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DATE:

November 29, 2012

TO:

Office of Commission Clerk (Cole)

FROM:

Office of Telecommunications (Beard, Casey)

Office of the General Counsel (Miller)

Office of Industry Development and Market Analysis (Rome)

RE:

Docket No. 120262-TC – Proposed revisions to pay telephone Rules 25-24.510, 25-24.511, 25-24.512, 25-24.514 and 25-24.515, F.A.C.

AGENDA:

12/10/12Regular Agenda – Interested Persons May Participate

COMMISSIONERS ASSIGNED:

All Commissioners

PREHEARING OFFICER:

Brown

RULE STATUS:

Proposal May Be Deferred

SPECIAL INSTRUCTIONS:

None

FILE NAME AND LOCATION:

S:\PSC\TEL\WP\120262.RCM.DOC

 

 Case Background

The Legislature enacted Chapter 2011-36, Laws of Florida, in the 2011 Legislative Session, and it took effect July 1, 2011.  The law made a number of changes to Chapter 364, Florida Statutes (F.S.), which affect pay telephone providers as well as other telephone companies.  Section 364.33, F.S., was amended to delete certificates of necessity on a future basis and to provide for certificates of authority.  Section 364.334, F.S., was amended to set out certificates of authority.  Also, Section 364.337, F.S., on competitive local exchange telecommunications companies, and Section 364.335, F.S., on applications for certificates were repealed.  Section 364.3375, F.S., on pay telephone providers was significantly amended.

 

To address the change in the law, staff initiated rulemaking to repeal Rule 25-24.510, F.A.C., Certificate of Public Convenience and Necessity, and amend Rules 25-24.511, 25-24.512, F.A.C., Application for Approval of Sale, Assignment or Transfer of Certificate, 25-24.514, F.A.C., Cancellation of a Certificate, and 25-24.515, F.A.C., Pay Telephone Service.   A Notice of Rule Development was published in the September 21, 2012, edition of the Florida Administrative Weekly.  No one requested a workshop and no workshop was held.

This recommendation addresses whether the Commission should propose the repeal of Rule 25-24.510, F.A.C., and the amendment of Rules 25-24.511, 25-24.512, 25-24.514, and 25-24.515, F.A.C.  The Commission has jurisdiction pursuant to Section 120.54, F.S.


Discussion of Issues

Issue 1

 Should the Commission propose the repeal of Rule 25-24.510, F.A.C., Certificate of Public Convenience and Necessity Required, and the amendment of Rules 25-24.511, F.A.C., Application for Certificate, 25-24.512, F.A.C., Application for Approval of Sale, Assignment or Transfer of Certificate, 25-24.514, F.A.C., Cancellation of a Certificate, and 25-24.515, F.A.C., Pay Telephone Service.

Recommendation

 Yes.  The Commission should propose the repeal of Rule 25-24.510 and the amendment of Rules 25-24.511, 25-24.512, 25-24.514, and 25-24.515, as set forth in Attachment A. (Miller, Beard, Casey)

Staff Analysis

 The draft revisions update and codify pay telephone service requirements in the State of Florida due to the enactment of the Regulatory Reform Act of 2011.  The 2011 Regulatory Reform Act (Chapter Law 2011-36) revised and reduced requirements on telephone companies, including pay telephone service providers.  The Act removed the Commission’s regulatory oversight of basic local telecommunications service and nonbasic service, including service quality and price regulation.  It removed the Commission’s oversight of intrastate interexchange services, and operator services.  It removed rate caps on pay telephone service.  The Act was intended to reduce regulatory requirements and compliance costs.

Staff recommends that Rule 25-24.510, F.A.C., Certificate of Public Convenience and Necessity Required, be repealed.  This rule requires pay telephone service to obtain a certificate of public convenience and necessity.  This is no longer separately required after changes in the Regulatory Reform Act of 2011.  The language in Section 364.3375, Florida Statutes, on pay telephone service providers now refers to certificates of authority or necessity instead of public convenience and necessity.

