other than schedule rates or
  382  charges; free service and reduced rates prohibited.—
  383         (1) A telecommunications company may not charge, demand,
  384  collect, or receive for any service rendered or to be rendered
  385  any compensation other than the charge applicable to such
  386  service as specified in its schedule on file or otherwise
  387  published and in effect at that time. A telecommunications
  388  company may not refund or remit, directly or indirectly, any
  389  portion of the rate or charge so specified or extend to any
  390  person any advantage of contract or agreement or the benefit of
  391  any rule or regulation or any privilege or facility not
  392  regularly and uniformly extended to all persons under like
  393  circumstances for like or substantially similar service.
  394         (2) A telecommunications company subject to this chapter
  395  may provide not, directly or indirectly, give any free or
  396  reduced service between points within this state. However, it
  397  shall be lawful for the commission to authorize employee
  398  concessions without approval by the commission if in the public
  399  interest.
  400         Section 7. Section 364.09, Florida Statutes, is repealed.
  401         Section 8. Subsection (3) of section 364.10, Florida
  402  Statutes, is amended to read:
  403         364.10 Undue advantage to person or locality prohibited;
  404  Lifeline service.—
  405         (3)(a) Each Effective September 1, 2003, any local exchange
  406  telecommunications company that has more than 1 million access
  407  lines and that is designated as an eligible telecommunications
  408  carrier authorized by the commission to reduce its switched
  409  network access rate pursuant to s. 364.164 shall have tariffed
  410  and shall provide Lifeline service to any otherwise eligible
  411  customer or potential customer who meets an income eligibility
  412  test at 135 percent or less of the federal poverty income
  413  guidelines for Lifeline customers. Such a test for eligibility
  414  must augment, rather than replace, the eligibility standards
  415  established by federal law and based on participation in certain
  416  low-income assistance programs. Each intrastate interexchange
  417  telecommunications company shall, effective September 1, 2003,
  418  file or publish a schedule tariff providing at a minimum the
  419  intrastate interexchange telecommunications carrier’s current
  420  Lifeline benefits and exemptions to Lifeline customers who meet
  421  the income eligibility test set forth in this subsection. The
  422  Office of Public Counsel shall certify and maintain claims
  423  submitted by a customer for eligibility under the income test
  424  authorized by this subsection.
  425         (b) Each eligible telecommunications carrier subject to
  426  this subsection shall provide to each state and federal agency
  427  providing benefits to persons eligible for Lifeline service
  428  applications, brochures, pamphlets, or other materials that
  429  inform the persons of their eligibility for Lifeline, and each
  430  state agency providing the benefits shall furnish the materials
  431  to affected persons at the time they apply for benefits.
  432         (c) Any local exchange telecommunications company customer
  433  receiving Lifeline benefits shall not be subject to any
  434  residential basic local telecommunications service rate
  435  increases authorized by s. 364.164 until the local exchange
  436  telecommunications company reaches parity as defined in s.
  437  364.164(5) or until the customer no longer qualifies for the
  438  Lifeline benefits established by this section or s. 364.105, or
  439  unless otherwise determined by the commission upon petition by a
  440  local exchange telecommunications company.
  441         (d) An eligible telecommunications carrier may not
  442  discontinue basic local exchange telephone service to a
  443  subscriber who receives Lifeline service because of nonpayment
  444  by the subscriber of charges for nonbasic services billed by the
  445  telecommunications company, including long-distance service. A
  446  subscriber who receives Lifeline service shall be required to
  447  pay all applicable basic local exchange service fees, including
  448  the subscriber line charge, E-911, telephone relay system
  449  charges, and applicable state and federal taxes.
  450         (e) An eligible telecommunications carrier may not refuse
  451  to connect, reconnect, or provide Lifeline service because of
  452  unpaid toll charges or nonbasic charges other than basic local
  453  exchange service.
  454         (f) An eligible telecommunications carrier may require that
  455  payment arrangements be made for outstanding debt associated
  456  with basic local exchange service, subscriber line charges, E
  457  911, telephone relay system charges, and applicable state and
  458  federal taxes.
