Case Background
Section
364.01, Florida Statutes (F.S.), grants the Commission jurisdiction to regulate
telecommunications companies. Section
364.3375, F.S., states that a person may not provide pay telephone service
without first obtaining a certificate of authority or necessity to provide such
service from the Commission. Rule
25-4.511, Florida Administrative Code (F.A.C.), Application for Certificate,
and Rule 25-4.112, F.A.C., Application for Approval of Sale or Transfer of
Certificate, describe the requirements to apply for a pay telephone certificate
or the transfer of a pay telephone certificate.
Staff
initiated rulemaking in this docket to modify, streamline and clarify the
application form, reduce applicant confusion, and eliminate redundancy in the
rules. On October 10, 2017, a Notice of
Development of Rulemaking was published in the Florida Administrative Register
in Vol. 43, No. 196. The Commission
Notice stated that written requests for a rule development workshop must be
submitted by October 24, 2017. No
requests for a workshop were received by the Commission.
This
recommendation addresses whether the Commission should propose the amendment of
Rule 25-4.511, F.A.C., and the repeal of Rule 25-4.512, F.A.C. The Commission has jurisdiction pursuant to
Section 120.54, F.S., and Chapter 364, F.S.
Discussion
of Issues
Issue 1:
Should the Commission
propose the amendment of Rule 25-4.511, F.A.C., Application for Certificate, and
the repeal of Rule 25-4.512, F.A.C., Application for Approval of Sale or
Transfer of Certificate?
Recommendation:
Yes. The Commission should
propose the amendment of Rule 25-4.511, F.A.C., and the repeal of Rule 25-4.512,
F.A.C., as set forth in Attachment A. Staff recommends that the Commission
certify amended Rule 25-4.511, F.A.C., as a minor violation rule. (Fogleman,
Page, Ollila)
Staff Analysis:
The proposed amendments to
Rule 25-4.511, F.A.C., update, streamline and clarify the procedures for
obtaining an original pay telephone certificate or the transfer or sale of such
certificate. Repeal of Rule 25-4.512, F.A.C., allows one rule to address both
the application for and the sale and transfer of a pay telephone certificate. The rule amendments are discussed below.
Rule 25-4.511, F.A.C., sets forth
the requirements and the process to apply for a certificate to provide pay
telephone service. Rule 25-4.512,
F.A.C., establishes the requirements for the transfer or sale of a pay
telephone certificate. Both rules
contain links to the application forms and both rules require a nonrefundable
application fee of $250. The nonrefundable application fee of $250 is unchanged
in the proposed amendments.
The proposed amendments to Rule
25-4.511, F.A.C, apply to the original pay telephone certificate and the
transfer or sale of the pay telephone certificate. Rule 25-4.512, F.A.C., would be
repealed. The results of the proposed amendments
to Rule 25-4.511, F.A.C., are the incorporation of the requirements of repealed
Rule 25-4.512, F.A.C., and the provision of the same application form for both
the application for a certificate and the transfer or sale of a certificate. Subsection
(2) of Rule 25-4.511, F.A.C., would be amended to incorporate by reference the
current Commission form to be used to obtain the certificate or to transfer or
sell a certificate. The proposed
amendments to the rule would provide a Department of State hyperlink to access
the form.
Statement of Estimated Regulatory Costs
Pursuant to Section 120.54, F.S., agencies are encouraged
to prepare a statement of estimated regulatory costs (SERC) before the
adoption, amendment, or repeal of any rule. The SERC is appended as Attachment
B to this recommendation. The SERC analysis also includes whether the rule
amendment is 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 five years after implementation.
The SERC concludes that applicants may see cost savings
because the proposed amendments clarify the process, eliminate redundancy, and
streamline the process. The SERC states
that there is no change in the filing fee.
Staff believes that the rule amendments will not likely directly or
indirectly increase regulatory costs in excess of $200,000 in the aggregate in
Florida within one year after implementation.
