Bill Text: FL S1524 | 2011 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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 SB 1524 By the Committee on Communications, Energy, and Public Utilities; and Senators Simmons, Bennett, Thrasher, Oelrich, Smith, Gaetz, and Braynon 579-02803-11 20111524c1 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; repealing 24 s. 364.015, F.S., relating to injunctive relief; 25 364.02, F.S.; removing the definition of “monopoly 26 service” and adding a definition for “VoIP”; repealing 27 ss. 364.025, 364.0251, and 364.0252, F.S., relating to 28 uniform telecommunications service, a 29 telecommunications consumer information program, and 30 the expansion of consumer information programs, 31 respectively; amending s. 364.04, F.S.; providing that 32 the commission has no jurisdiction over the content, 33 form, or format of rate schedules published by a 34 telecommunications company; providing that a 35 telecommunications company may undertake certain 36 activities; repealing ss. 364.051, 364.052, 364.057, 37 364.058, 364.059, 364.06, 364.063, 364.07, and 364.08, 38 F.S., relating to price regulation, regulatory methods 39 for small local exchange telecommunications companies, 40 experimental and transitional rates, limited 41 proceedings, procedures for seeking a stay of 42 proceedings, joint rates, tolls, and contracts, rate 43 adjustment orders, intrastate interexchange service 44 contracts, and unlawful charges against consumers, 45 respectively; amending s. 364.10, F.S.; removing 46 obsolete provisions; requiring an eligible 47 telecommunications carrier to provide a Lifeline 48 Assistance Plan to qualified residential subscribers; 49 repealing s. 364.15, F.S., relating to repairs, 50 improvements, and additions to telecommunication 51 facilities; amending s. 364.16, F.S., relating to 52 interconnection, unbundling, and resale of 53 telecommunication services; requiring the commission 54 to, upon request, arbitrate and enforce 55 interconnection agreements; prohibiting a 56 telecommunications company from knowingly delivering 57 traffic for which terminating access service charges 58 would otherwise apply; authorizing the commission to 59 adopt rules to prevent the unauthorized changing of a 60 subscriber’s telecommunications service; removing 61 obsolete provisions relating to local exchange 62 telecommunications companies; repealing ss. 364.161 63 and 364.162, F.S., relating to unbundling and resale 64 of telecommunication services and negotiated prices 65 for interconnection services, respectively; amending 66 s. 364.163, F.S.; conforming provisions to changes 67 made by the act; amending s. 364.183, F.S.; revising 68 provisions relating to access of the commission to 69 certain records of a telecommunications company; 70 repealing ss. 364.185, 364.19, and 364.27, F.S., 71 relating to powers of the commission to investigate 72 and inspect any premises of a telecommunications 73 company, regulation of telecommunication contracts, 74 and powers and duties as to interstate rates, 75 respectively; amending s. 364.33, F.S., relating to 76 the certificate of authority; prohibiting a person 77 from providing any telecommunications service to the 78 public without a certificate of necessity or a 79 certificate of authority issued by the commission; 80 providing that, after a specified date, the commission 81 will no longer issue certificates of necessity; 82 amending s. 364.335, F.S.; requiring an applicant to 83 provide certain information when applying for a 84 certificate of authority; describing the criteria 85 necessary to be granted a certificate of authority; 86 authorizing a telecommunications company to terminate 87 a certificate of authority; repealing s. 364.337, 88 F.S., relating to competitive local exchange 89 companies; amending s. 364.3375, F.S., relating to pay 90 telephone service providers; requiring pay telephone 91 providers to obtain a certificate of authority from 92 the commission; repealing ss. 364.3376, 364.3381, 93 364.3382, 364.339, 364.345, and 364.37, F.S., relating 94 to operator services, cross-subsidization, cost 95 disclosures, certificates for territories served, 96 shared tenant services, and powers of the commission 97 relating to service territories, respectively; 98 amending s. 364.385, F.S.; removing obsolete 99 provisions relating to saving clauses; amending s. 100 364.386, F.S.; revising the content to be included in 101 the report to be filed with the Legislature; repealing 102 ss. 364.501, 364.503, 364.506, 364.507, 364.508, 103 364.515, 364.516, 364.601, 364.602, 364.603, and 104 364.604, F.S., relating to the prevention of damages 105 to underground telecommunication facilities, mergers 106 or acquisitions, a short title for education 107 facilities, legislative intent for advanced 108 telecommunication services to eligible facilities, 109 definitions, infrastructure investments, penalties for 110 failing to provide advanced telecommunication 111 services, the short title for telecommunication 112 consumer protections, definitions, the methodology for 113 protecting consumers for changing telecommunication 114 providers, and billing procedures to inform and 115 protect the consumer, respectively; amending ss. 116 196.012, 199.183, 212.08, 290.007, 350.0605, 364.105, 117 364.32, and 489.103, F.S.; revising cross-references 118 to conform to changes made by the act; providing an 119 effective date. 120 121 Be It Enacted by the Legislature of the State of Florida: 122 123 Section 1. This act may be cited as the “Regulatory Reform 124 Act.” 125 Section 2. Section 364.01, Florida Statutes, is amended to 126 read: 127 364.01 Powers of commission, legislative intent.— 128 (1) The Florida Public Service Commission shall exercise 129 over and in relation to telecommunications companies the powers 130 conferred by this chapter. 131 (2) It is the legislative intent to give exclusive 132 jurisdiction in all matters set forth in this chapter to the 133 Florida Public Service Commission in regulating 134 telecommunications companies, and such preemption shall 135 supersede any local or special act or municipal charter where 136 any conflict of authority may exist. However,the provisions of137 this chapter doesshallnot affect the authority and powers 138 granted in s. 166.231(9) or s. 337.401. 139 (3) Communications activities that are not regulated by the 140 Florida Public Service Commission, including, but not limited141to, VoIP, wireless, and broadband,are subject to this state’s 142 generally applicable business regulation and deceptive trade 143 practices and consumer protection laws, as enforced by the 144 appropriate state authority or through actions in the judicial 145 system. This chapter does not limit the availability to any 146 party of any remedy or defense under state or federal antitrust 147 laws. The Legislature finds that the competitive provision of 148 telecommunications services, including local exchange 149 telecommunications service, is in the public interest and has 150 providedwill providecustomers with freedom of choice, 151 encouragedencouragethe introduction of new telecommunications 152 service, encouragedencouragetechnological innovation, and 153 encouragedencourageinvestment in telecommunications 154 infrastructure.The Legislature further finds that the155transition from the monopoly provision of local exchange service156to the competitive provision thereof will require appropriate157regulatory oversight to protect consumers and provide for the158development of fair and effective competition, but nothing in159this chapter shall limit the availability to any party of any160remedy under state or federal antitrust laws. The Legislature161further finds that changes in regulations allowing increased162competition in telecommunications services could provide the163occasion for increases in the telecommunications workforce;164therefore, it is in the public interest that competition in165telecommunications services lead to a situation that enhances166the high-technological skills and the economic status of the167telecommunications workforce. The Legislature further finds that168the provision of voice-over-Internet protocol (VoIP) free of169unnecessary regulation, regardless of the provider, is in the170public interest.171(4) The commission shall exercise its exclusive172jurisdiction in order to:173(a) Protect the public health, safety, and welfare by174ensuring that basic local telecommunications services are175available to all consumers in the state at reasonable and176affordable prices.177(b) Encourage competition through flexible regulatory178treatment among providers of telecommunications services in179order to ensure the availability of the widest possible range of180consumer choice in the provision of all telecommunications181services.182(c) Protect the public health, safety, and welfare by183ensuring that monopoly services provided by telecommunications184companies continue to be subject to effective price, rate, and185service regulation.186(d) Promote competition by encouraging innovation and187investment in telecommunications markets and by allowing a188transitional period in which new and emerging technologies are189subject to a reduced level of regulatory oversight.190(e) Encourage all providers of telecommunications services191to introduce new or experimental telecommunications services192free of unnecessary regulatory restraints.193(f) Eliminate any rules or regulations which will delay or194impair the transition to competition.195(g) Ensure that all providers of telecommunications196services are treated fairly, by preventing anticompetitive197behavior and eliminating unnecessary regulatory restraint.198(h) Recognize the continuing emergence of a competitive199telecommunications environment through the flexible regulatory200treatment of competitive telecommunications services, where201appropriate, if doing so does not reduce the availability of202adequate basic local telecommunications service to all citizens203of the state at reasonable and affordable prices, if competitive204telecommunications services are not subsidized by monopoly205telecommunications services, and if all monopoly services are206available to all competitors on a nondiscriminatory basis.207(i) Continue its historical role as a surrogate for208competition for monopoly services provided by local exchange209telecommunications companies.210 Section 3. Section 364.011, Florida Statutes, is amended to 211 read: 212 364.011 Exemptions from commission jurisdiction.—The 213 following services are exempt from oversight by the commission, 214 except to the extent delineated in this chapteror specifically215authorized by federal law: 216 (1) Intrastate interexchange telecommunications services. 