  459         (g) An eligible telecommunications carrier may block a
  460  Lifeline service subscriber’s access to all long-distance
  461  service, except for toll-free numbers, and may block the ability
  462  to accept collect calls when the subscriber owes an outstanding
  463  amount for long-distance service or amounts resulting from
  464  collect calls. However, the eligible telecommunications carrier
  465  may not impose a charge for blocking long-distance service. The
  466  eligible telecommunications carrier shall remove the block at
  467  the request of the subscriber without additional cost to the
  468  subscriber upon payment of the outstanding amount. An eligible
  469  telecommunications carrier may charge a service deposit before
  470  removing the block.
  471         (h)1. By December 31, 2007, each state agency that provides
  472  benefits to persons eligible for Lifeline service shall
  473  undertake, in cooperation with the Department of Children and
  474  Family Services, the Department of Education, the commission,
  475  the Office of Public Counsel, and telecommunications companies
  476  providing Lifeline services, the development of procedures to
  477  promote Lifeline participation.
  478         2. If any state agency determines that a person is eligible
  479  for Lifeline services, the agency shall immediately forward the
  480  information to the commission to ensure that the person is
  481  automatically enrolled in the program with the appropriate
  482  eligible telecommunications carrier. The state agency shall
  483  include an option for an eligible customer to choose not to
  484  subscribe to the Lifeline service. The Public Service Commission
  485  and the Department of Children and Family Services shall, no
  486  later than December 31, 2007, adopt rules creating procedures to
  487  automatically enroll eligible customers in Lifeline service.
  488         3. The commission, the Department of Children and Family
  489  Services, and the Office of Public Counsel shall enter into a
  490  memorandum of understanding establishing the respective duties
  491  of the commission, the department, and the public counsel with
  492  respect to the automatic enrollment procedures no later than
  493  December 31, 2007.
  494         (i) The commission shall report to the Governor, the
  495  President of the Senate, and the Speaker of the House of
  496  Representatives by December 31 each year on the number of
  497  customers who are subscribing to Lifeline service and the
  498  effectiveness of any procedures to promote participation.
  499         (j) The commission shall adopt rules to administer this
  500  section.
  501         Section 9. Section 364.15, Florida Statutes, is amended to
  502  read:
  503         364.15 Compelling repairs, improvements, changes,
  504  additions, or extensions.—Whenever the commission finds, on its
  505  own motion or upon complaint, that repairs or improvements to,
  506  or changes in, any telecommunications facility ought reasonably
  507  to be made, or that any additions or extensions should
  508  reasonably be made to any telecommunications facility, in order
  509  to promote the security or convenience of the public or
  510  employees or in order to secure adequate service or facilities
  511  for basic local telecommunications services consistent with the
  512  requirements set forth in this chapter, the commission shall
  513  make and serve an order directing that such repairs,
  514  improvements, changes, additions, or extensions be made in the
  515  manner to be specified in the order. This section authorizes the
  516  commission to impose only those requirements that it is
  517  otherwise authorized to impose under this chapter.
  518         Section 10. Section 364.33, Florida Statutes, is amended to
  519  read:
  520         364.33 Certificate of necessity prerequisite to
  521  construction, operation, or control of telecommunications
  522  facilities.—Except for a transfer of a certificate of necessity
  523  from one person to another as provided in this section, a person
  524  may not begin the construction or operation of any
  525  telecommunications facility, or any extension thereof for the
  526  purpose of providing telecommunications services to the public,
  527  or acquire ownership or control thereof, in whatever manner,
  528  including the acquisition, transfer, or assignment of majority
  529  organizational control or controlling stock ownership, without
  530  prior approval. A certificate of necessity may be transferred
  531  from a person holding a certificate to another person holding a
  532  certificate, and a person holding a certificate may acquire
  533  ownership or control of a telecommunications facility through
  534  the acquisition, transfer, or assignment of majority
  535  organizational control or controlling stock ownership of a
  536  person holding a certificate without prior approval of the
  537  commission by giving 60 days’ written notice of the transfer or
  538  change of control to the commission and affected customers. This
  539  section does not require approval by the commission prior to the
  540  construction, operation, or extension of a facility by a
  541  certificated company within its certificated area nor in any way
  542  limit the commission’s ability to review the prudence of such
  543  construction programs for ratemaking as provided under this
  544  chapter.
