Case Background
Rule 25-4.0051,
Florida Administrative Code (F.A.C.), Current Certificate Holder Information,
requires each certificated telecommunications company to file updated contact
information with the Office of the Commission Clerk within 10 days of any
changes to its contact information. Similarly, Rule 25-4.520, F.A.C., Reporting
Requirements, requires each pay telephone service company to file any updated
contact information with the Office of the Commission Clerk within 10 days
after a change occurs.
Pursuant to Sections
350.127(2), 364.01, 364.183, 366.05, 367.121, 368.05, 427.704(8), Florida Statutes (F.S.),
the Commission can require any public utility subject to the Commission’s
regulation to provide the Commission with the utility’s updated contact
information. The adoption
of new Rule 25-22.108, F.A.C., Change of Regulated Utility Information, would codify
current practice requiring each utility, not just telecommunications and pay telephone
service companies, to submit its contact information. The utility must submit
the contact information to the Office of the Commission Clerk, using the form
entitled Form PSC 1024 (6/19) “Change of Regulated Utility Contact Information,”
which is provided on the Commission’s website, within 30 days of being
regulated by the Commission. Likewise, the rule requires that any utility that
updates its contact information must submit the updated contact information to
the Office of the Commission Clerk within 30 days of the changes.
The Commission’s
Notice of Development of Rulemaking for Rules 25-4.0051, 25-4.520, and 25-22.108,
F.A.C., were published in Volume 44, No. 160, of the Florida Administrative
Register on August 16, 2018. There were no requests for workshop, and no
workshop was held.
This
recommendation addresses whether the Commission should repeal Rules 25-4.0051
and 25-4.520, F.A.C. and adopt Rule 25-22.108, F.A.C. The Commission has
jurisdiction pursuant to Sections 120.54, 350.01, 350.127(2), and 427.704 (8),
F.S.
Discussion
of Issues
Issue 1:
Should the Commission repeal Rules 25-4.005, F.A.C.,
Current Certificate Holder Information and Rule 25-4.520, F.A.C., Reporting
Requirements, and adopt new Rule 25-22.108, F.A.C., Change of Regulated Utility
Contact Information?
Recommendation:
Yes, the Commission should repeal Rules 25-4.0051
and 25-4.520, F.A.C., and adopt new Rule 25-22.108, F.A.C., as set forth in
Attachment A. The Commission should certify Rule 25-22.108, F.A.C., as a minor
violation rule. (Harper, Guffey, Wooten)
Staff Analysis:
Rules
25-4.0051 and 25-4.520, F.A.C., require certificate holding telecommunications and
pay telephone service companies to update their contact information with the
Commission. All utilities subject to the Commission’s regulation, not just
telecommunications and pay telephone service companies, must provide updated
contact information to the Commission. Because Rules 25-4.0051 and 25-4.520, F.A.C.,
are limited to telecommunications and pay telephone service companies only, staff
believes that these rules are unnecessary and should be repealed and replaced
by Rule 25-22.108, F.A.C., as set forth in Attachment A.
Rule
25-22.108, F.A.C., codifies current Commission practice that requires utilities
to update their contact information with the Commission. Rule 25-22.108,
F.A.C., requires all utilities, not just telecommunications and pay telephone service
companies, to update their contact information in a timely manner by using Form
PSC 1024 (6/19) “Change of Regulated Utility Contact Information.” A link to Form PSC 1024 is contained in
Subsection (1) of Rule 25-22.108, F.A.C. The link directs utilities to Form PSC
1024 on the Commission’s website so that utilities can submit updated contact
information electronically to the Office of the Commission Clerk. A copy of
Form PSC 1024 is set forth in Attachment B.
Subsection
(1) of Rule 25-22.108, F.A.C., provides that within 30 days of being regulated
by the Commission as a utility defined by Section 350.111, F.S., a utility must
submit its contact information to the Office of the Commission Clerk using Form
PSC 1024, except when all current information was already previously submitted
to the Commission in the utility’s application for certification. Subsection
(2) of Rule 25-22.108, F.A.C., provides that once a utility makes any changes
to the information listed in Form PSC 1024, the utility must submit an updated form
to the Office of the Commission Clerk within 30 days of the changes.
