Bill Text: FL S1524 | 2011 | Regular Session | Comm Sub
Bill Title: Telecommunications
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-04-27 - Read 2nd time -SJ 512 [S1524 Detail]
Download: Florida-2011-S1524-Comm_Sub.html
Florida Senate - 2011 CS for CS for SB 1524 By the Committees on Commerce and Tourism; and Communications, Energy, and Public Utilities; and Senators Simmons, Bennett, Thrasher, Oelrich, Smith, Gaetz, Braynon, Siplin, and Flores 577-03315-11 20111524c2 1 A bill to be entitled 2 An act relating to telecommunications; creating the 3 “Regulatory Reform Act”; amending s. 364.01, F.S.; 4 revising legislative intent with respect to the 5 jurisdiction of the Florida Public Service Commission; 6 amending s. 364.011, F.S.; providing that certain 7 basic and nonbasic telecommunication services are 8 exempt from the jurisdiction of the Public Service 9 Commission; amending s. 364.012, F.S.; requiring local 10 exchange telecommunications companies to provide 11 unbundled access to network elements; amending s. 12 364.0135, F.S.; providing legislative intent relating 13 to the sustainable adoption of broadband Internet 14 service; providing a definition of “sustainable 15 adoption” as it relates to broadband Internet 16 services; removing obsolete legislative intent; 17 authorizing the Department of Management Services to 18 work collaboratively with, and to receive staffing 19 support and other resources from, Enterprise Florida, 20 Inc., state agencies, local governments, private 21 businesses, and community organizations to encourage 22 sustainable adoption of broadband Internet services; 23 authorizing the department to adopt rules; amending s. 24 364.02, F.S.; removing the definition of “monopoly 25 service” and adding a definition for “VoIP”; repealing 26 ss. 364.025, 364.0251, and 364.0252, F.S., relating to 27 uniform telecommunications service, a 28 telecommunications consumer information program, and 29 the expansion of consumer information programs, 30 respectively; amending s. 364.04, F.S.; providing that 31 the commission has no jurisdiction over the content, 32 form, or format of rate schedules published by a 33 telecommunications company; providing that a 34 telecommunications company may undertake certain 35 activities; repealing ss. 364.051, 364.052, 364.057, 36 364.058, 364.059, 364.06, 364.063, 364.07, and 364.08, 37 F.S., relating to price regulation, regulatory methods 38 for small local exchange telecommunications companies, 39 experimental and transitional rates, limited 40 proceedings, procedures for seeking a stay of 41 proceedings, joint rates, tolls, and contracts, rate 42 adjustment orders, intrastate interexchange service 43 contracts, and unlawful charges against consumers, 44 respectively; amending s. 364.10, F.S.; removing 45 obsolete provisions; requiring an eligible 46 telecommunications carrier to provide a Lifeline 47 Assistance Plan to qualified residential subscribers; 48 repealing s. 364.15, F.S., relating to repairs, 49 improvements, and additions to telecommunication 50 facilities; amending s. 364.16, F.S., relating to 51 local interconnection, unbundling, and resale of 52 telecommunication services; providing legislative 53 intent; requiring the Public Service Commission to, 54 upon request, arbitrate and enforce interconnection 55 agreements; providing that certain services are exempt 56 from the commission jurisdiction; providing that a 57 competitive local exchange telecommunications company 58 is entitled to interconnection with a local exchange 59 telecommunications company for certain purposes; 60 prohibiting a telecommunications company from 61 knowingly delivering traffic for which terminating 62 access service charges would otherwise apply; 63 authorizing any party having a substantial interest to 64 petition the commission for an investigation; 65 requiring the commission to adopt rules to prevent the 66 unauthorized changing of a subscriber’s 67 telecommunications service; requiring the commission 68 to conduct an expedited proceeding to resolve 69 disputes; providing that the telecommunications 70 company that asserts the existence of a local 71 preferred carrier freeze has a certain burden of 72 proof; removing obsolete provisions relating to local 73 exchange telecommunications companies; repealing ss. 74 364.161 and 364.162, F.S., relating to unbundling and 75 resale of telecommunication services and negotiated 76 prices for interconnection services, respectively; 77 amending s. 364.163, F.S.; conforming provisions to 78 changes made by the act; amending s. 364.183, F.S.; 79 revising provisions relating to access of the 80 commission to certain records of a telecommunications 81 company; repealing ss. 364.185, 364.19, and 364.27, 82 F.S., relating to powers of the commission to 83 investigate and inspect any premises of a 84 telecommunications company, regulation of 85 telecommunication contracts, and powers and duties as 86 to interstate rates, respectively; amending s. 364.33, 87 F.S., relating to the certificate of authority; 88 prohibiting a person from providing any 89 telecommunications service to the public without a 90 certificate of necessity or a certificate of authority 91 issued by the commission; providing that, after a 92 specified date, the commission will no longer issue 93 certificates of necessity; amending s. 364.335, F.S.; 94 requiring an applicant to provide certain information 95 when applying for a certificate of authority; 96 describing the criteria necessary to be granted a 97 certificate of authority; authorizing a 98 telecommunications company to terminate a certificate 99 of authority; repealing s. 364.337, F.S., relating to 100 competitive local exchange companies; amending s. 101 364.3375, F.S., relating to pay telephone service 102 providers; requiring pay telephone providers to obtain 103 a certificate of authority from the commission; 104 repealing ss. 364.3376, 364.3381, 364.3382, 364.339, 105 364.345, and 364.37, F.S., relating to operator 106 services, cross-subsidization, cost disclosures, 107 certificates for territories served, shared tenant 108 services, and powers of the commission relating to 109 service territories, respectively; amending s. 110 364.385, F.S.; removing obsolete provisions relating 111 to saving clauses; amending s. 364.386, F.S.; revising 112 the content to be included in the report to be filed 113 with the Legislature; repealing ss. 364.501, 364.503, 114 364.506, 364.507, 364.508, 364.515, 364.516, 364.601, 115 364.602, 364.603, and 364.604, F.S., relating to the 116 prevention of damages to underground telecommunication 117 facilities, mergers or acquisitions, a short title for 118 education facilities, legislative intent for advanced 119 telecommunication services to eligible facilities, 120 definitions, infrastructure investments, penalties for 121 failing to provide advanced telecommunication 122 services, the short title for telecommunication 123 consumer protections, definitions, the methodology for 124 protecting consumers for changing telecommunication 125 providers, and billing procedures to inform and 126 protect the consumer, respectively; amending ss. 127 196.012, 199.183, 212.08, 290.007, 350.0605, 364.105, 128 364.32, and 489.103, F.S.; revising cross-references 129 to conform to changes made by the act; providing an 130 effective date. 131 132 Be It Enacted by the Legislature of the State of Florida: 133 134 Section 1. This act may be cited as the “Regulatory Reform 135 Act.” 136 Section 2. Section 364.01, Florida Statutes, is amended to 137 read: 138 364.01 Powers of commission, legislative intent.— 139 (1) The Florida Public Service Commission shall exercise 140 over and in relation to telecommunications companies the powers 141 conferred by this chapter. 142 (2) It is the legislative intent to give exclusive 143 jurisdiction in all matters set forth in this chapter to the 144 Florida Public Service Commission in regulating 145 telecommunications companies, and such preemption shall 146 supersede any local or special act or municipal charter where 147 any conflict of authority may exist. However,the provisions of148 this chapter doesshallnot affect the authority and powers 149 granted in s. 166.231(9) or s. 337.401. 150 (3) Communications activities that are not regulated by the 151 Florida Public Service Commission, including, but not limited152to, VoIP, wireless, and broadband,are subject to this state’s 153 generally applicable business regulation and deceptive trade 154 practices and consumer protection laws, as enforced by the 155 appropriate state authority or through actions in the judicial 156 system. This chapter does not limit the availability to any 157 party of any remedy or defense under state or federal antitrust 158 laws. The Legislature finds that the competitive provision of 159 telecommunications services, including local exchange 160 telecommunications service, is in the public interest and has 161 providedwill providecustomers with freedom of choice, 162 encouragedencouragethe introduction of new telecommunications 163 service, encouragedencouragetechnological innovation, and 164 encouragedencourageinvestment in telecommunications 165 infrastructure.The Legislature further finds that the166transition from the monopoly provision of local exchange service167to the competitive provision thereof will require appropriate168regulatory oversight to protect consumers and provide for the169development of fair and effective competition, but nothing in170this chapter shall limit the availability to any party of any171remedy under state or federal antitrust laws. The Legislature172further finds that changes in regulations allowing increased173competition in telecommunications services could provide the174occasion for increases in the telecommunications workforce;175therefore, it is in the public interest that competition in176telecommunications services lead to a situation that enhances177the high-technological skills and the economic status of the178telecommunications workforce. The Legislature further finds that179the provision of voice-over-Internet protocol (VoIP) free of180unnecessary regulation, regardless of the provider, is in the181public interest.182(4) The commission shall exercise its exclusive183jurisdiction in order to:184(a) Protect the public health, safety, and welfare by185ensuring that basic local telecommunications services are186available to all consumers in the state at reasonable and187affordable prices.188(b) Encourage competition through flexible regulatory189treatment among providers of telecommunications services in190order to ensure the availability of the widest possible range of191consumer choice in the provision of all telecommunications192services.193(c) Protect the public health, safety, and welfare by194ensuring that monopoly services provided by telecommunications195companies continue to be subject to effective price, rate, and196service regulation.197(d) Promote competition by encouraging innovation and198investment in telecommunications markets and by allowing a199transitional period in which new and emerging technologies are200subject to a reduced level of regulatory oversight.201(e) Encourage all providers of telecommunications services202to introduce new or experimental telecommunications services203free of unnecessary regulatory restraints.204(f) Eliminate any rules or regulations which will delay or205impair the transition to competition.206(g) Ensure that all providers of telecommunications207services are treated fairly, by preventing anticompetitive208behavior and eliminating unnecessary regulatory restraint.209(h) Recognize the continuing emergence of a competitive210telecommunications environment through the flexible regulatory211treatment of competitive telecommunications services, where212appropriate, if doing so does not reduce the availability of213adequate basic local telecommunications service to all citizens214of the state at reasonable and affordable prices, if competitive215telecommunications services are not subsidized by monopoly216telecommunications services, and if all monopoly services are217available to all competitors on a nondiscriminatory basis.218(i) Continue its historical role as a surrogate for219competition for monopoly services provided by local exchange220telecommunications companies.221 Section 3. Section 364.011, Florida Statutes, is amended to 222 read: 223 364.011 Exemptions from commission jurisdiction.