Staff recommends that Rule 25-24.511, F.A.C., Application for Certificate, be amended to specifically list the Department of State website for Form PSC/TEL 32, Application Form for Authority to Provide Pay Telephone Service Within the State of Florida, and to change the Division name to Office of Telecommunications.  Changes were made to the Application Form to delete requirements for providing information regarding assignment of certificates.  Also, information would no longer be required relating to operations in other states.  Also, the providers would no longer provide proof of technical expertise, financial capability and managerial ability.  Staff believes this information is no longer pertinent in view of the 2011 changes to the law.

Staff recommends that Rule 25-24.512, F.A.C., Application for Approval of Sale, be amended to refer to “certificates of authority or necessity” rather than “certificates of public convenience and necessity.”  Nonsubstantive changes are made on the application to refer to the Office of Telecommunications.

Staff recommends that Rule 25-24.514, F.A.C., Cancellation of a Certificate, be amended to simplify the provisions and to remove a requirement regarding a statement of the reason for cancellation of the certificate.

Staff recommends that Rule 25-24.515, F.A.C., Pay Telephone Service, be amended to delete language in the existing sections (1) through (8) which make certain requirements on pay telephone service.  These include:  the definition of the terms “direct free,” the lighting at pay telephones, return of deposited coins if the call is not completed, free access to 911, free access to dial tone, free access to toll free numbers, completing calls to local and long distance directory assistance, free access to repair calls, and announcement for terminating calls after a minimum elapsed time.  The Commission’s authority was eliminated in these matters by the 2011 Regulatory Reform Act.

Staff recommends that new language be added in the new section (4) in Rule 25-24.515, F.A.C., requiring each pay telephone station to permit free access to 911.  Section 364.3375(2)(a), Florida Statutes, continues to require pay telephones to receive and permit coin free access to 911 or to a local exchange company toll operator.

To comport with the change in law, staff also recommends that the requirements in sections (11) through (23) of Rule 25-24.515, relating to sales solicitation, routing of calls, allowing incoming calls, allowing outgoing calls at all times, minimizing the extent and duration of interruptions of service, maintaining a directory, a cleanliness review, the conformance to Accessibility Guidelines, toll fraud liability, and compliance with the National Electrical Safety Code and the National Electrical Code, be deleted.

            Statement of Estimated Regulatory Costs (SERC)

            The Statement of Estimated Regulatory Costs (Attachment B) analyzes whether the rule repeal and amendments 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 revisions would not have such an impact.  Instead, the rules will streamline regulations.  Thus, the rule repeal and amendments do not require legislative ratification, pursuant to Section 120.541(3), Florida Statutes.

            Staff recommends that the Commission propose the repeal of Rule 25-24.510, F.A.C., Certificate of Public Convenience and Necessity Required, and amendment of Rule 25-24.511, F.A.C., Application for Certificate, Rule 25.24.512, F.A.C., Application for Approval of Sale, Rule 25-24.514, F.A.C., Cancellation of a Certificate, and Rule 25-24.515, F.A.C., Pay Telephone Service.
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.


25-24.510  Certificate of Public Convenience and Necessity Required.

No person shall provide pay telephone service without first obtaining a certificate of public convenience and necessity from the Commission.  Services may not be provided, nor may deposits or payment for services be collected until the effective date of a certificate, if granted.  However, acquisition of equipment and facilities, advertising and other promotional activities may begin prior to the effective date of the certificate at the company’s risk that it may not be granted.  In any customer contacts or advertisements prior to certification, the company must advise the customer that certification has not and may never be granted.

Rulemaking Authority 350.127(2) FS.  Law Implemented 364.32, 364.33, 364.335, 364.337, 364.345 FS.  History-New 1-5-87, Amended 5-15-89, Repealed________.

25-24.511 Application for Certificate.

(1)  Any person desiring to provide pay telephone services must have a pay telephone service certificate.

