HB 1377

A bill to be entitled
2An act relating to telecommunications companies; repealing
3ss. 364.03, 364.035, 364.037, 364.05, 364.055, 364.14,
4364.17, and 364.18, F.S., relating to rates, tolls,
5contracts, charges, rules, regulations, performance of
6service, and maintenance of telecommunications facilities;
7fixing rates by the Public Service Commission;
8consideration of directory advertising revenues when
9establishing rates; changing rates, tolls, rentals,
10contracts, or charges; procedures for interim rates;
11commission to compel by order or rule the adjustment of
12rates, charges, tolls, rules, or regulations or changes to
13practices or service or the installation of equipment or
14facilities; forms prescribed by the commission; and
15inspection by the commission of accounts and records;
16amending s. 364.051, F.S.; deleting a schedule for
17implementation of price regulation; amending ss. 364.025,
18364.052, 364.063, 364.337, 364.385, and 364.507, F.S.;
19conforming provisions to changes made by the act;
20providing an effective date.
22Be It Enacted by the Legislature of the State of Florida:
24     Section 1.  Sections 364.03, 364.035, 364.037, 364.05,
25364.055, 364.14, 364.17, and 364.18, Florida Statutes, are
27     Section 2.  Subsection (2) of section 364.025, Florida
28Statutes, is amended to read:
29     364.025  Universal service.-
30     (2)  The Legislature finds that each telecommunications
31company should contribute its fair share to the support of the
32universal service objectives and carrier-of-last-resort
33obligations. For a transitional period not to exceed January 1,
342009, the interim mechanism for maintaining universal service
35objectives and funding carrier-of-last-resort obligations shall
36be established by the commission, pending the implementation of
37a permanent mechanism. The interim mechanism shall be applied in
38a manner that ensures that each competitive local exchange
39telecommunications company contributes its fair share to the
40support of universal service and carrier-of-last-resort
41obligations. The interim mechanism applied to each competitive
42local exchange telecommunications company shall reflect a fair
43share of the local exchange telecommunications company's
44recovery of investments made in fulfilling its carrier-of-last-
45resort obligations, and the maintenance of universal service
46objectives. The commission shall ensure that the interim
47mechanism does not impede the development of residential
48consumer choice or create an unreasonable barrier to
49competition. In reaching its determination, the commission shall
50not inquire into or consider any factor that is inconsistent
51with s. 364.051(1)(c). The costs and expenses of any government
52program or project required in part II of this chapter shall not
53be recovered under this section.
54     Section 3.  Subsection (1) of section 364.051, Florida
55Statutes, is amended to read:
56     364.051  Price regulation.-
58COMPANIES SCHEDULE.-Notwithstanding any other provisions of this
59chapter, all the following local exchange telecommunications
60companies are shall become subject to the price regulation
61described in this section. on the following dates:
62     (a)  For a local exchange telecommunications company with
63100,000 or more access lines in service as of July 1, 1995, such
64company may file with the commission a notice of election to be
65under price regulation effective January 1, 1996, or when a
66competitive local exchange telecommunications company is
67certificated to provide local exchange telecommunications
68services in its service territory, whichever is later.
69     (b)  Effective on the date of filing its election with the
70commission, but no sooner than January 1, 1996, any local
71exchange telecommunications company with fewer than 100,000
72access lines in service on July 1, 1995, that elects pursuant to
73s. 364.052 to become subject to this section.
74     (c)  Each company subject to this section is exempt from
75rate base, rate of return regulation, and the requirements of s.
76ss. 364.03, 364.035, 364.037, 364.05, 364.055, 364.14, 364.17,
77364.18, and 364.19.
78     Section 4.  Subsection (2) of section 364.052, Florida
79Statutes, is amended to read:
80     364.052  Regulatory methods for small local exchange
81telecommunications companies.-
82     (2)  A small local exchange telecommunications company
83shall remain under rate base, rate of return regulation until
84the company elects to become subject to s. 364.051, or January
851, 2001, whichever occurs first. A company subject to this
86section, electing to be regulated pursuant to s. 364.051, will
87have any overearnings attributable to a period prior to the date
88on which the company makes the election subject to refund or
89other disposition by the commission. Small local exchange
90telecommunications companies not electing the price regulation
91provided for under s. 364.051 shall also be regulated pursuant
92to ss. 364.03, 364.035(1) and (2), 364.05, and 364.055 and other
93provisions necessary for rate base, rate of return regulation.
94If a small local exchange telecommunications company has not
95elected to be regulated under s. 364.051, by January 1, 2001,
96the company shall remain under rate base, rate of return
97regulation until such time as a certificated competitive local
98exchange company provides basic local telecommunications service
99in the company's territory. At such time, the small local
100exchange telecommunications company shall be subject to s.
102     (a)  The commission shall establish, by rule, ranges of
103basic factors for lives and salvage values to be used in
104developing depreciation rates for companies subject to this
105section. Companies shall have the option of using basic factors
106within the established ranges or of filing depreciation studies.
107     (b)  The commission shall adopt, by rule, streamlined
108procedures for regulating companies subject to this section.
109These procedures shall minimize the burdens of regulation with
110regard to audits, investigations, service standards, cost
111studies, reports, and other matters, and the commission shall
112establish, by rule, only those procedures that are cost-
113justified and are in the public interest so that universal
114service may be promoted. Upon petition filed in this rulemaking
115proceeding, the commission shall review and may approve any
116regulations unique to the specific circumstances of a company
117subject to this section.
