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F.S. 364.02 on Google Scholar

F.S. 364.02 on Casetext

Amendments to 364.02


The 2020 Florida Statutes

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES
Chapter 364
TELECOMMUNICATIONS COMPANIES
View Entire Chapter
F.S. 364.02 Florida Statutes and Case Law
364.02 Definitions.As used in this chapter, the term:
(1) “Basic local telecommunications service” means voice-grade, single-line, flat-rate residential local exchange service that provides dial tone, local usage necessary to place unlimited calls within a local exchange area, dual tone multifrequency dialing, and access to the following: emergency services such as “911,” all locally available interexchange companies, directory assistance, operator services, and relay services. For a local exchange telecommunications company, the term includes any extended area service routes, and extended calling service in existence or ordered by the commission on or before July 1, 1995.
(2) “Broadband service” means any service that consists of or includes the offering of the capability to transmit or receive information at a rate that is not less than 200 kilobits per second and either:
(a) Is used to provide access to the Internet; or
(b) Provides computer processing, information storage, information content, or protocol conversion in combination with the service.

The definition of broadband service does not include any intrastate telecommunications services that have been tariffed with the commission on or before January 1, 2005.

(3) “Commercial mobile radio service provider” means a commercial mobile radio service provider as defined by and pursuant to 47 U.S.C. ss. 153(27) and 332(d).
(4) “Commission” means the Florida Public Service Commission.
(5) “Competitive local exchange telecommunications company” means any company certificated by the commission to provide local exchange telecommunications services in this state on or after July 1, 1995.
(6) “Corporation” includes a corporation, company, association, or joint stock association.
(7) “Intrastate interexchange telecommunications company” means any entity that provides intrastate interexchange telecommunications services.
(8) “Local exchange telecommunications company” means any company certificated by the commission to provide local exchange telecommunications service in this state on or before June 30, 1995.
(9) “Nonbasic service” means any telecommunications service provided by a local exchange telecommunications company other than a basic local telecommunications service, local interconnection, resale, or unbundling pursuant to s. 364.16, or a network access service described in s. 364.163. Any combination of basic service along with a nonbasic service or an unregulated service is nonbasic service.
(10) “Operator service” includes, but is not limited to, billing or completion of third-party, person-to-person, collect, or calling card or credit card calls through the use of a live operator or automated equipment.
(11) “Operator service provider” means a person who furnishes operator service through a call aggregator.
(12) “Service” is to be construed in its broadest and most inclusive sense. The term “service” does not include broadband service or voice-over-Internet protocol service for purposes of regulation by the commission. Nothing herein shall affect the rights and obligations of any entity related to the payment of switched network access rates or other intercarrier compensation, if any, related to voice-over-Internet protocol service. Notwithstanding s. 364.013, and the exemption of services pursuant to this subsection, the commission may arbitrate, enforce, or approve interconnection agreements, and resolve disputes as provided by 47 U.S.C. ss. 251 and 252, or any other applicable federal law or regulation. With respect to the services exempted in this subsection, regardless of the technology, the duties of a local exchange telecommunications company are only those that the company is obligated to extend or provide under applicable federal law and regulations.
(13) “Telecommunications company” includes every corporation, partnership, and person and their lessees, trustees, or receivers appointed by any court whatsoever, and every political subdivision in the state, offering two-way telecommunications service to the public for hire within this state by the use of a telecommunications facility. The term “telecommunications company” does not include:
(a) An entity that provides a telecommunications facility exclusively to a certificated telecommunications company;
(b) An entity that provides a telecommunications facility exclusively to a company which is excluded from the definition of a telecommunications company under this subsection;
(c) A commercial mobile radio service provider;
(d) A facsimile transmission service;
(e) A private computer data network company not offering service to the public for hire;
(f) A cable television company providing cable service as defined in 47 U.S.C. s. 522;
(g) An intrastate interexchange telecommunications company;
(h) An operator services provider; or
(i) An airport that provides communications services within the confines of its airport layout plan.

However, each commercial mobile radio service provider and each intrastate interexchange telecommunications company shall continue to be liable for any taxes imposed under chapters 202, 203, and 212. Each intrastate interexchange telecommunications company shall continue to be subject to s. 364.163 and shall continue to pay intrastate switched network access rates or other intercarrier compensation to the local exchange telecommunications company or the competitive local exchange telecommunications company for the origination and termination of interexchange telecommunications service.