217 (2) Broadband services, regardless of the provider, 218 platform, or protocol. 219 (3) VoIP. 220 (4) Wireless telecommunications, including commercial 221 mobile radio service providers. 222 (5) Basic service. 223 (6) Nonbasic services. 224 Section 4. Subsection (2) of section 364.012, Florida 225 Statutes, is amended to read: 226 364.012 Consistency with federal law.— 227 (2) This chapter does not limit or modify the duties of a 228 local exchange telecommunications companycarrierto provide 229 unbundled access to network elements or the commission’s 230 authority to arbitrate and enforce interconnection agreements to 231 the extent that those elements are required under 47 U.S.C. ss. 232 251 and 252, and under any regulations issued by the Federal 233 Communications Commission at rates determined in accordance with 234 the standards established by the Federal Communications 235 Commission pursuant to 47 C.F.R. ss. 51.503-51.513, inclusive of 236 any successor regulation or successor forbearance of regulation. 237 Section 5. Section 364.0135, Florida Statutes, is amended 238 to read: 239 364.0135 Promotion of broadband adoptiondeployment.— 240 (1) The Legislature finds that the sustainable adoption of 241 broadband Internet service is critical to the economic and 242 business development of the state and is beneficial for 243 libraries, schools, colleges and universities, health care 244 providers, and community organizations. The term “sustainable 245 adoption” means the ability for communications service providers 246 to offer broadband services in all areas of the state by 247 encouraging adoption and utilization levels that allow for these 248 services to be offered in the free market absent the need for 249 governmental subsidy.The Legislature further finds that250barriers exist to the statewide deployment of broadband Internet251service, especially in rural, unserved, or underserved252communities. The Legislature therefore intends to promote the253efficient and effective deployment of broadband Internet service254throughout the state through a coordinated statewide effort.255 (2) The Department of Management Services is authorized to 256 work collaboratively with, and to receive staffing support and 257 other resources from, Enterprise Florida, Inc., state agencies, 258 local governments, private businesses, and community 259 organizations to: 260 (a) Monitor the adoption ofConduct a needs assessment of261 broadband Internet service in collaboration with communications 262 service providers, including, but not limited to, wireless and 263 wireline Internet service providers, to develop geographical 264 information system maps at the census tract level that will: 265 1. Identify geographic gaps in broadband services, 266 including areas unserved by any broadband provider and areas 267 served by a single broadband provider; 268 2. Identify the download and upload transmission speeds 269 made available to businesses and individuals in the state, at 270 the census tract level of detail, using data rate benchmarks for 271 broadband service used by the Federal Communications Commission 272 to reflect different speed tiers; and 273 3. Provide a baseline assessment of statewide broadband 274 deployment in terms of percentage of households with broadband 275 availability. 276 (b) Create a strategic plan that has goals and strategies 277 for increasing the use of broadband Internet service in the 278 state. 279 (c) Build and facilitate local technology planning teams or 280 partnerships with members representing cross-sections of the 281 community, which may include, but are not limited to, 282 representatives from the following organizations and industries: 283 libraries, K-12 education, colleges and universities, local 284 health care providers, private businesses, community 285 organizations, economic development organizations, local 286 governments, tourism, parks and recreation, and agriculture. 287 (d) Encourage the use of broadband Internet service, 288 especially in the rural, unserved, and underserved communities 289 of the state through grant programs having effective strategies 290 to facilitate the statewide deployment of broadband Internet 291 service. For any grants to be awarded, priority must be given to 292 projects that: 293 1. Provide access to broadband education, awareness, 294 training, access, equipment, and support to libraries, schools, 295 colleges and universities, health care providers, and community 296 support organizations. 297 2. Encourage the sustainable adoption of broadband in 298 primarily unserved areas by removing barriers to entry, such as 299 unreasonably high pole-attachment ratesinvestments in primarily300unserved areas to give consumers a choice of more than one301broadband Internet service provider. 302 3. Work toward encouraging investments in establishing 303 affordable and sustainable broadband Internet service in 304 unserved areas of the state. 305 4. Facilitate the development of applications, programs, 306 and services, including, but not limited to, telework, 307 telemedicine, and e-learning to increase the usage of, and 308 demand for, broadband Internet service in the state. 309 (3) The department may apply for and accept federal funds 310 for purposes of this section, as well as gifts and donations 311 from individuals, foundations, and private organizations. 312 (4) The department mayis authorized toenter into 313 contracts necessary or useful to carry out the purposes of this 314 section. 315 (5) The department mayis authorized toestablish any 316 committee or workgroup to administer and carry out the purposes 317 of this section. 318 (6) The department mayis authorized toadopt rules 319 necessary to carry out the purposes of this section. Any rule, 320 contract, grant, or other activity undertaken by the department 321 shall ensure that all entities are in compliance with any 322 applicable federal or state laws, rules, and regulations, 323 including, but not limited to, those applicable to private 324 entities providing communications services for hire and the 325 requirements of s. 350.81, including, without limitation, the326authority to establish definitions of terms pertinent to this327section. 328 Section 6. Section 364.015, Florida Statutes, is repealed. 329 Section 7. Section 364.02, Florida Statutes, is amended to 330 read: 331 364.02 Definitions.—As used in this chapter, the term: 332 (1) “Basic local telecommunications service” means voice 333 grade, single-line, flat-rate residential local exchange service 334 that provides dial tone, local usage necessary to place 335 unlimited calls within a local exchange area, dual tone 336 multifrequency dialing, and access to the following: emergency 337 services such as “911,” all locally available interexchange 338 companies, directory assistance, operator services, and relay 339 services, and an alphabetical directory listing. For a local 340 exchange telecommunications company, the term includes any 341 extended area service routes, and extended calling service in 342 existence or ordered by the commission on or before July 1, 343 1995. 344 (2) “Broadband service” means any service that consists of 345 or includes the offering of the capability to transmit or 346 receive information at a rate that is not less than 200 kilobits 347 per second and either: 348 (a) Is used to provide access to the Internet; or 349 (b) Provides computer processing, information storage, 350 information content, or protocol conversion in combination with 351 the service. 352 353 The definition of broadband service does not include any 354 intrastate telecommunications services that have been tariffed 355 with the commission on or before January 1, 2005. 356 (3) “Commercial mobile radio service provider” means a 357 commercial mobile radio service provider as defined by and 358 pursuant to 47 U.S.C. ss. 153(27) and 332(d). 359 (4) “Commission” means the Florida Public Service 360 Commission. 361 (5) “Competitive local exchange telecommunications company” 362 means any company certificated by the commission to provide 363 local exchange telecommunications services in this state on or 364 after July 1, 1995. 365 (6) “Corporation” includes a corporation, company, 366 association, or joint stock association. 367 (7) “Intrastate interexchange telecommunications company” 368 means any entity that provides intrastate interexchange 369 telecommunications services. 370 (8) “Local exchange telecommunications company” means any 371 company certificated by the commission to provide local exchange 372 telecommunications service in this state on or before June 30, 373 1995. 374(9) “Monopoly service” means a telecommunications service375for which there is no effective competition, either in fact or376by operation of law.377 (9)(10)“Nonbasic service” means any telecommunications 378 service provided by a local exchange telecommunications company 379 other than a basic local telecommunications service,alocal 380 interconnection, resale, or unbundling pursuant toarrangement381described ins. 364.16, or a network access service described in 382 s. 364.163. Any combination of basic service along with a 383 nonbasic service or an unregulated service is nonbasic service. 384 (10)(11)“Operator service” includes, but is not limited 385 to, billing or completion of third-party, person-to-person, 386 collect, or calling card or credit card calls through the use of 387 a live operator or automated equipment. 388 (11)(12)“Operator service provider” means a person who 389 furnishes operator service through a call aggregator. 390 (12)(13)“Service” is to be construed in its broadest and 391 most inclusive sense. The term “service” does not include 392 broadband service or voice-over-Internet protocol service for 393 purposes of regulation by the commission. Nothing herein shall 394 affect the rights and obligations of any entity related to the 395 payment of switched network access rates or other intercarrier 396 compensation, if any, related to voice-over-Internet protocol 397 service. Notwithstanding s. 364.013, and the exemption of 398 services pursuant to this subsection, the commission may 399 arbitrate, enforce, or approve interconnection agreements, and 400 resolve disputes as provided by 47 U.S.C. ss. 251 and 252, or 401 any other applicable federal law or regulation. With respect to 402 the services exempted in this subsection, regardless of the 403 technology, the duties of a local exchange telecommunications 404 company are only those that the company is obligated to extend 405 or provide under applicable federal law and regulations. 