LRB-4159/1
MDK&JK:all:rs
2013 - 2014 LEGISLATURE
February 18, 2014 - Introduced by Representatives Tittl, Schraa, Berceau,
Bernard Schaber, Bies, Doyle, Endsley, Hintz, Kaufert, Kestell,
Kleefisch, Kolste, Krug, Kulp, Murphy, A. Ott, Petryk, Ripp, Shankland,
Smith, Swearingen and Weatherston, cosponsored by Senators Leibham,
Gudex, L. Taylor, Harsdorf, Lazich, Lassa, Lehman, Tiffany and Schultz.
Referred to Committee on Energy and Utilities.
AB779,2,2 1An Act to repeal 20.155 (3) (t), 20.835 (1) (r), 25.17 (1) (ku), 25.99, 77.54 (55),
2196.025 (6), 256.35 (1) (d), 256.35 (3) (a) 3., 256.35 (3) (b), (c), (d), (e), (f), (g), (i)
3and (j) and 256.35 (3m) (a) 2.; to renumber 256.35 (1) (a) and 256.35 (3) (a) 1.;
4to renumber and amend 256.35 (3) (a) 2.; to amend 15.01 (4), 15.797 (title),
520.835 (1) (db), 25.50 (3) (b), 79.035 (1), 196.025 (6) (b), 196.202 (2), 196.203 (1g)
6(a), 196.206 (1), 196.499 (1) (intro.), 196.50 (2) (j) 1. b., 256.35 (3) (title), 256.35
7(3) (a) 4., 256.35 (3) (h) and 256.35 (4); and to create 15.797 (2), 16.9645 (2) (g),
820.155 (3) (h), 20.155 (3) (k), 256.35 (1) (am), 256.35 (1) (ct), 256.35 (1) (cw),
9256.35 (1) (em), 256.35 (3) (a) 2m., 256.35 (3) (bm), 256.35 (3) (cm), 256.35 (3)
10(dm), 256.35 (3) (em), 256.35 (3f), 256.35 (3h), 256.35 (3j) and 256.35 (12) of the
11statutes; relating to: state 911 telecommunications services, police and fire

1protection fee imposed on certain communications services, granting
2rule-making authority, and making appropriations.
Analysis by the Legislative Reference Bureau
This bill does all of the following: 1) eliminates the police and fire protection
fee; 2) requires statewide funding for a 911 emergency telecommunications system;
3) requires the Public Service Commission (PSC) to contract for such a system and
reimburse communications providers for related costs; 4) allows the PSC to make
grants to public safety agencies for improving 911 service; 5) creates a state 911
council; and 6) includes other provisions related to the foregoing.
Police and fire protection fee. Under current law, a provider of active retail
voice communications service must impose a monthly fee of 75 cents on each
communications service connection with an assigned telephone number. However,
for a prepaid wireless plan, a provider or a retailer must impose a one-time fee of 38
cents, instead of the 75 cents monthly fee. Current law allows a provider or retailer
to separately list the fee on customer bills. If separately listed, the provider or
retailer must identify the fee as "police and fire protection fee." The provider or
retailer must remit the fees to the PSC, except that the PSC may contract with the
Department of Revenue (DOR) to collect the fees for prepaid wireless plans. The PSC
and DOR must deposit the fees in the police and fire protection fund, which is used
to make shared revenue payments to counties, towns, villages, and cities.
The bill eliminates the requirement to impose the above fees. The bill also
eliminates the police and fire protection fund and the shared revenue payments
made from that fund. The foregoing changes, as well as the rest of the bill, take effect
on July 1, 2014, or the day after the bill's publication, whichever is later. The bill also
allows providers and retailers to indicate on bills that the fees will not be collected
after that date.
