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66.0419(1)(a)5. 5. Section 637 of the federal communications policy act of 1984 reaffirms the authority of cities, towns and villages to award cable television system franchises and maintains the integrity of existing franchises.
66.0419(1)(a)6. 6. Regulation of cable television services by cities, towns and villages is necessary to ensure citizens adequate and efficient cable television service and to protect and promote public health, safety and welfare.
66.0419(1)(a)7. 7. It is in the public interest to maintain the authority of cities, towns and villages to grant and revoke cable television franchises, require the payment of franchise fees and establish rates charged to customers by franchise holders.
66.0419(1)(b) (b) In this section the legislature intends to:
66.0419(1)(b)1. 1. Clarify the legislature's position on certain antitrust and franchise fee and other compensation issues which affect the cities, towns and villages of this state, which are related to the regulation of cable television services and which have arisen in recent state and federal court actions.
66.0419(1)(b)2. 2. Reaffirm the policy of the legislature, which is to provide that the exercise of the police power of this state concerning cable television service remain in the cities, towns and villages of this state.
66.0419(1)(b)3. 3. Authorize cities, towns and villages to impose franchise fees for the purpose of raising general revenue.
66.0419(1)(b)4. 4. Maintain the spirit of the compromise between the cable industry and municipalities effected under the federal cable communications policy act of 1984, the enactment of which the municipalities agreed to support because it provides for their clear right to impose and collect a limited franchise fee based on cable operator income or gross revenues.
66.0419(2) (2)Definitions. In this section:
66.0419(2)(a) (a) "Affiliate", when used in relation to any person, means another person who owns or controls, is owned or controlled by, or is under common ownership control with such person.
66.0419(2)(b) (b) "Cable operator" means any person who provides cable service over a cable television system and who:
66.0419(2)(b)1. 1. Directly or through one or more affiliates owns a significant interest in the cable television system; or
66.0419(2)(b)2. 2. Otherwise controls or is responsible for, through any arrangement, the management and operation of the cable television system.
66.0419(2)(c) (c) "Cable service" means:
66.0419(2)(c)1. 1. The one-way transmission to subscribers of video programming or of other programming service; and
66.0419(2)(c)2. 2. Subscriber interaction, if any, which is required for the selection of such video programming or other programming service.
66.0419(2)(d) (d) "Cable television system" means a facility which consists of a set of closed transmission paths and associated signal generation, reception and control equipment designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community. "Cable television system" does not include any of the following:
66.0419(2)(d)1. 1. A facility which serves only to retransmit the television signals of one or more television broadcast stations.
66.0419(2)(d)2. 2. A facility that serves only subscribers in one or more multiunit dwellings under common ownership, control or management unless such facility uses any public right-of-way.
66.0419(2)(d)3. 3. A facility of a common carrier which is subject, in whole or in part, to the provisions of 47 USC 201 to 222, except that the facility is a cable television system to the extent that the facility is used in transmission of video programming directly to subscribers.
66.0419(2)(d)4. 4. Any facility of any electric utility used solely for operating its electric utility system.
66.0419(2)(e) (e) "Franchise fee" means any fee, assessment or other compensation which a municipality requires a cable operator to pay, with respect to the operation of cable television systems, solely because of the cable operator's status as such, and includes any compensation required under s. 66.0425.
66.0419(2)(f) (f) "Municipality" means a city, village or town.
66.0419(2)(g) (g) "Other programming service" means information which a cable operator makes available to all subscribers generally.
66.0419(2)(h) (h) "Video programming" means programming provided by, or generally considered comparable to, programming provided by a television broadcast station.
66.0419(3) (3)Franchises. A municipality may operate or regulate a cable television system and in such operation and regulation may, without limitation because of enumeration:
66.0419(3)(a) (a) Own and operate a cable television system.
66.0419(3)(b) (b) Grant or revoke one or more franchises authorizing the construction and operation of a cable television system and govern the operation of any franchise granted.
66.0419(3)(c) (c) Require the payment of franchise fees which, notwithstanding s. 66.0611, may be based on the income or gross revenues of a cable television system, or measured by such income or gross revenues.
66.0419(3)(d) (d) Contract for operation of a municipally owned cable television system.
66.0419(3)(e) (e) Establish rates and regulate services to the extent provided under federal law.
66.0419(3m) (3m)Municipal cable television system costs.
66.0419(3m)(a)(a) Except for costs for any of the following, a municipality that owns and operates a cable television system, or an entity owned or operated, in whole or in part, by such a municipality, may not require nonsubscribers of the cable television system to pay any of the costs of the cable television system:
66.0419(3m)(a)1. 1. Public, educational, and governmental access channels.
66.0419(3m)(a)2. 2. Debt service on bonds issued under s. 66.0619 to finance the construction, renovation, or expansion of a cable television system.
66.0419(3m)(a)3. 3. The provision of broadband service by the cable television system, if the requirements of s. 66.0422 (3d) (a), (b), or (c) are satisfied.
66.0419(3m)(am) (am) Paragraph (a) does not apply to a municipality that, on March 1, 2004, was providing cable service to the public.