  545         Section 11. Subsection (4) of section 364.335, Florida
  546  Statutes, is amended to read:
  547         364.335 Application for certificate.—
  548         (4) Except as provided in s. 364.33, revocation,
  549  suspension, transfer, or amendment of a certificate shall be
  550  subject to the provisions of this section; except that, when the
  551  commission initiates the action, the commission shall furnish
  552  notice to the appropriate local government and to the Public
  553  Counsel.
  554         Section 12. Section 364.3376, Florida Statutes, is amended
  555  to read:
  556         364.3376 Operator services.—
  557         (1)(a) A person may not provide operator services as
  558  defined in s. 364.02 without first obtaining from the commission
  559  a certificate of public convenience and necessity as an operator
  560  services provider.
  561         (b) This section does not apply to operator services
  562  provided by a local exchange telecommunications company or by an
  563  intrastate interexchange telecommunications company, except as
  564  required by the commission in the public interest.
  565         (2) Notwithstanding any finding by the commission that a
  566  service or facility is subject to competition and should be
  567  regulated pursuant to s. 364.338, All intrastate operator
  568  service providers are subject to the jurisdiction of the
  569  commission and shall render operator services pursuant to
  570  schedules in accordance with s. 364.04 tariffs approved by the
  571  commission.
  572         (3)For operator services, the commission shall establish
  573  maximum rates and charges for all providers of such services
  574  within the state.
  575         (3)(4) Operator service providers shall:
  576         (a) Require operators to:
  577         1. Clearly identify the operator service provider to all
  578  end users before the call is made.
  579         2. When requested, provide rate and service information.
  580         3. When requested, provide the number to call for
  581  complaints and inquiries.
  582         4. When requested, provide the procedure for reporting
  583  service difficulties and methods of obtaining refunds.
  584         (b) Not intentionally charge for incompleted calls and
  585  provide full refund or credit for any misbilled or incomplete
  586  calls.
  587         (c) Bill for services in accordance with their published
  588  schedules approved in their tariff and only at the rates set
  589  forth therein tariff or otherwise approved rate, and disclose
  590  their names on bills which include charges for services
  591  rendered.
  592         (4)(5) Each call aggregator shall post in the immediate
  593  vicinity of each telephone available to the public the name of
  594  the operator service provider, a toll-free customer service
  595  number, a statement that rate quotes are available upon request,
  596  and instructions on how the end user may access other operator
  597  service providers and such other information determined by the
  598  commission to be necessary in the public interest.
  599         (5)(6) Neither the operator service provider nor the call
  600  aggregator shall block or prevent an end user’s access to the
  601  end user’s operator service provider of choice, except that the
  602  commission shall grant limited waivers to operator service
  603  providers or call aggregators upon a showing that such waiver is
  604  in the public interest.
  605         (6)(7) The local exchange telecommunications company shall
  606  not disconnect local service for properly contested nonpayment
  607  of any operator services bill.
  608         (7)(8) The commission shall adopt and enforce requirements
  609  for the provision of services by operator services companies and
  610  call aggregators.
  611         (8)(9) Operator service providers and local exchange
  612  companies providing billing and collection services shall only
  613  bill and collect only the tariffed rates and charges set forth
  614  in the applicable schedules.
  615         (9)(10)Notwithstanding any finding by the commission that
  616  a service or facility is subject to competition and should be
  617  regulated pursuant to s. 364.338, A local exchange
  618  telecommunications company may shall not perform billing and
  619  collection functions relating to regulated telecommunications
  620  services provided by an operator services provider unless the
  621  operator services provider has filed a statement with the local
  622  exchange telecommunications company signed by a corporate
  623  officer, or by another authorized person having personal
  624  knowledge, that all regulated telecommunications services to be
  625  billed will shall be rendered pursuant to applicable published
  626  schedules tariffs approved by the commission.
  627         (10)(11) The commission shall conduct have the
  628  responsibility for conducting an effective program of random,
  629  no-notice compliance investigations of the operator services
  630  providers and call aggregators operating within the state. When
  631  the commission finds a blocking violation, it shall determine
  632  whether the blocking is the responsibility of the call
  633  aggregator or the operator services provider and may fine the
  634  responsible party in accordance with s. 364.285. Upon the
  635  failure of the responsible party to correct a violation within a
  636  mandatory time limit established by the commission or upon a
  637  proven pattern of intentional blocking, the commission shall
  638  order the discontinuance of the call aggregator’s telephone
  639  service or revoke the operator services provider’s certificate,
  640  as applicable.