Statewide 911 funding. Current law allows a county to levy charges on
telecommunications service users to finance costs related to a 911 emergency
telecommunications system, if certain requirements are satisfied. One of the
requirements is that a county must enter into contracts with telecommunications
utilities to establish such a system. Also, the telecommunications utilities must
include the charges in their regular billing to service users. Current law imposes
limits on the amounts of the charges, which are based, in part, on a county's
population.
This bill eliminates a county's authority to levy the above charges and enter into
the above contracts. Instead, the bill generally requires that each communications
provider in the state impose a monthly fee of 40 cents on each communications
service connection, including those provided via a voice over Internet protocol (VOIP)
connection. The bill defines "communications provider" as any person that provides
a "communications service," which the bill defines as an active voice or nonvoice
communications service that is capable of accessing a "public safety answering point"
(PSAP), which is a facility to which 911 calls are initially routed so that a public

safety agency may dispatch emergency service providers. The bill also requires
communications providers and retailers to impose a fee of 20 cents on each retail
transaction for a prepaid wireless plan.
Subject to certain limits, the bill allows the PSC to annually increase or
decrease the above fees, but only if directed to do so by the state 911 council, which
is created in this bill and discussed below. Also, the PSC may increase or decrease
the above fees only with the approval of the governor and the only increases allowed
under the bill are those that reflect adjustments to the U.S. consumer price index.
In addition, increases are subject to the approval of the joint committee on finance.
The bill allows communications providers and retailers to identify the fee on
bills as "state 911 fee." Communications providers and retailers must remit the fees
they receive on a monthly basis to the PSC, except that the PSC may contract with
DOR to collect the fees.
Contracts and reimbursements. The bill requires the PSC to contract for the
establishment and maintenance of a statewide 911 telecommunications system by
contracting with entities to perform selective routing services, manage updates to
automatic location information databases, manage master street address guides,
and perform other services. If a county has contracted under current law with a
telecommunications utility for a system in the county, the telecommunications
utility must continue to perform the duties specified in the contract until the date
that the PSC determines that a statewide 911 telecommunications system has been
established in that county pursuant to contracts entered into by the PSC under the
bill. The PSC must reimburse the telecommunications utility for services related to
the county contract.
The bill also requires the PSC to reimburse communications providers, which
are defined as described above, for the commercially reasonable costs they incur to
provide 911 telecommunications service. Communications providers must provide
price schedules for 911 telecommunications services to the PSC, and the PSC must
review the schedules to determine whether they are commercially reasonable.
The fees imposed by communications providers and retailers under the bill are
used to fund the contracts entered into by the PSC for a statewide 911
telecommunications system. The fees are also used to fund the reimbursements
described above. In addition, no more than 1 percent of the fees may be used for the
PSC's administration of the contracts and reimbursements. If fees are received in
excess of the amount needed for the foregoing purposes, the bill requires the PSC to
use the excess to make grants to PSAPs, which are described below, and to provide
administrative support to the state 911 council.
PSAP grants. The bill requires the PSC, under the direction of the state 911
council, to make grants to PSAPs for the improvement of 911 services. Only one
PSAP in a county is eligible for the grants, and a county must pass a resolution
specifying the eligible PSAP. The PSC must promulgate rules specifying the
purposes of the grants, which may include advanced training of telecommunicators,
equipment or software expenses, and incentives for consolidation of PSAPs, but may
not include general PSAP overhead or staffing costs or costs for providing emergency
services or emergency services equipment. The PSC must also promulgate rules

specifying criteria and procedures for the grants, including basic training and service
standards that PSAPs must satisfy for grant eligibility. The PSC rules must also
include measures ensuring the accountability of grant recipients.
State 911 council. This bill creates a 16-member state 911 council to advise
and, in specified circumstances, direct the PSC regarding the PSC's duties under the
bill. The council's duties include conducting a statewide 911 telecommunications
system assessment, developing recommendations for service standards for PSAPs,
establishing criteria for eligibility for PSAP grants under the PSC rules described
above, promoting interoperability and consolidation of PSAPs, and seeking
additional funding sources for 911 telecommunications purposes. The bill requires
the council to perform its duties in a manner that is technologically and competitively
neutral. The council must also submit a biennial report to the joint committee on
finance on the grants awarded to PSAPs.