66.0419(3m)(b) (b) Paragraph (a) does not apply to a municipality if all of the following conditions apply:
66.0419(3m)(b)1. 1. On November 1, 2003, the public service commission has determined that the municipality is an alternative telecommunications utility under s. 196.203.
66.0419(3m)(b)2. 2. A majority of the governing board of the municipality votes to submit the question of supporting the operation of a cable television system by the municipality to the electors in an advisory referendum and a majority of the voters in the municipality voting at the advisory referendum vote to support the operation of a cable television system by the municipality.
66.0419(4) (4)Construction. The authority granted under this section to a municipality to operate and regulate a cable television system is in addition to any other power which the municipality has and the authority of a municipality to operate and regulate a cable television system is limited only by the express language of this section.
66.0419(5) (5)Franchise transfers.
66.0419(5)(a)(a) A cable operator shall give the municipality that authorized its franchise at least 90 days' advance written notice of the cable operator's intention to transfer ownership or control of a cable television system. During the term of a franchise agreement, a cable operator may not transfer ownership or control of a cable television system without the approval of the municipality that authorized the franchise. A municipality may not withhold approval of an ownership transfer or a transfer of control without good cause. If a hearing is necessary to determine if a transfer may have an adverse effect, a municipality may schedule a hearing to take place within 45 days after the date on which the municipality receives the notice. If a municipality withholds approval of an ownership transfer or a transfer of control, the municipality shall state its objections to the transfer in writing within 60 days after the date on which the municipality receives the notice. Under this paragraph, a transfer of control is presumed to occur if 40% or more of the ownership interest in a cable television system is transferred.
66.0419(5)(am) (am) If 10% or more of the ownership interest in a cable television system is transferred, the cable operator shall inform the municipality that authorized its franchise of the transfer in writing within 30 days after the date of the transfer.
66.0419(5)(c) (c) The provisions of this subsection may be varied under a written franchise agreement that is entered into, renewed, extended or modified after May 14, 1992.
66.0419 History History: 1985 a. 29; 1991 a. 296; 1999 a. 150 s. 241; Stats. 1999 s. 66.0419; 2003 a. 278, 327.
66.0421 66.0421 Access to cable service.
66.0421(1) (1)Definitions.
66.0421(1)(a)(a) "Cable operator" has the meaning given in s. 66.0419 (2) (b).
66.0421(1)(b) (b) "Cable service" has the meaning given in s. 66.0419 (2) (c).
66.0421(2) (2)Interference prohibited. The owner or manager of a multiunit dwelling under common ownership, control or management or of a mobile home park or the association or board of directors of a condominium may not prevent a cable operator from providing cable service to a subscriber who is a resident of the multiunit dwelling, mobile home park or of the condominium or interfere with a cable operator providing cable service to a subscriber who is a resident of the multiunit dwelling, mobile home park or of the condominium.
66.0421(3) (3)Installation in multiunit building. Before installation, a cable operator shall consult with the owner or manager of a multiunit dwelling or with the association or board of directors of a condominium to establish the points of attachment to the building and the methods of wiring. A cable operator shall install facilities to provide cable service in a safe and orderly manner and in a manner designed to minimize adverse effects to the aesthetics of the multiunit dwelling or condominium. Facilities installed to provide cable service may not impair public safety, damage fire protection systems or impair fire-resistive construction or components of a multiunit dwelling or condominium.
66.0421(4) (4)Repair responsibility. A cable operator is responsible for any repairs to a building required because of the construction, installation, disconnection or servicing of facilities to provide cable service.
66.0421 History History: 1989 a. 143; 1999 a. 9; 1999 a. 150 ss. 252 to 254; Stats. 1999 s. 66.0421.
66.0422 66.0422 Cable television, telecommunications, and broadband facilities.
66.0422(1) (1) In this section:
66.0422(1)(a) (a) "Cable service" has the meaning given in s. 66.0419 (2) (c).
66.0422(1)(b) (b) "Local government" means a city, village, or town.
66.0422(1)(c) (c) "Telecommunications service" has the meaning given in s. 196.01 (9m).
66.0422(2) (2) Except as provided in subs. (3), (3d), (3m), and (3n), no local government may enact an ordinance or adopt a resolution authorizing the local government to construct, own, or operate any facility for providing cable service, telecommunications service, or broadband service, directly or indirectly, to the public, unless all of the following are satisfied:
66.0422(2)(a) (a) The local government holds a public hearing on the proposed ordinance or resolution.
66.0422(2)(b) (b) Notice of the public hearing is given by publication of a class 3 notice under ch. 985 in the area affected by the proposed ordinance or resolution.
66.0422(2)(c) (c) No less than 30 days before the public hearing, the local government prepares and makes available for public inspection a report estimating the total costs of, and revenues derived from, constructing, owning, or operating the facility and including a cost-benefit analysis of the facility for a period of at least 3 years. The costs that are subject to this paragraph include personnel costs and costs of acquiring, installing, maintaining, repairing, or operating any plant or equipment, and include an appropriate allocated portion of costs of personnel, plant, or equipment that are used to provide jointly both telecommunications services and other services.
