Bill Text: FL H1377 | 2010 | Regular Session | Introduced
Bill Title: Telecommunications Companies [EPSC]
Spectrum: Partisan Bill (Republican 9-0)
Status: (Passed) 2010-05-07 - Approved by Governor; Chapter No. 2010-38 [H1377 Detail]
Download: Florida-2010-H1377-Introduced.html
HB 1377 |
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2 | An act relating to telecommunications companies; repealing |
3 | ss. 364.03, 364.035, 364.037, 364.05, 364.055, 364.14, |
4 | 364.17, and 364.18, F.S., relating to rates, tolls, |
5 | contracts, charges, rules, regulations, performance of |
6 | service, and maintenance of telecommunications facilities; |
7 | fixing rates by the Public Service Commission; |
8 | consideration of directory advertising revenues when |
9 | establishing rates; changing rates, tolls, rentals, |
10 | contracts, or charges; procedures for interim rates; |
11 | commission to compel by order or rule the adjustment of |
12 | rates, charges, tolls, rules, or regulations or changes to |
13 | practices or service or the installation of equipment or |
14 | facilities; forms prescribed by the commission; and |
15 | inspection by the commission of accounts and records; |
16 | amending s. 364.051, F.S.; deleting a schedule for |
17 | implementation of price regulation; amending ss. 364.025, |
18 | 364.052, 364.063, 364.337, 364.385, and 364.507, F.S.; |
19 | conforming provisions to changes made by the act; |
20 | providing an effective date. |
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22 | Be It Enacted by the Legislature of the State of Florida: |
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24 | Section 1. Sections 364.03, 364.035, 364.037, 364.05, |
25 | 364.055, 364.14, 364.17, and 364.18, Florida Statutes, are |
26 | repealed. |
27 | Section 2. Subsection (2) of section 364.025, Florida |
28 | Statutes, is amended to read: |
29 | 364.025 Universal service.- |
30 | (2) The Legislature finds that each telecommunications |
31 | company should contribute its fair share to the support of the |
32 | universal service objectives and carrier-of-last-resort |
33 | obligations. For a transitional period not to exceed January 1, |
34 | 2009, the interim mechanism for maintaining universal service |
35 | objectives and funding carrier-of-last-resort obligations shall |
36 | be established by the commission, pending the implementation of |
37 | a permanent mechanism. The interim mechanism shall be applied in |
38 | a manner that ensures that each competitive local exchange |
39 | telecommunications company contributes its fair share to the |
40 | support of universal service and carrier-of-last-resort |
41 | obligations. The interim mechanism applied to each competitive |
42 | local exchange telecommunications company shall reflect a fair |
43 | share of the local exchange telecommunications company's |
44 | recovery of investments made in fulfilling its carrier-of-last- |
45 | resort obligations, and the maintenance of universal service |
46 | objectives. The commission shall ensure that the interim |
47 | mechanism does not impede the development of residential |
48 | consumer choice or create an unreasonable barrier to |
49 | competition. In reaching its determination, the commission shall |
50 | not inquire into or consider any factor that is inconsistent |
51 | with s. 364.051(1) |
52 | program or project required in part II of this chapter shall not |
53 | be recovered under this section. |
54 | Section 3. Subsection (1) of section 364.051, Florida |
55 | Statutes, is amended to read: |
56 | 364.051 Price regulation.- |
57 | (1) APPLICATION TO LOCAL EXCHANGE TELECOMMUNICATIONS |
58 | COMPANIES |
59 | chapter, all |
60 | companies are |
61 | described in this section. |
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78 | Section 4. Subsection (2) of section 364.052, Florida |
79 | Statutes, is amended to read: |
80 | 364.052 Regulatory methods for small local exchange |
81 | telecommunications companies.- |
82 | (2) |
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108 | procedures for regulating companies subject to this section. |
109 | These procedures shall minimize the burdens of regulation with |
110 | regard to audits, investigations, service standards, cost |
111 | studies, reports, and other matters, and the commission shall |
112 | establish, by rule, only those procedures that are cost- |
113 | justified and are in the public interest so that universal |
114 | service may be promoted. Upon petition filed in this rulemaking |
115 | proceeding, the commission shall review and may approve any |
116 | regulations unique to the specific circumstances of a company |
117 | subject to this section. |
118 | Section 5. Section 364.063, Florida Statutes, is amended |
119 | to read: |
120 | 364.063 Rate adjustment orders.-Any order issued by the |
121 | Florida Public Service Commission adjusting general increases or |
122 | reductions of the rates of a telecommunications company shall be |
123 | reduced to writing, including any dissenting or concurring |
124 | opinions, within 20 days after the official vote of the |
125 | commission. Within such 20-day period, the commission shall also |
126 | mail a copy of the order to the clerk of the circuit court of |
127 | each county in which customers are served who are affected by |
128 | the rate adjustment, which copy shall be kept on file and made |
129 | available to the public. The commission shall notify all parties |
130 | of record in the proceeding of the date of such mailing. Such an |
131 | order shall not be considered rendered for purposes of appeal, |
132 | rehearing, or judicial review until the order is signed and |
133 | dated by the commission's designee. This provision shall not |
134 | delay the effective date of the order. |
