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DATE: |
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TO: |
Office of Commission Clerk (Cole) |
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FROM: |
Office of the General Counsel (Miller) Office of Telecommunications (Salak) Division of Economics (King) |
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RE: |
Docket No. 120238-TP – Proposed repeal of Rule 25-24.585, Rules Incorporated; and Rule 25-24.835, Rules Incorporated. Proposed adoption of Rule 25-4.0051, Certificate Holder Information. |
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AGENDA: |
12/10/12 – Regular Agenda – Interested Persons May Participate |
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COMMISSIONERS ASSIGNED: |
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PREHEARING OFFICER: |
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SPECIAL INSTRUCTIONS: |
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FILE NAME AND LOCATION: |
S:\PSC\GCL\WP\120238.RCM.DOC |
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Rule 25-24.585, Florida Administrative Code (F.A.C.), on Rules Incorporated sets out the rules which apply to shared tenant service companies. Rule 25-24.835, F.A.C., on Rules Incorporated sets out the rules which apply to competitive local exchange companies. These rules are no longer necessary because the new law, the Regulatory Reform Act of 2011, provides that telecommunications companies are to be treated the same. Separate rules are not needed for shared tenant service providers and competitive local exchange companies. The remaining rules will apply to all local service providers; previously the rules were divided to separately apply to shared tenant service providers and competitive local exchange companies. New Rule 25-4.0051, Current Certificate Holder Information will apply to all local service providers and will require them to file updated contact information.
Notice of the rule development appeared in the August 31, 2012, edition of the Florida Administrative Weekly. No one requested a workshop, so no workshop was held.
This recommendation addresses whether the Commission should propose the repeal of Rules 25-24.585 and 25-24.835 and the adoption of Rule 25-4.0051, F.A.C. The Commission has jurisdiction pursuant to Section 120.54, Florida Statutes.
Issue 1:
Should the Commission propose the repeal of Rule 25-24.585, F.A.C., Rules Incorporated, and Rule 25-24.835, F.A.C., Rules Incorporated, and propose the adoption of Rule 25-4.0051, F.A.C., New Certificate Holder Information?
Recommendation:
Yes, the Commission should propose the repeal of Rules 25-24.585 and 25-24.835 and the adoption of Rule 25-4.0051 as set forth in Attachment A. (Miller, Salak)
Staff Analysis:
Rules 25-24.585 and 25-24.835, F.A.C., address shared tenant service providers and competitive local exchange companies. Rule 25-24.585, F.A.C. on Rules Incorporated sets out the rules which apply to shared tenant service providers. Rule 25-24.835, F.A.C., on Rules Incorporated sets out the rules which apply to competitive local exchange companies. Chapter 364, Florida Statutes, was modified in 2011 to treat all local service providers the same in recognition of competition. Thus, staff recommends that Rule 25-24-585 and 25-24.835 be repealed. The migration to one set of rules for all certificated local telecommunications companies is consistent with that law.
Staff also recommends that the Commission adopt Rule 25-4.0051, F.A.C., to require all telecommunications companies to keep updated contact information with the Commission. Shared tenant service providers and competitive local exchange companies were required to provide the contact information under the existing rules which are being repealed. However, staff believes the information is still necessary and should be required of all the local telecommunications companies. In the matters that continue within the Commission’s jurisdiction (such as wholesale carrier disputes), it is important to have contact information.
Statement of Estimated Regulatory Costs (SERC)
The Statement of Estimated Regulatory Costs (attachment B) analyzed whether the rule repeals are likely to have an adverse impact on growth, private sector job creation or employment, or private sector investment in excess of $1 million in the aggregate within 5 years after implementation. Also, the statute requires consideration of whether the draft rules are likely to have an adverse impact on business competitiveness, productivity, or innovation in excess of the above amount. These rule repeals would not have such impacts. Thus, the rule repeals do not require legislative ratification, pursuant to Section 120.541(3), Florida Statutes. In addition, the SERC addresses a number of other statutory requirements.
Staff recommends that the Commission propose the repeal
of Rule 25-24.585 and 25-24.835, F.A.C., and the adoption of Rule 25-4.043,
F.A.C.
Issue 2:
Should this docket be closed?
Recommendation:
Yes. If no requests for hearing or comments are filed, the rules should be filed with the Department of State, and the docket should be closed. (Miller)
Staff Analysis:
If no requests for hearing or comments are filed, the rules should be filed with the Department of State, and the docket should be closed.
25-24.585 Rules Incorporated.
(1) The following rules are incorporated herein by reference
and apply to shared tenant service companies:
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(2) Each shared tenant service company shall file with the
Commission’s Office of Commission Clerk updated information for the following
items within ten days after either such change occurs.
(a) The mailing address of the certificate holder.
(b) Name, title, and phone number of individual responsible
for Commission contacts.
Rulemaking Authority 350.127(2), 427.704(8) FS. Law Implemented 350.113, 364.016, 364.17, 364.18, 364.183, 364.185, 364.339 FS. History–New 1-28-91, Amended 12-29-91, 11-13-95, 7-29-97, 4-8-98, 12-23-02, 11-16-0, Repealed______.
25-24.835 Rules Incorporated.
(1) The following rules are incorporated herein by reference
and apply to competitive local exchange companies.
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(2) Each company shall file updated information for the
following items with the Office of Commission Clerk within 10 days after any
changes to the following:
(a) The address of the certificate holder’s main corporate and
Florida offices (if any) including street name and address and post office box,
city, state and zip code; or
(b) Telephone number, name, and address of the individual who
is to serve as primary liaison with the Commission in regard to the ongoing Florida operations of the certificated company.
Rulemaking Authority 350.127(2), 364.337(2), 427.704(8) FS. Law Implemented 364.016, 364.183, 364.336, 364.337(2) FS. History–New 12-27-95, Amended 4-8-98, 6-24-99, 8-25-05, Repealed_______.
25-4.0051 Current Certificate Holder Information,
(1) Each company shall file updated information for the following items with the Office of Commission Clerk within 10 days after any changes to the following:
(a) The address of the certificate holder’s main corporate and Florida offices (if any) including street name and address and post office box, city, state and zip code; or
(b) Telephone number, name, and address of the individual who is to serve as primary liaison with the Commission in regard to the ongoing Florida operations of the certificated company.
Rulemaking Authority 350.127(2), 364.337(2), 427.704(8), FS. Law implemented 364.016, 364.183, 364.336, 364.337(2) FS. History-New xx-xx-xx.