CS/HB 1231

1
A bill to be entitled
2An act relating to telecommunications; creating the
3"Regulatory Reform Act"; amending s. 364.01, F.S.;
4revising legislative intent with respect to the
5jurisdiction of the Florida Public Service Commission;
6amending s. 364.011, F.S.; providing that certain basic
7and nonbasic telecommunication services are exempt from
8the jurisdiction of the Public Service Commission;
9amending s. 364.012, F.S.; requiring local exchange
10telecommunications companies to provide unbundled access
11to network elements; amending s. 364.0135, F.S.; providing
12legislative intent relating to the sustainable adoption of
13broadband Internet service; providing a definition of
14"sustainable adoption" as it relates to broadband Internet
15services; removing obsolete legislative intent;
16authorizing the Department of Management Services to work
17collaboratively with, and to receive staffing support and
18other resources from, Enterprise Florida, Inc., state
19agencies, local governments, private businesses, and
20community organizations to encourage sustainable adoption
21of broadband Internet services; authorizing the department
22to adopt rules; repealing s. 364.015, F.S., relating to
23injunctive relief; amending s. 364.016, F.S.; removing the
24commission's authority to assess travel cost to review
25out-of-state records of telecommunications company
26affiliates; amending s. 364.02, F.S.; removing the
27definition of the term "monopoly service"; revising the
28definitions of the terms "basic local telecommunications
29service" and "nonbasic service"; excluding an operator
30service provider from the meaning of the term
31"telecommunications company"; revising the definition of
32the term "VoIP"; repealing ss. 364.025, 364.0251, and
33364.0252, F.S., relating to uniform telecommunications
34service, a telecommunications consumer information
35program, and the expansion of consumer information
36programs, respectively; amending s. 364.04, F.S.;
37providing that the commission has no jurisdiction over the
38content, form, or format of rate schedules published by a
39telecommunications company; providing that a
40telecommunications company may undertake certain
41activities; repealing ss. 364.051, 364.052, 364.057,
42364.058, 364.059, 364.06, 364.063, 364.07, and 364.08,
43F.S., relating to price regulation, regulatory methods for
44small local exchange telecommunications companies,
45experimental and transitional rates, limited proceedings,
46procedures for seeking a stay of proceedings, joint rates,
47tolls, and contracts, rate adjustment orders, intrastate
48interexchange service contracts, and unlawful charges
49against consumers, respectively; amending s. 364.10, F.S.;
50removing obsolete provisions; requiring an eligible
51telecommunications carrier to provide a Lifeline
52Assistance Plan to qualified residential subscribers;
53repealing s. 364.15, F.S., relating to repairs,
54improvements, and additions to telecommunication
55facilities; amending s. 364.16, F.S., relating to
56interconnection, unbundling, and resale of
57telecommunication services; requiring the commission to,
58upon request, arbitrate and enforce interconnection
59agreements; prohibiting a telecommunications company from
60knowingly delivering traffic for which terminating access
61service charges would otherwise apply; authorizing the
62commission to adopt rules to prevent the unauthorized
63changing of a subscriber's telecommunications service;
64removing obsolete provisions relating to local exchange
65telecommunications companies; repealing ss. 364.161 and
66364.162, F.S., relating to unbundling and resale of
67telecommunication services and negotiated prices for
68interconnection services, respectively; amending s.
69364.163, F.S.; conforming provisions to changes made by
70the act; amending s. 364.183, F.S.; revising provisions
71relating to access of the commission to certain records of
72a telecommunications company; repealing ss. 364.185,
73364.19, and 364.27, F.S., relating to powers of the
74commission to investigate and inspect any premises of a
75telecommunications company, regulation of
76telecommunication contracts, and powers and duties as to
77interstate rates, respectively; amending s. 364.33, F.S.,
78relating to the certificate of authority; prohibiting a
79person from providing any telecommunications service to
80the public without a certificate of necessity or a
81certificate of authority issued by the commission;
82providing that, after a specified date, the commission
83will no longer issue certificates of necessity; amending
84s. 364.335, F.S.; requiring an applicant to provide
85certain information when applying for a certificate of
86authority; describing the criteria necessary to be granted
87a certificate of authority; authorizing a
88telecommunications company to terminate a certificate of
89authority; repealing s. 364.337, F.S., relating to
90competitive local exchange companies; amending s.
91364.3375, F.S., relating to pay telephone service
92providers; requiring pay telephone providers to obtain a
93certificate of authority from the commission; repealing
94ss. 364.3376, 364.3381, 364.3382, 364.339, 364.345, and
95364.37, F.S., relating to operator services, cross-
96subsidization, cost disclosures, certificates for
97territories served, shared tenant services, and powers of
98the commission relating to service territories,
99respectively; amending s. 364.385, F.S.; removing obsolete
100provisions relating to saving clauses; amending s.
101364.386, F.S.; revising the content to be included in the
102report to be filed with the Legislature; repealing ss.
103364.501, 364.503, 364.506, 364.507, 364.508, 364.515,
104364.516, 364.601, 364.602, 364.603, and 364.604, F.S.,
105relating to the prevention of damages to underground
106telecommunication facilities, mergers or acquisitions, a
107short title for education facilities, legislative intent
108for advanced telecommunication services to eligible
109facilities, definitions, infrastructure investments,
110penalties for failing to provide advanced
111telecommunication services, the short title for
112telecommunication consumer protections, definitions, the
113methodology for protecting consumers for changing
114telecommunication providers, and billing procedures to
115inform and protect the consumer, respectively; amending
116ss. 196.012, 199.183, 212.08, 290.007, 350.0605, 364.105,
117364.32, and 489.103, F.S.; revising cross-references to
118conform to changes made by the act; providing an effective
119date.
120
121Be It Enacted by the Legislature of the State of Florida:
122
123     Section 1.  This act may be cited as the "Regulatory Reform
124Act."
125     Section 2.  Section 364.01, Florida Statutes, is amended to
126read:
127     364.01  Powers of commission, legislative intent.-
128     (1)  The Florida Public Service Commission shall exercise
129over and in relation to telecommunications companies the powers
130conferred by this chapter.
131     (2)  It is the legislative intent to give exclusive
132jurisdiction in all matters set forth in this chapter to the
133Florida Public Service Commission in regulating
134telecommunications companies, and such preemption shall
135supersede any local or special act or municipal charter where
136any conflict of authority may exist. However, the provisions of
137this chapter does shall not affect the authority and powers
138granted in s. 166.231(9) or s. 337.401.
139     (3)  Communications activities that are not regulated by
140the Florida Public Service Commission, including, but not
141limited to, VoIP, wireless, and broadband, are subject to this
142state's generally applicable business regulation and deceptive
143trade practices and consumer protection laws, as enforced by the
144appropriate state authority or through actions in the judicial
145system. This chapter does not limit the availability to any
146party of any remedy or defense under state or federal antitrust
147laws. The Legislature finds that the competitive provision of
148telecommunications services, including local exchange
149telecommunications service, is in the public interest and has
150provided will provide customers with freedom of choice,
151encouraged encourage the introduction of new telecommunications
152service, encouraged encourage technological innovation, and
153encouraged encourage investment in telecommunications
154infrastructure. The Legislature further finds that the
155transition from the monopoly provision of local exchange service
156to the competitive provision thereof will require appropriate
157regulatory oversight to protect consumers and provide for the
158development of fair and effective competition, but nothing in
159this chapter shall limit the availability to any party of any
160remedy under state or federal antitrust laws. The Legislature
161further finds that changes in regulations allowing increased
162competition in telecommunications services could provide the
163occasion for increases in the telecommunications workforce;
164therefore, it is in the public interest that competition in
165telecommunications services lead to a situation that enhances
166the high-technological skills and the economic status of the
167telecommunications workforce. The Legislature further finds that
168the provision of voice-over-Internet protocol (VoIP) free of
169unnecessary regulation, regardless of the provider, is in the
170public interest.
171     (4)  The commission shall exercise its exclusive
172jurisdiction in order to:
173     (a)  Protect the public health, safety, and welfare by
174ensuring that basic local telecommunications services are
175available to all consumers in the state at reasonable and
176affordable prices.
177     (b)  Encourage competition through flexible regulatory
178treatment among providers of telecommunications services in
179order to ensure the availability of the widest possible range of
180consumer choice in the provision of all telecommunications
181services.
182     (c)  Protect the public health, safety, and welfare by
183ensuring that monopoly services provided by telecommunications
184companies continue to be subject to effective price, rate, and
185service regulation.
186     (d)  Promote competition by encouraging innovation and
187investment in telecommunications markets and by allowing a
188transitional period in which new and emerging technologies are
189subject to a reduced level of regulatory oversight.
190     (e)  Encourage all providers of telecommunications services
191to introduce new or experimental telecommunications services
192free of unnecessary regulatory restraints.