406 (13)(14)“Telecommunications company” includes every 407 corporation, partnership, and person and their lessees, 408 trustees, or receivers appointed by any court whatsoever, and 409 every political subdivision in the state, offering two-way 410 telecommunications service to the public for hire within this 411 state by the use of a telecommunications facility. The term 412 “telecommunications company” does not include: 413 (a) An entity that provides a telecommunications facility 414 exclusively to a certificated telecommunications company; 415 (b) An entity that provides a telecommunications facility 416 exclusively to a company which is excluded from the definition 417 of a telecommunications company under this subsection; 418 (c) A commercial mobile radio service provider; 419 (d) A facsimile transmission service; 420 (e) A private computer data network company not offering 421 service to the public for hire; 422 (f) A cable television company providing cable service as 423 defined in 47 U.S.C. s. 522;or424 (g) An intrastate interexchange telecommunications company; 425 or 426 (h) An operator services provider. 427 428 However, each commercial mobile radio service provider and each 429 intrastate interexchange telecommunications company shall 430 continue to be liable for any taxes imposed under chapters 202, 431 203, and 212and any fees assessed under s.364.025. Each 432 intrastate interexchange telecommunications company shall 433 continue to be subject to s.ss.364.04,364.10(3)(a) and (d),434 364.163,364.285,364.336,364.501,364.603, and364.604, shall435provide the commission with the current information as the436commission deems necessary to contact and communicate with the437company,and shall continue to pay intrastate switched network 438 access rates or other intercarrier compensation to the local 439 exchange telecommunications company or the competitive local 440 exchange telecommunications company for the origination and 441 termination of interexchange telecommunications service. 442 (14)(15)“Telecommunications facility” includes real 443 estate, easements, apparatus, property, and routes used and 444 operated to provide two-way telecommunications service to the 445 public for hire within this state. 446 (15)(16)“VoIP” means any service that: 447 (a) Enables real-time, two-way voice communications that 448 originate from or terminate to the user’s location in Internet 449 Protocol or any successor protocol; 450 (b) Uses a broadband connection from the user’s location; 451 and 452 (c) Permits users generally to receive calls that originate 453 on the public switched telephone network and to terminate calls 454 to the public switched telephone networkthe voice-over-Internet455protocol as that term is defined in federal law. 456 Section 8. Section 364.025, Florida Statutes, is repealed. 457 Section 9. Section 364.0251, Florida Statutes, is repealed. 458 Section 10. Section 364.0252, Florida Statutes, is 459 repealed. 460 Section 11. Section 364.04, Florida Statutes, is amended to 461 read: 462 364.04 Schedules of rates, tolls, rentals, and charges; 463 filing; public inspection.— 464 (1) Every telecommunications company shall publish through 465 electronic or physical media schedules showing the rates, tolls, 466 rentals, and charges of that company for service to be offered 467performedwithin the state. The commission shall have no 468 jurisdiction over the content or form or format of such 469 published schedules. A telecommunications company may, as an 470 option, file the published schedules with the commission or 471 publish its schedules through other reasonably publicly 472 accessible means, including on a website. A telecommunications 473 company that does not file its schedules with the commission 474 shall inform its customers where a customer may view the 475 telecommunications company’s schedules. 476 (2) This chapter does not prohibit a telecommunications 477 company from: 478 (a) Entering into contracts establishing rates, tolls, 479 rentals, and charges that differ from its published schedules or 480 offering services that are not included in its published 481 schedules; or 482 (b) Meeting competitive offerings in a specific geographic 483 market or to a specific customer. 484 (3) This section does not apply to the rates, terms, and 485 conditions established pursuant to 47 U.S.C. ss. 251 and 252. 486The schedules shall plainly state the places telecommunications487service will be rendered and shall also state separately all488charges and all privileges or facilities granted or allowed and489any rules or regulations or forms of contract which may in490anywise change, affect, or determine any of the aggregate of the491rates, tolls, rentals, or charges for the service rendered. 492 Section 12. Section 364.051, Florida Statutes, is repealed. 493 Section 13. Section 364.052, Florida Statutes, is repealed. 494 Section 14. Section 364.057, Florida Statutes, is repealed. 495 Section 15. Section 364.058, Florida Statutes, is repealed. 496 Section 16. Section 364.059, Florida Statutes, is repealed. 497 Section 17. Section 364.06, Florida Statutes, is repealed. 498 Section 18. Section 364.063, Florida Statutes, is repealed. 499 Section 19. Section 364.07, Florida Statutes, is repealed. 500 Section 20. Section 364.08, Florida Statutes, is repealed. 501 Section 21. Section 364.10, Florida Statutes, is amended to 502 read: 503 364.10Undue advantage to person or locality prohibited;504 Lifeline service.— 505(1) A telecommunications company may not make or give any506undue or unreasonable preference or advantage to any person or507locality or subject any particular person or locality to any508undue or unreasonable prejudice or disadvantage in any respect509whatsoever.510 (1)(2)(a)The prohibitions of subsection (1)511notwithstanding,An eligible telecommunications carrier shall 512 provide a Lifeline Assistance Plan to qualified residential 513 subscribers, as defined in the eligible telecommunications 514 carrier’s published schedulesa commission-approved tariff or515price list, and a preferential rate to eligible facilities as516provided for in part II. For the purposes of this section, the 517 term “eligible telecommunications carrier” means a 518 telecommunications company, as defined by s. 364.02, which is 519 designated as an eligible telecommunications carrier by the 520 commission pursuant to 47 C.F.R. s. 54.201. 521 (b) An eligible telecommunications carrier shall offer a 522 consumer who applies for or receives Lifeline service the option 523 of blocking all toll calls or, if technically capable, placing a 524 limit on the number of toll calls a consumer can make. The 525 eligible telecommunications carrier may not charge the consumer 526 an administrative charge or other additional fee for blocking 527 the service. 528 (c) An eligible telecommunications carrier may not collect 529 a service deposit in order to initiate Lifeline service if the 530 qualifying low-income consumer voluntarily elects toll blocking 531 or toll limitation. If the qualifying low-income consumer elects 532 not to place toll blocking on the line, an eligible 533 telecommunications carrier may charge a service deposit. 534 (d) An eligible telecommunications carrier may not charge 535 Lifeline subscribers a monthly number-portability charge. 536 (e)1. An eligible telecommunications carrier must notify a 537 Lifeline subscriber of impending termination of Lifeline service 538 if the company has a reasonable basis for believing that the 539 subscriber no longer qualifies. Notification of pending 540 termination must be in the form of a letter that is separate 541 from the subscriber’s bill. 542 2. An eligible telecommunications carrier shall allow a 543 subscriber 60 days following the date of the pending termination 544 letter to demonstrate continued eligibility. The subscriber must 545 present proof of continued eligibility. An eligible 546 telecommunications carrier may transfer a subscriber off of 547 Lifeline service, pursuant to its tariff, if the subscriber 548 fails to demonstrate continued eligibility. 549 3. The commission shall establish procedures for such 550 notification and termination. 551 (f) An eligible telecommunications carrier shall timely 552 credit a consumer’s bill with the Lifeline Assistance credit as 553 soon as practicable, but no later than 60 days following receipt 554 of notice of eligibility from the Office of Public Counsel or 555 proof of eligibility from the consumer. 556 (2)(3)(a) Each local exchange telecommunications company 557 that has more than 1 million access lines and that is designated 558 as an eligible telecommunications carrier shall, and any 559 commercial mobile radio service provider designated as an 560 eligible telecommunications carrier pursuant to 47 U.S.C. s. 561 214(e) may, upon filing a notice of election to do so with the 562 commission, provide Lifeline service to any otherwise eligible 563 customer or potential customer who meets an income eligibility 564 test at 150 percent or less of the federal poverty income 565 guidelines for Lifeline customers. Such a test for eligibility 566 must augment, rather than replace, the eligibility standards 567 established by federal law and based on participation in certain 568 low-income assistance programs. Each intrastate interexchange 569 telecommunications company shall file or publish a schedule 570 providing at a minimum the intrastate interexchange 571 telecommunications company’scarrier’scurrent Lifeline benefits 572 and exemptions to Lifeline customers who meet the income 573 eligibility test set forth in this subsection. The Office of 574 Public Counsel shall certify and maintain claims submitted by a 575 customer for eligibility under the income test authorized by 576 this subsection. 577 (b) Each eligible telecommunications carrier subject to 578 this subsection shall provide to each state and federal agency 579 providing benefits to persons eligible for Lifeline service 580 applications, brochures, pamphlets, or other materials that 581 inform the persons of their eligibility for Lifeline, and each 582 state agency providing the benefits shall furnish the materials 583 to affected persons at the time they apply for benefits. 