—The 224 following services are exempt from oversight by the commission, 225 except to the extent delineated in this chapteror specifically226authorized by federal law: 227 (1) Intrastate interexchange telecommunications services. 228 (2) Broadband services, regardless of the provider, 229 platform, or protocol. 230 (3) VoIP. 231 (4) Wireless telecommunications, including commercial 232 mobile radio service providers. 233 (5) Basic service. 234 (6) Nonbasic services or comparable services offered by any 235 telecommunications company. 236 Section 4. Subsection (2) of section 364.012, Florida 237 Statutes, is amended to read: 238 364.012 Consistency with federal law.— 239 (2) This chapter does not limit or modify the duties of a 240 local exchange telecommunications companycarrierto provide 241 unbundled access to network elements or the commission’s 242 authority to arbitrate and enforce interconnection agreements to 243 the extent that those elements are required under 47 U.S.C. ss. 244 251 and 252, and under any regulations issued by the Federal 245 Communications Commission at rates determined in accordance with 246 the standards established by the Federal Communications 247 Commission pursuant to 47 C.F.R. ss. 51.503-51.513, inclusive of 248 any successor regulation or successor forbearance of regulation. 249 Section 5. Section 364.0135, Florida Statutes, is amended 250 to read: 251 364.0135 Promotion of broadband adoptiondeployment.— 252 (1) The Legislature finds that the sustainable adoption of 253 broadband Internet service is critical to the economic and 254 business development of the state and is beneficial for 255 libraries, schools, colleges and universities, health care 256 providers, and community organizations. The term “sustainable 257 adoption” means the ability for communications service providers 258 to offer broadband services in all areas of the state by 259 encouraging adoption and utilization levels that allow for these 260 services to be offered in the free market absent the need for 261 governmental subsidy.The Legislature further finds that262barriers exist to the statewide deployment of broadband Internet263service, especially in rural, unserved, or underserved264communities. The Legislature therefore intends to promote the265efficient and effective deployment of broadband Internet service266throughout the state through a coordinated statewide effort.267 (2) The Department of Management Services is authorized to 268 work collaboratively with, and to receive staffing support and 269 other resources from, Enterprise Florida, Inc., state agencies, 270 local governments, private businesses, and community 271 organizations to: 272 (a) Monitor the adoption ofConduct a needs assessment of273 broadband Internet service in collaboration with communications 274 service providers, including, but not limited to, wireless and 275 wireline Internet service providers, to develop geographical 276 information system maps at the census tract level that will: 277 1. Identify geographic gaps in broadband services, 278 including areas unserved by any broadband provider and areas 279 served by a single broadband provider; 280 2. Identify the download and upload transmission speeds 281 made available to businesses and individuals in the state, at 282 the census tract level of detail, using data rate benchmarks for 283 broadband service used by the Federal Communications Commission 284 to reflect different speed tiers; and 285 3. Provide a baseline assessment of statewide broadband 286 deployment in terms of percentage of households with broadband 287 availability. 288 (b) Create a strategic plan that has goals and strategies 289 for increasing the use of broadband Internet service in the 290 state. 291 (c) Build and facilitate local technology planning teams or 292 partnerships with members representing cross-sections of the 293 community, which may include, but are not limited to, 294 representatives from the following organizations and industries: 295 libraries, K-12 education, colleges and universities, local 296 health care providers, private businesses, community 297 organizations, economic development organizations, local 298 governments, tourism, parks and recreation, and agriculture. 299 (d) Encourage the use of broadband Internet service, 300 especially in the rural, unserved, and underserved communities 301 of the state through grant programs having effective strategies 302 to facilitate the statewide deployment of broadband Internet 303 service. For any grants to be awarded, priority must be given to 304 projects that: 305 1. Provide access to broadband education, awareness, 306 training, access, equipment, and support to libraries, schools, 307 colleges and universities, health care providers, and community 308 support organizations. 309 2. Encourage the sustainable adoption of broadband in 310 primarily unserved areas by removing economic barriers to entry 311investments in primarily unserved areas to give consumers a312choice of more than one broadband Internet service provider. 313 3. Work toward encouraging investments in establishing 314 affordable and sustainable broadband Internet service in 315 unserved areas of the state. 316 4. Facilitate the development of applications, programs, 317 and services, including, but not limited to, telework, 318 telemedicine, and e-learning to increase the usage of, and 319 demand for, broadband Internet service in the state. 320 (3) The department may apply for and accept federal funds 321 for purposes of this section, as well as gifts and donations 322 from individuals, foundations, and private organizations. 323 (4) The department mayis authorized toenter into 324 contracts necessary or useful to carry out the purposes of this 325 section. 326 (5) The department mayis authorized toestablish any 327 committee or workgroup to administer and carry out the purposes 328 of this section. 329 (6) The department mayis authorized toadopt rules 330 necessary to carry out the purposes of this section. Any rule, 331 contract, grant, or other activity undertaken by the department 332 shall ensure that all entities are in compliance with any 333 applicable federal or state laws, rules, and regulations, 334 including, but not limited to, those applicable to private 335 entities providing communications services for hire and the 336 requirements of s. 350.81, including, without limitation, the337authority to establish definitions of terms pertinent to this338section. 339 Section 6. Section 364.02, Florida Statutes, is amended to 340 read: 341 364.02 Definitions.—As used in this chapter, the term: 342 (1) “Basic local telecommunications service” means voice 343 grade, single-line, flat-rate residential local exchange service 344 that provides dial tone, local usage necessary to place 345 unlimited calls within a local exchange area, dual tone 346 multifrequency dialing, and access to the following: emergency 347 services such as “911,” all locally available interexchange 348 companies, directory assistance, operator services, and relay 349 services, and an alphabetical directory listing. For a local 350 exchange telecommunications company, the term includes any 351 extended area service routes, and extended calling service in 352 existence or ordered by the commission on or before July 1, 353 1995. 354 (2) “Broadband service” means any service that consists of 355 or includes the offering of the capability to transmit or 356 receive information at a rate that is not less than 200 kilobits 357 per second and either: 358 (a) Is used to provide access to the Internet; or 359 (b) Provides computer processing, information storage, 360 information content, or protocol conversion in combination with 361 the service. 362 363 The definition of broadband service does not include any 364 intrastate telecommunications services that have been tariffed 365 with the commission on or before January 1, 2005. 366 (3) “Commercial mobile radio service provider” means a 367 commercial mobile radio service provider as defined by and 368 pursuant to 47 U.S.C. ss. 153(27) and 332(d). 369 (4) “Commission” means the Florida Public Service 370 Commission. 371 (5) “Competitive local exchange telecommunications company” 372 means any company certificated by the commission to provide 373 local exchange telecommunications services in this state on or 374 after July 1, 1995. 375 (6) “Corporation” includes a corporation, company, 376 association, or joint stock association. 377 (7) “Intrastate interexchange telecommunications company” 378 means any entity that provides intrastate interexchange 379 telecommunications services. 380 (8) “Local exchange telecommunications company” means any 381 company certificated by the commission to provide local exchange 382 telecommunications service in this state on or before June 30, 383 1995. 384(9) “Monopoly service” means a telecommunications service385for which there is no effective competition, either in fact or386by operation of law.387 (9)(10)“Nonbasic service” means any telecommunications 388 service provided by a local exchange telecommunications company 389 other than a basic local telecommunications service,alocal 390 interconnection, resale, or unbundling pursuant toarrangement391described ins. 364.16, or a network access service described in 392 s. 364.163. Any combination of basic service along with a 393 nonbasic service or an unregulated service is nonbasic service. 394 (10)(11)“Operator service” includes, but is not limited 395 to, billing or completion of third-party, person-to-person, 396 collect, or calling card or credit card calls through the use of 397 a live operator or automated equipment. 