Bill Text: FL S0742 | 2019 | Regular Session | Introduced
Bill Title: Designation of Eligible Telecommunications Carriers
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-05-03 - Died in Messages [S0742 Detail]
Download: Florida-2019-S0742-Introduced.html
Florida Senate - 2019 SB 742
By Senator Braynon
35-00780-19 2019742__
1 A bill to be entitled
2 An act relating to designation of eligible
3 telecommunications carriers; amending s. 364.10, F.S.;
4 including certain commercial mobile radio service
5 providers within the definition of the term “eligible
6 telecommunications carrier”; authorizing the Public
7 Service Commission to designate any commercial mobile
8 radio service provider as an eligible
9 telecommunications carrier for the limited purpose of
10 providing Lifeline service; deleting a provision
11 requiring carriers to allow subscribers to demonstrate
12 continued eligibility for Lifeline service under
13 certain conditions; requiring subscribers to furnish
14 proof of eligibility upon request from the carrier or
15 the Federal Communications Commission or its designee;
16 revising the carriers that may provide Lifeline
17 service; revising Lifeline service eligibility;
18 deleting obsolete provisions; revising the entities
19 with which the commission may exchange certain
20 information; amending s. 364.107, F.S.; revising the
21 entities to which certain information relating to
22 Lifeline service eligibility may be released;
23 providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Section 364.10, Florida Statutes, is amended to
28 read:
29 364.10 Lifeline service.—
30 (1)(a) An eligible telecommunications carrier must shall
31 provide a Lifeline Assistance Plan to qualified residential
32 subscribers, as defined in the eligible telecommunications
33 carrier’s published schedules. For the purposes of this section,
34 the term “eligible telecommunications carrier” means a
35 telecommunications company, as defined by s. 364.02, which is
36 designated as an eligible telecommunications carrier by the
37 commission pursuant to 47 C.F.R. s. 54.201. Notwithstanding the
38 provision of s. 364.011 which exempts certain commercial mobile
39 radio service providers from commission oversight, the term
40 “eligible telecommunications carrier” includes any commercial
41 mobile radio service provider designated by the commission
42 pursuant to 47 C.F.R. s. 54.201, and the commission, upon
43 petition, may make such a designation only for the purpose of
44 providing Lifeline service.
45 (b) An eligible telecommunications carrier must shall offer
46 a consumer who applies for or receives Lifeline service the
47 option of blocking all toll calls or, if technically capable,
48 placing a limit on the number of toll calls a consumer can make.
49 The eligible telecommunications carrier may not charge the
50 consumer an administrative charge or other additional fee for
51 blocking the service.
52 (c) An eligible telecommunications carrier may not collect
53 a service deposit in order to initiate Lifeline service if the
54 qualifying low-income consumer voluntarily elects toll blocking
55 or toll limitation. If the qualifying low-income consumer elects
56 not to place toll blocking on the line, an eligible
57 telecommunications carrier may charge a service deposit.
58 (d) An eligible telecommunications carrier may not charge
59 Lifeline subscribers a monthly number-portability charge.
60 (e)1. An eligible telecommunications carrier must notify a
61 Lifeline subscriber of impending termination of Lifeline service
62 if the company has a reasonable basis for believing that the
63 subscriber no longer qualifies for the service. Notification of
64 pending termination must be in the form of a letter that is
65 separate from the subscriber’s bill.
66 2. An eligible telecommunications carrier shall allow a
67 subscriber 60 days following the date of the pending termination
68 letter to demonstrate continued eligibility. The subscriber must
69 present proof of continued eligibility upon request of the
70 eligible telecommunications carrier or the Federal
71 Communications Commission or its designee. An eligible
72 telecommunications carrier may transfer a subscriber off of
73 Lifeline service, pursuant to its tariff, if the subscriber
74 fails to demonstrate continued eligibility.
75 3. The commission shall establish procedures for such
76 notification and termination.
77 (f) An eligible telecommunications carrier must shall
78 timely credit a consumer’s bill with the Lifeline Assistance
79 credit as soon as practicable, but no later than 60 days
80 following receipt of notice of eligibility from the Office of
81 Public Counsel or proof of eligibility from the consumer.
82 (2)(a) Each local exchange telecommunications company that
83 has more than 1 million access lines and that is designated as
84 An eligible telecommunications carrier, including shall, and any
85 commercial mobile radio service provider designated as an
86 eligible telecommunications carrier pursuant to 47 U.S.C. s.
87 214(e), may, upon filing a notice of election to do so with the
88 commission, provide Lifeline service to any otherwise eligible
89 customer or potential customer who meets an income eligibility
90 test at 135 150 percent or less of the federal poverty income
91 guidelines for Lifeline customers. Such a test for eligibility
92 must augment, rather than replace, the eligibility standards
93 established by federal law and based on participation in certain
94 low-income assistance programs. Each intrastate interexchange
95 telecommunications company shall file or publish a schedule
96 providing at a minimum the intrastate interexchange
97 telecommunications company’s current Lifeline benefits and
98 exemptions to Lifeline customers who meet the income eligibility
99 test set forth in this subsection. The Office of Public Counsel
100 shall certify and maintain claims submitted by a customer for
101 eligibility under the income test authorized by this subsection.