Minor Violation Rules Certification
Currently, Rules 25-4.0051 and 25-4.520, F.A.C., are on
the Commission’s list of minor violation rules. Staff is recommending repealing
these rules and replacing the rules with Rule 25-22.108, F.A.C. Pursuant to
Section 120.695, F.S., beginning July 1, 2017, the agency head shall certify
whether any part of each rule filed for adoption is designated as a minor violation
rule. A minor violation rule is a rule that would not result in economic or
physical harm to a person or an adverse effect on the public health, safety, or
welfare or create a significant threat of such harm when violated. Rule
25-22.108, F.A.C., meets the standards for a minor violation rule. Therefore,
for the purposes of repealing rules and filing the new rule for adoption with
the Department of State, staff recommends the Commission remove Rules 25-4.0051
and 25-4.520, F.A.C., from the Commission’s minor violation list and certify new
Rule 25-22.108, F.A.C., as a minor
violation rule.
Statement of Estimated Regulatory Costs
Pursuant to Section 120.54(3)(b)1.,
F.S., agencies are encouraged to prepare a statement of estimated regulatory
costs (SERC) before the adoption, amendment, or repeal of any rule. A SERC was prepared for this rulemaking and
is appended as Attachment C. As required by Section 120.541(2)(a)1., F.S., the
SERC analysis includes whether the rule amendments are likely to have an
adverse impact on economic growth, private sector job creation or employment,
or private sector investment in excess of $1 million in the aggregate within 5
years after implementation. None of the impact/cost criteria will be exceeded
as a result of the recommended revisions.
The SERC
concludes that the repeal of Rules 25-4.0051 and 25-4.520, F.A.C., and adoption
of new Rule 25-22.108, F.A.C., will likely not directly or indirectly increase
regulatory costs in excess of $200,000 in the aggregate in Florida within 1
year after implementation. Further, the SERC concludes that the repeal of the
rules and rule adoption will not likely increase regulatory costs, including
any transactional costs or have an adverse impact on business competitiveness,
productivity, or innovation in excess of $1 million in the aggregate within 5
years of implementation. Thus, the repeal of the rules and rule adoption do not
require legislative ratification, pursuant to Section 120.541(3), F.S.
In
addition, the SERC states that the repeal of Rules 25-4.0051 and 25-4.520,
F.A.C., and adoption of new Rule 25-22.108, F.A.C., would have no impact on
small businesses, would have no implementation or enforcement cost on the Commission
or any other state and local government entity, and would have no impact on
small cities or small counties. The SERC
states that no transactional costs are likely to be incurred by individuals and
entities required to comply with the requirements.
Conclusion
The Commission should repeal Rules 25-4.0051 and 25-4.520,
F.A.C. and adopt new Rule 25-22.108, F.A.C., as set forth in Attachment A. The
Commission should certify Rule 25-22.108, 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 may be filed with the
Department of State, and this docket should be closed. (Harper)
Staff Analysis:
If no requests for hearing or comments are filed,
the rules may be filed with the Department of State, and this docket should be
closed.
25-4.520
Reporting Requirements.
Each pay telephone service company
shall file with the Commission’s Office of the Commission Clerk updated information
for the following items within ten days after a change occurs:
(1)
The street address of the certificate holder including number, street name,
city, state and zip code, and the mailing address if it differs from the street
address.
(2)
Name, title, and phone number of the individual responsible for contact with
the Commission.
Rulemaking
Authority 350.127(2) FS. Law Implemented 350.115, 350.117, 364.17, 364.18,
364.185, 364.3375 FS. History–New 1-5-87, Amended 1-2-91, 12-29-91, 2-1-99,
Formerly 25-24.520. Repealed___________.
25-22.108
Change of Regulated Utility Contact Information
(1)
Within 30 days of being regulated by the Florida Public Service Commission as
defined by Section 350.111, Florida Statutes, a utility shall submit its
contact information to the Office of the Commission Clerk using Form PSC 1024 (6/19)
“Change of Regulated Utility Contact Information” except when all current
information was submitted in the utility’s application form. Form PSC 1024 (6/19)
“Change of Regulated Utility Contact Information,” is available at the
Department of State website at http://www.XXXX and at the Commission’s website at http://www.floridapsc.com/ClerkOffice/ChangeOfCompanyInfo.
(2)
If a utility makes any changes to the information listed in the form, the
utility must submit an updated Form PSC 1024 (6/19) to the Office of the
Commission Clerk that shows all changes within 30 days of the changes.
Rulemaking
Authority 350.127(2), 364.01, 364.183, 366.05, 367.121, 368.05, 427.704(8),
FS. Law Implemented 364.183, 366.05,
367.156, 368.05, 368.108, 427.704, FS.
History–New _____.