398 (11)(12)“Operator service provider” means a person who 399 furnishes operator service through a call aggregator. 400 (12)(13)“Service” is to be construed in its broadest and 401 most inclusive sense. The term “service” does not include 402 broadband service or voice-over-Internet protocol service for 403 purposes of regulation by the commission. Nothing herein shall 404 affect the rights and obligations of any entity related to the 405 payment of switched network access rates or other intercarrier 406 compensation, if any, related to voice-over-Internet protocol 407 service. Notwithstanding s. 364.013, and the exemption of 408 services pursuant to this subsection, the commission may 409 arbitrate, enforce, or approve interconnection agreements, and 410 resolve disputes as provided by 47 U.S.C. ss. 251 and 252, or 411 any other applicable federal law or regulation. With respect to 412 the services exempted in this subsection, regardless of the 413 technology, the duties of a local exchange telecommunications 414 company are only those that the company is obligated to extend 415 or provide under applicable federal law and regulations. 416 (13)(14)“Telecommunications company” includes every 417 corporation, partnership, and person and their lessees, 418 trustees, or receivers appointed by any court whatsoever, and 419 every political subdivision in the state, offering two-way 420 telecommunications service to the public for hire within this 421 state by the use of a telecommunications facility. The term 422 “telecommunications company” does not include: 423 (a) An entity that provides a telecommunications facility 424 exclusively to a certificated telecommunications company; 425 (b) An entity that provides a telecommunications facility 426 exclusively to a company which is excluded from the definition 427 of a telecommunications company under this subsection; 428 (c) A commercial mobile radio service provider; 429 (d) A facsimile transmission service; 430 (e) A private computer data network company not offering 431 service to the public for hire; 432 (f) A cable television company providing cable service as 433 defined in 47 U.S.C. s. 522;or434 (g) An intrastate interexchange telecommunications company; 435 or 436 (h) An operator services provider. 437 438 However, each commercial mobile radio service provider and each 439 intrastate interexchange telecommunications company shall 440 continue to be liable for any taxes imposed under chapters 202, 441 203, and 212and any fees assessed under s.364.025. Each 442 intrastate interexchange telecommunications company shall 443 continue to be subject to s.ss.364.04,364.10(3)(a) and (d),444 364.163,364.285,364.336,364.501,364.603, and364.604, shall445provide the commission with the current information as the446commission deems necessary to contact and communicate with the447company,and shall continue to pay intrastate switched network 448 access rates or other intercarrier compensation to the local 449 exchange telecommunications company or the competitive local 450 exchange telecommunications company for the origination and 451 termination of interexchange telecommunications service. 452 (14)(15)“Telecommunications facility” includes real 453 estate, easements, apparatus, property, and routes used and 454 operated to provide two-way telecommunications service to the 455 public for hire within this state. 456 (15)(16)“VoIP” means any service that: 457 (a) Enables real-time, two-way voice communications that 458 originate from or terminate to the user’s location in Internet 459 Protocol or any successor protocol; 460 (b) Uses a broadband connection from the user’s location; 461 and 462 (c) Permits users generally to receive calls that originate 463 on the public switched telephone network and to terminate calls 464 to the public switched telephone networkthe voice-over-Internet465protocol as that term is defined in federal law. 466 Section 7. Section 364.025, Florida Statutes, is repealed. 467 Section 8. Section 364.0251, Florida Statutes, is repealed. 468 Section 9. Section 364.0252, Florida Statutes, is repealed. 469 Section 10. Section 364.04, Florida Statutes, is amended to 470 read: 471 364.04 Schedules of rates, tolls, rentals, and charges; 472 filing; public inspection.— 473 (1) Every telecommunications company shall publish through 474 electronic or physical media schedules showing the rates, tolls, 475 rentals, and charges of that company for service to be offered 476performedwithin the state. The commission shall have no 477 jurisdiction over the content or form or format of such 478 published schedules. A telecommunications company may, as an 479 option, file the published schedules with the commission or 480 publish its schedules through other reasonably publicly 481 accessible means, including on a website. A telecommunications 482 company that does not file its schedules with the commission 483 shall inform its customers where a customer may view the 484 telecommunications company’s schedules. 485 (2) This chapter does not prohibit a telecommunications 486 company from: 487 (a) Entering into contracts establishing rates, tolls, 488 rentals, and charges that differ from its published schedules or 489 offering services that are not included in its published 490 schedules; or 491 (b) Meeting competitive offerings in a specific geographic 492 market or to a specific customer. 493 (3) This section does not apply to the rates, terms, and 494 conditions established pursuant to 47 U.S.C. ss. 251 and 252. 495The schedules shall plainly state the places telecommunications496service will be rendered and shall also state separately all497charges and all privileges or facilities granted or allowed and498any rules or regulations or forms of contract which may in499anywise change, affect, or determine any of the aggregate of the500rates, tolls, rentals, or charges for the service rendered. 501 Section 11. Section 364.051, Florida Statutes, is repealed. 502 Section 12. Section 364.052, Florida Statutes, is repealed. 503 Section 13. Section 364.057, Florida Statutes, is repealed. 504 Section 14. Section 364.058, Florida Statutes, is repealed. 505 Section 15. Section 364.059, Florida Statutes, is repealed. 506 Section 16. Section 364.06, Florida Statutes, is repealed. 507 Section 17. Section 364.063, Florida Statutes, is repealed. 508 Section 18. Section 364.07, Florida Statutes, is repealed. 509 Section 19. Section 364.08, Florida Statutes, is repealed. 510 Section 20. Section 364.10, Florida Statutes, is amended to 511 read: 512 364.10Undue advantage to person or locality prohibited;513 Lifeline service.— 514(1) A telecommunications company may not make or give any515undue or unreasonable preference or advantage to any person or516locality or subject any particular person or locality to any517undue or unreasonable prejudice or disadvantage in any respect518whatsoever.519 (1)(2)(a)The prohibitions of subsection (1)520notwithstanding,An eligible telecommunications carrier shall 521 provide a Lifeline Assistance Plan to qualified residential 522 subscribers, as defined in the eligible telecommunications 523 carrier’s published schedulesa commission-approved tariff or524price list, and a preferential rate to eligible facilities as525provided for in part II. For the purposes of this section, the 526 term “eligible telecommunications carrier” means a 527 telecommunications company, as defined by s. 364.02, which is 528 designated as an eligible telecommunications carrier by the 529 commission pursuant to 47 C.F.R. s. 54.201. 530 (b) An eligible telecommunications carrier shall offer a 531 consumer who applies for or receives Lifeline service the option 532 of blocking all toll calls or, if technically capable, placing a 533 limit on the number of toll calls a consumer can make. The 534 eligible telecommunications carrier may not charge the consumer 535 an administrative charge or other additional fee for blocking 536 the service. 537 (c) An eligible telecommunications carrier may not collect 538 a service deposit in order to initiate Lifeline service if the 539 qualifying low-income consumer voluntarily elects toll blocking 540 or toll limitation. If the qualifying low-income consumer elects 541 not to place toll blocking on the line, an eligible 542 telecommunications carrier may charge a service deposit. 543 (d) An eligible telecommunications carrier may not charge 544 Lifeline subscribers a monthly number-portability charge. 545 (e)1. An eligible telecommunications carrier must notify a 546 Lifeline subscriber of impending termination of Lifeline service 547 if the company has a reasonable basis for believing that the 548 subscriber no longer qualifies. Notification of pending 549 termination must be in the form of a letter that is separate 550 from the subscriber’s bill. 551 2. An eligible telecommunications carrier shall allow a 552 subscriber 60 days following the date of the pending termination 553 letter to demonstrate continued eligibility. The subscriber must 554 present proof of continued eligibility. An eligible 555 telecommunications carrier may transfer a subscriber off of 556 Lifeline service, pursuant to its tariff, if the subscriber 557 fails to demonstrate continued eligibility. 558 3. The commission shall establish procedures for such 559 notification and termination. 560 (f) An eligible telecommunications carrier shall timely 561 credit a consumer’s bill with the Lifeline Assistance credit as 562 soon as practicable, but no later than 60 days following receipt 563 of notice of eligibility from the Office of Public Counsel or 564 proof of eligibility from the consumer. 565 (2)(3)(a) Each local exchange telecommunications company 566 that has more than 1 million access lines and that is designated 567 as an eligible telecommunications carrier shall, and any 568 commercial mobile radio service provider designated as an 569 eligible telecommunications carrier pursuant to 47 U.S.C. s. 570 214(e) may, upon filing a notice of election to do so with the 571 commission, provide Lifeline service to any otherwise eligible 572 customer or potential customer who meets an income eligibility 573 test at 150 percent or less of the federal poverty income 574 guidelines for Lifeline customers. Such a test for eligibility 575 must augment, rather than replace, the eligibility standards 576 established by federal law and based on participation in certain 577 low-income assistance programs. Each intrastate interexchange 578 telecommunications company shall file or publish a schedule 579 providing at a minimum the intrastate interexchange 580 telecommunications company’scarrier’scurrent Lifeline benefits 581 and exemptions to Lifeline customers who meet the income 582 eligibility test set forth in this subsection. The Office of 583 Public Counsel shall certify and maintain claims submitted by a 584 customer for eligibility under the income test authorized by 585 this subsection. 