66.0422(3) (3)Subsection (2) does not apply to a local government if all of the following conditions apply:
66.0422(3)(a) (a) On November 1, 2003, the public service commission has determined that the local government is an alternative telecommunications utility under s. 196.203.
66.0422(3)(b) (b) A majority of the governing board of the local government votes to submit the question of supporting the operation of the facility for providing cable service, telecommunications service, or Internet access service, directly or indirectly to the public, by the local government to the electors in an advisory referendum and a majority of the voters in the local government voting at the advisory referendum vote to support operation of such a facility by the local government.
66.0422(3d) (3d)Subsection (2) does not apply to a facility for providing broadband service to an area within the boundaries of a local government if any of the following are satisfied:
66.0422(3d)(a) (a) The local government asks, in writing, each person that provides broadband service within the boundaries of the local government whether the person currently provides broadband service to the area or intends to provide broadband service within 9 months to the area and within 60 days after receiving the written request no person responds in writing to the local government that the person currently provides broadband service to the area or intends to provide broadband service to the area within 9 months.
66.0422(3d)(b) (b) The local government determines that a person who responded to a written request under par. (a) that the person currently provides broadband service to the area did not actually provide broadband service to the area and no other person makes the response to the local government described in par. (a).
66.0422(3d)(c) (c) The local government determines that a person who responded to a written request under par. (a) that the person intended to provide broadband service to the area within 9 months did not actually provide broadband service to the area within 9 months and no other person makes the response to the local government described in par. (a).
66.0422(3m) (3m)Subsection (2) does not apply to a facility for providing broadband service if all of the following apply:
66.0422(3m)(a) (a) The municipality offers use of the facility on a nondiscriminatory basis to persons who provide broadband service to end users of the service.
66.0422(3m)(b) (b) The municipality itself does not use the facility to provide broadband service to end users.
66.0422(3m)(c) (c) The municipality determines that, at the time that the municipality authorizes the construction, ownership, or operation of the facility, whichever occurs first, the facility does not compete with more than one provider of broadband service.
66.0422(3n) (3n)Subsection (2) does not apply to a local government that, on March 1, 2004, was providing cable service to the public.
66.0422(4) (4) Notwithstanding sub. (2), a local government may enact an ordinance or adopt a resolution authorizing the local government to prepare a report specified in sub. (2) (c).
66.0422(5) (5) If a local government enacts an ordinance or adopts a resolution that complies with the requirements of sub. (2), the local government must determine the cost incurred in preparing the report specified in sub. (2) (c). As soon as practicable after the local government generates revenue from a facility specified in sub. (2) (intro.), the local government shall use the revenues to reimburse the treasury of the local government for the cost determined under this subsection.
66.0422 History History: 2003 a. 278, 327.
66.0423 66.0423 Transient merchants.
66.0423(1)(1) In this section:
66.0423(1)(a) (a) "Sale of merchandise" includes a sale in which the personal services rendered upon or in connection with the merchandise constitutes the greatest part of value for the price received, but does not include a farm auction sale conducted by or for a resident farmer of personal property used on the farm or the sale of produce or other perishable products at retail or wholesale by a resident of this state.
66.0423(1)(b) (b) "Transient merchant" means a person who engages in the sale of merchandise at any place in this state temporarily and who does not intend to become and does not become a permanent merchant of that place.
66.0423(2) (2) Cities and villages, and towns not subject to an ordinance enacted under s. 59.55 (4), may, by ordinance, regulate the retail sales, other than auction sales, made by transient merchants and provide penalties for violations of those ordinances.
66.0423 History History: 1989 a. 301, 359; 1999 a. 150 ss. 110, 250, 251; Stats. 1999 s. 66.0423.
66.0425 66.0425 Privileges in streets.
66.0425(1) (1) In this section, "privilege" means the authority to place an obstruction or excavation beyond a lot line, or within a highway in a town, village, or city, other than by general ordinance affecting the whole public.
66.0425(2) (2) A person may apply to a town or village board or the common council of a city for a privilege. A privilege may be granted if the applicant assumes primary liability for damages to person or property by reason of the granting of the privilege, is obligated to remove an obstruction or excavation upon 10 days' notice by the state or the municipality and waives the right to contest in any manner the validity of this section or the amount of compensation charged. The grantor of the privilege may require the applicant to file a bond that does not exceed $10,000; that runs to the town, village, or city and to 3rd parties that may be injured; and that secures the performance of the conditions specified in this subsection. If there is no established lot line and the application is accompanied by a blue print, the town or village board or the common council of the city may impose any conditions on the privilege that it considers advisable.
66.0425(3) (3) Compensation for a privilege shall be paid into the general fund and shall be fixed by the governing body of a city, village or town or by the designee of the governing body.
66.0425(4) (4) The holder of a privilege is not entitled to damages for removal of an obstruction or excavation, and if the holder does not remove the obstruction or excavation upon due notice, it shall be removed at the holder's expense.
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