102 (b) Each eligible telecommunications carrier subject to
103 this subsection must shall provide to each state and federal
104 agency providing benefits to persons eligible for Lifeline
105 service applications, brochures, pamphlets, or other materials
106 that inform the persons of their eligibility for Lifeline, and
107 each state agency providing the benefits shall furnish the
108 materials to affected persons at the time they apply for
109 benefits.
110 (c) An eligible telecommunications carrier may not
111 discontinue basic local telecommunications service to a
112 subscriber who receives Lifeline service because of nonpayment
113 by the subscriber of charges for nonbasic services billed by the
114 telecommunications company, including, but not limited to, long
115 distance service. A subscriber who receives Lifeline service
116 must shall pay all applicable basic local telecommunications
117 service fees, including the subscriber line charge, E-911,
118 telephone relay system charges, and applicable state and federal
119 taxes.
120 (d) An eligible telecommunications carrier may not refuse
121 to connect, reconnect, or provide Lifeline service because of
122 unpaid toll charges or nonbasic charges other than basic local
123 telecommunications service.
124 (e) An eligible telecommunications carrier may require that
125 payment arrangements be made for outstanding debt associated
126 with basic local telecommunications service, subscriber line
127 charges, E-911, telephone relay system charges, and applicable
128 state and federal taxes.
129 (f) An eligible telecommunications carrier may block a
130 Lifeline service subscriber’s access to all long-distance
131 service, except for toll-free numbers, and may block the ability
132 to accept collect calls if when the subscriber owes an
133 outstanding amount for long-distance service or amounts
134 resulting from collect calls. However, the eligible
135 telecommunications carrier may not impose a charge for blocking
136 long-distance service. The eligible telecommunications carrier
137 shall remove the block at the request of the subscriber without
138 additional cost to the subscriber upon payment of the
139 outstanding amount. An eligible telecommunications carrier may
140 charge a service deposit before removing the block.
141 (g)1. By December 31, 2010, Each state agency that provides
142 benefits to persons eligible for Lifeline service shall
143 undertake, in cooperation with the Department of Children and
144 Families, the Department of Education, the commission, the
145 Office of Public Counsel, and telecommunications companies
146 designated eligible telecommunications carriers providing
147 Lifeline services, the development of procedures to promote
148 Lifeline participation. The department departments, the
149 commission, and the Office of Public Counsel may exchange
150 sufficient information with the appropriate eligible
151 telecommunications carriers or the Federal Communications
152 Commission or its designee and any commercial mobile radio
153 service provider electing to provide Lifeline service under
154 paragraph (a), such as a person’s name, date of birth, service
155 address, and telephone number, so that eligible customers the
156 carriers can be enrolled identify and enroll an eligible person
157 in the Lifeline and Link-Up programs. The information remains
158 confidential and exempt pursuant to s. 364.107 and may only be
159 used for purposes of determining eligibility and enrollment in
160 the Lifeline and Link-Up programs.
161 2. If any state agency determines that a person is eligible
162 for Lifeline services, the agency must shall immediately forward
163 the information to the commission to ensure that the person is
164 automatically enrolled in the program with the appropriate
165 eligible telecommunications carrier. The state agency shall
166 include an option for an eligible customer to choose not to
167 subscribe to the Lifeline service. The Public Service Commission
168 and the Department of Children and Families shall, no later than
169 December 31, 2007, adopt rules creating procedures to
170 automatically enroll eligible customers in Lifeline service.
171 3. By December 31, 2010, The commission, the Department of
172 Children and Families, the Office of Public Counsel, and each
173 eligible telecommunications carrier offering Lifeline and Link
174 Up services shall convene a Lifeline Workgroup to discuss how
175 the eligible subscriber information in subparagraph 1. will be
176 shared, the obligations of each party with respect to the use of
177 that information, and the procedures to be implemented to
178 increase enrollment and verify eligibility in these programs.
179 (h) The commission shall report to the Governor, the
180 President of the Senate, and the Speaker of the House of
181 Representatives by December 31 each year on the number of
182 customers who are subscribing to Lifeline service and the
183 effectiveness of any procedures to promote participation.
184 (i) The commission may undertake appropriate measures to
185 inform low-income consumers of the availability of the Lifeline
186 and Link-Up programs.
187 (j) The commission shall adopt rules to administer this
188 section.
189 Section 2. Subsection (2) of section 364.107, Florida
190 Statutes, is amended to read:
191 364.107 Public records exemption; Lifeline Assistance Plan
192 participants.—
193 (2) Information made confidential and exempt under
194 subsection (1) may be released to the applicable
195 telecommunications carrier or to the Federal Communications
196 Commission or its designee for purposes directly connected with
197 eligibility for, verification related to, or auditing of a
198 Lifeline Assistance Plan.
199 Section 3. This act shall take effect upon becoming a law.