586 (b) Each eligible telecommunications carrier subject to 587 this subsection shall provide to each state and federal agency 588 providing benefits to persons eligible for Lifeline service 589 applications, brochures, pamphlets, or other materials that 590 inform the persons of their eligibility for Lifeline, and each 591 state agency providing the benefits shall furnish the materials 592 to affected persons at the time they apply for benefits. 593(c) Any local exchange telecommunications company customer594receiving Lifeline benefits shall not be subject to any595residential basic local telecommunications service rate596increases authorized by s.364.164until the local exchange597telecommunications company reaches parity as defined in s.598364.164(5) or until the customer no longer qualifies for the599Lifeline benefits established by this section or s.364.105, or600unless otherwise determined by the commission upon petition by a601local exchange telecommunications company.602 (c)(d)An eligible telecommunications carrier may not 603 discontinue basic local telecommunicationsexchange telephone604 service to a subscriber who receives Lifeline service because of 605 nonpayment by the subscriber of charges for nonbasic services 606 billed by the telecommunications company, including long 607 distance service. A subscriber who receives Lifeline service 608 shall pay all applicable basic local telecommunicationsexchange609 service fees, including the subscriber line charge, E-911, 610 telephone relay system charges, and applicable state and federal 611 taxes. 612 (d)(e)An eligible telecommunications carrier may not 613 refuse to connect, reconnect, or provide Lifeline service 614 because of unpaid toll charges or nonbasic charges other than 615 basic local telecommunicationsexchangeservice. 616 (e)(f)An eligible telecommunications carrier may require 617 that payment arrangements be made for outstanding debt 618 associated with basic local telecommunicationsexchangeservice, 619 subscriber line charges, E-911, telephone relay system charges, 620 and applicable state and federal taxes. 621 (f)(g)An eligible telecommunications carrier may block a 622 Lifeline service subscriber’s access to all long-distance 623 service, except for toll-free numbers, and may block the ability 624 to accept collect calls when the subscriber owes an outstanding 625 amount for long-distance service or amounts resulting from 626 collect calls. However, the eligible telecommunications carrier 627 may not impose a charge for blocking long-distance service. The 628 eligible telecommunications carrier shall remove the block at 629 the request of the subscriber without additional cost to the 630 subscriber upon payment of the outstanding amount. An eligible 631 telecommunications carrier may charge a service deposit before 632 removing the block. 633 (g)(h)1. By December 31, 2010, each state agency that 634 provides benefits to persons eligible for Lifeline service shall 635 undertake, in cooperation with the Department of Children and 636 Family Services, the Department of Education, the commission, 637 the Office of Public Counsel, and telecommunications companies 638 designated eligible telecommunications carriers providing 639 Lifeline services, the development of procedures to promote 640 Lifeline participation. The departments, the commission, and the 641 Office of Public Counsel may exchange sufficient information 642 with the appropriate eligible telecommunications carriers and 643 any commercial mobile radio service provider electing to provide 644 Lifeline service under paragraph (a), such as a person’s name, 645 date of birth, service address, and telephone number, so that 646 the carriers can identify and enroll an eligible person in the 647 Lifeline and Link-Up programs. The information remains 648 confidential pursuant to s. 364.107 and may only be used for 649 purposes of determining eligibility and enrollment in the 650 Lifeline and Link-Up programs. 651 2. If any state agency determines that a person is eligible 652 for Lifeline services, the agency shall immediately forward the 653 information to the commission to ensure that the person is 654 automatically enrolled in the program with the appropriate 655 eligible telecommunications carrier. The state agency shall 656 include an option for an eligible customer to choose not to 657 subscribe to the Lifeline service. The Public Service Commission 658 and the Department of Children and Family Services shall, no 659 later than December 31, 2007, adopt rules creating procedures to 660 automatically enroll eligible customers in Lifeline service. 661 3. By December 31, 2010, the commission, the Department of 662 Children and Family Services, the Office of Public Counsel, and 663 each eligible telecommunications carrier offering Lifeline and 664 Link-Up services shall convene a Lifeline Workgroup to discuss 665 how the eligible subscriber information in subparagraph 1. will 666 be shared, the obligations of each party with respect to the use 667 of that information, and the procedures to be implemented to 668 increase enrollment and verify eligibility in these programs. 669 (h)(i)The commission shall report to the Governor, the 670 President of the Senate, and the Speaker of the House of 671 Representatives by December 31 each year on the number of 672 customers who are subscribing to Lifeline service and the 673 effectiveness of any procedures to promote participation. 674 (i)(j)The commission shall adopt rules to administer this 675 section. 676 Section 21. Section 364.15, Florida Statutes, is repealed. 677 Section 22. Section 364.16, Florida Statutes, is amended to 678 read: 679 364.16Connection of lines and transfers;Local 680 interconnection, unbundling, and resale; telephone number681portability.— 682 (1) The Legislature finds that the competitive provision of 683 local exchange service requires appropriate continued regulatory 684 oversight of carrier-to-carrier relationships in order to 685 provide for the development of fair and effective competition. 686 (2) It is the intent of the Legislature that in resolving 687 disputes, the commission treat all providers of 688 telecommunications services fairly by preventing anticompetitive 689 behavior, including, but not limited to, predatory pricing. 690 (3) The commission shall, upon request, arbitrate and 691 enforce interconnection agreements pursuant to 47 U.S.C. ss. 251 692 and 252 and the Federal Communications Commission’s orders and 693 regulations implementing those sections. The commission has the 694 authority to resolve disputes among carriers concerning 695 violations of this chapter and under the authority conferred by 696 federal law to resolve such disputes, including, but not limited 697 to, federal law addressing resale of services, local 698 interconnection, unbundling, number portability, dialing parity, 699 access to rights-of-way, access to poles and conduits, and 700 reciprocal compensation. However, this section does not confer 701 jurisdiction on the commission for services that are exempt from 702 commission jurisdiction under s. 364.011 or s. 364.013. 703 Additionally, a competitive local exchange telecommunications 704 company is entitled to interconnection with a local exchange 705 telecommunications company to transmit and route voice traffic 706 between both the competitive local exchange telecommunications 707 company and the local exchange telecommunications company 708 regardless of the technology by which the voice traffic is 709 originated by and terminated to an end user. The commission 710 shall afford the competitive local exchange telecommunications 711 company all substantive and procedural rights available to such 712 companies regarding interconnection under the law. 713 (4) A telecommunications company may not knowingly deliver 714 traffic, for which terminating access service charges would 715 otherwise apply, through a local interconnection arrangement 716 without paying the appropriate charges for such terminating 717 access service. Any party having a substantial interest may 718 petition the commission for an investigation of any suspected 719 violation of this subsection. If a telecommunications company 720 knowingly violates this subsection, the commission has 721 jurisdiction to arbitrate bona fide complaints arising from the 722 requirements of this subsection and shall, upon such complaint, 723 have access to all relevant customer records and accounts of any 724 telecommunications company. 725 (5) The commission shall adopt rules to prevent the 726 unauthorized changing of a subscriber’s telecommunications 727 service. Such rules shall be consistent with the 728 Telecommunications Act of 1996, provide for specific 729 verification methodologies, provide for the notification to 730 subscribers of the ability to freeze the subscriber’s choice of 731 carriers at no charge, allow for a subscriber’s change to be 732 considered valid if verification was performed consistent with 733 commission rules, provide remedies for violations of the rules, 734 and allow for the imposition of other penalties available under 735 this chapter. The commission shall resolve on an expedited basis 736 any complaints of anticompetitive behavior concerning a local 737 preferred carrier freeze. The telecommunications company that is 738 asserting the existence of a local preferred carrier freeze, 739 which is the subject of a complaint, has the burden of proving 740 through competent evidence that the subscriber did in fact 741 request the freeze. 742 (6) Upon petition, the commission may conduct a limited or 743 expedited proceeding to consider and act upon any matter under 744 this section. The commission shall determine the issues to be 745 considered during such a proceeding and may grant or deny any 746 request to expand the scope of the proceeding to include other 747 matters. The commission shall implement an expedited process to 748 facilitate the quick resolution of disputes between 749 telecommunications companies. The process implemented by the 750 commission shall, to the greatest extent feasible, minimize the 751 time necessary to reach a decision on a dispute. The commission 752 may limit the use of the expedited process based on the number 753 of parties, the number of issues, or the complexity of the 754 issues. For any proceeding conducted pursuant to the expedited 755 process, the commission shall make its determination within 120 756 days after a petition is filed or a motion is made. The 757 commission shall adopt rules to administer this subsection. 