Amendment AA1-AB258

LRBa0499/1

MDK:kmg:pg

2003 - 2004 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO 2003 ASSEMBLY BILL 258

May 16, 2003 - Offered by Representative Black.

AB258-AA1,1,1 At the locations indicated, amend the bill as follows:

AB258-AA1,1,3 1. