Bill Text: FL S1656 | 2010 | Regular Session | Introduced
Bill Title: Access to Telecommunications Service [EPSC]
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Communications, Energy, and Public Utilities [S1656 Detail]
Download: Florida-2010-S1656-Introduced.html
Florida Senate - 2010 SB 1656 By Senator Gelber 35-01352-10 20101656__ 1 A bill to be entitled 2 An act relating to access to telecommunications 3 service; amending s. 427.704, F.S.; directing the 4 Public Service Commission to establish a statewide 5 telecommunication system capable of providing audible 6 universal information access service to persons who 7 are visually impaired or unable to communicate using a 8 print medium; authorizing the commission to contract 9 for the administration and operation of the system; 10 providing for funding of the system; providing an 11 effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Section 427.704, Florida Statutes, is amended to 16 read: 17 427.704 Powers and duties of the commission.— 18 (1)(a) The commission shall establish, implement, promote, 19 and oversee the administration of a statewide telecommunications 20 access system to provide access to telecommunications relay 21 services by persons who are hearing impaired or speech impaired, 22 or others who communicate with them. The telecommunications 23 access system shall provide for the purchase and distribution of 24 specialized telecommunications devices and the establishment of 25 statewide single provider telecommunications relay service 26 system which operates continuously. To provide 27 telecommunications relay services and distribute specialized 28 telecommunication devices to persons who are hearing impaired or 29 speech impaired, at a reasonable cost the commission shall: 30 1.(a)Investigate, conduct public hearings, and solicit the 31 advice and counsel of the advisory committee established 32 pursuant to s. 427.706 to determine the most cost-effective 33 method for providing telecommunications relay service and 34 distributing specialized telecommunications devices. 35 2.(b)Ensure that users of the telecommunications relay 36 service system pay rates no greater than the rates paid for 37 functionally equivalent voice communication services with 38 respect to such factors as duration of the call, time of day, 39 and distance from the point of origination to the point of 40 termination. 41 3.(c)Ensure that the telecommunications access system 42 protects the privacy of persons to whom services are provided 43 and that all operators maintain the confidentiality of all relay 44 service messages. 45 4.(d)Ensure that the telecommunications relay service 46 system complies with regulations adopted by the Federal 47 Communications Commission to implement Title IV of the Americans 48 with Disabilities Act. 49 (b) The commission shall provide for the establishment of a 50 statewide telecommunication system capable of providing audible 51 universal information access service to persons who are visually 52 impaired or unable to communicate using print media and those 53 who communicate with them. 54 1. The commission may contract for the administration and 55 operation of the system. 56 2. One-fourth of one percent of the current monthly 57 maintenance surcharge shall be used to fund the system. 58 (2) The commission shall designate as the administrator of 59 the telecommunications access system a corporation not for 60 profit organized for such purposes and incorporated pursuant to 61 chapter 617. For the purposes of this part, the commission may 62 order telecommunications companies to form such a corporation 63 not for profit. 64 (3)(a) The commission shall select the provider of the 65 telecommunications relay service pursuant to procedures 66 established by the commission. In selecting the service 67 provider, the commission shall take into consideration the cost 68 of providing the relay service and the interests of the hearing 69 impaired and speech impaired community in having access to a 70 high-quality and technologically advanced telecommunications 71 system. The commission shall award the contract to the bidder 72 whose proposal is the most advantageous to the state, taking 73 into consideration the following: 74 1. The appropriateness and accessibility of the proposed 75 telecommunications relay service for the citizens of the state, 76 including persons who are hearing impaired or speech impaired. 77 2. The overall quality of the proposed telecommunications 78 relay service. 79 3. The charges for the proposed telecommunications relay 80 service system. 81 4. The ability and qualifications of the bidder to provide 82 the proposed telecommunications relay service as outlined in the 83 request for proposals. 84 5. Any proposed service enhancements and technological 85 enhancements which improve service without significantly 86 increasing cost. 87 6. Any proposed inclusion of provision of assistance to 88 deaf persons with special needs to access the basic 89 telecommunications system. 90 7. The ability to meet the proposed commencement date for 91 the telecommunications relay service. 92 8. All other factors listed in the request for proposals. 93 (b) The commission shall consider the advice and counsel of 94 the advisory committee in the development of the request for 95 proposals. The request for proposals shall include, but not be 96 limited to: 97 1. A description of the scope and general requirements of 98 the telecommunications relay service, including the required 99 compliance with regulations adopted by the Federal 100 Communications Commission to implement Title IV of the Americans 101 with Disabilities Act, the required service provisions and 102 service limitations, system design, service provider 103 qualifications, and service description, type of calls to be 104 provided, and charges to the users. 105 2. A description of the telecommunications relay service 106 system standards. 107 3. A description of information to be provided by the 108 bidder, including service provider qualifications, cost 109 information, including cost per call and startup costs, a 110 description of the system design, including network access and 111 facilities to be provided, and relay operator standards. 