584(c) Any local exchange telecommunications company customer585receiving Lifeline benefits shall not be subject to any586residential basic local telecommunications service rate587increases authorized by s.364.164until the local exchange588telecommunications company reaches parity as defined in s.589364.164(5) or until the customer no longer qualifies for the590Lifeline benefits established by this section or s.364.105, or591unless otherwise determined by the commission upon petition by a592local exchange telecommunications company.593 (c)(d)An eligible telecommunications carrier may not 594 discontinue basic local telecommunicationsexchange telephone595 service to a subscriber who receives Lifeline service because of 596 nonpayment by the subscriber of charges for nonbasic services 597 billed by the telecommunications company, including long 598 distance service. A subscriber who receives Lifeline service 599 shall pay all applicable basic local telecommunicationsexchange600 service fees, including the subscriber line charge, E-911, 601 telephone relay system charges, and applicable state and federal 602 taxes. 603 (d)(e)An eligible telecommunications carrier may not 604 refuse to connect, reconnect, or provide Lifeline service 605 because of unpaid toll charges or nonbasic charges other than 606 basic local telecommunicationsexchangeservice. 607 (e)(f)An eligible telecommunications carrier may require 608 that payment arrangements be made for outstanding debt 609 associated with basic local telecommunicationsexchangeservice, 610 subscriber line charges, E-911, telephone relay system charges, 611 and applicable state and federal taxes. 612 (f)(g)An eligible telecommunications carrier may block a 613 Lifeline service subscriber’s access to all long-distance 614 service, except for toll-free numbers, and may block the ability 615 to accept collect calls when the subscriber owes an outstanding 616 amount for long-distance service or amounts resulting from 617 collect calls. However, the eligible telecommunications carrier 618 may not impose a charge for blocking long-distance service. The 619 eligible telecommunications carrier shall remove the block at 620 the request of the subscriber without additional cost to the 621 subscriber upon payment of the outstanding amount. An eligible 622 telecommunications carrier may charge a service deposit before 623 removing the block. 624 (g)(h)1. By December 31, 2010, each state agency that 625 provides benefits to persons eligible for Lifeline service shall 626 undertake, in cooperation with the Department of Children and 627 Family Services, the Department of Education, the commission, 628 the Office of Public Counsel, and telecommunications companies 629 designated eligible telecommunications carriers providing 630 Lifeline services, the development of procedures to promote 631 Lifeline participation. The departments, the commission, and the 632 Office of Public Counsel may exchange sufficient information 633 with the appropriate eligible telecommunications carriers and 634 any commercial mobile radio service provider electing to provide 635 Lifeline service under paragraph (a), such as a person’s name, 636 date of birth, service address, and telephone number, so that 637 the carriers can identify and enroll an eligible person in the 638 Lifeline and Link-Up programs. The information remains 639 confidential pursuant to s. 364.107 and may only be used for 640 purposes of determining eligibility and enrollment in the 641 Lifeline and Link-Up programs. 642 2. If any state agency determines that a person is eligible 643 for Lifeline services, the agency shall immediately forward the 644 information to the commission to ensure that the person is 645 automatically enrolled in the program with the appropriate 646 eligible telecommunications carrier. The state agency shall 647 include an option for an eligible customer to choose not to 648 subscribe to the Lifeline service. The Public Service Commission 649 and the Department of Children and Family Services shall, no 650 later than December 31, 2007, adopt rules creating procedures to 651 automatically enroll eligible customers in Lifeline service. 652 3. By December 31, 2010, the commission, the Department of 653 Children and Family Services, the Office of Public Counsel, and 654 each eligible telecommunications carrier offering Lifeline and 655 Link-Up services shall convene a Lifeline Workgroup to discuss 656 how the eligible subscriber information in subparagraph 1. will 657 be shared, the obligations of each party with respect to the use 658 of that information, and the procedures to be implemented to 659 increase enrollment and verify eligibility in these programs. 660 (h)(i)The commission shall report to the Governor, the 661 President of the Senate, and the Speaker of the House of 662 Representatives by December 31 each year on the number of 663 customers who are subscribing to Lifeline service and the 664 effectiveness of any procedures to promote participation. 665 (i)(j)The commission shall adopt rules to administer this 666 section. 667 Section 22. Section 364.15, Florida Statutes, is repealed. 668 Section 23. Section 364.16, Florida Statutes, is amended to 669 read: 670 364.16Connection of lines and transfers;Local 671 interconnection, unbundling, and resale; telephone number672portability.— 673 (1) The Legislature finds that the competitive provision of 674 local exchange service requires appropriate regulatory oversight 675 of carrier-to-carrier relationships to provide for the 676 development of fair and effective competition. 677 (2) It is the intent of the Legislature that in resolving 678 disputes, the commission shall treat all providers of 679 telecommunications services fairly by preventing anticompetitive 680 behavior. 681 (3) The commission shall, upon request, arbitrate and 682 enforce interconnection agreements pursuant to 47 U.S.C. ss. 251 683 and 252 and the Federal Communications Commission’s orders and 684 regulations implementing those sections. The commission has the 685 authority to resolve disputes among carriers concerning 686 violations of this chapter and under the authority conferred by 687 federal law to resolve such disputes, including, but not limited 688 to, federal law addressing resale of services, number 689 portability, dialing parity, access to rights of way, access to 690 poles and conduits, and reciprocal compensation. However, this 691 section does not confer jurisdiction on the commission for 692 matters that are exempt from commission jurisdiction under ss. 693 364.011 and 364.013. 694 (4) A telecommunications company may not knowingly deliver 695 traffic, for which terminating access service charges would 696 otherwise apply, through a local interconnection arrangement 697 without paying the appropriate charges for such terminating 698 access service. Any party having a substantial interest may 699 petition the commission for an investigation of any suspected 700 violation of this subsection. If any telecommunications company 701 knowingly violates this subsection, the commission has 702 jurisdiction to arbitrate bona fide complaints arising from the 703 requirements of this subsection and shall, upon such complaint, 704 have access to all relevant customer records and accounts of any 705 telecommunications company. 706 (5) The commission shall adopt rules to prevent the 707 unauthorized changing of a subscriber’s telecommunications 708 service. Such rules shall be consistent with the 709 Telecommunications Act of 1996, provide for specific 710 verification methodologies, provide for the notification to 711 subscribers of the ability to freeze the subscriber’s choice of 712 carriers at no charge, allow for a subscriber’s change to be 713 considered valid if verification was performed consistent with 714 commission rules, provide remedies for violations of the rules, 715 and allow for the imposition of other penalties available under 716 this chapter. The commission shall resolve on an expedited basis 717 any complaints of anticompetitive behavior concerning a local 718 preferred carrier freeze. The telecommunications company that is 719 asserting the existence of a local preferred carrier freeze, 720 which is the subject of a complaint, has the burden of proving 721 through competent evidence that the subscriber did in fact 722 request the freeze. 723 (6) Upon petition, the commission may conduct a limited or 724 expedited proceeding to consider and act upon any matter under 725 this section. The commission shall determine the issues to be 726 considered during such a proceeding and may grant or deny any 727 request to expand the scope of the proceeding to include other 728 matters. The commission shall implement an expedited process to 729 facilitate the quick resolution of disputes between 730 telecommunications companies. The process implemented by the 731 commission shall, to the greatest extent feasible, minimize the 732 time necessary to reach a decision on a dispute. The commission 733 may limit the use of the expedited process based on the number 734 of parties, the number of issues, or the complexity of the 735 issues. For any proceeding conducted pursuant to the expedited 736 process, the commission shall make its determination within 120 737 days after a petition is filed or a motion is made. The 738 commission shall adopt rules to administer this subsection. 739(1) Whenever the commission finds that connections between740any two or more local exchange telecommunications companies,741whose lines form a continuous line of communication or could be742made to do so by the construction and maintenance of suitable743connections at common points, can reasonably be made and744efficient service obtained, and that such connections are745necessary, the commission may require such connections to be746made, may require that telecommunications services be747transferred, and may prescribe through lines and joint rates and748charges to be made, used, observed, and in force in the future749and fix the rates and charges by order to be served upon the750company or companies affected.751(2) Each competitive local exchange telecommunications752company shall provide access to, and interconnection with, its753telecommunications services to any other provider of local754exchange telecommunications services requesting such access and755interconnection at nondiscriminatory prices, terms, and756conditions. If the parties are unable to negotiate mutually757acceptable prices, terms, and conditions after 60 days, either758party may petition the commission and the commission shall have759120 days to make a determination after proceeding as required by760s.364.162(2) pertaining to interconnection services.761(3) Each local exchange telecommunications company shall762provide access to, and interconnection with, its763telecommunications facilities to any other provider of local764exchange telecommunications services requesting such access and765interconnection at nondiscriminatory prices, rates, terms, and766conditions established by the procedures set forth in s.767364.162.768(a) No local exchange telecommunications company or769competitive local exchange telecommunications company shall770knowingly