193     (f)  Eliminate any rules or regulations which will delay or
194impair the transition to competition.
195     (g)  Ensure that all providers of telecommunications
196services are treated fairly, by preventing anticompetitive
197behavior and eliminating unnecessary regulatory restraint.
198     (h)  Recognize the continuing emergence of a competitive
199telecommunications environment through the flexible regulatory
200treatment of competitive telecommunications services, where
201appropriate, if doing so does not reduce the availability of
202adequate basic local telecommunications service to all citizens
203of the state at reasonable and affordable prices, if competitive
204telecommunications services are not subsidized by monopoly
205telecommunications services, and if all monopoly services are
206available to all competitors on a nondiscriminatory basis.
207     (i)  Continue its historical role as a surrogate for
208competition for monopoly services provided by local exchange
209telecommunications companies.
210     Section 3.  Section 364.011, Florida Statutes, is amended
211to read:
212     364.011  Exemptions from commission jurisdiction.-The
213following services are exempt from oversight by the commission,
214except to the extent delineated in this chapter or specifically
215authorized by federal law:
216     (1)  Intrastate interexchange telecommunications services.
217     (2)  Broadband services, regardless of the provider,
218platform, or protocol.
219     (3)  VoIP.
220     (4)  Wireless telecommunications, including commercial
221mobile radio service providers.
222     (5)  Basic service.
223     (6)  Nonbasic services.
224     Section 4.  Subsection (2) of section 364.012, Florida
225Statutes, is amended to read:
226     364.012  Consistency with federal law.-
227     (2)  This chapter does not limit or modify the duties of a
228local exchange telecommunications company carrier to provide
229unbundled access to network elements or the commission's
230authority to arbitrate and enforce interconnection agreements to
231the extent that those elements are required under 47 U.S.C. ss.
232251 and 252, and under any regulations issued by the Federal
233Communications Commission at rates determined in accordance with
234the standards established by the Federal Communications
235Commission pursuant to 47 C.F.R. ss. 51.503-51.513, inclusive of
236any successor regulation or successor forbearance of regulation.
237     Section 5.  Section 364.0135, Florida Statutes, is amended
238to read:
239     364.0135  Promotion of broadband adoption deployment.-
240     (1)  The Legislature finds that the sustainable adoption of
241broadband Internet service is critical to the economic and
242business development of the state and is beneficial for
243libraries, schools, colleges and universities, health care
244providers, and community organizations. The term "sustainable
245adoption" means the ability for communications service providers
246to offer broadband services in all areas of the state by
247encouraging adoption and utilization levels that allow for these
248services to be offered in the free market absent the need for
249governmental subsidy. The Legislature further finds that
250barriers exist to the statewide deployment of broadband Internet
251service, especially in rural, unserved, or underserved
252communities. The Legislature therefore intends to promote the
253efficient and effective deployment of broadband Internet service
254throughout the state through a coordinated statewide effort.
255     (2)  The Department of Management Services is authorized to
256work collaboratively with, and to receive staffing support and
257other resources from, Enterprise Florida, Inc., state agencies,
258local governments, private businesses, and community
259organizations to:
260     (a)  Monitor the adoption of Conduct a needs assessment of
261broadband Internet service in collaboration with communications
262service providers, including, but not limited to, wireless and
263wireline Internet service providers, to develop geographical
264information system maps at the census tract level that will:
265     1.  Identify geographic gaps in broadband services,
266including areas unserved by any broadband provider and areas
267served by a single broadband provider;
268     2.  Identify the download and upload transmission speeds
269made available to businesses and individuals in the state, at
270the census tract level of detail, using data rate benchmarks for
271broadband service used by the Federal Communications Commission
272to reflect different speed tiers; and
273     3.  Provide a baseline assessment of statewide broadband
274deployment in terms of percentage of households with broadband
275availability.
276     (b)  Create a strategic plan that has goals and strategies
277for increasing the use of broadband Internet service in the
278state.
279     (c)  Build and facilitate local technology planning teams
280or partnerships with members representing cross-sections of the
281community, which may include, but are not limited to,
282representatives from the following organizations and industries:
283libraries, K-12 education, colleges and universities, local
284health care providers, private businesses, community
285organizations, economic development organizations, local
286governments, tourism, parks and recreation, and agriculture.
287     (d)  Encourage the use of broadband Internet service,
288especially in the rural, unserved, and underserved communities
289of the state through grant programs having effective strategies
290to facilitate the statewide deployment of broadband Internet
291service. For any grants to be awarded, priority must be given to
292projects that:
293     1.  Provide access to broadband education, awareness,
294training, access, equipment, and support to libraries, schools,
295colleges and universities, health care providers, and community
296support organizations.
297     2.  Encourage the sustainable adoption of broadband in
298primarily unserved areas by removing barriers to entry, such as
299unreasonably high pole-attachment rates investments in primarily
300unserved areas to give consumers a choice of more than one
301broadband Internet service provider.
302     3.  Work toward encouraging investments in establishing
303affordable and sustainable broadband Internet service in
304unserved areas of the state.
305     4.  Facilitate the development of applications, programs,
306and services, including, but not limited to, telework,
307telemedicine, and e-learning to increase the usage of, and
308demand for, broadband Internet service in the state.
309     (3)  The department may apply for and accept federal funds
310for purposes of this section, as well as gifts and donations
311from individuals, foundations, and private organizations.
312     (4)  The department may is authorized to enter into
313contracts necessary or useful to carry out the purposes of this
314section.
315     (5)  The department may is authorized to establish any
316committee or workgroup to administer and carry out the purposes
317of this section.
318     (6)  The department may is authorized to adopt rules
319necessary to carry out the purposes of this section. Any rule,
320contract, grant, or other activity undertaken by the department
321shall ensure that all entities are in compliance with any
322applicable federal or state laws, rules, and regulations,
323including, but not limited to, those applicable to private
324entities providing communications services for hire and the
325requirements of s. 350.81, including, without limitation, the
326authority to establish definitions of terms pertinent to this
327section.
328     Section 6.  Section 364.015, Florida Statutes, is repealed.
329     Section 7.  Section 364.016, Florida Statutes, is amended
330to read:
331     364.016  Travel costs.-The commission has the authority to
332assess a telecommunications company for reasonable travel costs
333associated with reviewing the records of the telecommunications
334company and its affiliates when such records are kept out of
335state. The telecommunications company may bring the records back
336into the state for review.
337     Section 8.  Section 364.02, Florida Statutes, is amended to
338read:
339     364.02  Definitions.-As used in this chapter, the term:
340     (1)  "Basic local telecommunications service" means voice-
341grade, single-line, flat-rate residential local exchange service
342that provides dial tone, local usage necessary to place
343unlimited calls within a local exchange area, dual tone
344multifrequency dialing, and access to the following: emergency
345services such as "911," all locally available interexchange
346companies, directory assistance, operator services, and relay
347services, and an alphabetical directory listing. For a local
348exchange telecommunications company, the term includes any
349extended area service routes, and extended calling service in
350existence or ordered by the commission on or before July 1,
3511995.
352     (2)  "Broadband service" means any service that consists of
353or includes the offering of the capability to transmit or
354receive information at a rate that is not less than 200 kilobits
355per second and either:
356     (a)  Is used to provide access to the Internet; or
357     (b)  Provides computer processing, information storage,
358information content, or protocol conversion in combination with
359the service.
360
361The definition of broadband service does not include any
362intrastate telecommunications services that have been tariffed
363with the commission on or before January 1, 2005.
364     (3)  "Commercial mobile radio service provider" means a
365commercial mobile radio service provider as defined by and
366pursuant to 47 U.S.C. ss. 153(27) and 332(d).
367     (4)  "Commission" means the Florida Public Service
368Commission.
369     (5)  "Competitive local exchange telecommunications
370company" means any company certificated by the commission to
371provide local exchange telecommunications services in this state
372on or after July 1, 1995.
373     (6)  "Corporation" includes a corporation, company,
374association, or joint stock association.
375     (7)  "Intrastate interexchange telecommunications company"
376means any entity that provides intrastate interexchange
377telecommunications services.
378     (8)  "Local exchange telecommunications company" means any
379company certificated by the commission to provide local exchange
380telecommunications service in this state on or before June 30,
3811995.
382     (9)  "Monopoly service" means a telecommunications service
383for which there is no effective competition, either in fact or
384by operation of law.
385     (9)(10)  "Nonbasic service" means any telecommunications
386service provided by a local exchange telecommunications company
387other than a basic local telecommunications service, a local
388interconnection, resale, or unbundling pursuant to arrangement
389described in s. 364.16, or a network access service described in
390s. 364.163. Any combination of basic service along with a
391nonbasic service or an unregulated service is nonbasic service.
