SB 1018 — Designation of Eligible Telecommunications Carriers

Florida Senate - 2018 CS for CS for SB 1018 By the CommitteeCommittees on Communications,Governmental Energy,Oversight and PublicAccountability; Utilities;

and SenatorCommunications, BeanEnergy, 579-01985-18and 20181018c1Public AUtilities; bill to be entitled An act relating to Lifeline service;

and Senators Bean and Stargel 585-02918-18 20181018c2 A bill to be entitled An act relating to designation of eligible telecommunications carriers;

revising the term “eligible telecommunications carrier”carrier”; to include commercial mobile radio service providers under a specified circumstance;

authorizing the Public Service Commission to designate any commercial mobile radio service provider as an eligible telecommunications carrier for the purpose of providing Lifeline service;

deleting a provision requiring carriers to allow subscribers to demonstrate continued eligibility for Lifeline service under certain conditions;

requiring subscribers to furnish proof of eligibility upon request from the carrier or the Federal Communications Commission or its designee;

revising the carriers that may provide Lifeline service;

revising Lifeline service eligibility;

deleting obsolete provisions;

revising the entities with which the commission may exchange certain information;

amending s.

364.107, F.S.;

revising the entities to which certain information relating to Lifeline service eligibility may be released;

823 Be It Enacted by the Legislature of the State of Florida:

1025 Section 1. Paragraph1. Section (a) of subsection (1) of section 364.10, Florida Statutes, is amended to read:

364.02, or,which foris thedesignated limitedas purposean ofeligible qualificationtelecommunications tocarrier provideby Lifelinethe service,commission anypursuant commercialto mobile47 radioC.F.R. service provider.

Such company or provider must also be which is designated as an eligible telecommunications carrier by the commission pursuant to 47 C.F.R.

SectionNotwithstanding 2. Thisthe actprovision shallof takes. effect July 1, 2018.

364.011 that exempts certain commercial mobile radio service providers from commission oversight, the term “eligible telecommunications carrier” includes any commercial mobile radio service provider designated by the commission pursuant to 47 C.F.R.

s.

54.201 and the commission is authorized to make such a designation, upon petition, for the limited purpose of providing Lifeline service.

(b) An eligible telecommunications carrier must shall offer a consumer who applies for or receives Lifeline service the option of blocking all toll calls or, if technically capable, placing a limit on the number of toll calls a consumer can make.

The eligible telecommunications carrier may not charge the consumer an administrative charge or other additional fee for blocking the service.

(c) An eligible telecommunications carrier may not collect a service deposit in order to initiate Lifeline service if the qualifying low-income consumer voluntarily elects toll blocking or toll limitation.

If the qualifying low-income consumer elects not to place toll blocking on the line, an eligible telecommunications carrier may charge a service deposit.

(d) An eligible telecommunications carrier may not charge Lifeline subscribers a monthly number-portability charge.

(e)1. An eligible telecommunications carrier must notify a Lifeline subscriber of impending termination of Lifeline service if the company has a reasonable basis for believing that the subscriber no longer qualifies for such service.

Notification of pending termination must be in the form of a letter that is separate from the subscriber’s bill.

2. An eligible telecommunications carrier shall allow a subscriber 60 days following the date of the pending termination letter to demonstrate continued eligibility.

The subscriber must present proof of continued eligibility upon request of the eligible telecommunications carrier or the Federal Communications Commission or its designee.

An eligible telecommunications carrier may transfer a subscriber off of Lifeline service, pursuant to its tariff, if the subscriber fails to demonstrate continued eligibility.

3. The commission shall establish procedures for such notification and termination.

(f) An eligible telecommunications carrier must shall timely credit a consumer’s bill with the Lifeline Assistance credit as soon as practicable, but no later than 60 days following receipt of notice of eligibility from the Office of Public Counsel or proof of eligibility from the consumer.

(2)(a) An Each local exchange telecommunications company that has more than 1 million access lines and that is designated as an eligible telecommunications carrier, including shall, and any commercial mobile radio service provider designated as an eligible telecommunications carrier pursuant to 47 U.S.C.

s.

214(e) may, upon filing a notice of election to do so with the commission, provide Lifeline service to any otherwise eligible customer or potential customer who meets an income eligibility test at 135 150 percent or less of the federal poverty income guidelines for Lifeline customers.

Such a test for eligibility must augment, rather than replace, the eligibility standards established by federal law and based on participation in certain low-income assistance programs.

Each intrastate interexchange telecommunications company shall file or publish a schedule providing at a minimum the intrastate interexchange telecommunications company’s current Lifeline benefits and exemptions to Lifeline customers who meet the income eligibility test set forth in this subsection.

The Office of Public Counsel shall certify and maintain claims submitted by a customer for eligibility under the income test authorized by this subsection.