deliver traffic, for which terminating access service771charges would otherwise apply, through a local interconnection772arrangement without paying the appropriate charges for such773terminating access service.774(b) Any party with a substantial interest may petition the775commission for an investigation of any suspected violation of776paragraph (a). In the event any certificated local exchange777service provider knowingly violates paragraph (a), the778commission shall have jurisdiction to arbitrate bona fide779complaints arising from the requirements of this subsection and780shall, upon such complaint, have access to all relevant customer781records and accounts of any telecommunications company.782 (7)(4)In order to assure that consumers have access to 783 different local exchange service providers without being 784 disadvantaged, deterred, or inconvenienced by having to give up 785 the consumer’s existing local telephone number, all providers of 786 local exchange services must have access to local telephone 787 numbering resources and assignments on equitable terms that 788 include a recognition of the scarcity of such resources and are 789 in accordance with national assignment guidelines.Each local790exchange provider, except small local exchange791telecommunications companies under rate of return regulation,792shall provide a temporary means of achieving telephone number793portability. The parties, under the direction of the commission,794shall set up a number portability standards group by no later795than September 1, 1995, for the purposes of investigation and796development of appropriate parameters, costs, and standards for797number portability. If the parties are unable to successfully798negotiate the prices, terms, and conditions of a temporary799number portability solution, the commission shall establish a800temporary number portability solution by no later than January8011, 1996. Each local exchange service provider shall make802necessary modifications to allow permanent portability of local803telephone numbers between certificated providers of local804exchange service as soon as reasonably possible after the805development of national standards. The parties shall negotiate806the prices, terms, and conditions for permanent telephone number807portability arrangements. In the event the parties are unable to808satisfactorily negotiate the prices, terms, and conditions,809either party may petition the commission and the commission810shall, after opportunity for a hearing, set the rates, terms,811and conditions. The prices and rates shall not be below cost.812Number portability between different certificated providers of813local exchange service at the same location shall be provided814temporarily no later than January 1, 1996.815 (8)(5)When requested, each certificated telecommunications 816 company shall provide access to any poles, conduits, rights-of 817 way, and like facilities that it owns or controls to any local 818 exchange telecommunications company or competitive local 819 exchange telecommunications company pursuant to reasonable rates 820 and conditions mutually agreed to which do not discriminate 821 between similarly situated companies. 822 Section 24. Section 364.161, Florida Statutes, is repealed. 823 Section 25. Section 364.162, Florida Statutes, is repealed. 824 Section 26. Section 364.163, Florida Statutes, is amended 825 to read: 826 364.163 Network access services.—For purposes of this 827 section, the term “network access service” is defined as any 828 service provided by a local exchange telecommunications company 829 to a telecommunications company certificated under this chapter 830 or licensed by the Federal Communications Commission to access 831 the local exchange telecommunications network, excludingthe832 local interconnection, resale, or unbundling pursuant to 833arrangements ins. 364.16and the resale arrangements in s.834364.161. Each local exchange telecommunications companysubject835to s.364.051shall maintain tariffs with the commission 836 containing the terms, conditions, and rates for each of its 837 network access services. The switched network access service 838 rates in effect immediately prior to July 1, 2007, shall be, and 839 shall remain, capped at that level until July 1, 2010. An 840 interexchange telecommunications company may not institute any 841 intrastate connection fee or any similarly named fee. 842 Section 27. Section 364.183, Florida Statutes, is amended 843 to read: 844 364.183 Access to company records.— 845 (1) The commission shall have access to all records of a 846 telecommunications company whichthatare reasonably necessary 847 for the disposition of matters within the commission’s 848 jurisdiction.The commission shall also have access to those849records of a local exchange telecommunications company’s850affiliated companies, including its parent company, that are851reasonably necessary for the disposition of any matter852concerning an affiliated transaction or a claim of853anticompetitive behavior including claims of cross-subsidization854and predatory pricing. The commission may require a855telecommunications company to file records, reports or other856data directly related to matters within the commission’s857jurisdiction in the form specified by the commission and may858require such company to retain such information for a designated859period of time. Upon request of the company or other person, any 860 records received by the commission which are claimed by the 861 company or other person to be proprietary confidential business 862 information shall be kept confidential and shall be exempt from 863 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 864 (2) Discovery in any docket or proceeding before the 865 commission shall be in the manner provided for in Rule 1.280 of 866 the Florida Rules of Civil Procedure. Upon a showing by a 867 company or other person and a finding by the commission that 868 discovery will require the disclosure of proprietary 869 confidential business information, the commission shall issue an 870 appropriate protective order designating the manner for handling 871 such information during the course of the proceeding and for 872 protecting such information from disclosure outside the 873 proceeding. Such proprietary confidential business information 874 shall be exempt from s. 119.07(1). Any records provided pursuant 875 to a discovery request for which proprietary confidential 876 business information status is requested shall be treated by the 877 commission and the Office of the Public Counsel and any other 878 party subject to the public records law as confidential and 879 shall be exempt from s. 119.07(1), pending a formal ruling on 880 such request by the commission or the return of the records to 881 the person providing the records. Any record which has been 882 determined to be proprietary confidential business information 883 and is not entered into the official record of the proceeding 884 shall be returned to the person providing the record within 60 885 days after the final order, unless the final order is appealed. 886 If the final order is appealed, any such record shall be 887 returned within 30 days after the decision on appeal. The 888 commission shall adopt the necessary rules to implement this 889 subsection. 890 (3) The term “proprietary confidential business 891 information” means information, regardless of form or 892 characteristics, which is owned or controlled by the person or 893 company, is intended to be and is treated by the person or 894 company as private in that the disclosure of the information 895 would cause harm to the ratepayers or the person’s or company’s 896 business operations, and has not been disclosed unless disclosed 897 pursuant to a statutory provision, an order of a court or 898 administrative body, or private agreement that provides that the 899 information will not be released to the public. The term 900 includes, but is not limited to: 901 (a) Trade secrets. 902 (b) Internal auditing controls and reports of internal 903 auditors. 904 (c) Security measures, systems, or procedures. 905 (d) Information concerning bids or other contractual data, 906 the disclosure of which would impair the efforts of the company 907 or its affiliates to contract for goods or services on favorable 908 terms. 909 (e) Information relating to competitive interests, the 910 disclosure of which would impair the competitive business of the 911 provider of information. 912 (f) Employee personnel informationunrelated to913compensation, duties, qualifications, or responsibilities. 914 (4) Any finding by the commission that a record contains 915 proprietary confidential business information is effective for a 916 period set by the commission not to exceed 18 months, unless the 917 commission finds, for good cause, that the protection from 918 disclosure shall be for a specified longer period. The 919 commission shall order the return of a record containing 920 proprietary confidential business information when such record 921 is no longer necessary for the commission to conduct its 922 business. At that time, the commission shall order any other 923 person holding such record to return it to the person providing 924 the record. Any record containing proprietary confidential 925 business information which has not been returned at the 926 conclusion of the period set pursuant to this subsection shall 927 no longer be exempt from s. 119.07(1) unless the 928 telecommunications company or affected person shows, and the 929 commission finds, that the record continues to contain 930 proprietary confidential business information. Upon such 931 finding, the commission may extend the period for confidential 932 treatment for a period not to exceed 18 months unless the 933 commission finds, for good cause, that the protection from 934 disclosure shall be for a specified longer period. During 935 commission consideration of an extension, the record in question 936 remains exempt from s. 119.07(1). The commission shall adopt 937 rules to implement this subsection, which shall include notice 938 to the telecommunications company or affected person regarding 939 the expiration of confidential treatment. 940 Section 28. Section 364.185, Florida Statutes, is repealed. 941 Section 29. Section 364.19, Florida Statutes, is repealed. 942 Section 30. Section 364.27, Florida Statutes, is repealed. 943 Section 31. Section 364.33, Florida Statutes, is amended to 944 read: 945 364.33 Certificate of necessity or authorityprerequisite946to construction, operation, or control of telecommunications947facilities.