Because SUNCOM was a component of the State Technology Office (STO), the elimination of the STO left SUNCOM without rules. These proposed rules reestablish SUNCOM rules with significant and fundamental changes because of changes to Statutes, ...

 

DEPARTMENT OF MANAGEMENT SERVICES
Communications and Information Technology Services

RULE NO: RULE TITLE
60FF-2.001: Order Process
60FF-2.002: Customer Responsibilities in Order Process
60FF-2.003: Communications Service Provider Responsibilities in Order Process
60FF-2.004: The Department’s Responsibilities in Order Process
60FF-2.005: SUNCOM Charges to Customers
60FF-2.006: SUNCOM Provider Billing to Department
60FF-2.007: SUNCOM Provider Billing Directly to Customers
PURPOSE AND EFFECT: Because SUNCOM was a component of the State Technology Office (STO), the elimination of the STO left SUNCOM without rules. These proposed rules reestablish SUNCOM rules with significant and fundamental changes because of changes to Statutes, technology and deregulation of the telecommunications industry that were not accounted for in the STO rules.
SUMMARY: The proposed rules describe the SUNCOM order and billing processes; establish clear processes for SUNCOM billing to customers and; establish clear processes for vendor billing to SUNCOM and vendor direct billing to customers.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 282.102(9) FS.
LAW IMPLEMENTED: 282.102, 282.103, 282.104, 282.105, 282.106, 282.107 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: January 28, 2008, 1:00 p.m., February 7, 2008, February 20, 2008, 9:00 a.m.
PLACE: Betty Easley Conference Center, Room 152, 4075 Esplanade Way, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 2 days before the workshop/meeting by contacting: Marta McPherson at [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Carolyn Mason, Communications and Information Technology Services, 4030 Esplanade Way, Suite 125K, Tallahassee, Florida 32303; [e-mail] or telephone [phone]
Interested parties are encouraged to obtain electronic copies of these proposed rules via an electronic mail request to Carolyn Mason and send Ms. Mason specific excerpts with clearly identifiable suggestions on how the proposed wording can be improved (i.e. using underline and strike through to signify suggested changes). All parties providing such suggestions should include information identifying themselves and the organization they represent with contact information.

THE FULL TEXT OF THE PROPOSED RULE IS:

STATE COMMUNICATIONS ORDER PROCESSING AND BILLING

60FF-2.001 Order Process.

The Customer Service Authorization Process shall be as follows:

(1) Unless specifically authorized in writing by the Department, Customers shall initiate all requests for SUNCOM Services in the Communications Service Authorization System or permit the Department to initiate them on the Customer’s behalf with the Customer’s consent through the CSAB System(s).

(2) Any transactions within the CSAB System(s) initiated by Customers that result in placement of an order shall be clearly marked with a label “Place Order.”

(3) Upon completion of a successful order placement, the CSAB System(s) shall attempt to send a confirmation via electronic mail to the electronic mailing address on file in the CSAB System for the Authorizing Official who placed the order.

(4) The Department shall review CSA requests, modify them if necessary, then satisfy them or process them for satisfaction by another party, or reject them based upon their compliance with these rules and compatibility with SUNCOM offerings. Each modification, major progressive step, rejection or satisfaction of the request shall result in electronic notification and/or readily apparent indicative changes in the CSA and/or Billing Data within the CSAB System(s).

(5) SUNCOM Providers shall use the CSAB System(s) or exchange data with the CSAB System in accordance with the Department data exchange standards, as the means of accepting SUNCOM service requests and shall expeditiously and accurately update status information regarding the SUNCOM Provider’s efforts to satisfy the request and/or make changes to the SUNCOM service.

(6) The CSAB System(s) shall be the foundation of the SUNCOM inventory of services obtained from SUNCOM Providers and Services consumed by Customers. Therefore, the CSA data shall be the basis for billing and audits verifying the accuracy of SUNCOM Provider charges to SUNCOM and SUNCOM charges to Customers.

Specific Authority 282.102(9) FS. Law Implemented 282.102(2), (8), (12), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History– New_______.

 

60FF-2.002 Customer Responsibilities in Order Process.