(14) “Telecommunications facility” includes real estate, easements, apparatus, property, and routes used and operated to provide two-way telecommunications service to the public for hire within this state.
(15) “VoIP” means any service that:
(a) Enables real-time, two-way voice communications that originate from or terminate to the user’s location in Internet Protocol or any successor protocol;
(b) Uses a broadband connection from the user’s location; and
(c) Permits users generally to receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network.
History.s. 2, ch. 6525, 1913; RGS 4394; CGL 6358; s. 1, ch. 63-279; s. 1, ch. 65-52; s. 1, ch. 65-451; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 32, ch. 80-36; s. 2, ch. 81-318; s. 1, ch. 84-215; ss. 6, 7, ch. 89-163; ss. 2, 48, 49, ch. 90-244; s. 4, ch. 91-429; s. 6, ch. 95-403; s. 12, ch. 98-277; s. 3, ch. 2003-32; s. 14, ch. 2005-132; s. 2, ch. 2005-171; s. 73, ch. 2008-4; s. 4, ch. 2009-226; s. 6, ch. 2011-36; s. 29, ch. 2011-64.

Statutes updated from Official Statutes on: December 31, 2020
F.S. 364.02 on Google Scholar

F.S. 364.02 on Casetext

Amendments to 364.02


Arrestable Offenses / Crimes under Fla. Stat. 364.02
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 364.02.


Civil Citations / Citable Offenses under S364.02
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 364.02.


Annotations, Discussions, Cases:

  1. Level 3 Comm. v. Jacobs

    841 So. 2d 447 (Fla. 2003)   Cited 21 times
    Level 3 is a certified alternative local exchange and interexchange telecommunications service provider in Florida. An alternative local exchange telecommunications company (ALEC) is defined as any company certified by the Public Service Commission to provide local exchange telecommunications in Florida on or after July 1, 1995. See § 364.02(1), Fla. Stat. (2001). The federal Telecommunications Act of 1996 required incumbent local exchange carriers (ILECs) to allow ALECs to interconnect their networks with the networks of the new ALECs who sought entry into a particular market. See 47 U.S.C. § 251(c)(2) (2000). ILEC is defined by Florida law as a company certified by the PSC to provide local exchange service on or before June 30, 1995, see section 364.02(6), Florida Statutes (2001), and by federal law as a local exchange carrier that provided telephone exchange service in a particular area on February 8, 1996. See 47 U.S.C. § 251(h).
    PAGE 449
  2. Bellsouth Telecomm. v. Jacobs

    834 So. 2d 855 (Fla. 2002)   Cited 1 times
    BellSouth contends that this Court should refer to the standard definitions of the terms "telecommunications" and "service" to ascertain the proper label for its restructured late payment charge.Merriam-Webster's Collegiate Dictionary defines "telecommunication" as "communication at a distance (as by telephone)." Merriam-Webster's Collegiate Dictionary 1211 (10th ed. 1999). Additionally, section 364.02 defines a "telecommunications company" as a business entity "offering two-way telecommunications service to the public for hire within this state by the use of a telecommunications facility," and a "telecommunications facility" as "real estate, easements, apparatus, property, and routes used and operated to provide two-way telecommunications service to the public for hire within this state." § 364.02(12)-(13), Fla. Stat. (2001). The applicable definition of "service," as provided by Merriam-Webster's Dictionary is: "a facility supplying some public demand." Merriam-Webster's Collegiate Dictionary 1070 (10th ed. 1999).
    PAGE 858
  3. In re Flagstaff Foodservice Corp.

    739 F.2d 73 (2d Cir. 1984)   Cited 141 times   1 Legal Analyses
    Looking to the plain language of these sections, as we are bound to do, Caminetti v. United States, 242 U.S. 470, 485, 37 S.Ct. 192, 194, 61 L.Ed. 442 (1917), we conclude that GECC's security interest has priority over appellees' claims for professional services, In re Malaspina, 30 B.R. 267, 270 (Bkrtcy.W.D.Pa. 1983); 3 Collier on Bankruptcy ¶ 507.05, at 507-44 (15th ed. 1984). To the extent that In re Callister, 15 B.R. 521 (Bkrtcy.D.Utah 1981), appeal dismissed, 673 F.2d 305 (10th Cir. 1982), relied upon by appellees, is to the contrary, we decline to follow it. Where, as here, the statutory language clearly expresses the congressional intent, a court may not read another meaning into the statute in order to arrive at a result which the court deems preferable. Central Trust Co. v. Official Creditors' Committee of Geiger Enterprises, Inc., 454 U.S. 354, 359-60, 102 S.Ct. 695, 697-98, 70 L.Ed.2d 542 (1982); In re Fidelity Mortgage Investors, 690 F.2d 35, 39-40 (2d Cir. 1982). Attorneys may, as Levin Weintraub did here, secure a portion of their fee in advance. See Matter of Arlan's Dep't Stores, Inc., 615 F.2d 925, 935-37 (2d Cir. 1979). If attorneys need more encouragement than…
    PAGE 75
  4. AGO

