Florida Senate - 2019                                     SB 742
       
       
        
       By Senator Braynon
       
       
       
       
       
       35-00780-19                                            2019742__
    1                        A bill to be entitled                      
    2         An act relating to designation of eligible
    3         telecommunications carriers; amending s. 364.10, F.S.;
    4         including certain commercial mobile radio service
    5         providers within the definition of the term “eligible
    6         telecommunications carrier”; authorizing the Public
    7         Service Commission to designate any commercial mobile
    8         radio service provider as an eligible
    9         telecommunications carrier for the limited purpose of
   10         providing Lifeline service; deleting a provision
   11         requiring carriers to allow subscribers to demonstrate
   12         continued eligibility for Lifeline service under
   13         certain conditions; requiring subscribers to furnish
   14         proof of eligibility upon request from the carrier or
   15         the Federal Communications Commission or its designee;
   16         revising the carriers that may provide Lifeline
   17         service; revising Lifeline service eligibility;
   18         deleting obsolete provisions; revising the entities
   19         with which the commission may exchange certain
   20         information; amending s. 364.107, F.S.; revising the
   21         entities to which certain information relating to
   22         Lifeline service eligibility may be released;
   23         providing an effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Section 364.10, Florida Statutes, is amended to
   28  read:
   29         364.10 Lifeline service.—
   30         (1)(a) An eligible telecommunications carrier must shall
   31  provide a Lifeline Assistance Plan to qualified residential
   32  subscribers, as defined in the eligible telecommunications
   33  carrier’s published schedules. For the purposes of this section,
   34  the term “eligible telecommunications carrier” means a
   35  telecommunications company, as defined by s. 364.02, which is
   36  designated as an eligible telecommunications carrier by the
   37  commission pursuant to 47 C.F.R. s. 54.201. Notwithstanding the
   38  provision of s. 364.011 which exempts certain commercial mobile
   39  radio service providers from commission oversight, the term
   40  “eligible telecommunications carrier” includes any commercial
   41  mobile radio service provider designated by the commission
   42  pursuant to 47 C.F.R. s. 54.201, and the commission, upon
   43  petition, may make such a designation only for the purpose of
   44  providing Lifeline service.
   45         (b) An eligible telecommunications carrier must shall offer
   46  a consumer who applies for or receives Lifeline service the
   47  option of blocking all toll calls or, if technically capable,
   48  placing a limit on the number of toll calls a consumer can make.
   49  The eligible telecommunications carrier may not charge the
   50  consumer an administrative charge or other additional fee for
   51  blocking the service.
   52         (c) An eligible telecommunications carrier may not collect
   53  a service deposit in order to initiate Lifeline service if the
   54  qualifying low-income consumer voluntarily elects toll blocking
   55  or toll limitation. If the qualifying low-income consumer elects
   56  not to place toll blocking on the line, an eligible
   57  telecommunications carrier may charge a service deposit.
   58         (d) An eligible telecommunications carrier may not charge
   59  Lifeline subscribers a monthly number-portability charge.
   60         (e)1. An eligible telecommunications carrier must notify a
   61  Lifeline subscriber of impending termination of Lifeline service
   62  if the company has a reasonable basis for believing that the
   63  subscriber no longer qualifies for the service. Notification of
   64  pending termination must be in the form of a letter that is
   65  separate from the subscriber’s bill.
   66         2. An eligible telecommunications carrier shall allow a
   67  subscriber 60 days following the date of the pending termination
   68  letter to demonstrate continued eligibility. The subscriber must
   69  present proof of continued eligibility upon request of the
   70  eligible telecommunications carrier or the Federal
   71  Communications Commission or its designee. An eligible
   72  telecommunications carrier may transfer a subscriber off of
   73  Lifeline service, pursuant to its tariff, if the subscriber
   74  fails to demonstrate continued eligibility.
   75         3. The commission shall establish procedures for such
   76  notification and termination.
   77         (f) An eligible telecommunications carrier must shall
   78  timely credit a consumer’s bill with the Lifeline Assistance
   79  credit as soon as practicable, but no later than 60 days
   80  following receipt of notice of eligibility from the Office of
   81  Public Counsel or proof of eligibility from the consumer.
   82         (2)(a) Each local exchange telecommunications company that
   83  has more than 1 million access lines and that is designated as
   84  An eligible telecommunications carrier, including shall, and any
   85  commercial mobile radio service provider designated as an
   86  eligible telecommunications carrier pursuant to 47 U.S.C. s.
   87  214(e), may, upon filing a notice of election to do so with the
   88  commission, provide Lifeline service to any otherwise eligible
   89  customer or potential customer who meets an income eligibility
   90  test at 135 150 percent or less of the federal poverty income
   91  guidelines for Lifeline customers. Such a test for eligibility
   92  must augment, rather than replace, the eligibility standards
   93  established by federal law and based on participation in certain
   94  low-income assistance programs. Each intrastate interexchange
   95  telecommunications company shall file or publish a schedule
   96  providing at a minimum the intrastate interexchange
   97  telecommunications company’s current Lifeline benefits and
   98  exemptions to Lifeline customers who meet the income eligibility