392     (10)(11)  "Operator service" includes, but is not limited
393to, billing or completion of third-party, person-to-person,
394collect, or calling card or credit card calls through the use of
395a live operator or automated equipment.
396     (11)(12)  "Operator service provider" means a person who
397furnishes operator service through a call aggregator.
398     (12)(13)  "Service" is to be construed in its broadest and
399most inclusive sense. The term "service" does not include
400broadband service or voice-over-Internet protocol service for
401purposes of regulation by the commission. Nothing herein shall
402affect the rights and obligations of any entity related to the
403payment of switched network access rates or other intercarrier
404compensation, if any, related to voice-over-Internet protocol
405service. Notwithstanding s. 364.013, and the exemption of
406services pursuant to this subsection, the commission may
407arbitrate, enforce, or approve interconnection agreements, and
408resolve disputes as provided by 47 U.S.C. ss. 251 and 252, or
409any other applicable federal law or regulation. With respect to
410the services exempted in this subsection, regardless of the
411technology, the duties of a local exchange telecommunications
412company are only those that the company is obligated to extend
413or provide under applicable federal law and regulations.
414     (13)(14)  "Telecommunications company" includes every
415corporation, partnership, and person and their lessees,
416trustees, or receivers appointed by any court whatsoever, and
417every political subdivision in the state, offering two-way
418telecommunications service to the public for hire within this
419state by the use of a telecommunications facility. The term
420"telecommunications company" does not include:
421     (a)  An entity that provides a telecommunications facility
422exclusively to a certificated telecommunications company;
423     (b)  An entity that provides a telecommunications facility
424exclusively to a company which is excluded from the definition
425of a telecommunications company under this subsection;
426     (c)  A commercial mobile radio service provider;
427     (d)  A facsimile transmission service;
428     (e)  A private computer data network company not offering
429service to the public for hire;
430     (f)  A cable television company providing cable service as
431defined in 47 U.S.C. s. 522; or
432     (g)  An intrastate interexchange telecommunications
433company; or
434     (h)  An operator service provider.
435
436However, each commercial mobile radio service provider and each
437intrastate interexchange telecommunications company shall
438continue to be liable for any taxes imposed under chapters 202,
439203, and 212 and any fees assessed under s. 364.025. Each
440intrastate interexchange telecommunications company shall
441continue to be subject to s. ss. 364.04, 364.10(3)(a) and (d),
442364.163, 364.285, 364.336, 364.501, 364.603, and 364.604, shall
443provide the commission with the current information as the
444commission deems necessary to contact and communicate with the
445company, and shall continue to pay intrastate switched network
446access rates or other intercarrier compensation to the local
447exchange telecommunications company or the competitive local
448exchange telecommunications company for the origination and
449termination of interexchange telecommunications service.
450     (14)(15)  "Telecommunications facility" includes real
451estate, easements, apparatus, property, and routes used and
452operated to provide two-way telecommunications service to the
453public for hire within this state.
454     (15)(16)  "VoIP" means any service that:
455     (a)  Enables real-time, two-way voice communications that
456originate from or terminate to the user's location in Internet
457Protocol or any successor protocol;
458     (b)  Uses a broadband connection from the user's location;
459and
460     (c)  Permits users generally to receive calls that
461originate on the public switched telephone network and to
462terminate calls to the public switched telephone network the
463voice-over-Internet protocol as that term is defined in federal
464law.
465     Section 9.  Section 364.025, Florida Statutes, is repealed.
466     Section 10.  Section 364.0251, Florida Statutes, is
467repealed.
468     Section 11.  Section 364.0252, Florida Statutes, is
469repealed.
470     Section 12.  Section 364.04, Florida Statutes, is amended
471to read:
472     364.04  Schedules of rates, tolls, rentals, and charges;
473filing; public inspection.-
474     (1)  Every telecommunications company shall publish through
475electronic or physical media schedules showing the rates, tolls,
476rentals, and charges of that company for service to be offered
477performed within the state. The commission shall have no
478jurisdiction over the content or form or format of such
479published schedules. A telecommunications company may, as an
480option, file the published schedules with the commission or
481publish its schedules through other reasonably publicly
482accessible means, including on a website. A telecommunications
483company that does not file its schedules with the commission
484shall inform its customers where a customer may view the
485telecommunications company's schedules.
486     (2)  This chapter does not prohibit a telecommunications
487company from:
488     (a)  Entering into contracts establishing rates, tolls,
489rentals, and charges that differ from its published schedules or
490offering services that are not included in its published
491schedules; or
492     (b)  Meeting competitive offerings in a specific geographic
493market or to a specific customer.
494     (3)  This section does not apply to the rates, terms, and
495conditions established pursuant to 47 U.S.C. ss. 251 and 252.
496The schedules shall plainly state the places telecommunications
497service will be rendered and shall also state separately all
498charges and all privileges or facilities granted or allowed and
499any rules or regulations or forms of contract which may in
500anywise change, affect, or determine any of the aggregate of the
501rates, tolls, rentals, or charges for the service rendered.
502     Section 13.  Section 364.051, Florida Statutes, is
503repealed.
504     Section 14.  Section 364.052, Florida Statutes, is
505repealed.
506     Section 15.  Section 364.057, Florida Statutes, is
507repealed.
508     Section 16.  Section 364.058, Florida Statutes, is
509repealed.
510     Section 17.  Section 364.059, Florida Statutes, is
511repealed.
512     Section 18.  Section 364.06, Florida Statutes, is repealed.
513     Section 19.  Section 364.063, Florida Statutes, is
514repealed.
515     Section 20.  Section 364.07, Florida Statutes, is repealed.
516     Section 21.  Section 364.08, Florida Statutes, is repealed.
517     Section 22.  Section 364.10, Florida Statutes, is amended
518to read:
519     364.10  Undue advantage to person or locality prohibited;
520Lifeline service.-
521     (1)  A telecommunications company may not make or give any
522undue or unreasonable preference or advantage to any person or
523locality or subject any particular person or locality to any
524undue or unreasonable prejudice or disadvantage in any respect
525whatsoever.
526     (1)(2)(a)  The prohibitions of subsection (1)
527notwithstanding, An eligible telecommunications carrier shall
528provide a Lifeline Assistance Plan to qualified residential
529subscribers, as defined in the eligible telecommunications
530carrier's published schedules a commission-approved tariff or
531price list, and a preferential rate to eligible facilities as
532provided for in part II. For the purposes of this section, the
533term "eligible telecommunications carrier" means a
534telecommunications company, as defined by s. 364.02, which is
535designated as an eligible telecommunications carrier by the
536commission pursuant to 47 C.F.R. s. 54.201.
537     (b)  An eligible telecommunications carrier shall offer a
538consumer who applies for or receives Lifeline service the option
539of blocking all toll calls or, if technically capable, placing a
540limit on the number of toll calls a consumer can make. The
541eligible telecommunications carrier may not charge the consumer
542an administrative charge or other additional fee for blocking
543the service.
544     (c)  An eligible telecommunications carrier may not collect
545a service deposit in order to initiate Lifeline service if the
546qualifying low-income consumer voluntarily elects toll blocking
547or toll limitation. If the qualifying low-income consumer elects
548not to place toll blocking on the line, an eligible
549telecommunications carrier may charge a service deposit.
550     (d)  An eligible telecommunications carrier may not charge
551Lifeline subscribers a monthly number-portability charge.
552     (e)1.  An eligible telecommunications carrier must notify a
553Lifeline subscriber of impending termination of Lifeline service
554if the company has a reasonable basis for believing that the
555subscriber no longer qualifies. Notification of pending
556termination must be in the form of a letter that is separate
557from the subscriber's bill.
558     2.  An eligible telecommunications carrier shall allow a
559subscriber 60 days following the date of the pending termination
560letter to demonstrate continued eligibility. The subscriber must
561present proof of continued eligibility. An eligible
562telecommunications carrier may transfer a subscriber off of
563Lifeline service, pursuant to its tariff, if the subscriber
564fails to demonstrate continued eligibility.
565     3.  The commission shall establish procedures for such
566notification and termination.
567     (f)  An eligible telecommunications carrier shall timely
568credit a consumer's bill with the Lifeline Assistance credit as
569soon as practicable, but no later than 60 days following receipt
570of notice of eligibility from the Office of Public Counsel or
571proof of eligibility from the consumer.
572     (2)(3)(a)  Each local exchange telecommunications company
573that has more than 1 million access lines and that is designated
574as an eligible telecommunications carrier shall, and any
575commercial mobile radio service provider designated as an
576eligible telecommunications carrier pursuant to 47 U.S.C. s.