758(1) Whenever the commission finds that connections between759any two or more local exchange telecommunications companies,760whose lines form a continuous line of communication or could be761made to do so by the construction and maintenance of suitable762connections at common points, can reasonably be made and763efficient service obtained, and that such connections are764necessary, the commission may require such connections to be765made, may require that telecommunications services be766transferred, and may prescribe through lines and joint rates and767charges to be made, used, observed, and in force in the future768and fix the rates and charges by order to be served upon the769company or companies affected.770(2) Each competitive local exchange telecommunications771company shall provide access to, and interconnection with, its772telecommunications services to any other provider of local773exchange telecommunications services requesting such access and774interconnection at nondiscriminatory prices, terms, and775conditions. If the parties are unable to negotiate mutually776acceptable prices, terms, and conditions after 60 days, either777party may petition the commission and the commission shall have778120 days to make a determination after proceeding as required by779s.364.162(2) pertaining to interconnection services.780(3) Each local exchange telecommunications company shall781provide access to, and interconnection with, its782telecommunications facilities to any other provider of local783exchange telecommunications services requesting such access and784interconnection at nondiscriminatory prices, rates, terms, and785conditions established by the procedures set forth in s.786364.162.787(a) No local exchange telecommunications company or788competitive local exchange telecommunications company shall789knowingly deliver traffic, for which terminating access service790charges would otherwise apply, through a local interconnection791arrangement without paying the appropriate charges for such792terminating access service.793(b) Any party with a substantial interest may petition the794commission for an investigation of any suspected violation of795paragraph (a). In the event any certificated local exchange796service provider knowingly violates paragraph (a), the797commission shall have jurisdiction to arbitrate bona fide798complaints arising from the requirements of this subsection and799shall, upon such complaint, have access to all relevant customer800records and accounts of any telecommunications company.801 (7)(4)In order to ensureassurethat consumers have access 802 to different local exchange service providers without being 803 disadvantaged, deterred, or inconvenienced by having to give up 804 the consumer’s existing local telephone number, the commission 805 must make sure that all providers of local exchange services 806musthave access to local telephone numbering resources and 807 assignments on equitable terms that include a recognition of the 808 scarcity of such resources and that are in accordance with 809 national assignment guidelines.Each local exchange provider,810except small local exchange telecommunications companies under811rate of return regulation, shall provide a temporary means of812achieving telephone number portability. The parties, under the813direction of the commission, shall set up a number portability814standards group by no later than September 1, 1995, for the815purposes of investigation and development of appropriate816parameters, costs, and standards for number portability. If the817parties are unable to successfully negotiate the prices, terms,818and conditions of a temporary number portability solution, the819commission shall establish a temporary number portability820solution by no later than January 1, 1996. Each local exchange821service provider shall make necessary modifications to allow822permanent portability of local telephone numbers between823certificated providers of local exchange service as soon as824reasonably possible after the development of national standards.825The parties shall negotiate the prices, terms, and conditions826for permanent telephone number portability arrangements. In the827event the parties are unable to satisfactorily negotiate the828prices, terms, and conditions, either party may petition the829commission and the commission shall, after opportunity for a830hearing, set the rates, terms, and conditions. The prices and831rates shall not be below cost. Number portability between832different certificated providers of local exchange service at833the same location shall be provided temporarily no later than834January 1, 1996.835 (8)(5)When requested, each certificated telecommunications 836 company shall provide access to any poles, conduits, rights-of 837 way, and like facilities that it owns or controls to any local 838 exchange telecommunications company or competitive local 839 exchange telecommunications company pursuant to reasonable rates 840 and conditions mutually agreed to which do not discriminate 841 between similarly situated companies. 842 Section 23. Section 364.161, Florida Statutes, is repealed. 843 Section 24. Section 364.162, Florida Statutes, is repealed. 844 Section 25. Section 364.163, Florida Statutes, is amended 845 to read: 846 364.163 Network access services.—For purposes of this 847 section, the term “network access service” is defined as any 848 service provided by a local exchange telecommunications company 849 to a telecommunications company certificated under this chapter 850 or licensed by the Federal Communications Commission to access 851 the local exchange telecommunications network, excludingthe852 local interconnection, resale, or unbundling pursuant to 853arrangements ins. 364.16and the resale arrangements in s.854364.161. Each local exchange telecommunications companysubject855to s.364.051shall maintain tariffs with the commission 856 containing the terms, conditions, and rates for each of its 857 network access services. The switched network access service 858 rates in effect immediately prior to July 1, 2007, shall be, and 859 shall remain, capped at that level until July 1, 2010. An 860 interexchange telecommunications company may not institute any 861 intrastate connection fee or any similarly named fee. 862 Section 26. Section 364.183, Florida Statutes, is amended 863 to read: 864 364.183 Access to company records.— 865 (1) The commission shall have access to all records of a 866 telecommunications company whichthatare reasonably necessary 867 for the disposition of matters within the commission’s 868 jurisdiction.The commission shall also have access to those869records of a local exchange telecommunications company’s870affiliated companies, including its parent company, that are871reasonably necessary for the disposition of any matter872concerning an affiliated transaction or a claim of873anticompetitive behavior including claims of cross-subsidization874and predatory pricing. The commission may require a875telecommunications company to file records, reports or other876data directly related to matters within the commission’s877jurisdiction in the form specified by the commission and may878require such company to retain such information for a designated879period of time. Upon request of the company or other person, any 880 records received by the commission which are claimed by the 881 company or other person to be proprietary confidential business 882 information shall be kept confidential and shall be exempt from 883 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 884 (2) Discovery in any docket or proceeding before the 885 commission shall be in the manner provided for in Rule 1.280 of 886 the Florida Rules of Civil Procedure. Upon a showing by a 887 company or other person and a finding by the commission that 888 discovery will require the disclosure of proprietary 889 confidential business information, the commission shall issue an 890 appropriate protective order designating the manner for handling 891 such information during the course of the proceeding and for 892 protecting such information from disclosure outside the 893 proceeding. Such proprietary confidential business information 894 shall be exempt from s. 119.07(1). Any records provided pursuant 895 to a discovery request for which proprietary confidential 896 business information status is requested shall be treated by the 897 commission and the Office of the Public Counsel and any other 898 party subject to the public records law as confidential and 899 shall be exempt from s. 119.07(1), pending a formal ruling on 900 such request by the commission or the return of the records to 901 the person providing the records. Any record which has been 902 determined to be proprietary confidential business information 903 and is not entered into the official record of the proceeding 904 shall be returned to the person providing the record within 60 905 days after the final order, unless the final order is appealed. 906 If the final order is appealed, any such record shall be 907 returned within 30 days after the decision on appeal. The 908 commission shall adopt the necessary rules to implement this 909 subsection. 910 (3) The term “proprietary confidential business 911 information” means information, regardless of form or 912 characteristics, which is owned or controlled by the person or 913 company, is intended to be and is treated by the person or 914 company as private in that the disclosure of the information 915 would cause harm to the ratepayers or the person’s or company’s 916 business operations, and has not been disclosed unless disclosed 917 pursuant to a statutory provision, an order of a court or 918 administrative body, or private agreement that provides that the 919 information will not be released to the public. The term 920 includes, but is not limited to: 921 (a) Trade secrets. 922 (b) Internal auditing controls and reports of internal 923 auditors. 924 (c) Security measures, systems, or procedures. 925 (d) Information concerning bids or other contractual data, 926 the disclosure of which would impair the efforts of the company 927 or its affiliates to contract for goods or services on favorable 928 terms. 929 (e) Information relating to competitive interests, the 930 disclosure of which would impair the competitive business of the 931 provider of information. 932 (f) Employee personnel information unrelated to 933 compensation, duties, qualifications, or responsibilities. 934 (4) Any finding by the commission that a record contains 935 proprietary confidential business information is effective for a 936 period set by the commission not to exceed 18 months, unless the 937 commission finds, for good cause, that the protection from 938 disclosure shall be for a specified longer period. The 939 commission shall order the return of a record containing 940 proprietary confidential business information when such record 941 is no longer necessary for the commission to conduct its 942 business. At that time, the commission shall order any other 943 person holding such record to return it to the person providing 944 the record. Any record containing proprietary confidential 945 business information which has not been returned at the 946 conclusion of the period set pursuant to this subsection shall 947 no longer be exempt from s. 119.07(1) unless the 948 telecommunications company or affected person shows, and the 949 commission finds, that the record continues to contain 950 proprietary confidential business information. Upon such 951 finding, the commission may extend the period for confidential 952 treatment for a period not to exceed 18 months unless the 953 commission finds, for good cause, that the protection from 954 disclosure shall be for a specified longer period. During 955 commission consideration of an extension, the record in question 956 remains exempt from s. 119.07(1). The commission shall adopt 957 rules to implement this subsection, which shall include notice 958 to the telecommunications company or affected person regarding 959 the expiration of confidential treatment. 