The Customer’s responsibilities in the order process shall be as follows:

(1) Register to Become a Customer – Eligible Users which are not SUNCOM Customers or Required Users must submit a request, provide the associated information and agree to the terms and conditions as described in Rule 60FF-1.003, F.A.C.

(2) Appoint and Maintain Authorizing Officials - The Customer shall appoint Authorizing Official(s) on behalf of the Eligible User and all of its subordinate entities (for which the Customer makes organizational and/or accounting distinctions). Multiple roles within the CSAB system(s) may be held by single or several individuals, as long as all of the roles available to Customers in the CSAB system(s), including the authority to appoint other Authorizing Officials, are performed by appointees of the Customer.

(a) Each Customer shall have the sole responsibility to ensure that only its duly designated Authorizing Officials exercise the commensurate Customer authorities in the CSAB System(s) on the Customer’s behalf.

(b) All Authorizing Officials are obliged to achieve and maintain understanding of their role(s) and associated authorities and functionality of the CSAB system(s) and SUNCOM processes to satisfy Customer requests and to invoice for services.

(3) Establish and Maintain Customer Accounts – Each Customer shall establish and maintain accurate and current data within the CSAB System(s) regarding the Customer’s profile, accounting information and Authorizing Officials.

(4) Place Orders – Absent a declaration to the contrary from the Department, the CSAB System(s) shall be the sole means for Customers to request or modify SUNCOM Services. In order to be considered a valid CSA, irrespective of the means of establishing it, a CSA must have a corresponding entry with a unique identification number in the Department electronic repository of CSA data and can only be established with consent from the Authorizing Official. CSAs are initiated through the following:

(a) Direct entry of the associated data into the SUNCOM CSAB System(s) by the Authorizing Official.

(b) Agreements between the Department staff and the Customer to establish CSAs on behalf of the Customer.

(c) Electronic insertion of CSA data into the Department’s electronic repository of CSA data with consent from the Customer and the Department.

(5) Monitor Statuses and Inventories – All Customers are responsible for monitoring events and accessible inventories in the CSAB System(s) related to the Customer account(s) and services.

(6) Audit Invoices – Each Customer shall be solely responsible for auditing invoices to the Customer against the CSA data and ensuring that billings reflect the correct inventory and correct service charges, in accordance with SUNCOM prices, for the invoicing period.

(7) Adapt to System Enhancements – The Customer is responsible for keeping abreast of enhancements to and announcements regarding the CSAB System(s) and changing Customer processes in accordance with the changes to the CSAB System(s).

(8) Acknowledge the Primacy of CSAB Data – Because the CSAB System(s) is the foundation of the SUNCOM inventory of services consumed by SUNCOM Customers (when written agreements with SUNCOM Providers or Customers do not specifically exclude the CSA process) and the basis for invoicing to Customers for services, Customers must make good faith efforts to ensure that the data contained in the system(s) is accurate and presuppose its validity.

Specific Authority 282.102(9) FS. Law Implemented 282.102(2), (8), (12), 282.103, 282.104, 282.105, 282.106, 282.10 FS. History– New_______.

 

60FF-2.003 Communications Service Provider Responsibilities in Order Process.

The Communications Service Provider’s and SUNCOM Service Provider’s responsibilities in the order process shall be as follows:

(1) Accept the CSAB System(s) as the Means for Processing Service Requests – In all instances where agreements between the Department and SUNCOM Providers do not specifically exclude the CSA process, SUNCOM Providers shall accept CSA data from the CSAB Systems(s) as the basis for processing requests from the Department and SUNCOM Customers, and shall recognize the CSA data as the State’s acknowledgement of its payment obligations.

(a) Any services originating from a CSA order shall be satisfied with a SUNCOM service if a corresponding SUNCOM service exists irrespective of any of the choices made by the Authorizing Official.

(b) SUNCOM Providers shall not accommodate or satisfy requests for SUNCOM Services from entities that are not Eligible Users.

(c) Communications Service Providers shall not accommodate or satisfy requests from Required Users for Network Equipment, Network Services or Network Software outside the CSA or Exemption Request processes unless an exception is explicitly granted by the Department or specified through an agreement between the Department and the Provider.