577214(e) may, upon filing a notice of election to do so with the
578commission, provide Lifeline service to any otherwise eligible
579customer or potential customer who meets an income eligibility
580test at 150 percent or less of the federal poverty income
581guidelines for Lifeline customers. Such a test for eligibility
582must augment, rather than replace, the eligibility standards
583established by federal law and based on participation in certain
584low-income assistance programs. Each intrastate interexchange
585telecommunications company shall file or publish a schedule
586providing at a minimum the intrastate interexchange
587telecommunications company's carrier's current Lifeline benefits
588and exemptions to Lifeline customers who meet the income
589eligibility test set forth in this subsection. The Office of
590Public Counsel shall certify and maintain claims submitted by a
591customer for eligibility under the income test authorized by
592this subsection.
593     (b)  Each eligible telecommunications carrier subject to
594this subsection shall provide to each state and federal agency
595providing benefits to persons eligible for Lifeline service
596applications, brochures, pamphlets, or other materials that
597inform the persons of their eligibility for Lifeline, and each
598state agency providing the benefits shall furnish the materials
599to affected persons at the time they apply for benefits.
600     (c)  Any local exchange telecommunications company customer
601receiving Lifeline benefits shall not be subject to any
602residential basic local telecommunications service rate
603increases authorized by s. 364.164 until the local exchange
604telecommunications company reaches parity as defined in s.
605364.164(5) or until the customer no longer qualifies for the
606Lifeline benefits established by this section or s. 364.105, or
607unless otherwise determined by the commission upon petition by a
608local exchange telecommunications company.
609     (c)(d)  An eligible telecommunications carrier may not
610discontinue basic local telecommunications exchange telephone
611service to a subscriber who receives Lifeline service because of
612nonpayment by the subscriber of charges for nonbasic services
613billed by the telecommunications company, including long-
614distance service. A subscriber who receives Lifeline service
615shall pay all applicable basic local telecommunications exchange
616service fees, including the subscriber line charge, E-911,
617telephone relay system charges, and applicable state and federal
618taxes.
619     (d)(e)  An eligible telecommunications carrier may not
620refuse to connect, reconnect, or provide Lifeline service
621because of unpaid toll charges or nonbasic charges other than
622basic local telecommunications exchange service.
623     (e)(f)  An eligible telecommunications carrier may require
624that payment arrangements be made for outstanding debt
625associated with basic local telecommunications exchange service,
626subscriber line charges, E-911, telephone relay system charges,
627and applicable state and federal taxes.
628     (f)(g)  An eligible telecommunications carrier may block a
629Lifeline service subscriber's access to all long-distance
630service, except for toll-free numbers, and may block the ability
631to accept collect calls when the subscriber owes an outstanding
632amount for long-distance service or amounts resulting from
633collect calls. However, the eligible telecommunications carrier
634may not impose a charge for blocking long-distance service. The
635eligible telecommunications carrier shall remove the block at
636the request of the subscriber without additional cost to the
637subscriber upon payment of the outstanding amount. An eligible
638telecommunications carrier may charge a service deposit before
639removing the block.
640     (g)(h)1.  By December 31, 2010, each state agency that
641provides benefits to persons eligible for Lifeline service shall
642undertake, in cooperation with the Department of Children and
643Family Services, the Department of Education, the commission,
644the Office of Public Counsel, and telecommunications companies
645designated eligible telecommunications carriers providing
646Lifeline services, the development of procedures to promote
647Lifeline participation. The departments, the commission, and the
648Office of Public Counsel may exchange sufficient information
649with the appropriate eligible telecommunications carriers and
650any commercial mobile radio service provider electing to provide
651Lifeline service under paragraph (a), such as a person's name,
652date of birth, service address, and telephone number, so that
653the carriers can identify and enroll an eligible person in the
654Lifeline and Link-Up programs. The information remains
655confidential pursuant to s. 364.107 and may only be used for
656purposes of determining eligibility and enrollment in the
657Lifeline and Link-Up programs.
658     2.  If any state agency determines that a person is
659eligible for Lifeline services, the agency shall immediately
660forward the information to the commission to ensure that the
661person is automatically enrolled in the program with the
662appropriate eligible telecommunications carrier. The state
663agency shall include an option for an eligible customer to
664choose not to subscribe to the Lifeline service. The Public
665Service Commission and the Department of Children and Family
666Services shall, no later than December 31, 2007, adopt rules
667creating procedures to automatically enroll eligible customers
668in Lifeline service.
669     3.  By December 31, 2010, the commission, the Department of
670Children and Family Services, the Office of Public Counsel, and
671each eligible telecommunications carrier offering Lifeline and
672Link-Up services shall convene a Lifeline Workgroup to discuss
673how the eligible subscriber information in subparagraph 1. will
674be shared, the obligations of each party with respect to the use
675of that information, and the procedures to be implemented to
676increase enrollment and verify eligibility in these programs.
677     (h)(i)  The commission shall report to the Governor, the
678President of the Senate, and the Speaker of the House of
679Representatives by December 31 each year on the number of
680customers who are subscribing to Lifeline service and the
681effectiveness of any procedures to promote participation.
682     (i)(j)  The commission shall adopt rules to administer this
683section.
684     Section 23.  Section 364.15, Florida Statutes, is repealed.
685     Section 24.  Section 364.16, Florida Statutes, is amended
686to read:
687     364.16  Connection of lines and transfers; Local
688interconnection, unbundling, and resale; telephone number
689portability.-
690     (1)  The Legislature finds that the competitive provision
691of local exchange service requires appropriate regulatory
692oversight of carrier-to-carrier relationships to provide for the
693development of fair and effective competition.
694     (2)  It is the intent of the Legislature that in resolving
695disputes, the commission shall treat all providers of
696telecommunications services fairly by preventing anticompetitive
697behavior.
698     (3)  The commission shall, upon request, arbitrate and
699enforce interconnection agreements pursuant to 47 U.S.C. ss. 251
700and 252 and the Federal Communications Commission's orders and
701regulations implementing those sections. The commission has the
702authority to resolve disputes among carriers concerning
703violations of this chapter and under the authority conferred by
704federal law to resolve such disputes, including, but not limited
705to, federal law addressing resale of services, number
706portability, dialing parity, access to rights of way, access to
707poles and conduits, and reciprocal compensation. However, this
708section does not confer jurisdiction on the commission for
709matters that are exempt from commission jurisdiction under ss.
710364.011 and 364.013.
711     (4)  A telecommunications company may not knowingly deliver
712traffic, for which terminating access service charges would
713otherwise apply, through a local interconnection arrangement
714without paying the appropriate charges for such terminating
715access service. Any party having a substantial interest may
716petition the commission for an investigation of any suspected
717violation of this subsection. If any telecommunications company
718knowingly violates this subsection, the commission has
719jurisdiction to arbitrate bona fide complaints arising from the
720requirements of this subsection and shall, upon such complaint,
721have access to all relevant customer records and accounts of any
722telecommunications company.
723     (5)  The commission shall adopt rules to prevent the
724unauthorized changing of a subscriber's telecommunications
725service. Such rules shall be consistent with the
726Telecommunications Act of 1996, provide for specific
727verification methodologies, provide for the notification to
728subscribers of the ability to freeze the subscriber's choice of
729carriers at no charge, allow for a subscriber's change to be
730considered valid if verification was performed consistent with
731commission rules, provide remedies for violations of the rules,
732and allow for the imposition of other penalties available under
733this chapter. The commission shall resolve on an expedited basis
734any complaints of anticompetitive behavior concerning a local
735preferred carrier freeze. The telecommunications company that is
736asserting the existence of a local preferred carrier freeze,
737which is the subject of a complaint, has the burden of proving
738through competent evidence that the subscriber did in fact
739request the freeze.
740     (6)  Upon petition, the commission may conduct a limited or
741expedited proceeding to consider and act upon any matter under
742this section. The commission shall determine the issues to be
743considered during such a proceeding and may grant or deny any
744request to expand the scope of the proceeding to include other
745matters. The commission shall implement an expedited process to
746facilitate the quick resolution of disputes between
747telecommunications companies. The process implemented by the
748commission shall, to the greatest extent feasible, minimize the
749time necessary to reach a decision on a dispute. The commission
750may limit the use of the expedited process based on the number
751of parties, the number of issues, or the complexity of the
752issues. For any proceeding conducted pursuant to the expedited
753process, the commission shall make its determination within 120
754days after a petition is filed or a motion is made. The
755commission shall adopt rules to administer this subsection.
756     (1)  Whenever the commission finds that connections between
757any two or more local exchange telecommunications companies,
758whose lines form a continuous line of communication or could be
759made to do so by the construction and maintenance of suitable
760connections at common points, can reasonably be made and
761efficient service obtained, and that such connections are
762necessary, the commission may require such connections to be
763made, may require that telecommunications services be
764transferred, and may prescribe through lines and joint rates and
765charges to be made, used, observed, and in force in the future
766and fix the rates and charges by order to be served upon the
767company or companies affected.