(2)  An applicant shall submit an application on Form PSC/TELRAD 32 (xx/xx)(5/08), entitled “Application Form for Authority to Provide Pay Telephone Service Within the State of Florida,” which is incorporated into this rule by reference and may be obtained from the Commission’s website at www.floridapsc.com/utilities/telecomm/ or from the Office of Telecommunications. Division of Regulatory Analysis.  Such form may also be accessed at the Department of State website at ________.  A non-refundable application fee of $250.00 must accompany the filing of all applications.

(3)  An original and one copy of the application shall be filed with the Office of Commission Clerk.

(4)  Any pay telephone service authority previously granted or granted hereafter is subject to the following:

(a)  Authority granted is statewide.

(b)  Authority is to provide both local and intrastate toll pay telephone service.  A certificate to provide pay telephone service does not carry with it the authority to provide local exchange or interexchange service.  A separate application must be made for such authority.

Rulemaking Authority 350.127(2) FS Law Implemented 364.32, 364.33, 364.335, 364.337, 364.3375, 364.345 FS.  History–New 1-5-87, Amended 9-28-89, 4-7-91, 11-20-91, 12-21-92, 2-1-99, 1-5-06, 5-29-08, Amended__________.

            25-24.512  Application for Approval of Sale, Assignment or Transfer Certificate.

            (1)  Certificates of public convenience and authority or necessity authorizing pay telephone service shall not be sold, assigned or transferred by the holder without prior Commission approval.

            (2)  A person seeking to obtain a certificate of from a sale, assignment or transfer from the holder shall submit an application jointly with the certificate holder on Commission Form PSC/ TEL RAD 32 (07/12)(05/08), entitled “Application Form for Authority to Provide Pay Telephone Service Within the State of Florida..  The application form may be obtained from the Commission’s website at www.floridapsc.com/utilities/telecomm/ or from the Office of Telecommunications Division of Regulatory AnalysisSuch form may also be accessed at the Department of State website at ________.  A nonrefundable application fee of $250.00 must accompany the filing of all applications to cover processing costs.  The Commission’s acceptance of the application fee does not imply that the application for sale, assignment or transfer of a certificate will be granted.

            (3)  An original and one copy of the application shall be filed with the Office of Commission Clerk.

            (4)  An application for sale, assignment or transfer of a certificate will be granted if the Commission determines that such approval is in the public interest.

            (5)  A certificate may be sold, assigned, or transferred only as a whole.

Rulemaking Authority 350.127(2) FS.  Law Implemented 364.32, 364.33, 364.337, 364.3375, 364.345 FS.  History-New 1-5-87, Amended 5-15-89, 1-5-06, 5-29-08, Amended__________.

25-24.514  Cancellation of a Certificate.

            (1)  The Commission’s cancellation of a certificate shall be based on one or more of the following reasonsThe Commission may cancel a company’s certificate for any of the following reasons:

            (a)  Violation of the terms and conditions under which the authority was originally granted;

            (b)  Violation of Commission rules or orders;

            (c)  Violation of Florida Statutes; or

            (d)  Failure to provide service for a period of six (6) months.

            (2)  If a certificated company desires to cancel its certificate, it shall request cancellation from the Commission in writing and shall provide a statement of intent and date to pay Regulatory Assessment Fees the following with its request.

            (a)  Statement of intent and date to pay Regulatory Assessment Fee.

            (b)  Statement of why the certificate is proposed to be cancelled.

            (3)  Cancellation of a certificate shall be ordered subject to the holder providing the information required by subsection (2).

Rulemaking Authority 350.127(2) FS.  Law Implemented 350.113, 350.127(1), 364.03, 364.285, 364.337, 364.345 FS.  History-New 1-5-8, Amended________.

            25-24.515 Pay Telephone Service

            (1) For the purposes of this section, the term “direct free” shall mean without requiring the use of a coin, paper money, credit card, or any other form of payment, even if the payment will be returned.

            (2)  Pay telephone stations shall be lighted during the hours of darkness when light from other sources is not adequate to read instructions and use the instrument.

            (3)  Each pay telephone station shall return any deposited amount if the call is not completed, except messages to a Feature Group A access number.