—Except for a transfer of a certificate of necessity948from one person to another or to the parent or affiliate of a949certificated person as provided in this section,A person may 950 not providebegin the construction or operation of any951 telecommunications services to the public without a certificate 952 of necessity or a certificate of authority. After July 1, 2011, 953 the commission shall cease to issue certificates of necessity, 954 but existing certificates of necessity remain valid. A 955 certificate of necessity or authority may be transferred to the 956 holder’s parent company or an affiliate or another person 957 holding a certificate of necessity or authority, its parent 958 company, or an affiliate without prior approval of the 959 commission by giving written notice of the transfer to the 960 commission within 60 days after the completion of the transfer. 961 The transferee assumes the rights and obligations conferred by 962 the certificate. This section does not affect any obligation of 963 the transferee pursuant to 47 U.S.C. ss. 251 and 252 and the 964 Federal Communications Commission’s orders and regulations 965 implementing those sections.facility, or any extension thereof966for the purpose of providing telecommunications services to the967public, or acquire ownership or control thereof, in whatever968manner, including the acquisition, transfer, or assignment of969majority organizational control or controlling stock ownership,970without prior approval. A certificate of necessity or control971thereof may be transferred from a person holding a certificate,972its parent or an affiliate to another person holding a973certificate, its parent or an affiliate, and a person holding a974certificate, its parent or an affiliate may acquire ownership or975control of a telecommunications facility through the976acquisition, transfer, or assignment of majority organizational977control or controlling stock ownership of a person holding a978certificate without prior approval of the commission by giving97960 days’ written notice of the transfer or change of control to980the commission and affected customers. This section does not981require approval by the commission prior to the construction,982operation, or extension of a facility by a certificated company983within its certificated area nor in any way limit the984commission’s ability to review the prudence of such construction985programs for ratemaking as provided under this chapter.986 Section 32. Section 364.335, Florida Statutes, is amended 987 to read: 988 364.335 Application for certificate of authority.— 989 (1) Each applicant for a certificate of authority shall: 990 (a) Provide the following information: 991 1. The applicant’s official name and, if different, any 992 name under which the applicant will do business. 993 2. The street address of the principal place of business of 994 the applicant. 995 3. The federal employer identification number or the 996 Department of State’s document number. 997 4. The name, address, and telephone number of an officer, 998 partner, owner, member, or manager as a contact person for the 999 applicant to whom questions or concerns may be addressed. 1000 5. Information demonstrating the applicant’s managerial, 1001 technical, and financial ability to provide telecommunications 1002 service, including an attestation to the accuracy of the 1003 information provided.provide all information required by rule1004or order of the commission, which may include a detailed inquiry1005into the ability of the applicant to provide service, a detailed1006inquiry into the territory and facilities involved, and a1007detailed inquiry into the existence of service from other1008sources within geographical proximity to the territory applied1009for.1010(b) File with the commission schedules showing all rates1011for service of every kind furnished by it and all rules and1012contracts relating to such service.1013 (b)(c)File the application fee required by the commission 1014 in an amount not to exceed $500. Such fees shall be deposited in 1015 accordance with s. 350.113. 1016(d) Submit an affidavit that the applicant has caused1017notice of its application to be given to such persons and in1018such manner as may be prescribed by commission rule.1019 (2) The commission shall grant a certificate of authority 1020 to provide telecommunications service upon a showing that the 1021 applicant has sufficient technical, financial, and managerial 1022 capability to provide such service in the geographic area 1023 proposed to be served. The applicant shall ensure continued 1024 compliance with applicable business formation, registration, and 1025 taxation provisions of law.If the commission grants the1026requested certificate, any person who would be substantially1027affected by the requested certification may, within 21 days1028after the granting of such certificate, file a written objection1029requesting a proceeding pursuant to ss.120.569and120.57. The1030commission may, on its own motion, institute a proceeding under1031ss.120.569and120.57to determine whether the grant of such1032certificate is in the public interest. The commission shall1033order such proceeding conducted in or near the territory applied1034for, if feasible. If any person requests a public hearing on the1035application, such hearing shall, if feasible, be held in or near1036the territory applied for, and the transcript of the public1037hearing and any material submitted at or prior to the hearing1038shall be considered part of the record of the application and1039any proceeding related to the application.1040 (3) A certificate of authority may be terminated by the 1041 telecommunications company by submitting notice to the 1042 commission.The commission may grant a certificate, in whole or1043in part or with modifications in the public interest, but in no1044event granting authority greater than that requested in the1045application or amendments thereto and noticed under subsection1046(1); or it may deny a certificate. The commission may grant1047certificates for proposed telecommunications companies, or for1048the extension of an existing telecommunications company, without1049regard to whether such companies will be in competition with or1050duplicate the local exchange services provided by any other1051telecommunications company. The commission may also grant a1052certificate for a proposed telecommunications company, or for1053the extension of an existing telecommunications company, which1054will be providing either competitive or duplicative pay1055telephone service pursuant to the provisions of s.364.3375, or1056private line service by a certified alternative access vendor1057pursuant to s.364.337(6). Pay telephone service shall include1058that telephone service using telephones that are capable of1059accepting payment by specie, paper money, or credit cards.1060 (4) Except as provided in s. 364.33, revocation, 1061 suspension, transfer, or amendment of a certificate shall be 1062 subject to the provisions of this section; except that, when the1063commission initiates the action, the commission shall furnish1064notice to the appropriate local government and to the Public1065Counsel. 1066 Section 33. Section 364.337, Florida Statutes, is repealed. 1067 Section 34. Section 364.3375, Florida Statutes, is amended 1068 to read: 1069 364.3375 Pay telephone service providers.— 1070 (1)(a) ANoperson may notshallprovide pay telephone 1071 service without first obtaining from the commission a 1072 certificate of authority or necessitypublic convenience and1073necessityto provide such service, except that the certification 1074 provisions of this subsection do not apply to a local exchange 1075 telecommunications company providing pay telephone service. 1076 (b) In granting such certificate the commission, if it 1077 finds that the action is consistent with the public interest, 1078 may exempt a pay telephone provider from some or all of the 1079 requirements of this chapter. However, the commission may exempt 1080 a pay telephone provider from this section only to prevent fraud 1081 or if it finds the exemption to be in the public interest. 1082 (c) A certificate authorizes the pay telephone provider to 1083 provide services statewide and to provide access to both local 1084 and intrastate interexchange pay telephone service, except that 1085 the commission may limit the type of calls that can be handled. 1086 (2) Each pay telephone station shall: 1087 (a) Receive and permit coin-free access to the universal 1088 emergency telephone number “911” where operable or to a local 1089 exchange company toll operator. 1090 (b) Receive and provide coin-free or coin-return access to 1091 local directory assistance and the telephone number of the 1092 person responsible for repair service. 1093 (c) Designate a party responsible for processing refunds to 1094 customers. 1095 (d) Be equipped with a legible sign, card, or plate of 1096 reasonable permanence which provides information determined by 1097 the commission, by rule, to adequately inform the end user. 1098 (e) Be eligible to subscribe to flat-rate, single-line 1099 business local exchange services. 1100 (3) Each pay telephone station which provides access to any 1101 interexchange telecommunications company shall provide access to 1102 all locally available interexchange telecommunications companies 1103 and shall provide for the completion of international telephone 1104 calls under terms and conditions as determined by the 1105 commission. The commission may grant limited waivers of this 1106 provision to pay telephone companiesor operator service1107providersto prevent fraud or as otherwise determined in the 1108 public interest. 1109(4) A pay telephone provider may charge, as a maximum rate1110for local coin calls, a rate equivalent to the local coin rate1111of the local exchange telecommunications company.1112(5) A pay telephone provider shall not obtain services from1113an operator service provider unless such operator service1114provider has obtained a certificate of public convenience and1115necessity from the commission pursuant to the provisions of s.1116364.3376.1117 Section 35. Section 364.3376, Florida Statutes, is 1118 repealed. 1119 Section 36. Section 364.3381, Florida Statutes, is 1120 repealed. 1121 Section 37. Section 364.3382, Florida Statutes, is 1122 repealed. 1123 Section 38. Section 364.339, Florida Statutes, is repealed. 1124 Section 39. Section 364.345, Florida Statutes, is repealed. 1125 Section 40. Section 364.37, Florida Statutes, is repealed. 1126 Section 41. Section 364.385, Florida Statutes, is amended 1127 to read: 1128 364.385 Saving clauses.