The governor appoints members to the council for 3-year terms. In making
appointments, the governor must consider geographical diversity and
representation of urban and rural interests. The council consists of the following:
1) one member recommended by an association of Wisconsin cities, villages, or towns;
2) one member recommended by an association of Wisconsin counties; 3) one member
recommended by an association that promotes a universal emergency telephone
number system; 4) one member recommended by an association of Wisconsin county
sheriffs; 5) one member representing a wireless provider serving a national market;
6) one member representing a wireless provider serving a primarily regional market;
7) one member recommended by an association of public safety communications
professionals; 8) two members recommended by an association of
telecommunications providers, each of whom represents an incumbent local
exchange carrier; 9) one member who represents a competitive local exchange
carrier; 10) one member who represents a VOIP provider; 11) a police chief
recommended by an association of Wisconsin police chiefs; 12) a fire chief
recommended by an association of Wisconsin fire chiefs; 13) one member
recommended by a Wisconsin association that promotes emergency management;
14) one member who represents a cable television or other video service provider; and
15) one member recommended by a Wisconsin association of emergency medical
service providers.
Other provisions. The bill allows communications providers to designate
information provided to the PSC as "proprietary information," which is defined as
information that would aid competitors. If the PSC determines that information so
designated is proprietary, then the information is not subject to inspection or copying
under the state's open records law, except with the written consent of the
communications provider. The bill also provides that any connection information of
a subscriber obtained from a communications provider by a PSAP is not subject to
inspection or copying under the state's open records law. In addition, the bill specifies
that subscriber records disclosed by a communications provider to a PSAP for public
safety purposes remain the property of the communications provider. The bill also
allows a PSAP to access a subscriber record only when a call is placed to "911" from
the subscriber's telephone.

The bill requires communications providers, PSAPs, and entities with whom
the PSC contracts for a statewide 911 telecommunications system to take action to
update master street address guides and automatic location identification databases
within specified time periods.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB779,1 1Section 1. 15.01 (4) of the statutes is amended to read:
AB779,5,102 15.01 (4) "Council" means a part-time body appointed to function on a
3continuing basis for the study, and recommendation of solutions and policy
4alternatives, of the problems arising in a specified functional area of state
5government, except the Milwaukee River revitalization council has the powers and
6duties specified in s. 23.18, the council on physical disabilities has the powers and
7duties specified in s. 46.29 (1) and (2), the state council on alcohol and other drug
8abuse has the powers and duties specified in s. 14.24, and the electronic recording
9council has the powers and duties specified in s. 706.25 (4), and the state 911 council
10has the powers and duties specified in s. 256.35 (3) (cm) 1. and (3h) (b)
.
AB779,2 11Section 2. 15.797 (title) of the statutes is amended to read:
AB779,5,12 1215.797 (title) Same; council councils.
AB779,3 13Section 3. 15.797 (2) of the statutes is created to read:
AB779,5,1814 15.797 (2) State 911 council. There is created a state 911 council, attached to
15the public service commission under s. 15.03. When making appointments to the
16council, the governor shall consider the geographical diversity of, and the
17representation of urban and rural interests by, the membership of the council. The
18council consists of the following members serving for staggered 3-year terms:
AB779,6,2
1(a) An individual recommended by an association of Wisconsin cities, villages,
2or towns.
AB779,6,33 (b) An individual recommended by an association of Wisconsin counties.
AB779,6,64 (c) An individual recommended by a Wisconsin association, or a Wisconsin
5chapter of an association, that promotes a universal emergency telephone number
6system.
AB779,6,77 (d) An individual recommended by an association of Wisconsin county sheriffs.