            (4)  Each pay telephone station shall permit direct free access to the universal telephone number “911” where operable.

            (5)  Each pay telephone station shall permit direct free access to dialtone.

            (6)  Each pay telephone station shall permit direct free access to toll free numbers (e.g., 800, 877, and 888).

            (7)  Each pay telephone station shall complete calls to local and long distance directory assistance.

            (8)  Each pay telephone station shall complete calls to the responsible party for repairs or refunds by direct free access.

            (1) (9)  Each pay telephone station shall be equipped with a legible sign, card, or plate of reasonable permanence which shall identify the following:

            (a)  The telephone number and location address of the pay telephone station,

            (b)  The name and certificate number of the certificate holder,

            (c)  The party responsible for repairs and refunds, address of responsible party, free phone number of responsible party,

            (d)  Clear dialing instructions (including notice of the lack of availability of local and toll services),

            (e)  The local coin rate.

            (2)  Pay telephone stations shall be lighted during the hours of darkness when light from other sources is not adequate to read instructions and use the instrument.

            (b)  For those pay telephone stations that will terminate conversation after a minimum elapsed time, notice shall be included on the sign card as well as an audible announcement 30 seconds prior to termination of the phone call.

            (3) (10)  Each pay telephone station that provides access to any interexchange company shall provide coin free access, except for Feature Group A access, to all locally available interexchange companies.  The pay telephone station shall provide such access through the forms of access purchased by locally available long distance carriers such as 10XXX+0, 10XXXX+0, 101XXXX+0, 950, toll free (e.g., 800, 877, and 888) access.

            (4)  Each pay telephone station shall permit free access to the universal telephone number “911”.

            (11)  No sales solicitation shall be allowed during the interval between the last digit dialed by the end user and connection with the interexchange carrier.

            (12)  All 0- calls shall be routed to a telecommunications company that is authorized by the Commission to handle 0- calls.  All other calls, including operator service calls, may be routed to the pay telephone provider’s carrier of choice, unless the end user dials the appropriate access code for their carrier of choice, i.e., 950, 10XXX, 10XXXX, 101XXXX, and toll free access (e.g., 800, 877, and 888).

            (13)(a)  Each pay telephone station shall allow incoming calls to be received at all times, with the exception of those located at hospitals, schools, and locations specifically exempted by the Commission.  There shall be no charge for receiving incoming calls.

            (b)  A pay telephone provider may petition the Commission for an exemption from the incoming call requirement for a period that shall not exceed two years from the effective date of the Order granting the exemption.  Requests for exemption from the requirement that each pay telephone station shall allow incoming calls shall be accompanied by a completed Form PSC/RAD-2 (02-99), entitled “Request to Block Incoming Calls,” which is incorporated into this rule by reference and may be obtained from the Commission’s Division of Regulatory Analysis.  The form requires an attestation from the owner of the pay telephone, the owner of the pay telephone location, and the chief of the responsible law enforcement agency that the request is sought in order to deter criminal activity facilitated incoming calls being received at the specified pay telephone.  A separate form shall be filed for each telephone number for which an exemption is sought.  The provider of the pay telephone may request subsequent two-year exemptions by filing another Form PSC/RAD-2 (02-99).  Where incoming calls are not received, central-office based intercept shall be provided at no charge to the end user and a written notice shall be prominently displayed on the instrument directly above or below the telephone number which states: “Incoming calls blocked at request of law enforcement.”

            (14)  Each pay telephone station must be connected to an individual access line.

            (15)(a)  Each pay telephone service company shall permit outgoing calls to be placed from its pay telephone stations at all times.

            (b)  Each pay telephone service company shall make all reasonable efforts to minimize the extent and duration of interruptions of service.  Service repair programs should have as their objective the restoration of service on the same day that the interruption is reported to the company.  (Sundays and holidays excepted.)