(d) SUNCOM Providers shall not accommodate or satisfy requests for SUNCOM Services from Eligible Users outside the CSA process unless an exception is explicitly granted by the Department or specified through an agreement between the Department and the Provider.

1. If a SUNCOM Provider has been granted an exception to allow selling SUNCOM Services outside of the CSA process, the SUNCOM Provider will supply substantiating detail of said sales using the same standards as outlined in paragraph 60FF-2.007(2)(b), F.A.C.

(e) SUNCOM Providers shall not usurp processes or service request procedures intrinsic to the CSAB System(s) unless specifically authorized by the Department in writing.

1. The Department shall grant exceptions to the CSA and billing processes through contractual terms when the nature of the service or the limitation of SUNCOM’s current ability to accommodate the service through these processes require such exceptions in order to make the service available. However, the Department and the SUNCOM Provider shall commit to efforts to eliminate these exceptional conditions.

2. The Department shall grant other exceptions to the CSA process only when the need for a service constitutes an emergency as determined by a Department employee.

(2) Update the CSAB System(s) Accurately and Expeditiously – SUNCOM Providers shall use the CSAB System(s) or exchange data with the CSAB System(s) in accordance with the Department data exchange standards, to expeditiously and accurately update status information regarding the SUNCOM Provider’s efforts to satisfy a request.

(3)(a)  Acknowledge the Primacy of CSA Data – Because the CSAB System(s) is the foundation of the SUNCOM inventory of services obtained from SUNCOM Providers and services consumed by SUNCOM Customers (when agreements with SUNCOM Providers do not specifically exclude the CSA process) and the basis for invoicing SUNCOM Customers, SUNCOM Providers must make good faith efforts to ensure that the data contained in the system is accurate and presuppose its validity.

(b) Absent clear evidence to the contrary, disputes regarding whether or not a compensable service has been rendered shall be determined by the existence of data in the CSAB System(s). This data shall verify that a CSA request had been issued and a compensable service had been rendered for the period corresponding to a SUNCOM Provider’s claim in order for the SUNCOM Provider to receive the associated payment.

(4) Fostering and Adapting to Enhancements to the CSAB System(s) – SUNCOM Providers are responsible for assisting the Department in efforts to enhance the system and changing SUNCOM Providers’ processes to facilitate enhancements.

Specific Authority 282.102(9) FS. Law Implemented 282.102(2), (8), (12), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History– New_______.

 

60FF-2.004 The Department’s Responsibilities in Order Process.

The Department’s responsibilities in the Order Process shall be as follows:

(1) Maintain the CSAB System(s) – The Department shall ensure the availability of the system to Customers and SUNCOM Providers in a manner consistent with the standard business needs of the Customer and SUNCOM Providers.

(2) Enhance the CSAB System(s) – The Department shall engage in continuous efforts, in partnerships with Customers and SUNCOM Providers, to enhance the CSAB System(s) to improve usability and enhance functionality.

(3) Inform the Customer – The Department shall expeditiously and thoroughly inform users of the CSAB System(s) of impending changes to functionality and interfaces for the purpose of enabling users to adjust their business processes accordingly and retain effectiveness when using the system(s).

(4) Train the Customer – The Department shall provide training to users of the CSAB System(s) pertaining to its functionality and the business processes intrinsic to the system(s) and the CSA and billing processes.

(5) Modify and Approve Customer Requests – In instances where the business process requires it, the Department shall expeditiously review CSA requests from Customers, modify them where appropriate, satisfy them or process them for satisfaction by another party or reject the CSA after communicating with the Authorizing Official regarding the reason.

(6) Acknowledge the Primacy of CSA Data – Because the CSAB System(s) is the foundation of the SUNCOM inventory of services obtained from SUNCOM Providers and services consumed by SUNCOM Customers (when agreements with SUNCOM Providers do not specifically exclude the CSA process) and the basis for invoicing provided to Customers for services, the Department must make good faith efforts to ensure that the data contained in the system is accurate and presuppose its validity.

Specific Authority 282.102(9) FS. Law Implemented 282.102(2), (8), (12), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History– New_______.

 

60FF-2.005 SUNCOM Charges to Customers.

