Chapter 364 — Chapter 364
29 sections in this chapter.
Fla. Stat. § 364.01 Powers of commission, legislative intent
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(1) The Florida Public Service Commission shall exercise over and in relation to telecommunications companies the powers conferred by this chapter.(2) It is the legislative intent to give exclusive jurisdiction in all matters set forth in this chapter to the Florida Public Servic…
Fla. Stat. § 364.011 Exemptions from commission jurisdiction
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The following services are exempt from oversight by the commission, except to the extent delineated in this chapter:(1) Intrastate interexchange telecommunications services.(2) Broadband services, regardless of the provider, platform, or protocol.(3) VoIP.(4) Wireless telecommuni…
Fla. Stat. § 364.012 Consistency with federal law
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(1) In order to promote commission coordination with federal policymakers and regulatory agencies, the commission shall maintain continuous liaisons with appropriate federal agencies whose policy decisions and rulemaking authority affect those telecommunications companies over wh…
Fla. Stat. § 364.013 Emerging and advanced services
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Broadband service and the provision of voice-over-Internet-protocol (VoIP) are exempt from commission jurisdiction and shall be free of state regulation, except as delineated in this chapter, regardless of the provider, platform, or protocol. Notwithstanding the exemptions in thi…
Fla. Stat. § 364.015 Injunctive relief
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The Legislature finds that violations of commission orders or rules, in connection with the impairment of a telecommunications company’s operations or service, constitute irreparable harm for which there is no adequate remedy at law. The commission is authorized to seek relief in…
Fla. Stat. § 364.016 Travel costs
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The commission has the authority to assess a telecommunications company for reasonable travel costs associated with reviewing the records of the telecommunications company and its affiliates when such records are kept out of state. The telecommunications company may bring the rec…
Fla. Stat. § 364.02 Definitions
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As used in this chapter, the term:(1) “Basic local telecommunications service” means voice-grade, single-line, flat-rate residential local exchange service that provides dial tone, local usage necessary to place unlimited calls within a local exchange area, dual tone multifrequen…
Fla. Stat. § 364.0361 Local government authority; nondiscriminatory exercise
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A local government shall treat each telecommunications company in a nondiscriminatory manner when exercising its authority to grant franchises to a telecommunications company or to otherwise establish conditions or compensation for the use of rights-of-way or other public propert…
Fla. Stat. § 364.04 Schedules of rates, tolls, rentals, and charges; filing; public inspection
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(1) Every telecommunications company shall publish through electronic or physical media schedules showing the rates, tolls, rentals, and charges of that company for service to be offered within the state. The commission shall have no jurisdiction over the content or form or forma…
Fla. Stat. § 364.10 Lifeline service
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(1)(a) An eligible telecommunications carrier shall provide a Lifeline Assistance Plan to qualified residential subscribers, as defined in the eligible telecommunications carrier’s published schedules. For the purposes of this section, the term “eligible telecommunications carrie…
Fla. Stat. § 364.105 Discounted rate for basic service for former Lifeline subscribers
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Each local exchange telecommunications company shall offer discounted residential basic local telecommunications service at 70 percent of the residential local telecommunications service rate for any Lifeline subscriber who no longer qualifies for Lifeline. A Lifeline subscriber …
Fla. Stat. § 364.107 Public records exemption; Lifeline Assistance Plan participants
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(1) Personal identifying information of a participant in a telecommunications carrier’s Lifeline Assistance Plan under s. 364.10 held by the Public Service Commission is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.(2) Information made …
Fla. Stat. § 364.16 Local interconnection, unbundling, and resale
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(1) The Legislature finds that the competitive provision of local exchange service requires appropriate continued regulatory oversight of carrier-to-carrier relationships in order to provide for the development of fair and effective competition.(2) It is the intent of the Legisla…
Fla. Stat. § 364.163 Network access services
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For purposes of this section, the term “network access service” is defined as any service provided by a local exchange telecommunications company to a telecommunications company certificated under this chapter or licensed by the Federal Communications Commission to access the loc…
Fla. Stat. § 364.183 Access to company records