960 Section 27. Section 364.185, Florida Statutes, is repealed. 961 Section 28. Section 364.19, Florida Statutes, is repealed. 962 Section 29. Section 364.27, Florida Statutes, is repealed. 963 Section 30. Section 364.33, Florida Statutes, is amended to 964 read: 965 364.33 Certificate of necessity or authorityprerequisite966to construction, operation, or control of telecommunications967facilities.—Except for a transfer of a certificate of necessity968from one person to another or to the parent or affiliate of a969certificated person as provided in this section,A person may 970 not providebegin the construction or operation of any971 telecommunications services to the public without a certificate 972 of necessity or a certificate of authority. After July 1, 2011, 973 the commission shall cease to issue certificates of necessity, 974 but existing certificates of necessity remain valid. A 975 certificate of necessity or authority may be transferred to the 976 holder’s parent company or an affiliate or another person 977 holding a certificate of necessity or authority, its parent 978 company, or an affiliate without prior approval of the 979 commission by giving written notice of the transfer to the 980 commission within 60 days after the completion of the transfer. 981 The transferee assumes the rights and obligations conferred by 982 the certificate. This section does not affect any obligation of 983 the transferee pursuant to 47 U.S.C. ss. 251 and 252 and the 984 Federal Communications Commission’s orders and regulations 985 implementing those sections.facility, or any extension thereof986for the purpose of providing telecommunications services to the987public, or acquire ownership or control thereof, in whatever988manner, including the acquisition, transfer, or assignment of989majority organizational control or controlling stock ownership,990without prior approval. A certificate of necessity or control991thereof may be transferred from a person holding a certificate,992its parent or an affiliate to another person holding a993certificate, its parent or an affiliate, and a person holding a994certificate, its parent or an affiliate may acquire ownership or995control of a telecommunications facility through the996acquisition, transfer, or assignment of majority organizational997control or controlling stock ownership of a person holding a998certificate without prior approval of the commission by giving99960 days’ written notice of the transfer or change of control to1000the commission and affected customers. This section does not1001require approval by the commission prior to the construction,1002operation, or extension of a facility by a certificated company1003within its certificated area nor in any way limit the1004commission’s ability to review the prudence of such construction1005programs for ratemaking as provided under this chapter.1006 Section 31. Section 364.335, Florida Statutes, is amended 1007 to read: 1008 364.335 Application for certificate of authority.— 1009 (1) Each applicant for a certificate of authority shall: 1010 (a) Provide the following information: 1011 1. The applicant’s official name and, if different, any 1012 name under which the applicant will do business. 1013 2. The street address of the principal place of business of 1014 the applicant. 1015 3. The federal employer identification number or the 1016 Department of State’s document number. 1017 4. The name, address, and telephone number of an officer, 1018 partner, owner, member, or manager as a contact person for the 1019 applicant to whom questions or concerns may be addressed. 1020 5. Information demonstrating the applicant’s managerial, 1021 technical, and financial ability to provide telecommunications 1022 service, including an attestation to the accuracy of the 1023 information provided.provide all information required by rule1024or order of the commission, which may include a detailed inquiry1025into the ability of the applicant to provide service, a detailed1026inquiry into the territory and facilities involved, and a1027detailed inquiry into the existence of service from other1028sources within geographical proximity to the territory applied1029for.1030(b) File with the commission schedules showing all rates1031for service of every kind furnished by it and all rules and1032contracts relating to such service.1033 (b)(c)File the application fee required by the commission 1034 in an amount not to exceed $500. Such fees shall be deposited in 1035 accordance with s. 350.113. 1036(d) Submit an affidavit that the applicant has caused1037notice of its application to be given to such persons and in1038such manner as may be prescribed by commission rule.1039 (2) The commission shall grant a certificate of authority 1040 to provide telecommunications service upon a showing that the 1041 applicant has sufficient technical, financial, and managerial 1042 capability to provide such service in the geographic area 1043 proposed to be served. The applicant shall ensure continued 1044 compliance with applicable business formation, registration, and 1045 taxation provisions of law.If the commission grants the1046requested certificate, any person who would be substantially1047affected by the requested certification may, within 21 days1048after the granting of such certificate, file a written objection1049requesting a proceeding pursuant to ss.120.569and120.57. The1050commission may, on its own motion, institute a proceeding under1051ss.120.569and120.57to determine whether the grant of such1052certificate is in the public interest. The commission shall1053order such proceeding conducted in or near the territory applied1054for, if feasible. If any person requests a public hearing on the1055application, such hearing shall, if feasible, be held in or near1056the territory applied for, and the transcript of the public1057hearing and any material submitted at or prior to the hearing1058shall be considered part of the record of the application and1059any proceeding related to the application.1060 (3) A certificate of authority may be terminated by the 1061 telecommunications company by submitting notice to the 1062 commission.The commission may grant a certificate, in whole or1063in part or with modifications in the public interest, but in no1064event granting authority greater than that requested in the1065application or amendments thereto and noticed under subsection1066(1); or it may deny a certificate. The commission may grant1067certificates for proposed telecommunications companies, or for1068the extension of an existing telecommunications company, without1069regard to whether such companies will be in competition with or1070duplicate the local exchange services provided by any other1071telecommunications company. The commission may also grant a1072certificate for a proposed telecommunications company, or for1073the extension of an existing telecommunications company, which1074will be providing either competitive or duplicative pay1075telephone service pursuant to the provisions of s.364.3375, or1076private line service by a certified alternative access vendor1077pursuant to s.364.337(6). Pay telephone service shall include1078that telephone service using telephones that are capable of1079accepting payment by specie, paper money, or credit cards.1080 (4) Except as provided in s. 364.33, revocation, 1081 suspension, transfer, or amendment of a certificate shall be 1082 subject to the provisions of this section; except that, when the1083commission initiates the action, the commission shall furnish1084notice to the appropriate local government and to the Public1085Counsel. 1086 Section 32. Section 364.337, Florida Statutes, is repealed. 1087 Section 33. Section 364.3375, Florida Statutes, is amended 1088 to read: 1089 364.3375 Pay telephone service providers.— 1090 (1)(a) ANoperson may notshallprovide pay telephone 1091 service without first obtaining from the commission a 1092 certificate of authority or necessitypublic convenience and1093necessityto provide such service, except that the certification 1094 provisions of this subsection do not apply to a local exchange 1095 telecommunications company providing pay telephone service. 1096 (b) In granting such certificate the commission, if it 1097 finds that the action is consistent with the public interest, 1098 may exempt a pay telephone provider from some or all of the 1099 requirements of this chapter. However, the commission may exempt 1100 a pay telephone provider from this section only to prevent fraud 1101 or if it finds the exemption to be in the public interest. 1102 (c) A certificate authorizes the pay telephone provider to 1103 provide services statewide and to provide access to both local 1104 and intrastate interexchange pay telephone service, except that 1105 the commission may limit the type of calls that can be handled. 1106 (2) Each pay telephone station shall: 1107 (a) Receive and permit coin-free access to the universal 1108 emergency telephone number “911” where operable or to a local 1109 exchange company toll operator. 1110 (b) Receive and provide coin-free or coin-return access to 1111 local directory assistance and the telephone number of the 1112 person responsible for repair service. 1113 (c) Designate a party responsible for processing refunds to 1114 customers. 1115 (d) Be equipped with a legible sign, card, or plate of 1116 reasonable permanence which provides information determined by 1117 the commission, by rule, to adequately inform the end user. 1118 (e) Be eligible to subscribe to flat-rate, single-line 1119 business local exchange services. 1120 (3) Each pay telephone station which provides access to any 1121 interexchange telecommunications company shall provide access to 1122 all locally available interexchange telecommunications companies 1123 and shall provide for the completion of international telephone 1124 calls under terms and conditions as determined by the 1125 commission. The commission may grant limited waivers of this 1126 provision to pay telephone companiesor operator service1127providersto prevent fraud or as otherwise determined in the 1128 public interest. 1129(4) A pay telephone provider may charge, as a maximum rate1130for local coin calls, a rate equivalent to the local coin rate1131of the local exchange telecommunications company.1132(5) A pay telephone provider shall not obtain services from1133an operator service provider unless such operator service1134provider has obtained a certificate of public convenience and1135necessity from the commission pursuant to the provisions of s.1136364.3376.1137 Section 34. Section 364.3376, Florida Statutes, is 1138 repealed. 