768     (2)  Each competitive local exchange telecommunications
769company shall provide access to, and interconnection with, its
770telecommunications services to any other provider of local
771exchange telecommunications services requesting such access and
772interconnection at nondiscriminatory prices, terms, and
773conditions. If the parties are unable to negotiate mutually
774acceptable prices, terms, and conditions after 60 days, either
775party may petition the commission and the commission shall have
776120 days to make a determination after proceeding as required by
777s. 364.162(2) pertaining to interconnection services.
778     (3)  Each local exchange telecommunications company shall
779provide access to, and interconnection with, its
780telecommunications facilities to any other provider of local
781exchange telecommunications services requesting such access and
782interconnection at nondiscriminatory prices, rates, terms, and
783conditions established by the procedures set forth in s.
784364.162.
785     (a)  No local exchange telecommunications company or
786competitive local exchange telecommunications company shall
787knowingly deliver traffic, for which terminating access service
788charges would otherwise apply, through a local interconnection
789arrangement without paying the appropriate charges for such
790terminating access service.
791     (b)  Any party with a substantial interest may petition the
792commission for an investigation of any suspected violation of
793paragraph (a). In the event any certificated local exchange
794service provider knowingly violates paragraph (a), the
795commission shall have jurisdiction to arbitrate bona fide
796complaints arising from the requirements of this subsection and
797shall, upon such complaint, have access to all relevant customer
798records and accounts of any telecommunications company.
799     (7)(4)  In order to ensure assure that consumers have
800access to different local exchange service providers without
801being disadvantaged, deterred, or inconvenienced by having to
802give up the consumer's existing local telephone number, the
803commission shall ensure that all providers of local exchange
804services must have access to local telephone numbering resources
805and assignments on equitable terms that include a recognition of
806the scarcity of such resources and are in accordance with
807national assignment guidelines. Each local exchange provider,
808except small local exchange telecommunications companies under
809rate of return regulation, shall provide a temporary means of
810achieving telephone number portability. The parties, under the
811direction of the commission, shall set up a number portability
812standards group by no later than September 1, 1995, for the
813purposes of investigation and development of appropriate
814parameters, costs, and standards for number portability. If the
815parties are unable to successfully negotiate the prices, terms,
816and conditions of a temporary number portability solution, the
817commission shall establish a temporary number portability
818solution by no later than January 1, 1996. Each local exchange
819service provider shall make necessary modifications to allow
820permanent portability of local telephone numbers between
821certificated providers of local exchange service as soon as
822reasonably possible after the development of national standards.
823The parties shall negotiate the prices, terms, and conditions
824for permanent telephone number portability arrangements. In the
825event the parties are unable to satisfactorily negotiate the
826prices, terms, and conditions, either party may petition the
827commission and the commission shall, after opportunity for a
828hearing, set the rates, terms, and conditions. The prices and
829rates shall not be below cost. Number portability between
830different certificated providers of local exchange service at
831the same location shall be provided temporarily no later than
832January 1, 1996.
833     (8)(5)  When requested, each certificated
834telecommunications company shall provide access to any poles,
835conduits, rights-of-way, and like facilities that it owns or
836controls to any local exchange telecommunications company or
837competitive local exchange telecommunications company pursuant
838to reasonable rates and conditions mutually agreed to which do
839not discriminate between similarly situated companies.
840     Section 25.  Section 364.161, Florida Statutes, is
841repealed.
842     Section 26.  Section 364.162, Florida Statutes, is
843repealed.
844     Section 27.  Section 364.163, Florida Statutes, is amended
845to read:
846     364.163  Network access services.-For purposes of this
847section, the term "network access service" is defined as any
848service provided by a local exchange telecommunications company
849to a telecommunications company certificated under this chapter
850or licensed by the Federal Communications Commission to access
851the local exchange telecommunications network, excluding the
852local interconnection, resale, or unbundling pursuant to
853arrangements in s. 364.16 and the resale arrangements in s.
854364.161. Each local exchange telecommunications company subject
855to s. 364.051 shall maintain tariffs with the commission
856containing the terms, conditions, and rates for each of its
857network access services. The switched network access service
858rates in effect immediately prior to July 1, 2007, shall be, and
859shall remain, capped at that level until July 1, 2010. An
860interexchange telecommunications company may not institute any
861intrastate connection fee or any similarly named fee.
862     Section 28.  Section 364.183, Florida Statutes, is amended
863to read:
864     364.183  Access to company records.-
865     (1)  The commission shall have access to all records of a
866telecommunications company which that are reasonably necessary
867for the disposition of matters within the commission's
868jurisdiction. The commission shall also have access to those
869records of a local exchange telecommunications company's
870affiliated companies, including its parent company, that are
871reasonably necessary for the disposition of any matter
872concerning an affiliated transaction or a claim of
873anticompetitive behavior including claims of cross-subsidization
874and predatory pricing. The commission may require a
875telecommunications company to file records, reports or other
876data directly related to matters within the commission's
877jurisdiction in the form specified by the commission and may
878require such company to retain such information for a designated
879period of time. Upon request of the company or other person, any
880records received by the commission which are claimed by the
881company or other person to be proprietary confidential business
882information shall be kept confidential and shall be exempt from
883s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
884     (2)  Discovery in any docket or proceeding before the
885commission shall be in the manner provided for in Rule 1.280 of
886the Florida Rules of Civil Procedure. Upon a showing by a
887company or other person and a finding by the commission that
888discovery will require the disclosure of proprietary
889confidential business information, the commission shall issue an
890appropriate protective order designating the manner for handling
891such information during the course of the proceeding and for
892protecting such information from disclosure outside the
893proceeding. Such proprietary confidential business information
894shall be exempt from s. 119.07(1). Any records provided pursuant
895to a discovery request for which proprietary confidential
896business information status is requested shall be treated by the
897commission and the Office of the Public Counsel and any other
898party subject to the public records law as confidential and
899shall be exempt from s. 119.07(1), pending a formal ruling on
900such request by the commission or the return of the records to
901the person providing the records. Any record which has been
902determined to be proprietary confidential business information
903and is not entered into the official record of the proceeding
904shall be returned to the person providing the record within 60
905days after the final order, unless the final order is appealed.
906If the final order is appealed, any such record shall be
907returned within 30 days after the decision on appeal. The
908commission shall adopt the necessary rules to implement this
909subsection.
910     (3)  The term "proprietary confidential business
911information" means information, regardless of form or
912characteristics, which is owned or controlled by the person or
913company, is intended to be and is treated by the person or
914company as private in that the disclosure of the information
915would cause harm to the ratepayers or the person's or company's
916business operations, and has not been disclosed unless disclosed
917pursuant to a statutory provision, an order of a court or
918administrative body, or private agreement that provides that the
919information will not be released to the public. The term
920includes, but is not limited to:
921     (a)  Trade secrets.
922     (b)  Internal auditing controls and reports of internal
923auditors.
924     (c)  Security measures, systems, or procedures.
925     (d)  Information concerning bids or other contractual data,
926the disclosure of which would impair the efforts of the company
927or its affiliates to contract for goods or services on favorable
928terms.
929     (e)  Information relating to competitive interests, the
930disclosure of which would impair the competitive business of the
931provider of information.
932     (f)  Employee personnel information unrelated to
933compensation, duties, qualifications, or responsibilities.
934     (4)  Any finding by the commission that a record contains
935proprietary confidential business information is effective for a
936period set by the commission not to exceed 18 months, unless the
937commission finds, for good cause, that the protection from
938disclosure shall be for a specified longer period. The
939commission shall order the return of a record containing
940proprietary confidential business information when such record
941is no longer necessary for the commission to conduct its
942business. At that time, the commission shall order any other
943person holding such record to return it to the person providing
944the record. Any record containing proprietary confidential
945business information which has not been returned at the
946conclusion of the period set pursuant to this subsection shall
947no longer be exempt from s. 119.07(1) unless the
948telecommunications company or affected person shows, and the
949commission finds, that the record continues to contain
950proprietary confidential business information. Upon such
951finding, the commission may extend the period for confidential
952treatment for a period not to exceed 18 months unless the
953commission finds, for good cause, that the protection from
954disclosure shall be for a specified longer period. During
955commission consideration of an extension, the record in question
956remains exempt from s. 119.07(1). The commission shall adopt
957rules to implement this subsection, which shall include notice
958to the telecommunications company or affected person regarding
959the expiration of confidential treatment.
960     Section 29.  Section 364.185, Florida Statutes, is
961repealed.