AB779,6,108 (e) Two individuals, each of whom represents a different commercial mobile
9radio service provider, as defined in s. 196.01 (2g), operating in Wisconsin, one
10serving a primarily regional market and one serving a national market.
AB779,6,1211 (f) An individual recommended by a Wisconsin association, or a Wisconsin
12chapter of an association, of public safety communications professionals.
AB779,6,1513 (g) Two individuals recommended by an association of Wisconsin
14telecommunications providers, as defined in s. 196.01 (8p), each of whom represents
15an incumbent local exchange carrier.
AB779,6,1616 (h) An individual who represents a competitive local exchange carrier.
AB779,6,1717 (i) An individual who represents a voice over Internet protocol provider.
AB779,6,1818 (j) A police chief recommended by an association of Wisconsin police chiefs.
AB779,6,1919 (k) A fire chief recommended by an association of Wisconsin fire chiefs.
AB779,6,2120 (L) An individual recommended by a Wisconsin association that promotes
21emergency management.
AB779,6,2322 (m) An individual who represents a video service provider, as defined in s.
23196.01 (12r).
AB779,6,2524 (n) An individual recommended by a Wisconsin association of emergency
25medical service providers.
AB779,4
1Section 4. 16.9645 (2) (g) of the statutes is created to read:
AB779,7,22 16.9645 (2) (g) Coordinate with the state 911 council.
AB779,5 3Section 5. 20.155 (3) (h) of the statutes is created to read:
AB779,7,124 20.155 (3) (h) Statewide 911 telecommunications. All moneys received under
5s. 256.35 (3) (dm) for contracts required under s. 256.35 (3f) (b), reimbursements
6required under s. 256.35 (3f) (c) and 2013 Wisconsin .... (this act), section 46 (2) (c )
7and (d), and administration of the contracts and reimbursements, except that no
8more than 1 percent of the moneys appropriated under this paragraph for the
9contracts and reimbursements may be used for administration of the contracts and
10reimbursements. Notwithstanding s. 20.001 (3) (a), the unencumbered balance of
11this appropriation on June 30 of each year shall be transferred to the appropriation
12under par. (k).
AB779,6 13Section 6. 20.155 (3) (k) of the statutes is created to read:
AB779,7,1914 20.155 (3) (k) State 911 grant program. All moneys transferred from the
15appropriation account under par. (h), to provide grants under s. 256.35 (3j), to
16administer that grant program, and to provide administrative support to the state
17911 council, except that not more than 1 percent of the moneys received under this
18paragraph may be used to administer the program and to provide administrative
19support.
AB779,7 20Section 7. 20.155 (3) (t) of the statutes is repealed.
AB779,8 21Section 8. 20.835 (1) (db) of the statutes is amended to read:
AB779,7,2422 20.835 (1) (db) County and municipal aid account. A sum sufficient to make
23payments to counties, towns, villages, and cities under s. 79.035, less the amount
24paid from the appropriation under par. (r)
.
AB779,9 25Section 9. 20.835 (1) (r) of the statutes is repealed.
AB779,10
1Section 10. 25.17 (1) (ku) of the statutes is repealed.
AB779,11 2Section 11. 25.50 (3) (b) of the statutes is amended to read:
AB779,8,93 25.50 (3) (b) On the dates specified and to the extent to which they are
4available, subject to s. 16.53 (10), funds payable to local governments under ss.
579.035, 79.04, 79.05, 79.08, and 79.10 shall be considered local funds and, pursuant
6to the instructions of local officials, may be paid into the separate accounts of all local
7governments established in the local government pooled-investment fund and,
8pursuant to the instructions of local officials, to the extent to which they are
9available, be disbursed or invested.
AB779,12 10Section 12. 25.99 of the statutes is repealed.
AB779,13 11Section 13. 77.54 (55) of the statutes is repealed.