— 1129(1) This act does not invalidate any certificate or cause1130to be unlawful any rate which has been previously approved and1131which is lawfully being charged and collected immediately prior1132to July 1, 1995. However, such rate may not be changed, and a1133certificate may not be modified, suspended, or revoked, on or1134after July 1, 1995, except in accordance with the provisions of1135this act.1136(2) All applications for extended area service, routes, or1137extended calling service pending before the commission on March11381, 1995, shall be governed by the law as it existed prior to1139July 1, 1995. Upon the approval of the application, the extended1140area service, routes, or extended calling service shall be1141considered basic services and shall be regulated as provided in1142s.364.051. Proceedings including judicial review pending on1143July 1, 1995, shall be governed by the law as it existed prior1144to the date on which this section becomes a law. No new1145proceedings governed by the law as it existed prior to July 1,11461995, shall be initiated after July 1, 1995. Any administrative1147adjudicatory proceeding which has not progressed to the stage of1148a hearing by July 1, 1995, may, with the consent of all parties1149and the commission, be conducted in accordance with the law as1150it existed prior to January 1, 1996.1151(3) Florida Public Service Commission Order No. PSC 9411520172-FOF-TL shall remain in effect, and BellSouth1153Telecommunications, Inc., shall fully comply with that order1154unless modified by the Florida Public Service Commission1155pursuant to the terms of that order. The order may not be1156modified to extend beyond December 31, 1997, except that the1157Florida Public Service Commission shall retain jurisdiction and1158all parties shall retain their rights under the agreement after1159December 31, 1997, solely for the purpose of effectuating the1160provisions of the order applicable to periods prior to January11611, 1998. The depreciation rates approved by the Florida Public1162Service Commission and in effect as of December 31, 1994, shall1163be used to calculate the earnings available for sharing for1164periods prior to January 1, 1998.1165(4)The rates and charges forbasic local1166telecommunications service andnetwork access service approved 1167 by the commission in accordance with the decisions set forth in 1168 Order Nos. PSC 03-1469-FOF-TL and PSC 04-0456-FOF-TL, and which 1169 are in effect immediately prior to July 1, 2007, shall remain in 1170 effect and such rates and charges may not be changed after the 1171 effective date of this act, except in accordance with the 1172 provisions of s. 364.163ss.364.051and364.163. 1173 Section 42. Section 364.386, Florida Statutes, is amended 1174 to read: 1175 364.386 Reports to the Legislature.— 1176 (1)(a) The commission shall submit to the President of the 1177 Senate, the Speaker of the House of Representatives, and the 1178 majority and minority leaders of the Senate and the House of 1179 Representatives, on August 1, 2008, and on an annual basis 1180 thereafter, a report on the status of competition in the 1181 telecommunications industry and a detailed exposition of the 1182 following: 11831. The overall impact of local exchange telecommunications1184competition on the continued availability of universal service.1185 1.2.The ability of competitive providers to make 1186 functionally equivalent local exchange services available to 1187 both residential and business customers at competitive rates, 1188 terms, and conditions. 1189 2.3.The ability of consumers to obtain functionally 1190 equivalent services at comparable rates, terms, and conditions. 1191 3.4.The overall impact of competitionpriceregulationon 1192 the maintenance of reasonably affordable and reliable high 1193 quality telecommunications services. 1194 4.5.A listing and short description of any carrier 1195 disputes filed under s. 364.16.What additional services, if1196any, should be included in the definition of basic local1197telecommunications services, taking into account advances in1198technology and market demand.11996. Any other information and recommendations which may be1200in the public interest.1201 (b) The commission shall make an annual request to 1202 providers of local exchange telecommunications services on or 1203 before March 1, 2008, and on or before March 1 of each year 1204 thereafter, for the data it requires to complete the report. A 1205 provider of local exchange telecommunications services shall 1206 file its response with the commission on or before April 15, 1207 2008, and on or before April 15 of each year thereafter. 1208 (2)In lieu ofThe quantitative part of the information 1209 requested in the commission’s annual data request shall be 1210 limited to, a provider of local exchange telecommunications1211services may file the following:1212(a)a copy of the FCC Form 477 filed by a provider of local 1213 exchange telecommunications service with the Federal 1214 Communications Commission, which must identify Florida-specific 1215 access line data or similar information if an FCC Form 477 is 1216 not available.; and1217(b) Provisioned Florida access line data identified by1218telephone exchange location.1219(3) The Office of Public Counsel is also directed to submit1220a report on competition in the telecommunications industry and1221on how the price regulation provisions of s.364.051have1222benefited the ratepayers and consumers of this state and any1223other information and recommendations which may be in the public1224interest.1225 Section 43. Section 364.501, Florida Statutes, is repealed. 1226 Section 44. Section 364.503, Florida Statutes, is repealed. 1227 Section 45. Section 364.506, Florida Statutes, is repealed. 1228 Section 46. Section 364.507, Florida Statutes, is repealed. 1229 Section 47. Section 364.508, Florida Statutes, is repealed. 1230 Section 48. Section 364.515, Florida Statutes, is repealed. 1231 Section 49. Section 364.516, Florida Statutes, is repealed. 1232 Section 50. Section 364.601, Florida Statutes, is repealed. 1233 Section 51. Section 364.602, Florida Statutes, is repealed. 1234 Section 52. Section 364.603, Florida Statutes, is repealed. 1235 Section 53. Section 364.604, Florida Statutes, is repealed. 1236 Section 54. Subsection (6) of section 196.012, Florida 1237 Statutes, is amended to read: 1238 196.012 Definitions.—For the purpose of this chapter, the 1239 following terms are defined as follows, except where the context 1240 clearly indicates otherwise: 1241 (6) Governmental, municipal, or public purpose or function 1242 shall be deemed to be served or performed when the lessee under 1243 any leasehold interest created in property of the United States, 1244 the state or any of its political subdivisions, or any 1245 municipality, agency, special district, authority, or other 1246 public body corporate of the state is demonstrated to perform a 1247 function or serve a governmental purpose which could properly be 1248 performed or served by an appropriate governmental unit or which 1249 is demonstrated to perform a function or serve a purpose which 1250 would otherwise be a valid subject for the allocation of public 1251 funds. For purposes of the preceding sentence, an activity 1252 undertaken by a lessee which is permitted under the terms of its 1253 lease of real property designated as an aviation area on an 1254 airport layout plan which has been approved by the Federal 1255 Aviation Administration and which real property is used for the 1256 administration, operation, business offices and activities 1257 related specifically thereto in connection with the conduct of 1258 an aircraft full service fixed base operation which provides 1259 goods and services to the general aviation public in the 1260 promotion of air commerce shall be deemed an activity which 1261 serves a governmental, municipal, or public purpose or function. 1262 Any activity undertaken by a lessee which is permitted under the 1263 terms of its lease of real property designated as a public 1264 airport as defined in s. 332.004(14) by municipalities, 1265 agencies, special districts, authorities, or other public bodies 1266 corporate and public bodies politic of the state, a spaceport as 1267 defined in s. 331.303, or which is located in a deepwater port 1268 identified in s. 403.021(9)(b) and owned by one of the foregoing 1269 governmental units, subject to a leasehold or other possessory 1270 interest of a nongovernmental lessee that is deemed to perform 1271 an aviation, airport, aerospace, maritime, or port purpose or 1272 operation shall be deemed an activity that serves a 1273 governmental, municipal, or public purpose. The use by a lessee, 1274 licensee, or management company of real property or a portion 1275 thereof as a convention center, visitor center, sports facility 1276 with permanent seating, concert hall, arena, stadium, park, or 1277 beach is deemed a use that serves a governmental, municipal, or 1278 public purpose or function when access to the property is open 1279 to the general public with or without a charge for admission. If 1280 property deeded to a municipality by the United States is 1281 subject to a requirement that the Federal Government, through a 1282 schedule established by the Secretary of the Interior, determine 1283 that the property is being maintained for public historic 1284 preservation, park, or recreational purposes and if those 1285 conditions are not met the property will revert back to the 1286 Federal Government, then such property shall be deemed to serve 1287 a municipal or public purpose. The term “governmental purpose” 1288 also includes a direct use of property on federal lands in 1289 connection with the Federal Government’s Space Exploration 1290 Program or spaceport activities as defined in s. 212.02(22). 1291 Real property and tangible personal property owned by the 1292 Federal Government or Space Florida and used for defense and 1293 space exploration purposes or which is put to a use in support 1294 thereof shall be deemed to perform an essential national 1295 governmental purpose and shall be exempt. “Owned by the lessee” 1296 as used in this chapter does not include personal property, 1297 buildings, or other real property improvements used for the 1298 administration, operation, business offices and activities 1299 related specifically thereto in connection with the conduct of 1300 an aircraft full service fixed based operation which provides 1301 goods and services to the general aviation public in the 1302 promotion of air commerce provided that the real property is 1303 designated as an aviation area on an airport layout plan 1304 approved by the Federal Aviation Administration. For purposes of 1305 determination of “ownership,” buildings and other real property 1306 improvements which will revert to the airport authority or other 1307 governmental unit upon expiration of the term of the lease shall 1308 be deemed “owned” by the governmental unit and not the lessee. 