Further, the SERC concludes that the rule amendments will
not likely have an adverse impact on economic growth, private-sector job
creation or employment, private sector investment, business competitiveness,
productivity, or innovation in excess of $1 million in the aggregate within
five years of implementation. Thus, the rule amendments do not require
legislative ratification pursuant to Section 120.541(3), F.S.
In addition, the SERC states that the rule amendments may
bring cost savings to small businesses, small cities and small counties. No
regulatory alternatives were submitted pursuant to paragraph 120.541(1)(a),
F.S. None of the impact/cost criteria established in paragraph 120.541(2)(a),
F.S., will be exceeded as a result of the recommended revisions.
Minor Violation Rules Certificate
Pursuant to Section 120.695, F.S., beginning July 1, 2017,
for each rule filed for adoption, the Commission is required to certify whether
any part of the rule is designated as a rule the violation of which would be a
minor violation. A list of Commission
rules designated as minor violation rules is published on the Commission’s
website, as required by Section 120.569(2), F.S. If the Commission proposes the amendment of
Rule 25-4.511, F.A.C., the rule would continue to be considered a minor
violation rule. Therefore, for purposes
of filing an amended rule for adoption
with the Department of State, staff recommends that the Commission certify
proposed amended Rule 25-4.511, F.A.C., as a minor violation rule. If the
Commission proposes the repeal of Rule 25-4.512, F.A.C., the rule will be deleted
from the Commission’s list of rules designated as minor violation rules.
Conclusion
For the reasons described above, staff recommends that the
Commission should propose the amendment of Rule 25-4.511, F.A.C., and the
repeal of Rule 25-4.512, F.A.C., as set forth in Attachment A. Staff recommends that the Commission certify
proposed amended Rule 25-4.511, F.A.C., as a minor violation rule.
Issue 2:
Should this docket be closed?
Recommendation:
Yes, if no requests for hearing or comments are
filed, the rules as proposed should be filed for adoption with the Secretary of
State and the docket should be closed.
Staff Analysis:
If no requests for hearing or comments are filed,
the rules as proposed should be filed for adoption with the Secretary of State
and the docket should be closed.
25-4.511 Application for Original or Transfer of Pay Telephone Certificate.
(1)
In order Any person desiring to provide pay telephone service
services, must have a pay telephone service
certificate or transfer of certificate must be granted by the Florida Public
Service Commission.
(2)
Each An applicant shall apply by using submit an
application on Form PSC 1021 (1/18) PSC/TEL 32 (2/13),
entitled “Application Form for Original Authority or Transfer
of Authority to Provide to Pay Telephone Service In Within
the State of Florida.,” The application which is incorporated into this rule
by reference and may be obtained from the Commission’s website at http://www.floridapsc.com/telecommunication/TelecomPATSApplication
www.floridapsc.com/utilities/telecomm/
or from the Office of Industry Development and Market Analysis Telecommunications.
Such form may also be accessed at the Department of State website at: [Dept. of
State Hyperlink] http://www.flrules.org/Gateway/reference.asp?No=Ref-02213.
A non-refundable application or transfer fee of $250.00 must accompany
the filing of each application to cover processing costs. The Commission’s acceptance of the
application fee does not imply that the application, transfer, or sale of a
certificate will be granted all applications.
(3)
Certificates authorizing pay telephone service shall not be transferred by
the holder without prior Commission approval.
(4)(3)
An original and one copy of Tthe 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.
(5)(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 to provide this
service.
Rulemaking
Authority 350.127(2) FS. Law Implemented 364.32, 364.33, 364.335, 364.3375
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, 2-7-13, Formerly 25-24.511, _____________.
25-4.512 Application for Approval of Sale or Transfer of Certificate.
(1)
Certificates of 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 from a sale or transfer from the
holder shall submit an application jointly with the certificate holder on
Commission Form PSC/TEL 32 (2/13), 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. Such form may also be accessed at the
Department of State website at: http://www.flrules.org/Gateway/reference.asp?No=Ref-02214.
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 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 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 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, 2-7-13, Formerly 25-24.512, Repealed ___________.