AB779,14 12Section 14. 79.035 (1) of the statutes is amended to read:
AB779,8,1513 79.035 (1) Each county and municipality shall receive a payment from the
14county and municipal aid account and from the appropriation account under s.
1520.835 (1) (r)
in an amount determined under this section.
AB779,15 16Section 15. 196.025 (6) (b) of the statutes is amended to read:
AB779,9,917 196.025 (6) (b) 1. Except as provided in subd. 2., a communications provider
18shall impose a monthly fee of $0.75 on each communications service connection with
19an assigned telephone number, including a communication service provided via a
20voice over Internet protocol connection. If a communications provider provides
21multiple communications service connections to a subscriber, the communications
22provider shall impose a separate fee under this subdivision on each of the first 10
23connections and one additional fee for each 10 additional connections per billed
24account. A communications provider may list the fee separately from other charges
25on a subscriber's bill, and if a communications provider does so, the communications

1provider shall identify the fee as "police and fire protection fee," or, if the
2communications provider combines the fee with a charge imposed under s. 256.35 (3),
3the communications provider shall identify the combined fee and charge as "charge
4for funding countywide 911 systems plus police and fire protection fee." A
5communications provider may also indicate on a subscriber's bill that the police and
6fire protection fee will not be collected after June 30, 2014, or the date of publication
7of 2013 Wisconsin Act .... (this act), whichever is later .... [LRB inserts later date].

8Any partial payment of a fee by a subscriber shall first be applied to any amount the
9subscriber owes the communications provider for communications service.
AB779,9,1910 2. A communications provider that offers a prepaid wireless
11telecommunications plan, or a retailer that offers such a plan on behalf of a
12communications provider, shall impose a fee equal to $0.38 on each retail transaction
13for such a plan that occurs in this state. A communications provider or retailer may
14state the amount of the fee separately on a bill for the retail transaction, and if a
15communications provider or retailer does so, the communications provider or retailer
16shall identify the fee as "police and fire protection fee." A communications provider
17or retailer may also indicate on the bill that the police and fire protection fee will not
18be collected after June 30, 2014, or the date of publication of 2013 Wisconsin Act ....
19(this act), whichever is later .... [LRB inserts later date].
AB779,16 20Section 16. 196.025 (6) of the statutes, as affected by 2013 Wisconsin Act ....
21(this act), is repealed.
AB779,17 22Section 17. 196.202 (2) of the statutes is amended to read:
AB779,9,2523 196.202 (2) Scope of regulation. A commercial mobile radio service provider
24is not subject to this chapter, except as provided in sub. (5), and except that a
25commercial mobile radio service provider is subject to ss. 196.025 (6), 196.218 (3), and

1196.859, and shall respond, subject to the protection of the commercial mobile radio
2service provider's competitive information, to all reasonable requests for information
3about its operations in this state from the commission necessary to administer ss.
4196.025 (6), 196.218 (3), and 196.859.
AB779,18 5Section 18. 196.203 (1g) (a) of the statutes is amended to read:
AB779,10,76 196.203 (1g) (a) An alternative telecommunications utility is subject to ss.
7196.01, 196.016, 196.025 (6), 196.191, 196.206, and 196.212.
AB779,19 8Section 19. 196.206 (1) of the statutes is amended to read:
AB779,10,139 196.206 (1) Exemptions. An interconnected voice over Internet protocol service
10is not subject to this chapter, except as provided in this section, and except that an
11interconnected voice over Internet protocol service is subject to ss. 196.01, 196.016,
12196.025 (6), 196.199, 196.218 (3), 196.858, and 196.859, and except as required for
13the commission to administer and enforce this section.
AB779,20 14Section 20. 196.499 (1) (intro.) of the statutes is amended to read:
AB779,10,1715 196.499 (1) Scope. (intro.) Notwithstanding any other provisions of this
16chapter, a telecommunications carrier is not subject to regulation under this chapter,
17except for s. 196.025 (6), and except under each of the following provisions:
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