            (16)(a)  Where there is a single pay telephone station, a directory shall be maintained at each station.  Where there are two or more pay telephone stations located in a group, a directory for the entire local calling area shall be maintained at every other station.  However, where telephone pay stations are fully enclosed, a directory shall be maintained at each pay telephone station.  For purposes of this rule, the term “directory” shall mean both a current white page directory for the local calling area and a reasonably current yellow page directory that is appropriate for the calling area of the pay telephone station.

            (b)  Pay telephone stations that provide local directory assistance at no charge are exempt from the provisions in paragraph (16)(a).  A notice must appear on the placard if local directory assistance at no charge is being provided.

            (17)  Normal maintenance and coin collection activity shall include a review of the cleanliness of each pay telephone station.

            (18)(a)  Except as provided in paragraph (18)(b) below, each pay telephone station shall conform to sections 4.1.3(17), 4.2.4, 4.2.5, 4.2.6, 4.5.1, 4.31.2, 4.31.3, and 4.31.5 of the ADA Accessibility Guidelines for Buildings and Facilities, Appendix A to 28 CFR Part 36, (July 1, 2003 Edition), which sections are incorporated by reference into this rule.  This rule does not apply to public text telephone and closed circuit telephones.

            (b)  Pay telephones shall not be installed where the required “clear floor or ground space” provided for in ADA Accessibility Guidelines for Buildings and Facilities sections 4.2.4.1, 4.2.4.2, and 4.31.2 would be reduced by a vehicle parked in a designated parking space.

            (19)  Each pay telephone station shall permit end users to input unlimited digits for the duration of the call.

            (20)  Toll Fraud Liability

            (a)  A company providing interexchange telecommunications services or local exchange telecommunications services shall not collect from a pay telephone provider for charges billed to a line for calls that originated from that line through the use of access codes such as 10XXX, 10XXXX, 101XXXX, 950, and toll free (e.g., 800, 877, 888) access codes, or when the call originating from that line otherwise reached an operator position, if the originating line is subscribed to outgoing call screening and the call was placed after the effective date of the outgoing call screening order.

            (b)  A company providing interexchange telecommunications services or local exchange telecommunications services shall not collect from a pay telephone provider for charges for collect or third number billed calls, if the line to which the call was billed was subscribed to incoming call screening and the call was placed after the effective date of the incoming call screening order.

            (c)  Any calls billed through the provider of local exchange telecommunications services or directly by an interexchange company, or through a billing agent, which have been identified as not collectible as described in paragraphs (20)(a) and (b) above, must be removed from any pay telephone provider’s bill after the pay telephone provider gives notice of the fraudulent charges to the billing party.  Pay telephone providers shall give such notice to the provider of the local exchange telecommunications services and the interexchange company in writing no later than the due date of the bill.

            (d)  The provider of local exchange telecommunications services is responsible for charges described in paragraph (20)(c) that are associated with the failure of the provider of local exchange telecommunications services’ screening services.

            (e)  The interexchange company is responsible for charges described in paragraph (20)(c) that are associated with the failure to properly validate calls via the appropriate provider of local exchange telecommunications services’ data base.

            (f)  Definitions:  For purposes of subsection (20) the term “Effective Date” shall mean the date after the call screening order was placed and associated charges apply.

            (g)  Any charges accrued to a line when the subscriber has subscribed to the provider of local exchange telecommunications services to screen calls described in paragraphs (20)(a) and (b) above shall not be the basis for discontinuance of local and intrastate service.

            (21)  Providers serving confinement facilities shall provide for completion of all inmate calls allowed by the confinement facility.

            (22)  Pay telephone stations located in confinement facilities shall be exempt from the requirements of subsections (2), (4), (6), (7), (8), (10), (12), (13), (15), (16), and (19) of this rule.  Such pay telephone stations shall be exempt from the requirements of subsection (9), except that outgoing local and long distance calls may not be terminated until after a minimum elapsed time of ten minutes.  Audible and written disconnect notifications shall apply, and one access line shall not be connected to more than three pay telephone stations.

            (23)  Pay telephone facilities shall be designed, constructed, installed, maintained and operated in accordance with provisions of the National Electrical Safety Code (IEEE C2-2007) and the National Electrical Code (NEPA 70-2005), which are incorporated by reference.

