Florida 2024 2024 Regular Session

Florida House Bill H0551 Analysis / Analysis

Filed 12/07/2023

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h0551.ECC 
DATE: 12/7/2023 
 
HOUSE OF REPRESENTATIVES STAFF ANALYSIS  
 
BILL #: HB 551    Designation of Eligible Telecommunications Carriers 
SPONSOR(S): Barnaby 
TIED BILLS:   IDEN./SIM. BILLS: SB 478 
 
REFERENCE 	ACTION ANALYST STAFF DIRECTOR or 
BUDGET/POLICY CHIEF 
1) Energy, Communications & Cybersecurity 
Subcommittee 
 	Bauldree Keating 
2) Commerce Committee    
SUMMARY ANALYSIS 
The federal Lifeline program (Lifeline) provides telecommunications service discounts for qualifying low-income 
consumers. Consumers may qualify to participate in Lifeline either through program-based or income-based 
eligibility standards. Qualifying households can receive a discount on their monthly phone or broadband 
Internet bills from providers which have been designated as eligible telecommunications carriers (ETCs). 
 
Pursuant to federal law, state commissions are granted authority to designate a company as an ETC. In 
Florida, the Public Service Commission (PSC) oversees Lifeline. Florida law does not authorize the PSC to 
designate wireless carriers as ETCs. If a company is not subject to the jurisdiction of the state commission, the 
company must petition the Federal Communications Commission (FCC) for ETC designation.  
 
The bill authorizes the PSC to designate wireless providers as ETCs for the limited purpose of providing 
Lifeline service.  
 
The bill does not appear to have a fiscal impact on state or local governments.  
 
The bill provides that it will take effect upon becoming law.    STORAGE NAME: h0551.ECC 	PAGE: 2 
DATE: 12/7/2023 
  
FULL ANALYSIS 
I.  SUBSTANTIVE ANALYSIS 
 
A. EFFECT OF PROPOSED CHANGES: 
Present Situation  
 
In 1985 the Lifeline program (Lifeline) was created by federal law, providing telecommunications 
service discounts for qualifying low-income consumers. Lifeline’s initial goal was to ensure that all 
Americans had the opportunity and security that basic phone service provides. Over time, that goal has 
evolved to include broadband service. Qualifying households can receive up to a $9.25 discount on 
their monthly phone or broadband Internet bills from wireline service providers that have been 
designated as eligible telecommunications carriers (ETCs). Alternatively, consumers may choose to 
receive monthly wireless minutes and/or measured data service from designated wireless providers.
1
 
 
Consumers may qualify to participate in Lifeline either through program-based or income-based 
eligibility standards. Program-based eligibility is determined by a customer’s enrollment in specific 
qualifying programs. Customers can qualify for Lifeline by being enrolled in any of the following 
programs: 
 Supplemental Nutrition Assistance Program (SNAP) 
 Medicaid 
 Federal Public Housing Assistance 
 Supplemental Security Income 
 Veterans or Survivors Pension Program 
 Bureau of Indian Affairs Programs, including Tribal Temporary Assistance to Needy Families, 
Head Start Subsidy, and National School Lunch Program.
2
 
 
Consumers whose total household income is less than 135 percent of the Federal Poverty Guidelines 
may participate in Lifeline under the income-based standard. The Federal Poverty Guidelines are 
annually updated by the United States Department of Health and Human Services.
3
 
 
Florida Lifeline ETC Designation 
 
Pursuant to federal law, state commissions
4
 are granted authority to designate a company as an ETC.
5
 
In Florida, the Public Service Commission (PSC) oversees Lifeline. As permitted by federal law, the 
PSC designates telecommunications companies
6
 as ETCs pursuant to standards outlined in federal 
law.
7, 8 
Telecommunications providers must be designated as an ETC in order to participate in the 
Lifeline program.
9
 Florida law requires that an ETC must provide Lifeline service to qualified residential 
subscribers as defined in the ETC's published schedules.
10
 
 
Designation of Wireless Carriers 
 
Florida law does not authorize the PSC to designate commercial mobile radio service providers 
(wireless carriers) as ETCs. If a wireless carrier is not subject to the jurisdiction of the state 
commission, the company must petition the Federal Communications Commission (FCC) for ETC 
                                                
1
 Public Service Commission (PSC), 2022 Florida Lifeline Assistance Report, December 2022, p. 3., 
https://www.floridapsc.com/pscfiles/website-files/PDF/Publications/Reports/Telecommunication/LifelineReport/2022.pdf.  
2
 Id. 
3
 Id. at 4. 
4
 The term state commission means the commission, board or official (by whatever name designated) that, under the laws 
of any state, has regulatory jurisdiction with respect to intrastate operations of carriers. 47 C.F.R. § 54.5 (1997). 
5
 Florida Public Service Commission, Agency Analysis of 2024 Senate Bill 478, p. 1 (Nov. 28, 2023).  
6
 A telecommunications company does not include commercial mobile radio service providers. S. 364.02(13), F.S. 
7
 S. 364.10(1)(a), F.S. 
8
 See 47 C.F.R. § 54.5 (1997). 
9
 Florida Public Service Commission, Agency Analysis of 2024 Senate Bill 478, p. 1 (Nov. 28, 2023).  
10
 S. 364.10(1)(a), F.S.  STORAGE NAME: h0551.ECC 	PAGE: 3 
DATE: 12/7/2023 
  
designation.
11
 The PSC indicates that, since 2011, there have been 37 ETC applications by wireless 
carriers to the FCC for which no action has been taken.
12
  
 
Effect of the Bill 
 
The bill authorizes the PSC to designate wireless providers as ETCs for the limited purpose of 
providing Lifeline service.  
 
B. SECTION DIRECTORY: 
Section 1: Amends s. 364.10, F.S., relating to Lifeline service.  
 
Section 2: Provides that the bill is effective upon becoming law.  
 
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
 
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
None.
13
 
 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
None. 
 
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: 
According to the PSC, allowing wireless providers to petition the PSC for ETC designation may result in 
a more expedited application process, which may likely lead to more companies offering service with a 
Lifeline discount.
14
 The bill does not alter the pool of eligible consumers.  
 
D. FISCAL COMMENTS: 
None.  
III.  COMMENTS 
 
A. CONSTITUTIONAL ISSUES: 
 
 1. Applicability of Municipality/County Mandates Provision: 
Not Applicable. The bill does not appear to affect county or municipal government. 
 
 2. Other: 
                                                
11
 Florida Public Service Commission, Agency Analysis of 2024 Senate Bill 478, p. 1 (Nov. 28, 2023).  
12
 Id. 
13
 Florida Public Service Commission, Agency Analysis of 2024 Senate Bill 478, p. 2 (Nov. 28, 2023). 
14
 Id. at 2.   STORAGE NAME: h0551.ECC 	PAGE: 4 
DATE: 12/7/2023 
  
None. 
 
B. RULE-MAKING AUTHORITY: 
The bill does not authorize or require rulemaking.  
 
C. DRAFTING ISSUES OR OTHER COMMENTS: 
None.  
 
IV.  AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES 
Not applicable.