118     Section 5.  Section 364.063, Florida Statutes, is amended
119to read:
120     364.063  Rate adjustment orders.-Any order issued by the
121Florida Public Service Commission adjusting general increases or
122reductions of the rates of a telecommunications company shall be
123reduced to writing, including any dissenting or concurring
124opinions, within 20 days after the official vote of the
125commission. Within such 20-day period, the commission shall also
126mail a copy of the order to the clerk of the circuit court of
127each county in which customers are served who are affected by
128the rate adjustment, which copy shall be kept on file and made
129available to the public. The commission shall notify all parties
130of record in the proceeding of the date of such mailing. Such an
131order shall not be considered rendered for purposes of appeal,
132rehearing, or judicial review until the order is signed and
133dated by the commission's designee. This provision shall not
134delay the effective date of the order. Such an order shall be
135considered rendered on the date of the official vote for the
136purposes of s. 364.05(5).
137     Section 6.  Subsections (1), (2), and (4) of section
138364.337, Florida Statutes, are amended to read:
139     364.337  Competitive local exchange telecommunications
140companies; intrastate interexchange telecommunications services;
142     (1)  Upon this act becoming a law, a party may file an
143application for a certificate as a competitive local exchange
144telecommunications company before January 1, 1996, and the
145commission shall conduct its review of the application and take
146all actions necessary to process the application. However, an
147application shall become effective no sooner than January 1,
1481996. The commission shall grant a certificate of authority to
149provide competitive local exchange service upon a showing that
150the applicant has sufficient technical, financial, and
151managerial capability to provide such service in the geographic
152area proposed to be served. A competitive local exchange
153telecommunications company may not offer basic local
154telecommunications services within the territory served by a
155company subject to s. 364.052 prior to January 1, 2001, unless
156the small local exchange telecommunications company is elects to
157be regulated under s. 364.051 or provides cable television
158programming services directly or as video dial tone applications
159authorized under 47 U.S.C. s. 214, except as provided for in
160compliance with part II. It is the intent of the Legislature
161that the commission act expeditiously to grant certificates of
162authority under this section and that the grant of certificates
163not be affected by the application of any criteria other than
164that specifically enumerated in this subsection.
165     (2)  Rules adopted by the commission governing the
166provision of competitive local exchange telecommunications
167service shall be consistent with s. 364.01. The basic local
168telecommunications service provided by a competitive local
169exchange telecommunications company must include access to
170operator services, "911" services, and relay services for the
171hearing impaired. A competitive local exchange
172telecommunications company's "911" service shall be provided at
173a level equivalent to that provided by the local exchange
174telecommunications company serving the same area. There shall be
175a flat-rate pricing option for basic local telecommunications
176services, and mandatory measured service for basic local
177telecommunications services shall not be imposed. A certificated
178competitive local exchange telecommunications company may
179petition the commission for a waiver of some or all of the
180requirements of this chapter, except ss. 364.16, 364.336, and
181subsections (1) and (5). The commission may grant such petition
182if determined to be in the public interest. Competitive local
183exchange telecommunications companies are not subject to the
184requirements of ss. 364.03, 364.035, 364.037, 364.05, 364.055,
185364.14, 364.17, 364.18, 364.33, and 364.3381.
186     (4)  Rules adopted by the commission governing the
187provision of intrastate interexchange telecommunications service
188must be consistent with s. 364.01. A certificated intrastate
189interexchange telecommunications company may petition the
190commission for a waiver for some or all of the requirements of
191this chapter, except s. 364.16, s. 364.335(3), or subsection
192(5). The commission may grant such petition if determined to be
193in the public interest. Intrastate interexchange
194telecommunications companies are not subject to the requirements
195of s. ss. 364.03, 364.035, 364.037, 364.05, 364.055, 364.14,
196364.17, 364.18, and 364.3381.
197     Section 7.  Subsection (2) of section 364.385, Florida
198Statutes, is amended to read:
199     364.385  Saving clauses.-
200     (2)  All applications for extended area service, routes, or
201extended calling service pending before the commission on March
2021, 1995, shall be governed by the law as it existed prior to
203July 1, 1995. Upon the approval of the application, the extended
204area service, routes, or extended calling service shall be
205considered basic services and shall be regulated as provided in
206s. 364.051 for a company that has elected price regulation.
207Proceedings including judicial review pending on July 1, 1995,
208shall be governed by the law as it existed prior to the date on
209which this section becomes a law. No new proceedings governed by
210the law as it existed prior to July 1, 1995, shall be initiated
211after July 1, 1995. Any administrative adjudicatory proceeding
212which has not progressed to the stage of a hearing by July 1,
2131995, may, with the consent of all parties and the commission,
214be conducted in accordance with the law as it existed prior to
215January 1, 1996.
216     Section 8.  Subsection (2) of section 364.507, Florida
217Statutes, is amended to read:
218     364.507  Legislative intent.-
219     (2)  It is the intent of the Legislature that all local
220exchange telecommunications companies, including those with less
221than 100,000 access lines in service which do not elect to be
222regulated under price regulation pursuant to s. 364.051, should
223be required to provide advanced telecommunications services to
224eligible facilities in the absence of a competitive bid to
225provide such services pursuant to s. 364.510(3). This obligation
226arises from the privileges granted such local exchange
227telecommunications companies under part I of this chapter.
228     Section 9.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.

Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2020 State of Florida.