112 4. A description of service provider reporting 113 requirements. 114 (c) The commission shall establish a request for a 115 proposals review committee, which shall include commission staff 116 and designated members of the advisory committee, to review the 117 proposals received by the commission and recommend a 118 telecommunications relay service provider to the commission for 119 final selection. By agreeing to serve on the review committee, 120 each member of the review committee shall agree that he or she 121 currently does not have and will not have any interest or 122 employment, either directly or indirectly, with potential 123 bidders that would conflict in any manner or degree with his or 124 her performance on the committee. 125 (d) To the extent a bidder desires any portion of its 126 proposal to be considered proprietary, confidential business 127 information, the bidder shall make such request concurrent with 128 filing its proposal and justify its request as provided in s. 129 364.183. 130 (4)(a) The commission shall establish a mechanism to 131 recover the costs of implementing and maintaining the services 132 required pursuant to this part which shall be applied to each 133 basic telecommunications access line. In establishing the 134 recovery mechanism, the commission shall: 135 1. Require all local exchange telecommunications companies 136 to impose a monthly surcharge on all local exchange 137 telecommunications company subscribers on an individual access 138 line basis, except that such surcharge shall not be imposed upon 139 more than 25 basic telecommunications access lines per account 140 bill rendered. 141 2. Require all local exchange telecommunications companies 142 to include the surcharge as a part of the local service charge 143 that appears on the customer’s bill, except that the local 144 exchange telecommunications company shall specify the surcharge 145 on the initial bill to the subscriber and itemize it at least 146 once annually. 147 3. Allow the local exchange telecommunications company to 148 deduct and retain 1 percent of the total surcharge amount 149 collected each month to recover the billing, collecting, 150 remitting, and administrative costs attributed to the surcharge. 151 (b) The commission shall determine the amount of the 152 surcharge based upon the amount of funding necessary to 153 accomplish the purposes of this act and provide the services on 154 an ongoing basis; however, in no case shall the amount exceed 25 155 cents per line per month. 156 (c) All moneys received by the local exchange 157 telecommunications company, less the amount retained as 158 authorized by subparagraph (4)(a)3., shall be remitted to the 159 administrator for deposit in appropriate financial institutions 160 regulated under state or federal law and used exclusively to 161 fund the telecommunications access systemssystemprovided for 162 in this sectionherein. 163 (d) The surcharge collected by the local exchange 164 telecommunications companies is not subject to any sales, use, 165 franchise, income, municipal utility, gross receipts, or any 166 other tax, fee, or assessment, nor shall it be considered 167 revenue of the local exchange telecommunications companies for 168 any purpose. 169 (e) From the date of implementing the surcharge, the 170 commission shall review the amount of the surcharge at least 171 annually and shall order changes in the amount of the surcharge 172 as necessary to assure available funds for the provision of the 173 telecommunications access system established herein. IfWhere174 the review of the surcharge determines that excess funds are 175 available, the commission may order the suspension of the 176 surcharge for a period which the commission deems appropriate. 177 (5) The commission shall require each local exchange 178 telecommunications company to begin assessing and collecting the 179 surcharge in the amount of 5 cents per access line per month on 180 bills rendered on or after July 1, 1991, for remission to the 181 administrator for deposit in the operational fund. Each local 182 exchange telecommunications company shall remit moneys collected 183 to the administrator.On August 15, 1991,Each local exchange 184 telecommunications company shall remitbegin remittingthe 185 moneys collected to the administrator on a monthly basis and in 186 a manner as prescribed by the commission. The administrator 187 shall use such moneys to cover costs incurred during the 188 development of the telecommunications relay services and to 189 establish and administer the specialized telecommunications 190 devices systemssystem. 191 (6) The commission shall establish a schedule for 192 completion of specific stages of the telecommunications relay 193 service development and implementationexcept that the statewide194telecommunications relay service shall commence on or before195June 1, 1992. 196 (7) The commission shall require the administrator to 197 submit financial statements for the distribution of specialized 198 telecommunications devices and the telecommunications relay 199 service to the commission quarterly, in the manner prescribed by 200 the commission. 201 (8) The commission shall adopt rules and may take any other 202 action necessary to implement the provisions of this act. 203 (9) The commission shall provide to the President of the 204 Senate and to the Speaker of the House of Representatives an 205 annual report on the operation of the telecommunications access 206 system.The first report shall be provided no later than January2071, 1992, and successiveReports shall be provided by January 1 208 of each yearthereafter. Reports shall be prepared in 209 consultation with the administrator and the advisory committee. 210 The reports shall, at a minimum, briefly outline the status of 211 developments of the telecommunications access system, the number 212 of persons served, the call volume, revenues and expenditures, 213 the allocation of the revenues and expenditures between 214 provision of specialized telecommunications devices to 215 individuals and operation of statewide relay service, other 216 major policy or operational issues, and proposals for 217 improvements or changes to the telecommunications access system. 218 Section 2. This act shall take effect July 1, 2010.