  641         Section 13. Section 364.3382, Florida Statutes, is amended
  642  to read:
  643         364.3382 Disclosure.—
  644         (1) A local exchange telecommunications company, when a
  645  residential customer initially requests basic local
  646  telecommunications service, shall advise each residential
  647  customer of the least-cost service available to that customer.
  648  Annually, in the form of a bill insert, the local exchange
  649  telecommunications company shall advise each residential
  650  customer of the price of each service option selected by that
  651  customer. The requirement of an annual notice through a bill
  652  insert does not apply to interexchange service.
  653         (2)Copies of both the written notices and information
  654  provided to customer service representatives concerning the
  655  disclosure required pursuant to subsection (1) shall be
  656  submitted to the commission for prior approval.
  657         Section 14. Subsection (2) of section 364.345, Florida
  658  Statutes, is amended to read:
  659         364.345 Certificates; territory served; transfer.—
  660         (2) Except as provided in s. 364.33, a telecommunications
  661  company may not sell, assign, or transfer its certificate or any
  662  portion thereof without:
  663         (a) A determination by the commission that the proposed
  664  sale, assignment, or transfer is in the public interest; and
  665         (b) The approval of the commission.
  666         Section 15. Section 364.603, Florida Statutes, is amended
  667  to read:
  668         364.603 Methodology for changing telecommunications
  669  provider.—The commission shall adopt rules to prevent the
  670  unauthorized changing of a subscriber’s telecommunications
  671  service. Such rules shall be consistent with the
  672  Telecommunications Act of 1996, provide for specific
  673  verification methodologies, provide for the notification to
  674  subscribers of the ability to freeze the subscriber’s choice of
  675  carriers at no charge, allow for a subscriber’s change to be
  676  considered valid if verification was performed consistent with
  677  the commission’s rules, provide for remedies for violations of
  678  the rules, and allow for the imposition of other penalties
  679  available in this chapter. The commission shall resolve any
  680  complaints of anticompetitive behavior concerning a local
  681  preferred carrier freeze consistent with s. 364.058 and shall
  682  require the telecommunications company asserting the existence
  683  of a local preferred carrier freeze that is the subject of the
  684  complaint to produce those records required to be maintained
  685  pursuant to federal rules on an expedited basis.
  686         Section 16. Paragraph (a) of subsection (1) of section
  687  364.059, Florida Statutes, is amended to read:
  688         364.059 Procedures for seeking stay; benchmark; criteria.—
  689         (1) If a local exchange telecommunications company has
  690  elected, pursuant to s. 364.051(6), to have its basic local
  691  telecommunications services treated the same as its nonbasic
  692  services, the following procedures shall be available:
  693         (a) Any petition filed by a substantially interested party
  694  against a local exchange telecommunications company seeking a
  695  stay of the effective date of a price reduction for a basic
  696  local telecommunications service, alleging an anticompetitive
  697  price reduction pursuant to s. 364.051(5), s. 364.08, s. 364.09,
  698  s. 364.10, or s. 364.3381, shall be resolved by the commission
  699  pursuant to this section and by an order issued within 45 days
  700  after the date the petition is filed.
  701         Section 17. Section 364.105, Florida Statutes, is amended
  702  to read:
  703         364.105 Discounted rate for basic service for former
  704  Lifeline subscribers.—Each local exchange telecommunications
  705  company shall offer discounted residential basic local
  706  telecommunications service at 70 percent of the residential
  707  local telecommunications service rate for any Lifeline
  708  subscriber who no longer qualifies for Lifeline. A Lifeline
  709  subscriber who requests such service shall receive the
  710  discounted price for a period of 1 year after the date the
  711  subscriber ceases to be qualified for Lifeline. In no event
  712  shall this preclude the offering of any other discounted
  713  services which comply with ss. 364.08, 364.09, and 364.10.
  714         Section 18. This act shall take effect July 1, 2009.