Rulemaking Authority 350.127(2), 365.171.(8) F.S. Law Implemented  364.3375, 365.171 F.S. History – New 1-5-87, Amended 4-14-92, 2-3-93, 10-10-94, 12-27-94, 9-5-95, 2-1-99, 12-23-02, 4-5-05, 12-29-05, 9-5-07, Amended___________.


Florida Public Service Commission

 

OFFICE OF TELECOMMUNICATIONS

Division of Regulatory Analysis

 

Application Form

for

Authority to Provide PAY TELEPHONE Within the State of Florida

 

 

Instructions

 

A.     This form is used as an application for an original certificate and for approval of sale, assignment or transfer of an existing certificate.  In the case of a sale, assignment or transfer, the information provided shall be for the purchaser, assignee or transferee (See Page 8).

 

B.     Print or type all responses to each item requested in the application.  If an item is not applicable, please explain.

 

C.    Use a separate sheet for each answer which will not fit the allotted space.

 

D.    Once completed, submit the original and one copy of this form along with a non-refundable application fee of $250.00 to:

 

Florida Public Service Commission

Office of Commission Clerk

2540 Shumard Oak Blvd.

Tallahassee, Florida  32399‑0850

(850) 413‑6770

 

E.     A filing fee of $250.00 is required for the sale, assignment or transfer of an existing certificate to another company (Chapter 25-24.512 F.A.C.).

 

F.     If you have questions about completing the form, contact:

 

Florida Public Service Commission

Office of Telecommunications

Division of Regulatory Analysis

2540 Shumard Oak Blvd.

Tallahassee, Florida  32399‑0850

(850) 413‑6600


1.           This is an application for (check one):

 

Original certificate (new company).

 

Approval of transfer of existing certificate: Example, a non-certificated company purchases an existing company and desires to retain the original certificate of authority rather that apply for a new certificate.

 

 Approval of Assignment of existing Certificate:  Example, a certificated company purchases an existing company and desires to retain the existing certificate of authority and tariff.

 

  Approval for transfer of control:  Example, a company purchases 51% of a certificated company.  The Commission must approve the new controlling entity.

 

2.           Name of company:       

 

3.           Name under which applicant will do business (fictitious name, etc.):

 

     

 

4.           Official mailing address:

 

Street/Post Office Box:

     

City:

     

State:

     

Zip:

     

 

5.           Florida address:

 

Street/Post Office Box:

     

City:

     

State:

     

Zip:

     

 

6.           Structure of organization:

 

      Individual                                                Corporation

      Foreign Corporation                             Foreign Partnership

      General Partnership                             Limited Partnership

      Other, please specify

                                 
7.     If individual, provide:

 

Name:

     

Title:

     

Street/Post Office Box:

     

City:

     

State:

     

Zip:

     

Telephone No.:

     

Fax No.:

     

E-Mail Address:

     

Website Address:

     

 

8.           If incorporated in Florida, provide proof of authority to operate in Florida.  The Florida Secretary of State corporate registration number is:      

 

9.           If foreign corporation, provide proof of authority to operate in Florida.  The Florida Secretary of State corporate registration number is:      

 

10.      If using fictitious name (d/b/a), provide proof of compliance with fictitious name statute (Chapter 865.09, FS) to operate in Florida.  The Florida Secretary of State fictitious name registration number is:      

 

11.      If a limited liability partnership, please proof of registration to operate in Florida. The Florida Secretary of State registration number is:      

 

12.      If a partnership, provide name, title and address of all partners and a copy of the partnership agreement.

 

Name:

     

Title:

     

Street/Post Office Box:

     

City:

     

State:

     

Zip:

     

Telephone No.:

     

Fax No.:

     

E-Mail Address:

     

Website Address:

     

 

13.      If a foreign limited partnership, provide proof of compliance with the foreign limited partnership statute (Section 620.1901, F.S.Chapter 620.169, FS), if applicable.  The Florida registration number is:      