(1) The Department provides SUNCOM invoices and invoicing detail to Customers electronically through the secure Web site: http://suncombilling.myflorida.com.

(2) Payment Processes –

(a) To properly satisfy an invoice the Customer must provide complete information with the payment that is sufficient to ensure that the Department receives the credits and they are attributable to the correct invoice.

(b) Customers who properly satisfy the invoice through the State accounting system (with a Journal Transfer) need not provide any other documentation to the Department.

(c) Customers who properly satisfy the invoice through other electronic methods established by the State Chief Financial Officer need not provide any other documentation to the Department.

(d) Customers properly satisfying the invoice via any other means shall send one copy of the summary element with the payment to the Department of Management Services, Bureau of Financial Management, Post Office Box 5438, Tallahassee, Florida 32399-5438.

(3) The entire amount of the bill is due within 30 days of the invoice date printed on the invoice.

(a) Non-payment of the bill within 31 days shall result in a notice of nonpayment describing potential consequences of failure to make a timely payment.

(b) Non-payment of the bill within 60 days shall result in a second notice of nonpayment warning the Customer that the recurring service associated with the charge shall be terminated if payment is not processed within 90 days from the date the invoice was issued.

(c) Non-payment of the bill within 90 days shall result in a third notice of nonpayment warning the Customer that the recurring service associated with the charge may be terminated immediately.

(d) Non-payment of the bill within 120 days shall result in a fourth notice of nonpayment warning the Customer that all of the recurring services provided to the Customer by SUNCOM may be terminated immediately.

(4) Disputing Charges – If the Customer disputes any of the charges on a SUNCOM invoice, the Customer shall submit a “charge dispute” via electronic mail to the following address: [e-mail].

(a) The electronic mail shall contain the following:

1. The phrase “Charge Dispute-Invoice Number” followed by the name of the Customer in the subject line of the electronic mail.

2. A detailed description of the dispute. The simplest and most effective description shall cite CSA data that indicates that the charge is unwarranted. Absent CSA data that supports the Customer’s claim, the description shall cite other documentation and provide a thorough rationale for the claim including an explanation regarding why the CSA data does not support the claim.

3. Supporting attachments.

(b) In spite of the Customer’s dispute of (a portion of the) charges, the Customer shall pay the entire invoice and await resolution of the dispute and a subsequent credit from the Department.

1. However, if the disputed charge constitutes an onerous obligation for the Customer and the Customer has a good faith belief that the charge is unwarranted; the Customer may withhold payment for the corresponding portion of the charge that is in dispute. If the Customer chooses to exercise this option, the Customer shall include a statement akin to the following in their charge dispute: “Because this disputed charge constitutes an onerous cost and the Customer is confident that the disputed charge is unwarranted, the Customer is withholding payment for the portion of the invoice related to the disputed charge.”

2. The Customer shall never withhold payment for charges that are unrelated to the specific charge that is disputed. If an invoice includes disputed charges, the Customer must satisfy the invoice for an amount equal to the portion of the invoice that is not disputed.

(c) Barring prohibitively complicated factors, the Department shall resolve the disputed charge within two billing cycles from the date of the charge notification.

1. If the Department concurs with the Customer, the Department shall inform the Customer via a reply to the charge dispute via electronic mail and issue a credit for the amount of the dispute on the next amendable invoice.

2. If the Department does not concur with the Customer, the Department shall inform the Customer and provide the rationale for its conclusion in a reply to the charge dispute via electronic mail.

Specific Authority 282.102(9)  FS. Law Implemented 282.102(2), (8), (12), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History– New_______.

 

60FF-2.006 SUNCOM Provider Billing to the Department.

Barring the exceptions for contract terms described below, all of the following conditions apply to invoicing from SUNCOM Providers.

(1) SUNCOM Providers shall invoice the Department for all SUNCOM Services provided to SUNCOM and SUNCOM Customers.

(2) The Department shall invoice all SUNCOM Customers for all SUNCOM Services rendered.

(3) The Department shall pay SUNCOM Providers lump sums on behalf of all SUNCOM Customers for the entire amount of legitimate charges regardless of the payment status of SUNCOM Customers.