962     Section 30.  Section 364.19, Florida Statutes, is repealed.
963     Section 31.  Section 364.27, Florida Statutes, is repealed.
964     Section 32.  Section 364.33, Florida Statutes, is amended
965to read:
966     364.33  Certificate of necessity or authority prerequisite
967to construction, operation, or control of telecommunications
968facilities.-Except for a transfer of a certificate of necessity
969from one person to another or to the parent or affiliate of a
970certificated person as provided in this section, A person may
971not provide begin the construction or operation of any
972telecommunications services to the public without a certificate
973of necessity or a certificate of authority. After July 1, 2011,
974the commission shall cease to issue certificates of necessity,
975but existing certificates of necessity remain valid. A
976certificate of necessity or authority may be transferred to the
977holder's parent company or an affiliate or another person
978holding a certificate of necessity or authority, its parent
979company, or an affiliate without prior approval of the
980commission by giving written notice of the transfer to the
981commission within 60 days after the completion of the transfer.
982The transferee assumes the rights and obligations conferred by
983the certificate. This section does not affect any obligation of
984the transferee pursuant to 47 U.S.C. ss. 251 and 252 and the
985Federal Communications Commission's orders and regulations
986implementing those sections. facility, or any extension thereof
987for the purpose of providing telecommunications services to the
988public, or acquire ownership or control thereof, in whatever
989manner, including the acquisition, transfer, or assignment of
990majority organizational control or controlling stock ownership,
991without prior approval. A certificate of necessity or control
992thereof may be transferred from a person holding a certificate,
993its parent or an affiliate to another person holding a
994certificate, its parent or an affiliate, and a person holding a
995certificate, its parent or an affiliate may acquire ownership or
996control of a telecommunications facility through the
997acquisition, transfer, or assignment of majority organizational
998control or controlling stock ownership of a person holding a
999certificate without prior approval of the commission by giving
100060 days' written notice of the transfer or change of control to
1001the commission and affected customers. This section does not
1002require approval by the commission prior to the construction,
1003operation, or extension of a facility by a certificated company
1004within its certificated area nor in any way limit the
1005commission's ability to review the prudence of such construction
1006programs for ratemaking as provided under this chapter.
1007     Section 33.  Section 364.335, Florida Statutes, is amended
1008to read:
1009     364.335  Application for certificate of authority.-
1010     (1)  Each applicant for a certificate of authority shall:
1011     (a)  Provide the following information:
1012     1.  The applicant's official name and, if different, any
1013name under which the applicant will do business.
1014     2.  The street address of the principal place of business
1015of the applicant.
1016     3.  The federal employer identification number or the
1017Department of State's document number.
1018     4.  The name, address, and telephone number of an officer,
1019partner, owner, member, or manager as a contact person for the
1020applicant to whom questions or concerns may be addressed.
1021     5.  Information demonstrating the applicant's managerial,
1022technical, and financial ability to provide telecommunications
1023service, including an attestation to the accuracy of the
1024information provided. provide all information required by rule
1025or order of the commission, which may include a detailed inquiry
1026into the ability of the applicant to provide service, a detailed
1027inquiry into the territory and facilities involved, and a
1028detailed inquiry into the existence of service from other
1029sources within geographical proximity to the territory applied
1030for.
1031     (b)  File with the commission schedules showing all rates
1032for service of every kind furnished by it and all rules and
1033contracts relating to such service.
1034     (b)(c)  File the application fee required by the commission
1035in an amount not to exceed $500. Such fees shall be deposited in
1036accordance with s. 350.113.
1037     (d)  Submit an affidavit that the applicant has caused
1038notice of its application to be given to such persons and in
1039such manner as may be prescribed by commission rule.
1040     (2)  The commission shall grant a certificate of authority
1041to provide telecommunications service upon a showing that the
1042applicant has sufficient technical, financial, and managerial
1043capability to provide such service in the geographic area
1044proposed to be served. The applicant shall ensure continued
1045compliance with applicable business formation, registration, and
1046taxation provisions of law. If the commission grants the
1047requested certificate, any person who would be substantially
1048affected by the requested certification may, within 21 days
1049after the granting of such certificate, file a written objection
1050requesting a proceeding pursuant to ss. 120.569 and 120.57. The
1051commission may, on its own motion, institute a proceeding under
1052ss. 120.569 and 120.57 to determine whether the grant of such
1053certificate is in the public interest. The commission shall
1054order such proceeding conducted in or near the territory applied
1055for, if feasible. If any person requests a public hearing on the
1056application, such hearing shall, if feasible, be held in or near
1057the territory applied for, and the transcript of the public
1058hearing and any material submitted at or prior to the hearing
1059shall be considered part of the record of the application and
1060any proceeding related to the application.
1061     (3)  A certificate of authority may be terminated by the
1062telecommunications company by submitting notice to the
1063commission. The commission may grant a certificate, in whole or
1064in part or with modifications in the public interest, but in no
1065event granting authority greater than that requested in the
1066application or amendments thereto and noticed under subsection
1067(1); or it may deny a certificate. The commission may grant
1068certificates for proposed telecommunications companies, or for
1069the extension of an existing telecommunications company, without
1070regard to whether such companies will be in competition with or
1071duplicate the local exchange services provided by any other
1072telecommunications company. The commission may also grant a
1073certificate for a proposed telecommunications company, or for
1074the extension of an existing telecommunications company, which
1075will be providing either competitive or duplicative pay
1076telephone service pursuant to the provisions of s. 364.3375, or
1077private line service by a certified alternative access vendor
1078pursuant to s. 364.337(6). Pay telephone service shall include
1079that telephone service using telephones that are capable of
1080accepting payment by specie, paper money, or credit cards.
1081     (4)  Except as provided in s. 364.33, revocation,
1082suspension, transfer, or amendment of a certificate shall be
1083subject to the provisions of this section; except that, when the
1084commission initiates the action, the commission shall furnish
1085notice to the appropriate local government and to the Public
1086Counsel.
1087     Section 34.  Section 364.337, Florida Statutes, is
1088repealed.
1089     Section 35.  Section 364.3375, Florida Statutes, is amended
1090to read:
1091     364.3375  Pay telephone service providers.-
1092     (1)(a)  A No person may not shall provide pay telephone
1093service without first obtaining from the commission a
1094certificate of authority or necessity public convenience and
1095necessity to provide such service, except that the certification
1096provisions of this subsection do not apply to a local exchange
1097telecommunications company providing pay telephone service.
1098     (b)  In granting such certificate the commission, if it
1099finds that the action is consistent with the public interest,
1100may exempt a pay telephone provider from some or all of the
1101requirements of this chapter. However, the commission may exempt
1102a pay telephone provider from this section only to prevent fraud
1103or if it finds the exemption to be in the public interest.
1104     (c)  A certificate authorizes the pay telephone provider to
1105provide services statewide and to provide access to both local
1106and intrastate interexchange pay telephone service, except that
1107the commission may limit the type of calls that can be handled.
1108     (2)  Each pay telephone station shall:
1109     (a)  Receive and permit coin-free access to the universal
1110emergency telephone number "911" where operable or to a local
1111exchange company toll operator.
1112     (b)  Receive and provide coin-free or coin-return access to
1113local directory assistance and the telephone number of the
1114person responsible for repair service.
1115     (c)  Designate a party responsible for processing refunds
1116to customers.
1117     (d)  Be equipped with a legible sign, card, or plate of
1118reasonable permanence which provides information determined by
1119the commission, by rule, to adequately inform the end user.
1120     (e)  Be eligible to subscribe to flat-rate, single-line
1121business local exchange services.
1122     (3)  Each pay telephone station which provides access to
1123any interexchange telecommunications company shall provide
1124access to all locally available interexchange telecommunications
1125companies and shall provide for the completion of international
1126telephone calls under terms and conditions as determined by the
1127commission. The commission may grant limited waivers of this
1128provision to pay telephone companies or operator service
1129providers to prevent fraud or as otherwise determined in the
1130public interest.
1131     (4)  A pay telephone provider may charge, as a maximum rate
1132for local coin calls, a rate equivalent to the local coin rate
1133of the local exchange telecommunications company.
1134     (5)  A pay telephone provider shall not obtain services
1135from an operator service provider unless such operator service
1136provider has obtained a certificate of public convenience and
1137necessity from the commission pursuant to the provisions of s.
1138364.3376.
1139     Section 36.  Section 364.3376, Florida Statutes, is
1140repealed.
1141     Section 37.  Section 364.3381, Florida Statutes, is
1142repealed.
1143     Section 38.  Section 364.3382, Florida Statutes, is
1144repealed.
1145     Section 39.  Section 364.339, Florida Statutes, is
1146repealed.
1147     Section 40.  Section 364.345, Florida Statutes, is
1148repealed.
1149     Section 41.  Section 364.37, Florida Statutes, is repealed.
1150     Section 42.  Section 364.385, Florida Statutes, is amended
1151to read:
1152     364.385  Saving clauses.-
1153     (1)  This act does not invalidate any certificate or cause
1154to be unlawful any rate which has been previously approved and
1155which is lawfully being charged and collected immediately prior
1156to July 1, 1995. However, such rate may not be changed, and a
1157certificate may not be modified, suspended, or revoked, on or
1158after July 1, 1995, except in accordance with the provisions of
1159this act.