    97-05 (Ops. Fla. Atty. Gen. Jan. 17, 1997)
    See, s. 364.02(1), Fla. Stat. (1995), defining "[a]lternative local exchange telecommunications company" to mean "any company certificated by the [Florida Public Service] commission to provide local exchange telecommunications services in this state on or after July 1, 1995."
  5. ‘ . . . conduits, ducts, poles, wires, cables . . . and all devices . . . used and operated to facilitate the business of affording telephonic communication service to the public for hire within this state.’ Fla.Stats. § 364.02(5), F.S.A. (emphasis supplied).
    PAGE 183
  6. ATT COMMUNICATIONS v. BELLSOUTH

    268 F.3d 1294 (11th Cir. 2001)   Cited 8 times
    Consequently, in determining whether operator services constitute "other costs" under § 252(d)(3), we must consider BellSouth's universal service commitments under Florida law. As part of Florida's commitment to universal service, each local carrier in Florida is required to provide basic local telephone service within a reasonable time to anyone who requests it within the carrier's service area for an eight-year period after January 1, 1996. 13B Fla. Stat. Ann. § 364.025(1). Basic local phone service includes operator services. § 364.02( 2). At oral argument, counsel for BellSouth stated that BellSouth's tariff agreement requires it to provide operator services in Florida. That operator services are a required element of BellSouth's local telephone services package indicates that such services are not mere costs akin to "marketing, billing, [and] collection" under 47 U.S.C. § 252(d)(3). It instead suggests that operator services are an essential component to BellSouth's local service, inextricably interwoven with the proper transmission of telephone communications, not a cost rightly viewed as avoidable or ancillary to basic telephone service. Section 364.02
    PAGE 1301
  7. Florida Interexchange Carriers Ass'n v. Clark

    678 So. 2d 1267 (Fla. 1996)   Cited 11 times
    Under the new telecommunications law, extended calling service must be "in existence or ordered by the commission on or before July 1, 1995" to meet the definition of "basic local telecommunications service." § 364.02 (2), Fla. Stat. (1995). "[A]ny telecommunications service provided by a local exchange telecommunications company other than a basic local telecommunications service" is defined as "nonbasic service."
    PAGE 1269
  8. Matter of Garofalo's Finer Foods, Inc.

    186 B.R. 414 (N.D. Ill. 1995)   Cited 85 times   1 Legal Analyses
    If the overdraft credit was extended within the ordinary course of business, prior court approval was not required and, equally important, the credit would be considered an administrative expense allowable under section 503(b)(1) of the Bankruptcy Code. See 11 U.S.C. § 364(a). FNB-Harvey's administrative expense claim under section 503(b)(1) would come after the Suppliers' priority administrative claim under section 364(c)(1) ( see November 13, 1990 cash collateral order), the remaining secured creditors' claims, and the chapter 7 administrative expenses, but would have priority over the unsecured creditors' claims. See 11 U.S.C. § 507(a); Sapir v. C.P.Q. Colorchrome Corp. (In re Photo Promotion Assoc., Inc.), 881 F.2d 6, 10 (2d Cir. 1989); 2 Collier on Bankruptcy ¶ 364.02 at 364-6 (L. King 15th ed. 1986). If, however, the overdraft credit was not extended within the ordinary course of business, it would only be considered an administrative expense allowable under section 503(b)(1) if the bankruptcy court, after notice and a hearing, authorized each extension of credit. See 11 U.S.C. § 364(b). Finally, if the overdraft credit was not extended within the ordinary course…
    PAGE 423
  9. Radio Telephone Commun. v. Southeastern Tel. Co.

    170 So. 2d 577 (Fla. 1965)   Cited 29 times
    This brings us, then, to the question of whether there has been an "exercise of jurisdiction over the radio communication service" in this state. As noted above, the Florida Commission had the view that RTC was "operating a telephone line * * * and is a telephone company under the laws of Florida." And it is true that, if we give to the words of the statute, Sec. 364.02, their literal meaning, it could conceivably be held that RTC's interconnection with Southeastern's telephone line constituted it a "telephone company", as defined in Sec. 364.02, as follows: —
    PAGE 580