(a) The Department shall solely determine when services shall be terminated to SUNCOM Customers for nonpayment in accordance with subsection 60FF-2.005(3), F.A.C.

(4) The SUNCOM Provider must make good faith efforts to render charges to the Department and SUNCOM Customers accurately.

1. Based upon a commensurate commitment from each SUNCOM Provider and the Department’s judgment that the SUNCOM Provider has made a good faith effort to invoice accurately, the Department shall choose “other remedy of the error” rather than request “a corrected invoice” as described in Section 215.422(3)(b), F.S., to reconcile invoicing errors.  These remedies shall include use of Generally Accepted Accounting principles to identify errors and process credits.

(5) The SUNCOM Provider shall supply an unchangeable hand bill showing the official charge to the Department.

(a) Through written agreement with the Department, the hand bill may consist of unchangeable electronic data.

(6) The SUNCOM Provider shall electronically supply detail substantiating the invoice.

(a) When totaled, the substantiating detail must match and validate the hand bill and provide a thorough source of auditing and reconciling the basis for charges from SUNCOM Providers.

(b) The electronic files containing the substantiating detail must include sufficient data to enable the Department to render invoices to SUNCOM Customers for their proportionate usage of the SUNCOM Services. That data must include: CSA number, Customer name and account codes, item, and amount of item.  All other billing elements must be included as defined by the contract between the Department and the SUNCOM Provider, such as billing date, interval billed, and service specific detail.

(c) The substantiating detail must be provided using an Electronic Data Interchange format established by the Department and sent to the Department address established for that purpose.

(d) Any electronic billing substantiation or detail data supplied by SUNCOM Providers that is not authorized by the Department as the means of accepting electronic substantiating detail data shall be considered supplemental aids to auditing or querying invoicing data and do not comprise official payment obligations or substantiating detail.

(7) The date the invoice is received by the Department or the date the service was rendered, whichever is later, constitutes the billing date used as a basis for determining payment deadlines.  Billing dates prior to the time when the associated service is rendered or billable service period is complete have no consequence on the Department’s payment obligation.

(8) Conflicting or mutually exclusive methods of billing to and collections from SUNCOM Customers is prohibited.

Specific Authority 282.102(9)  FS. Law Implemented 282.102(2), (8), (12), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History– New_______.

 

60FF-2.007 SUNCOM Provider Billing Directly to Customers.

(1) The SUNCOM Provider must be granted authority through its written contract with the Department in order to invoice SUNCOM Customers directly for SUNCOM Services.

(2) When the SUNCOM Provider invoices SUNCOM Customers directly:

(a) The SUNCOM Provider must make good faith efforts to render accurate charges to SUNCOM Customers.

(b) The SUNCOM Provider shall electronically supply to the Department complete and accurate detail substantiating all of the charges to SUNCOM Customers.

1. When totaled, the substantiating detail must validate the invoices to Customers and provide a thorough source of auditing and reconciling the basis for charges from SUNCOM Providers by including sufficient data to enable the Department to determine proportionate usage of the SUNCOM Customers.

2. Absent contract provisions with the Department that establish formats and exchange methods for the electronic substantiating detail file, the file must be provided using an Electronic Data Interchange format established by the Department and sent to the Department address established for that purpose.

3. The Department is not obligated to provide the Customer copies of invoices or substantiation on behalf of the SUNCOM Provider. If the Department chooses to do so, it shall not be as a part of a normal practice, and any such data that the Department provides shall not constitute official obligations of the State.

(3) The Department has no obligation to assume payable commitments on behalf of SUNCOM or SUNCOM Customers in instances where a vendor or SUNCOM Provider submitted an invoice directly to a SUNCOM Customer. If the Department chooses to assume such commitments, it shall only do so if and after the Customer has made the associated payment to the Department.

Specific Authority 282.102(9) FS. Law Implemented 282.102(2), (8), (12), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History–New_______.

NAME OF PERSON ORIGINATING PROPOSED RULE: Charles Ghini, Director of Telecommunications and Wireless, and Michael Kyvik, Chief of Operations, Communications and Information Technology Services (CITS)
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Terry Kester, Deputy Secretary, Communications and Information Technology Services (CITS)
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 18, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 9, 2007