1160     (2)  All applications for extended area service, routes, or
1161extended calling service pending before the commission on March
11621, 1995, shall be governed by the law as it existed prior to
1163July 1, 1995. Upon the approval of the application, the extended
1164area service, routes, or extended calling service shall be
1165considered basic services and shall be regulated as provided in
1166s. 364.051. Proceedings including judicial review pending on
1167July 1, 1995, shall be governed by the law as it existed prior
1168to the date on which this section becomes a law. No new
1169proceedings governed by the law as it existed prior to July 1,
11701995, shall be initiated after July 1, 1995. Any administrative
1171adjudicatory proceeding which has not progressed to the stage of
1172a hearing by July 1, 1995, may, with the consent of all parties
1173and the commission, be conducted in accordance with the law as
1174it existed prior to January 1, 1996.
1175     (3)  Florida Public Service Commission Order No. PSC 94-
11760172-FOF-TL shall remain in effect, and BellSouth
1177Telecommunications, Inc., shall fully comply with that order
1178unless modified by the Florida Public Service Commission
1179pursuant to the terms of that order. The order may not be
1180modified to extend beyond December 31, 1997, except that the
1181Florida Public Service Commission shall retain jurisdiction and
1182all parties shall retain their rights under the agreement after
1183December 31, 1997, solely for the purpose of effectuating the
1184provisions of the order applicable to periods prior to January
11851, 1998. The depreciation rates approved by the Florida Public
1186Service Commission and in effect as of December 31, 1994, shall
1187be used to calculate the earnings available for sharing for
1188periods prior to January 1, 1998.
1189     (4)  The rates and charges for basic local
1190telecommunications service and network access service approved
1191by the commission in accordance with the decisions set forth in
1192Order Nos. PSC 03-1469-FOF-TL and PSC 04-0456-FOF-TL, and which
1193are in effect immediately prior to July 1, 2007, shall remain in
1194effect and such rates and charges may not be changed after the
1195effective date of this act, except in accordance with the
1196provisions of s. 364.163 ss. 364.051 and 364.163.
1197     Section 43.  Section 364.386, Florida Statutes, is amended
1198to read:
1199     364.386  Reports to the Legislature.-
1200     (1)(a)  The commission shall submit to the President of the
1201Senate, the Speaker of the House of Representatives, and the
1202majority and minority leaders of the Senate and the House of
1203Representatives, on August 1, 2008, and on an annual basis
1204thereafter, a report on the status of competition in the
1205telecommunications industry and a detailed exposition of the
1206following:
1207     1.  The overall impact of local exchange telecommunications
1208competition on the continued availability of universal service.
1209     1.2.  The ability of competitive providers to make
1210functionally equivalent local exchange services available to
1211both residential and business customers at competitive rates,
1212terms, and conditions.
1213     2.3.  The ability of consumers to obtain functionally
1214equivalent services at comparable rates, terms, and conditions.
1215     3.4.  The overall impact of competition price regulation on
1216the maintenance of reasonably affordable and reliable high-
1217quality telecommunications services.
1218     4.5.  A listing and short description of any carrier
1219disputes filed under s. 364.16. What additional services, if
1220any, should be included in the definition of basic local
1221telecommunications services, taking into account advances in
1222technology and market demand.
1223     6.  Any other information and recommendations which may be
1224in the public interest.
1225     (b)  The commission shall make an annual request to
1226providers of local exchange telecommunications services on or
1227before March 1, 2008, and on or before March 1 of each year
1228thereafter, for the data it requires to complete the report. A
1229provider of local exchange telecommunications services shall
1230file its response with the commission on or before April 15,
12312008, and on or before April 15 of each year thereafter.
1232     (2)  In lieu of The quantitative part of the information
1233requested in the commission's annual data request shall be
1234limited to, a provider of local exchange telecommunications
1235services may file the following:
1236     (a)  a copy of the FCC Form 477 filed by a provider of
1237local exchange telecommunications service with the Federal
1238Communications Commission, which must identify Florida-specific
1239access line data or similar information if an FCC Form 477 is
1240not available.; and
1241     (b)  Provisioned Florida access line data identified by
1242telephone exchange location.
1243     (3)  The Office of Public Counsel is also directed to
1244submit a report on competition in the telecommunications
1245industry and on how the price regulation provisions of s.
1246364.051 have benefited the ratepayers and consumers of this
1247state and any other information and recommendations which may be
1248in the public interest.
1249     Section 44.  Section 364.501, Florida Statutes, is
1250repealed.
1251     Section 45.  Section 364.503, Florida Statutes, is
1252repealed.
1253     Section 46.  Section 364.506, Florida Statutes, is
1254repealed.
1255     Section 47.  Section 364.507, Florida Statutes, is
1256repealed.
1257     Section 48.  Section 364.508, Florida Statutes, is
1258repealed.
1259     Section 49.  Section 364.515, Florida Statutes, is
1260repealed.
1261     Section 50.  Section 364.516, Florida Statutes, is
1262repealed.
1263     Section 51.  Section 364.601, Florida Statutes, is
1264repealed.
1265     Section 52.  Section 364.602, Florida Statutes, is
1266repealed.
1267     Section 53.  Section 364.603, Florida Statutes, is
1268repealed.
1269     Section 54.  Section 364.604, Florida Statutes, is
1270repealed.
1271     Section 55.  Subsection (6) of section 196.012, Florida
1272Statutes, is amended to read:
1273     196.012  Definitions.-For the purpose of this chapter, the
1274following terms are defined as follows, except where the context
1275clearly indicates otherwise:
1276     (6)  Governmental, municipal, or public purpose or function
1277shall be deemed to be served or performed when the lessee under
1278any leasehold interest created in property of the United States,
1279the state or any of its political subdivisions, or any
1280municipality, agency, special district, authority, or other
1281public body corporate of the state is demonstrated to perform a
1282function or serve a governmental purpose which could properly be
1283performed or served by an appropriate governmental unit or which
1284is demonstrated to perform a function or serve a purpose which
1285would otherwise be a valid subject for the allocation of public
1286funds. For purposes of the preceding sentence, an activity
1287undertaken by a lessee which is permitted under the terms of its
1288lease of real property designated as an aviation area on an
1289airport layout plan which has been approved by the Federal
1290Aviation Administration and which real property is used for the
1291administration, operation, business offices and activities
1292related specifically thereto in connection with the conduct of
1293an aircraft full service fixed base operation which provides
1294goods and services to the general aviation public in the
1295promotion of air commerce shall be deemed an activity which
1296serves a governmental, municipal, or public purpose or function.
1297Any activity undertaken by a lessee which is permitted under the
1298terms of its lease of real property designated as a public
1299airport as defined in s. 332.004(14) by municipalities,
1300agencies, special districts, authorities, or other public bodies
1301corporate and public bodies politic of the state, a spaceport as
1302defined in s. 331.303, or which is located in a deepwater port
1303identified in s. 403.021(9)(b) and owned by one of the foregoing
1304governmental units, subject to a leasehold or other possessory
1305interest of a nongovernmental lessee that is deemed to perform
1306an aviation, airport, aerospace, maritime, or port purpose or
1307operation shall be deemed an activity that serves a
1308governmental, municipal, or public purpose. The use by a lessee,
1309licensee, or management company of real property or a portion
1310thereof as a convention center, visitor center, sports facility
1311with permanent seating, concert hall, arena, stadium, park, or
1312beach is deemed a use that serves a governmental, municipal, or
1313public purpose or function when access to the property is open
1314to the general public with or without a charge for admission. If
1315property deeded to a municipality by the United States is
1316subject to a requirement that the Federal Government, through a
1317schedule established by the Secretary of the Interior, determine
1318that the property is being maintained for public historic
1319preservation, park, or recreational purposes and if those
1320conditions are not met the property will revert back to the
1321Federal Government, then such property shall be deemed to serve
1322a municipal or public purpose. The term "governmental purpose"
1323also includes a direct use of property on federal lands in
1324connection with the Federal Government's Space Exploration
1325Program or spaceport activities as defined in s. 212.02(22).
1326Real property and tangible personal property owned by the
1327Federal Government or Space Florida and used for defense and
1328space exploration purposes or which is put to a use in support
1329thereof shall be deemed to perform an essential national
1330governmental purpose and shall be exempt. "Owned by the lessee"
1331as used in this chapter does not include personal property,
1332buildings, or other real property improvements used for the
1333administration, operation, business offices and activities
1334related specifically thereto in connection with the conduct of
1335an aircraft full service fixed based operation which provides
1336goods and services to the general aviation public in the
1337promotion of air commerce provided that the real property is
1338designated as an aviation area on an airport layout plan
1339approved by the Federal Aviation Administration. For purposes of
1340determination of "ownership," buildings and other real property
1341improvements which will revert to the airport authority or other
1342governmental unit upon expiration of the term of the lease shall
1343be deemed "owned" by the governmental unit and not the lessee.