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(1) The commission shall have access to all records of a telecommunications company which are reasonably necessary for the disposition of matters within the commission’s jurisdiction. The commission may require a telecommunications company to file records, reports or other data d…
Fla. Stat. § 364.195 Termination of telecommunications service contract by a servicemember
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(1) Any servicemember, as defined in s. 250.01, may terminate his or her telecommunications service contract by providing the telecommunications company with a written notice of termination, effective on the date specified in the notice, which date shall be at least 30 days after…
Fla. Stat. § 364.24 Penalty for making telephone message or customer account information known
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(1) Except as otherwise deemed by law, any officer or person in the employ of any telecommunications company, or any person in charge of any office, exchange, or place where messages or communications are sent, received, or heard by telephone, who shall disclose or make known to …
Fla. Stat. § 364.245 Discontinuation of telecommunications service used for unlawful purpose
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(1) A customer of a telecommunications company operating within the state may use telecommunications services only for lawful purposes.(2) If a local, state, or federal law enforcement officer acting within the scope of the officer’s duties obtains evidence that telecommunication…
Fla. Stat. § 364.285 Penalties
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(1) The commission shall have the power to impose upon any entity subject to its jurisdiction under this chapter which is found to have refused to comply with or to have willfully violated any lawful rule or order of the commission or any provision of this chapter a penalty for e…
Fla. Stat. § 364.30 Telecommunications companies; points of connection
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(1) Any telecommunications company operating within the state subject to the provisions of this chapter, having more than one point of connection with or through any other telecommunications company, is hereby authorized and permitted to use and enjoy any of its points of connect…
Fla. Stat. § 364.32 Definitions applicable to s. 364.33
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(1) “Person” means:(a) Any natural person, firm, association, county, municipality, corporation, business, trust, or partnership owning, leasing, or operating any facility used in the furnishing of public telecommunications service within this state; and(b) A cooperative, nonprof…
Fla. Stat. § 364.33 Certificate of necessity or authority
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A person may not provide telecommunications services to the public without a certificate of necessity or a certificate of authority. After July 1, 2011, the commission shall cease to issue certificates of necessity, but existing certificates of necessity remain valid. A certifica…
Fla. Stat. § 364.335 Application for certificate of authority
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(1) Each applicant for a certificate of authority shall:(a) Provide the following information:1. The applicant’s official name and, if different, any name under which the applicant will do business.2. The street address of the principal place of business of the applicant.3. The f…
Fla. Stat. § 364.336 Regulatory assessment fees
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(1) Notwithstanding any law to the contrary, each telecommunications company licensed or operating under this chapter, for any part of the preceding 6-month period, shall pay to the commission, within 30 days following the end of each 6-month period, a fee that may not exceed 0.2…
Fla. Stat. § 364.3375 Pay telephone service providers
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(1)(a) A person may not provide pay telephone service without first obtaining from the commission a certificate of authority or necessity to provide such service, except that the certification provisions of this subsection do not apply to a local exchange telecommunications compa…
Fla. Stat. § 364.381 Judicial review
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As authorized by s. 3(b)(2), Art. V of the State Constitution, the Supreme Court shall review, upon petition, any action of the commission relating to rates or service of telecommunications companies. For purposes of judicial review, a telecommunications company is a telephone co…
Fla. Stat. § 364.385 Saving clauses
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The rates and charges for network access service approved by the commission in accordance with the decisions set forth in Order Nos. PSC 03-1469-FOF-TL and PSC 04-0456-FOF-TL, and which are in effect immediately prior to July 1, 2007, shall remain in effect and such rates and cha…
Fla. Stat. § 364.386 Reports to the Legislature
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(1)(a) The commission shall submit to the President of the Senate, the Speaker of the House of Representatives, and the majority and minority leaders of the Senate and the House of Representatives, on August 1, on an annual basis, a report on the status of competition in the tele…
Fla. Stat. § 364.391 Rural electric cooperatives engaged in the provision of broadband
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(1) As used in this section, the term:(a) “Affiliate” means an entity related through a parent cooperative’s controlling interest. The term includes a subsidiary or any other entity under common control with the cooperative.(b) “Cooperative” means a rural electric cooperative est…