   99  test set forth in this subsection. The Office of Public Counsel
  100  shall certify and maintain claims submitted by a customer for
  101  eligibility under the income test authorized by this subsection.
  102         (b) Each eligible telecommunications carrier subject to
  103  this subsection must shall provide to each state and federal
  104  agency providing benefits to persons eligible for Lifeline
  105  service applications, brochures, pamphlets, or other materials
  106  that inform the persons of their eligibility for Lifeline, and
  107  each state agency providing the benefits shall furnish the
  108  materials to affected persons at the time they apply for
  109  benefits.
  110         (c) An eligible telecommunications carrier may not
  111  discontinue basic local telecommunications service to a
  112  subscriber who receives Lifeline service because of nonpayment
  113  by the subscriber of charges for nonbasic services billed by the
  114  telecommunications company, including, but not limited to, long
  115  distance service. A subscriber who receives Lifeline service
  116  must shall pay all applicable basic local telecommunications
  117  service fees, including the subscriber line charge, E-911,
  118  telephone relay system charges, and applicable state and federal
  119  taxes.
  120         (d) An eligible telecommunications carrier may not refuse
  121  to connect, reconnect, or provide Lifeline service because of
  122  unpaid toll charges or nonbasic charges other than basic local
  123  telecommunications service.
  124         (e) An eligible telecommunications carrier may require that
  125  payment arrangements be made for outstanding debt associated
  126  with basic local telecommunications service, subscriber line
  127  charges, E-911, telephone relay system charges, and applicable
  128  state and federal taxes.
  129         (f) An eligible telecommunications carrier may block a
  130  Lifeline service subscriber’s access to all long-distance
  131  service, except for toll-free numbers, and may block the ability
  132  to accept collect calls if when the subscriber owes an
  133  outstanding amount for long-distance service or amounts
  134  resulting from collect calls. However, the eligible
  135  telecommunications carrier may not impose a charge for blocking
  136  long-distance service. The eligible telecommunications carrier
  137  shall remove the block at the request of the subscriber without
  138  additional cost to the subscriber upon payment of the
  139  outstanding amount. An eligible telecommunications carrier may
  140  charge a service deposit before removing the block.
  141         (g)1. By December 31, 2010, Each state agency that provides
  142  benefits to persons eligible for Lifeline service shall
  143  undertake, in cooperation with the Department of Children and
  144  Families, the Department of Education, the commission, the
  145  Office of Public Counsel, and telecommunications companies
  146  designated eligible telecommunications carriers providing
  147  Lifeline services, the development of procedures to promote
  148  Lifeline participation. The department departments, the
  149  commission, and the Office of Public Counsel may exchange
  150  sufficient information with the appropriate eligible
  151  telecommunications carriers or the Federal Communications
  152  Commission or its designee and any commercial mobile radio
  153  service provider electing to provide Lifeline service under
  154  paragraph (a), such as a person’s name, date of birth, service
  155  address, and telephone number, so that eligible customers the
  156  carriers can be enrolled identify and enroll an eligible person
  157  in the Lifeline and Link-Up programs. The information remains
  158  confidential and exempt pursuant to s. 364.107 and may only be
  159  used for purposes of determining eligibility and enrollment in
  160  the Lifeline and Link-Up programs.
  161         2. If any state agency determines that a person is eligible
  162  for Lifeline services, the agency must shall immediately forward
  163  the information to the commission to ensure that the person is
  164  automatically enrolled in the program with the appropriate
  165  eligible telecommunications carrier. The state agency shall
  166  include an option for an eligible customer to choose not to
  167  subscribe to the Lifeline service. The Public Service Commission
  168  and the Department of Children and Families shall, no later than
  169  December 31, 2007, adopt rules creating procedures to
  170  automatically enroll eligible customers in Lifeline service.
  171         3. By December 31, 2010, The commission, the Department of
  172  Children and Families, the Office of Public Counsel, and each
  173  eligible telecommunications carrier offering Lifeline and Link
  174  Up services shall convene a Lifeline Workgroup to discuss how
  175  the eligible subscriber information in subparagraph 1. will be
  176  shared, the obligations of each party with respect to the use of
  177  that information, and the procedures to be implemented to
  178  increase enrollment and verify eligibility in these programs.
  179         (h) The commission shall report to the Governor, the
  180  President of the Senate, and the Speaker of the House of
  181  Representatives by December 31 each year on the number of
  182  customers who are subscribing to Lifeline service and the
  183  effectiveness of any procedures to promote participation.
  184         (i) The commission may undertake appropriate measures to
  185  inform low-income consumers of the availability of the Lifeline
  186  and Link-Up programs.
  187         (j) The commission shall adopt rules to administer this
  188  section.
  189         Section 2. Subsection (2) of section 364.107, Florida
  190  Statutes, is amended to read:
  191         364.107 Public records exemption; Lifeline Assistance Plan
  192  participants.—
  193         (2) Information made confidential and exempt under
  194  subsection (1) may be released to the applicable
  195  telecommunications carrier or to the Federal Communications
  196  Commission or its designee for purposes directly connected with
  197  eligibility for, verification related to, or auditing of a
  198  Lifeline Assistance Plan.
  199         Section 3. This act shall take effect upon becoming a law.