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137 | Section 6. Subsections (1), (2), and (4) of section |
138 | 364.337, Florida Statutes, are amended to read: |
139 | 364.337 Competitive local exchange telecommunications |
140 | companies; intrastate interexchange telecommunications services; |
141 | certification.- |
142 | (1) Upon this act becoming a law, a party may file an |
143 | application for a certificate as a competitive local exchange |
144 | telecommunications company before January 1, 1996, and the |
145 | commission shall conduct its review of the application and take |
146 | all actions necessary to process the application. However, an |
147 | application shall become effective no sooner than January 1, |
148 | 1996. The commission shall grant a certificate of authority to |
149 | provide competitive local exchange service upon a showing that |
150 | the applicant has sufficient technical, financial, and |
151 | managerial capability to provide such service in the geographic |
152 | area proposed to be served. A competitive local exchange |
153 | telecommunications company may not offer basic local |
154 | telecommunications services within the territory served by a |
155 | company subject to s. 364.052 prior to January 1, 2001, unless |
156 | the small local exchange telecommunications company is |
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158 | programming services directly or as video dial tone applications |
159 | authorized under 47 U.S.C. s. 214, except as provided for in |
160 | compliance with part II. It is the intent of the Legislature |
161 | that the commission act expeditiously to grant certificates of |
162 | authority under this section and that the grant of certificates |
163 | not be affected by the application of any criteria other than |
164 | that specifically enumerated in this subsection. |
165 | (2) Rules adopted by the commission governing the |
166 | provision of competitive local exchange telecommunications |
167 | service shall be consistent with s. 364.01. The basic local |
168 | telecommunications service provided by a competitive local |
169 | exchange telecommunications company must include access to |
170 | operator services, "911" services, and relay services for the |
171 | hearing impaired. A competitive local exchange |
172 | telecommunications company's "911" service shall be provided at |
173 | a level equivalent to that provided by the local exchange |
174 | telecommunications company serving the same area. There shall be |
175 | a flat-rate pricing option for basic local telecommunications |
176 | services, and mandatory measured service for basic local |
177 | telecommunications services shall not be imposed. A certificated |
178 | competitive local exchange telecommunications company may |
179 | petition the commission for a waiver of some or all of the |
180 | requirements of this chapter, except ss. 364.16, 364.336, and |
181 | subsections (1) and (5). The commission may grant such petition |
182 | if determined to be in the public interest. Competitive local |
183 | exchange telecommunications companies are not subject to the |
184 | requirements of ss. |
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186 | (4) Rules adopted by the commission governing the |
187 | provision of intrastate interexchange telecommunications service |
188 | must be consistent with s. 364.01. A certificated intrastate |
189 | interexchange telecommunications company may petition the |
190 | commission for a waiver for some or all of the requirements of |
191 | this chapter, except s. 364.16, s. 364.335(3), or subsection |
192 | (5). The commission may grant such petition if determined to be |
193 | in the public interest. Intrastate interexchange |
194 | telecommunications companies are not subject to the requirements |
195 | of s. |
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197 | Section 7. Subsection (2) of section 364.385, Florida |
198 | Statutes, is amended to read: |
199 | 364.385 Saving clauses.- |
200 | (2) All applications for extended area service, routes, or |
201 | extended calling service pending before the commission on March |
202 | 1, 1995, shall be governed by the law as it existed prior to |
203 | July 1, 1995. Upon the approval of the application, the extended |
204 | area service, routes, or extended calling service shall be |
205 | considered basic services and shall be regulated as provided in |
206 | s. 364.051 |
207 | Proceedings including judicial review pending on July 1, 1995, |
208 | shall be governed by the law as it existed prior to the date on |
209 | which this section becomes a law. No new proceedings governed by |
210 | the law as it existed prior to July 1, 1995, shall be initiated |
211 | after July 1, 1995. Any administrative adjudicatory proceeding |
212 | which has not progressed to the stage of a hearing by July 1, |
213 | 1995, may, with the consent of all parties and the commission, |
214 | be conducted in accordance with the law as it existed prior to |
215 | January 1, 1996. |
216 | Section 8. Subsection (2) of section 364.507, Florida |
217 | Statutes, is amended to read: |
218 | 364.507 Legislative intent.- |
219 | (2) It is the intent of the Legislature that all local |
220 | exchange telecommunications companies |
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223 | be required to provide advanced telecommunications services to |
224 | eligible facilities in the absence of a competitive bid to |
225 | provide such services pursuant to s. 364.510(3). This obligation |
226 | arises from the privileges granted such local exchange |
227 | telecommunications companies under part I of this chapter. |
228 | Section 9. This act shall take effect July 1, 2010. |
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