1344Providing two-way telecommunications services to the public for
1345hire by the use of a telecommunications facility, as defined in
1346s. 364.02(14) s. 364.02(15), and for which a certificate is
1347required under chapter 364 does not constitute an exempt use for
1348purposes of s. 196.199, unless the telecommunications services
1349are provided by the operator of a public-use airport, as defined
1350in s. 332.004, for the operator's provision of
1351telecommunications services for the airport or its tenants,
1352concessionaires, or licensees, or unless the telecommunications
1353services are provided by a public hospital.
1354     Section 56.  Paragraph (b) of subsection (1) of section
1355199.183, Florida Statutes, is amended to read:
1356     199.183  Taxpayers exempt from nonrecurring taxes.-
1357     (1)  Intangible personal property owned by this state or
1358any of its political subdivisions or municipalities shall be
1359exempt from taxation under this chapter. This exemption does not
1360apply to:
1361     (b)  Property related to the provision of two-way
1362telecommunications services to the public for hire by the use of
1363a telecommunications facility, as defined in s. 364.02(14) s.
1364364.02(15), and for which a certificate is required under
1365chapter 364, when the service is provided by any county,
1366municipality, or other political subdivision of the state. Any
1367immunity of any political subdivision of the state or other
1368entity of local government from taxation of the property used to
1369provide telecommunication services that is taxed as a result of
1370this paragraph is hereby waived. However, intangible personal
1371property related to the provision of telecommunications services
1372provided by the operator of a public-use airport, as defined in
1373s. 332.004, for the operator's provision of telecommunications
1374services for the airport or its tenants, concessionaires, or
1375licensees, and intangible personal property related to the
1376provision of telecommunications services provided by a public
1377hospital, are exempt from taxation under this chapter.
1378     Section 57.  Subsection (6) of section 212.08, Florida
1379Statutes, is amended to read:
1380     212.08  Sales, rental, use, consumption, distribution, and
1381storage tax; specified exemptions.-The sale at retail, the
1382rental, the use, the consumption, the distribution, and the
1383storage to be used or consumed in this state of the following
1384are hereby specifically exempt from the tax imposed by this
1385chapter.
1386     (6)  EXEMPTIONS; POLITICAL SUBDIVISIONS.-There are also
1387exempt from the tax imposed by this chapter sales made to the
1388United States Government, a state, or any county, municipality,
1389or political subdivision of a state when payment is made
1390directly to the dealer by the governmental entity. This
1391exemption shall not inure to any transaction otherwise taxable
1392under this chapter when payment is made by a government employee
1393by any means, including, but not limited to, cash, check, or
1394credit card when that employee is subsequently reimbursed by the
1395governmental entity. This exemption does not include sales of
1396tangible personal property made to contractors employed either
1397directly or as agents of any such government or political
1398subdivision thereof when such tangible personal property goes
1399into or becomes a part of public works owned by such government
1400or political subdivision. A determination whether a particular
1401transaction is properly characterized as an exempt sale to a
1402government entity or a taxable sale to a contractor shall be
1403based on the substance of the transaction rather than the form
1404in which the transaction is cast. The department shall adopt
1405rules that give special consideration to factors that govern the
1406status of the tangible personal property before its affixation
1407to real property. In developing these rules, assumption of the
1408risk of damage or loss is of paramount consideration in the
1409determination. This exemption does not include sales, rental,
1410use, consumption, or storage for use in any political
1411subdivision or municipality in this state of machines and
1412equipment and parts and accessories therefor used in the
1413generation, transmission, or distribution of electrical energy
1414by systems owned and operated by a political subdivision in this
1415state for transmission or distribution expansion. Likewise
1416exempt are charges for services rendered by radio and television
1417stations, including line charges, talent fees, or license fees
1418and charges for films, videotapes, and transcriptions used in
1419producing radio or television broadcasts. The exemption provided
1420in this subsection does not include sales, rental, use,
1421consumption, or storage for use in any political subdivision or
1422municipality in this state of machines and equipment and parts
1423and accessories therefor used in providing two-way
1424telecommunications services to the public for hire by the use of
1425a telecommunications facility, as defined in s. 364.02(14) s.
1426364.02(15), and for which a certificate is required under
1427chapter 364, which facility is owned and operated by any county,
1428municipality, or other political subdivision of the state. Any
1429immunity of any political subdivision of the state or other
1430entity of local government from taxation of the property used to
1431provide telecommunication services that is taxed as a result of
1432this section is hereby waived. However, the exemption provided
1433in this subsection includes transactions taxable under this
1434chapter which are for use by the operator of a public-use
1435airport, as defined in s. 332.004, in providing such
1436telecommunications services for the airport or its tenants,
1437concessionaires, or licensees, or which are for use by a public
1438hospital for the provision of such telecommunications services.
1439     Section 58.  Subsection (8) of section 290.007, Florida
1440Statutes, is amended to read:
1441     290.007  State incentives available in enterprise zones.-
1442The following incentives are provided by the state to encourage
1443the revitalization of enterprise zones:
1444     (8)  Notwithstanding any law to the contrary, the Public
1445Service Commission may allow public utilities and
1446telecommunications companies to grant discounts of up to 50
1447percent on tariffed rates for services to small businesses
1448located in an enterprise zone designated pursuant to s.
1449290.0065. Such discounts may be granted for a period not to
1450exceed 5 years. For purposes of this subsection, the term
1451"public utility" has the same meaning as in s. 366.02(1) and the
1452term "telecommunications company" has the same meaning as in s.
1453364.02(13) s. 364.02(14).
1454     Section 59.  Subsection (3) of section 350.0605, Florida
1455Statutes, is amended to read:
1456     350.0605  Former commissioners and employees;
1457representation of clients before commission.-
1458     (3)  For a period of 2 years following termination of
1459service on the commission, a former member may not accept
1460employment by or compensation from a business entity which,
1461directly or indirectly, owns or controls a public utility
1462regulated by the commission, from a public utility regulated by
1463the commission, from a business entity which, directly or
1464indirectly, is an affiliate or subsidiary of a public utility
1465regulated by the commission or is an actual business competitor
1466of a local exchange company or public utility regulated by the
1467commission and is otherwise exempt from regulation by the
1468commission under ss. 364.02(13) ss. 364.02(14) and 366.02(1), or
1469from a business entity or trade association that has been a
1470party to a commission proceeding within the 2 years preceding
1471the member's termination of service on the commission. This
1472subsection applies only to members of the Florida Public Service
1473Commission who are appointed or reappointed after May 10, 1993.
1474     Section 60.  Section 364.105, Florida Statutes, is amended
1475to read:
1476     364.105  Discounted rate for basic service for former
1477Lifeline subscribers.-Each local exchange telecommunications
1478company shall offer discounted residential basic local
1479telecommunications service at 70 percent of the residential
1480local telecommunications service rate for any Lifeline
1481subscriber who no longer qualifies for Lifeline. A Lifeline
1482subscriber who requests such service shall receive the
1483discounted price for a period of 1 year after the date the
1484subscriber ceases to be qualified for Lifeline. In no event
1485shall this preclude the offering of any other discounted
1486services which comply with s. 364.10 ss. 364.08 and 364.10.
1487     Section 61.  Section 364.32, Florida Statutes, is amended
1488to read:
1489     364.32  Definitions applicable to s. 364.33 ss. 364.33,
1490364.337, 364.345 and 364.37.-As used in ss. 364.33, 364.337,
1491364.345 and 364.37:
1492     (1)  "Person" means:
1493     (a)  Any natural person, firm, association, county,
1494municipality, corporation, business, trust, or partnership
1495owning, leasing, or operating any facility used in the
1496furnishing of public telecommunications service within this
1497state; and
1498     (b)  A cooperative, nonprofit, membership corporation, or
1499limited dividend or mutual association, now or hereafter
1500created, with respect to that part or portion of its operations
1501devoted to the furnishing of telecommunications service within
1502this state.
1503     (2)  "Territory" means any area, whether within or without
1504the boundaries of a municipality.
1505     Section 62.  Subsection (5) of section 489.103, Florida
1506Statutes, is amended to read:
1507     489.103  Exemptions.-This part does not apply to:
1508     (5)  Public utilities, including special gas districts as
1509defined in chapter 189, telecommunications companies as defined
1510in s. 364.02(13) s. 364.02(14), and natural gas transmission
1511companies as defined in s. 368.103(4), on construction,
1512maintenance, and development work performed by their employees,
1513which work, including, but not limited to, work on bridges,
1514roads, streets, highways, or railroads, is incidental to their
1515business. The board shall define, by rule, the term "incidental
1516to their business" for purposes of this subsection.
1517     Section 63.  This act shall take effect July 1, 2011.


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