1139 Section 35. Section 364.3381, Florida Statutes, is 1140 repealed. 1141 Section 36. Section 364.3382, Florida Statutes, is 1142 repealed. 1143 Section 37. Section 364.339, Florida Statutes, is repealed. 1144 Section 38. Section 364.345, Florida Statutes, is repealed. 1145 Section 39. Section 364.37, Florida Statutes, is repealed. 1146 Section 40. Section 364.385, Florida Statutes, is amended 1147 to read: 1148 364.385 Saving clauses.— 1149(1) This act does not invalidate any certificate or cause1150to be unlawful any rate which has been previously approved and1151which is lawfully being charged and collected immediately prior1152to July 1, 1995. However, such rate may not be changed, and a1153certificate may not be modified, suspended, or revoked, on or1154after July 1, 1995, except in accordance with the provisions of1155this act.1156(2) All applications for extended area service, routes, or1157extended calling service pending before the commission on March11581, 1995, shall be governed by the law as it existed prior to1159July 1, 1995. Upon the approval of the application, the extended1160area service, routes, or extended calling service shall be1161considered basic services and shall be regulated as provided in1162s.364.051. Proceedings including judicial review pending on1163July 1, 1995, shall be governed by the law as it existed prior1164to the date on which this section becomes a law. No new1165proceedings governed by the law as it existed prior to July 1,11661995, shall be initiated after July 1, 1995. Any administrative1167adjudicatory proceeding which has not progressed to the stage of1168a hearing by July 1, 1995, may, with the consent of all parties1169and the commission, be conducted in accordance with the law as1170it existed prior to January 1, 1996.1171(3) Florida Public Service Commission Order No. PSC 9411720172-FOF-TL shall remain in effect, and BellSouth1173Telecommunications, Inc., shall fully comply with that order1174unless modified by the Florida Public Service Commission1175pursuant to the terms of that order. The order may not be1176modified to extend beyond December 31, 1997, except that the1177Florida Public Service Commission shall retain jurisdiction and1178all parties shall retain their rights under the agreement after1179December 31, 1997, solely for the purpose of effectuating the1180provisions of the order applicable to periods prior to January11811, 1998. The depreciation rates approved by the Florida Public1182Service Commission and in effect as of December 31, 1994, shall1183be used to calculate the earnings available for sharing for1184periods prior to January 1, 1998.1185(4)The rates and charges forbasic local1186telecommunications service andnetwork access service approved 1187 by the commission in accordance with the decisions set forth in 1188 Order Nos. PSC 03-1469-FOF-TL and PSC 04-0456-FOF-TL, and which 1189 are in effect immediately prior to July 1, 2007, shall remain in 1190 effect and such rates and charges may not be changed after the 1191 effective date of this act, except in accordance with the 1192 provisions of s. 364.163ss.364.051and364.163. 1193 Section 41. Section 364.386, Florida Statutes, is amended 1194 to read: 1195 364.386 Reports to the Legislature.— 1196 (1)(a) The commission shall submit to the President of the 1197 Senate, the Speaker of the House of Representatives, and the 1198 majority and minority leaders of the Senate and the House of 1199 Representatives, on August 1, 2008, and on an annual basis 1200 thereafter, a report on the status of competition in the 1201 telecommunications industry and a detailed exposition of the 1202 following: 12031. The overall impact of local exchange telecommunications1204competition on the continued availability of universal service.1205 1.2.The ability of competitive providers to make 1206 functionally equivalent local exchange services available to 1207 both residential and business customers at competitive rates, 1208 terms, and conditions. 1209 2.3.The ability of consumers to obtain functionally 1210 equivalent services at comparable rates, terms, and conditions. 1211 3.4.The overall impact of competitionpriceregulationon 1212 the maintenance of reasonably affordable and reliable high 1213 quality telecommunications services. 1214 4.5.A listing and short description of any carrier 1215 disputes filed under s. 364.16.What additional services, if1216any, should be included in the definition of basic local1217telecommunications services, taking into account advances in1218technology and market demand.12196. Any other information and recommendations which may be1220in the public interest.1221 (b) The commission shall make an annual request to 1222 providers of local exchange telecommunications services on or 1223 before March 1, 2008, and on or before March 1 of each year 1224 thereafter, for the data it requires to complete the report. A 1225 provider of local exchange telecommunications services shall 1226 file its response with the commission on or before April 15, 1227 2008, and on or before April 15 of each year thereafter. 1228 (2)In lieu ofThe quantitative part of the information 1229 requested in the commission’s annual data request shall be 1230 limited to, a provider of local exchange telecommunications1231services may file the following:1232(a)a copy of the FCC Form 477 filed by a provider of local 1233 exchange telecommunications service with the Federal 1234 Communications Commission, which must identify Florida-specific 1235 access line data or similar information if an FCC Form 477 is 1236 not available.; and1237(b) Provisioned Florida access line data identified by1238telephone exchange location.1239(3) The Office of Public Counsel is also directed to submit1240a report on competition in the telecommunications industry and1241on how the price regulation provisions of s.364.051have1242benefited the ratepayers and consumers of this state and any1243other information and recommendations which may be in the public1244interest.1245 Section 42. Section 364.501, Florida Statutes, is repealed. 1246 Section 43. Section 364.503, Florida Statutes, is repealed. 1247 Section 44. Section 364.506, Florida Statutes, is repealed. 1248 Section 45. Section 364.507, Florida Statutes, is repealed. 1249 Section 46. Section 364.508, Florida Statutes, is repealed. 1250 Section 47. Section 364.515, Florida Statutes, is repealed. 1251 Section 48. Section 364.516, Florida Statutes, is repealed. 1252 Section 49. Section 364.601, Florida Statutes, is repealed. 1253 Section 50. Section 364.602, Florida Statutes, is repealed. 1254 Section 51. Section 364.603, Florida Statutes, is repealed. 1255 Section 52. Section 364.604, Florida Statutes, is repealed. 1256 Section 53. Subsection (6) of section 196.012, Florida 1257 Statutes, is amended to read: 1258 196.012 Definitions.—For the purpose of this chapter, the 1259 following terms are defined as follows, except where the context 1260 clearly indicates otherwise: 1261 (6) Governmental, municipal, or public purpose or function 1262 shall be deemed to be served or performed when the lessee under 1263 any leasehold interest created in property of the United States, 1264 the state or any of its political subdivisions, or any 1265 municipality, agency, special district, authority, or other 1266 public body corporate of the state is demonstrated to perform a 1267 function or serve a governmental purpose which could properly be 1268 performed or served by an appropriate governmental unit or which 1269 is demonstrated to perform a function or serve a purpose which 1270 would otherwise be a valid subject for the allocation of public 1271 funds. For purposes of the preceding sentence, an activity 1272 undertaken by a lessee which is permitted under the terms of its 1273 lease of real property designated as an aviation area on an 1274 airport layout plan which has been approved by the Federal 1275 Aviation Administration and which real property is used for the 1276 administration, operation, business offices and activities 1277 related specifically thereto in connection with the conduct of 1278 an aircraft full service fixed base operation which provides 1279 goods and services to the general aviation public in the 1280 promotion of air commerce shall be deemed an activity which 1281 serves a governmental, municipal, or public purpose or function. 1282 Any activity undertaken by a lessee which is permitted under the 1283 terms of its lease of real property designated as a public 1284 airport as defined in s. 332.004(14) by municipalities, 1285 agencies, special districts, authorities, or other public bodies 1286 corporate and public bodies politic of the state, a spaceport as 1287 defined in s. 331.303, or which is located in a deepwater port 1288 identified in s. 403.021(9)(b) and owned by one of the foregoing 1289 governmental units, subject to a leasehold or other possessory 1290 interest of a nongovernmental lessee that is deemed to perform 1291 an aviation, airport, aerospace, maritime, or port purpose or 1292 operation shall be deemed an activity that serves a 1293 governmental, municipal, or public purpose. The use by a lessee, 1294 licensee, or management company of real property or a portion 1295 thereof as a convention center, visitor center, sports facility 1296 with permanent seating, concert hall, arena, stadium, park, or 1297 beach is deemed a use that serves a governmental, municipal, or 1298 public purpose or function when access to the property is open 1299 to the general public with or without a charge for admission. If 1300 property deeded to a municipality by the United States is 1301 subject to a requirement that the Federal Government, through a 1302 schedule established by the Secretary of the Interior, determine 1303 that the property is being maintained for public historic 1304 preservation, park, or recreational purposes and if those 1305 conditions are not met the property will revert back to the 1306 Federal Government, then such property shall be deemed to serve 1307 a municipal or public purpose. The term “governmental purpose” 1308 also includes a direct use of property on federal lands in 1309 connection with the Federal Government’s Space Exploration 1310 Program or spaceport activities as defined in s. 212.02(22). 1311 Real property and tangible personal property owned by the 1312 Federal Government or Space Florida and used for defense and 1313 space exploration purposes or which is put to a use in support 1314 thereof shall be deemed to perform an essential national 1315 governmental purpose and shall be exempt. “Owned by the lessee” 1316 as used in this chapter does not include personal property, 1317 buildings, or other real property improvements used for the 1318 administration, operation, business offices and activities 1319 related specifically thereto in connection with the conduct of 1320 an aircraft full service fixed based operation which provides 1321 goods and services to the general aviation public in the 1322 promotion of air commerce provided that the real property is 1323 designated as an aviation area on an airport layout plan 1324 approved by the Federal Aviation Administration. For purposes of 1325 determination of “ownership,” buildings and other real property 1326 improvements which will revert to the airport authority or other 1327 governmental unit upon expiration of the term of the lease shall 1328 be deemed “owned” by the governmental unit and not the lessee. 