14.      Provide F.E.I. Number:      

 

15.      Who will serve as liaison to the Commission in regard to the following?

 

(a) The application:

 

Name:

     

Title:

     

Street Name & Number:

     

Post Office Box:

     

City:

     

State:

     

Zip:

     

Telephone No.:

     

Fax No.:

     

E-Mail Address:

     

Website Address:

     

 

(b) Official point of contact for the ongoing operations of the company:

 

Name:

     

Title:

     

Street Name & Number:

     

Post Office Box:

     

City:

     

State:

     

Zip:

     

Telephone No.:

     

Fax No.:

     

E-Mail Address:

     

Website Address:

     

 

(c)  Complaints/Inquiries from customers:

Name:

     

Title:

     

Street/Post Office Box:

     

City:

     

State:

     

Zip:

     

Telephone No.:

     

Fax No.:

     

E-Mail Address:

     

Website Address:

     


16.      List the states in which the applicant:

 

(a) has operated as a Pay Telephone Service provider.

 

     

 

(b) has applications pending to be certificated as a Pay Telephone Service provider.

 

     

 

(c)  is certificated to operate as a Pay Telephone provider.

 

     

 

(d) has been denied authority to operate as a Pay Telephone Service provider and the circumstances involved.

 

     

 

(e) has had regulatory penalties imposed for violations of telecommunications statutes and the circumstances involved.  Explain circumstances.

 

     

 

(f)   has been involved in civil court proceedings with an interexchange carrier, local exchange company or another telecommunications entity, and the circumstances involved.

 

     

 


17.      Have any of the officers, directors, or any of the ten largest stockholders previously been:

 

(a) adjudged bankrupt, mentally incompetent (and not had his or her competency restored), or found guilty of any felony or of any crime, or whether such actions may result from pending proceedings.  If yes, provide explanation.       

 

(b) granted or denied a certificate in the State of Florida (this includes active and canceled certificates).  If yes, provide explanation and list the certificate holder and certificate number.       

 

(c)  an officer, director, partner or stockholder in any other Florida certificated or registered telephone company.  If yes, give name of company and relationship.  If no longer associated with company, give reason why not.       


This Page Must Be Completed And Signed

 

 

Regulatory Assessment Fee:  I understand that all telephone companies must pay a regulatory assessment fee.  Regardless of the gross operating revenue of a company, a minimum annual assessment fee, as defined by the Commission, is required.

 

Receipt and Understanding of Rules:  I acknowledge receipt and understanding of the Florida Public Service Commission's rules and orders relating to the provisioning of pay telephone service (PATS) in Florida.

 

Applicant Acknowledgement:  By my signature below, I, the undersigned officer, attest to the accuracy of the information contained in this application and attached documents and that the applicant has the technical expertise, managerial ability, and financial capability to provide alternative access vendor service in the State of Florida.  I have read the foregoing and declare that, to the best of my knowledge and belief, the information is true and correct.  I attest that I have the authority to sign on behalf of my company and agree to comply, now and in the future, with all applicable Commission rules and orders.

 

Further, I am aware that, pursuant to Chapter 837.06, Florida Statutes, "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 and s. 775.083."

 

I understand that any false statements can result in being denied a certificate of authority in Florida.

 

 

Company Owner or Officer

 

Print Name:

     

Title:

     

Telephone No.:

     

E-Mail Address:

     

 

 

 

 

Signature:

 

Date:

 

 

Title:  ______________________

Certificate Sale or Transfer

 

 

As current holder of Florida Public Service Commission Certificate Number     , I have reviewed this application and join in the petitioner's request for a

 

 sale

 

 transfer

 

 assignment

 

of the certificate.

 

 

Company Owner or Officer

 

Print Name:

     

Title:

     

Street/Post Office Box:

     

City:

     

State:

     

Zip:

     

Telephone No.:

     

Fax No.:

     

E-Mail Address:

     

 

 

 

 

 

 

 

 

Signature:

 

Date:

 

 

Title: ________________________