1309 Providing two-way telecommunications services to the public for 1310 hire by the use of a telecommunications facility, as defined in 1311 s. 364.02(14)s.364.02(15), and for which a certificate is 1312 required under chapter 364 does not constitute an exempt use for 1313 purposes of s. 196.199, unless the telecommunications services 1314 are provided by the operator of a public-use airport, as defined 1315 in s. 332.004, for the operator’s provision of 1316 telecommunications services for the airport or its tenants, 1317 concessionaires, or licensees, or unless the telecommunications 1318 services are provided by a public hospital. 1319 Section 55. Paragraph (b) of subsection (1) of section 1320 199.183, Florida Statutes, is amended to read: 1321 199.183 Taxpayers exempt from nonrecurring taxes.— 1322 (1) Intangible personal property owned by this state or any 1323 of its political subdivisions or municipalities shall be exempt 1324 from taxation under this chapter. This exemption does not apply 1325 to: 1326 (b) Property related to the provision of two-way 1327 telecommunications services to the public for hire by the use of 1328 a telecommunications facility, as defined in s. 364.02(14)s.1329364.02(15), and for which a certificate is required under 1330 chapter 364, when the service is provided by any county, 1331 municipality, or other political subdivision of the state. Any 1332 immunity of any political subdivision of the state or other 1333 entity of local government from taxation of the property used to 1334 provide telecommunication services that is taxed as a result of 1335 this paragraph is hereby waived. However, intangible personal 1336 property related to the provision of telecommunications services 1337 provided by the operator of a public-use airport, as defined in 1338 s. 332.004, for the operator’s provision of telecommunications 1339 services for the airport or its tenants, concessionaires, or 1340 licensees, and intangible personal property related to the 1341 provision of telecommunications services provided by a public 1342 hospital, are exempt from taxation under this chapter. 1343 Section 56. Subsection (6) of section 212.08, Florida 1344 Statutes, is amended to read: 1345 212.08 Sales, rental, use, consumption, distribution, and 1346 storage tax; specified exemptions.—The sale at retail, the 1347 rental, the use, the consumption, the distribution, and the 1348 storage to be used or consumed in this state of the following 1349 are hereby specifically exempt from the tax imposed by this 1350 chapter. 1351 (6) EXEMPTIONS; POLITICAL SUBDIVISIONS.—There are also 1352 exempt from the tax imposed by this chapter sales made to the 1353 United States Government, a state, or any county, municipality, 1354 or political subdivision of a state when payment is made 1355 directly to the dealer by the governmental entity. This 1356 exemption shall not inure to any transaction otherwise taxable 1357 under this chapter when payment is made by a government employee 1358 by any means, including, but not limited to, cash, check, or 1359 credit card when that employee is subsequently reimbursed by the 1360 governmental entity. This exemption does not include sales of 1361 tangible personal property made to contractors employed either 1362 directly or as agents of any such government or political 1363 subdivision thereof when such tangible personal property goes 1364 into or becomes a part of public works owned by such government 1365 or political subdivision. A determination whether a particular 1366 transaction is properly characterized as an exempt sale to a 1367 government entity or a taxable sale to a contractor shall be 1368 based on the substance of the transaction rather than the form 1369 in which the transaction is cast. The department shall adopt 1370 rules that give special consideration to factors that govern the 1371 status of the tangible personal property before its affixation 1372 to real property. In developing these rules, assumption of the 1373 risk of damage or loss is of paramount consideration in the 1374 determination. This exemption does not include sales, rental, 1375 use, consumption, or storage for use in any political 1376 subdivision or municipality in this state of machines and 1377 equipment and parts and accessories therefor used in the 1378 generation, transmission, or distribution of electrical energy 1379 by systems owned and operated by a political subdivision in this 1380 state for transmission or distribution expansion. Likewise 1381 exempt are charges for services rendered by radio and television 1382 stations, including line charges, talent fees, or license fees 1383 and charges for films, videotapes, and transcriptions used in 1384 producing radio or television broadcasts. The exemption provided 1385 in this subsection does not include sales, rental, use, 1386 consumption, or storage for use in any political subdivision or 1387 municipality in this state of machines and equipment and parts 1388 and accessories therefor used in providing two-way 1389 telecommunications services to the public for hire by the use of 1390 a telecommunications facility, as defined in s. 364.02(14)s.1391364.02(15), and for which a certificate is required under 1392 chapter 364, which facility is owned and operated by any county, 1393 municipality, or other political subdivision of the state. Any 1394 immunity of any political subdivision of the state or other 1395 entity of local government from taxation of the property used to 1396 provide telecommunication services that is taxed as a result of 1397 this section is hereby waived. However, the exemption provided 1398 in this subsection includes transactions taxable under this 1399 chapter which are for use by the operator of a public-use 1400 airport, as defined in s. 332.004, in providing such 1401 telecommunications services for the airport or its tenants, 1402 concessionaires, or licensees, or which are for use by a public 1403 hospital for the provision of such telecommunications services. 1404 Section 57. Subsection (8) of section 290.007, Florida 1405 Statutes, is amended to read: 1406 290.007 State incentives available in enterprise zones.—The 1407 following incentives are provided by the state to encourage the 1408 revitalization of enterprise zones: 1409 (8) Notwithstanding any law to the contrary, the Public 1410 Service Commission may allow public utilities and 1411 telecommunications companies to grant discounts of up to 50 1412 percent on tariffed rates for services to small businesses 1413 located in an enterprise zone designated pursuant to s. 1414 290.0065. Such discounts may be granted for a period not to 1415 exceed 5 years. For purposes of this subsection, the term 1416 “public utility” has the same meaning as in s. 366.02(1) and the 1417 term “telecommunications company” has the same meaning as in s. 1418 364.02(13)s.364.02(14). 1419 Section 58. Subsection (3) of section 350.0605, Florida 1420 Statutes, is amended to read: 1421 350.0605 Former commissioners and employees; representation 1422 of clients before commission.— 1423 (3) For a period of 2 years following termination of 1424 service on the commission, a former member may not accept 1425 employment by or compensation from a business entity which, 1426 directly or indirectly, owns or controls a public utility 1427 regulated by the commission, from a public utility regulated by 1428 the commission, from a business entity which, directly or 1429 indirectly, is an affiliate or subsidiary of a public utility 1430 regulated by the commission or is an actual business competitor 1431 of a local exchange company or public utility regulated by the 1432 commission and is otherwise exempt from regulation by the 1433 commission under ss. 364.02(13)ss.364.02(14)and 366.02(1), or 1434 from a business entity or trade association that has been a 1435 party to a commission proceeding within the 2 years preceding 1436 the member’s termination of service on the commission. This 1437 subsection applies only to members of the Florida Public Service 1438 Commission who are appointed or reappointed after May 10, 1993. 1439 Section 59. Section 364.105, Florida Statutes, is amended 1440 to read: 1441 364.105 Discounted rate for basic service for former 1442 Lifeline subscribers.—Each local exchange telecommunications 1443 company shall offer discounted residential basic local 1444 telecommunications service at 70 percent of the residential 1445 local telecommunications service rate for any Lifeline 1446 subscriber who no longer qualifies for Lifeline. A Lifeline 1447 subscriber who requests such service shall receive the 1448 discounted price for a period of 1 year after the date the 1449 subscriber ceases to be qualified for Lifeline. In no event 1450 shall this preclude the offering of any other discounted 1451 services which comply with s. 364.10ss.364.08and364.10. 1452 Section 60. Section 364.32, Florida Statutes, is amended to 1453 read: 1454 364.32 Definitions applicable to s. 364.33ss.364.33,1455364.337,364.345and364.37.—As used in ss.364.33,364.337,1456364.345and364.37: 1457 (1) “Person” means: 1458 (a) Any natural person, firm, association, county, 1459 municipality, corporation, business, trust, or partnership 1460 owning, leasing, or operating any facility used in the 1461 furnishing of public telecommunications service within this 1462 state; and 1463 (b) A cooperative, nonprofit, membership corporation, or 1464 limited dividend or mutual association, now or hereafter 1465 created, with respect to that part or portion of its operations 1466 devoted to the furnishing of telecommunications service within 1467 this state. 1468 (2) “Territory” means any area, whether within or without 1469 the boundaries of a municipality. 1470 Section 61. Subsection (5) of section 489.103, Florida 1471 Statutes, is amended to read: 1472 489.103 Exemptions.—This part does not apply to: 1473 (5) Public utilities, including special gas districts as 1474 defined in chapter 189, telecommunications companies as defined 1475 in s. 364.02(13)s.364.02(14), and natural gas transmission 1476 companies as defined in s. 368.103(4), on construction, 1477 maintenance, and development work performed by their employees, 1478 which work, including, but not limited to, work on bridges, 1479 roads, streets, highways, or railroads, is incidental to their 1480 business. The board shall define, by rule, the term “incidental 1481 to their business” for purposes of this subsection. 1482 Section 62. This act shall take effect July 1, 2011.