1329 Providing two-way telecommunications services to the public for 1330 hire by the use of a telecommunications facility, as defined in 1331 s. 364.02(14)s.364.02(15), and for which a certificate is 1332 required under chapter 364 does not constitute an exempt use for 1333 purposes of s. 196.199, unless the telecommunications services 1334 are provided by the operator of a public-use airport, as defined 1335 in s. 332.004, for the operator’s provision of 1336 telecommunications services for the airport or its tenants, 1337 concessionaires, or licensees, or unless the telecommunications 1338 services are provided by a public hospital. 1339 Section 54. Paragraph (b) of subsection (1) of section 1340 199.183, Florida Statutes, is amended to read: 1341 199.183 Taxpayers exempt from nonrecurring taxes.— 1342 (1) Intangible personal property owned by this state or any 1343 of its political subdivisions or municipalities shall be exempt 1344 from taxation under this chapter. This exemption does not apply 1345 to: 1346 (b) Property related to the provision of two-way 1347 telecommunications services to the public for hire by the use of 1348 a telecommunications facility, as defined in s. 364.02(14)s.1349364.02(15), and for which a certificate is required under 1350 chapter 364, when the service is provided by any county, 1351 municipality, or other political subdivision of the state. Any 1352 immunity of any political subdivision of the state or other 1353 entity of local government from taxation of the property used to 1354 provide telecommunication services that is taxed as a result of 1355 this paragraph is hereby waived. However, intangible personal 1356 property related to the provision of telecommunications services 1357 provided by the operator of a public-use airport, as defined in 1358 s. 332.004, for the operator’s provision of telecommunications 1359 services for the airport or its tenants, concessionaires, or 1360 licensees, and intangible personal property related to the 1361 provision of telecommunications services provided by a public 1362 hospital, are exempt from taxation under this chapter. 1363 Section 55. Subsection (6) of section 212.08, Florida 1364 Statutes, is amended to read: 1365 212.08 Sales, rental, use, consumption, distribution, and 1366 storage tax; specified exemptions.—The sale at retail, the 1367 rental, the use, the consumption, the distribution, and the 1368 storage to be used or consumed in this state of the following 1369 are hereby specifically exempt from the tax imposed by this 1370 chapter. 1371 (6) EXEMPTIONS; POLITICAL SUBDIVISIONS.—There are also 1372 exempt from the tax imposed by this chapter sales made to the 1373 United States Government, a state, or any county, municipality, 1374 or political subdivision of a state when payment is made 1375 directly to the dealer by the governmental entity. This 1376 exemption shall not inure to any transaction otherwise taxable 1377 under this chapter when payment is made by a government employee 1378 by any means, including, but not limited to, cash, check, or 1379 credit card when that employee is subsequently reimbursed by the 1380 governmental entity. This exemption does not include sales of 1381 tangible personal property made to contractors employed either 1382 directly or as agents of any such government or political 1383 subdivision thereof when such tangible personal property goes 1384 into or becomes a part of public works owned by such government 1385 or political subdivision. A determination whether a particular 1386 transaction is properly characterized as an exempt sale to a 1387 government entity or a taxable sale to a contractor shall be 1388 based on the substance of the transaction rather than the form 1389 in which the transaction is cast. The department shall adopt 1390 rules that give special consideration to factors that govern the 1391 status of the tangible personal property before its affixation 1392 to real property. In developing these rules, assumption of the 1393 risk of damage or loss is of paramount consideration in the 1394 determination. This exemption does not include sales, rental, 1395 use, consumption, or storage for use in any political 1396 subdivision or municipality in this state of machines and 1397 equipment and parts and accessories therefor used in the 1398 generation, transmission, or distribution of electrical energy 1399 by systems owned and operated by a political subdivision in this 1400 state for transmission or distribution expansion. Likewise 1401 exempt are charges for services rendered by radio and television 1402 stations, including line charges, talent fees, or license fees 1403 and charges for films, videotapes, and transcriptions used in 1404 producing radio or television broadcasts. The exemption provided 1405 in this subsection does not include sales, rental, use, 1406 consumption, or storage for use in any political subdivision or 1407 municipality in this state of machines and equipment and parts 1408 and accessories therefor used in providing two-way 1409 telecommunications services to the public for hire by the use of 1410 a telecommunications facility, as defined in s. 364.02(14)s.1411364.02(15), and for which a certificate is required under 1412 chapter 364, which facility is owned and operated by any county, 1413 municipality, or other political subdivision of the state. Any 1414 immunity of any political subdivision of the state or other 1415 entity of local government from taxation of the property used to 1416 provide telecommunication services that is taxed as a result of 1417 this section is hereby waived. However, the exemption provided 1418 in this subsection includes transactions taxable under this 1419 chapter which are for use by the operator of a public-use 1420 airport, as defined in s. 332.004, in providing such 1421 telecommunications services for the airport or its tenants, 1422 concessionaires, or licensees, or which are for use by a public 1423 hospital for the provision of such telecommunications services. 1424 Section 56. Subsection (8) of section 290.007, Florida 1425 Statutes, is amended to read: 1426 290.007 State incentives available in enterprise zones.—The 1427 following incentives are provided by the state to encourage the 1428 revitalization of enterprise zones: 1429 (8) Notwithstanding any law to the contrary, the Public 1430 Service Commission may allow public utilities and 1431 telecommunications companies to grant discounts of up to 50 1432 percent on tariffed rates for services to small businesses 1433 located in an enterprise zone designated pursuant to s. 1434 290.0065. Such discounts may be granted for a period not to 1435 exceed 5 years. For purposes of this subsection, the term 1436 “public utility” has the same meaning as in s. 366.02(1) and the 1437 term “telecommunications company” has the same meaning as in s. 1438 364.02(13)s.364.02(14). 1439 Section 57. Subsection (3) of section 350.0605, Florida 1440 Statutes, is amended to read: 1441 350.0605 Former commissioners and employees; representation 1442 of clients before commission.— 1443 (3) For a period of 2 years following termination of 1444 service on the commission, a former member may not accept 1445 employment by or compensation from a business entity which, 1446 directly or indirectly, owns or controls a public utility 1447 regulated by the commission, from a public utility regulated by 1448 the commission, from a business entity which, directly or 1449 indirectly, is an affiliate or subsidiary of a public utility 1450 regulated by the commission or is an actual business competitor 1451 of a local exchange company or public utility regulated by the 1452 commission and is otherwise exempt from regulation by the 1453 commission under ss. 364.02(13)ss.364.02(14)and 366.02(1), or 1454 from a business entity or trade association that has been a 1455 party to a commission proceeding within the 2 years preceding 1456 the member’s termination of service on the commission. This 1457 subsection applies only to members of the Florida Public Service 1458 Commission who are appointed or reappointed after May 10, 1993. 1459 Section 58. Section 364.105, Florida Statutes, is amended 1460 to read: 1461 364.105 Discounted rate for basic service for former 1462 Lifeline subscribers.—Each local exchange telecommunications 1463 company shall offer discounted residential basic local 1464 telecommunications service at 70 percent of the residential 1465 local telecommunications service rate for any Lifeline 1466 subscriber who no longer qualifies for Lifeline. A Lifeline 1467 subscriber who requests such service shall receive the 1468 discounted price for a period of 1 year after the date the 1469 subscriber ceases to be qualified for Lifeline. In no event 1470 shall this preclude the offering of any other discounted 1471 services which comply with s. 364.10ss.364.08and364.10. 1472 Section 59. Section 364.32, Florida Statutes, is amended to 1473 read: 1474 364.32 Definitions applicable to s. 364.33ss.364.33,1475364.337,364.345and364.37.—As used in ss.364.33,364.337,1476364.345and364.37: 1477 (1) “Person” means: 1478 (a) Any natural person, firm, association, county, 1479 municipality, corporation, business, trust, or partnership 1480 owning, leasing, or operating any facility used in the 1481 furnishing of public telecommunications service within this 1482 state; and 1483 (b) A cooperative, nonprofit, membership corporation, or 1484 limited dividend or mutual association, now or hereafter 1485 created, with respect to that part or portion of its operations 1486 devoted to the furnishing of telecommunications service within 1487 this state. 1488 (2) “Territory” means any area, whether within or without 1489 the boundaries of a municipality. 1490 Section 60. Subsection (5) of section 489.103, Florida 1491 Statutes, is amended to read: 1492 489.103 Exemptions.—This part does not apply to: 1493 (5) Public utilities, including special gas districts as 1494 defined in chapter 189, telecommunications companies as defined 1495 in s. 364.02(13)s.364.02(14), and natural gas transmission 1496 companies as defined in s. 368.103(4), on construction, 1497 maintenance, and development work performed by their employees, 1498 which work, including, but not limited to, work on bridges, 1499 roads, streets, highways, or railroads, is incidental to their 1500 business. The board shall define, by rule, the term “incidental 1501 to their business” for purposes of this subsection. 1502 Section 61. This act shall take effect July 1, 2011.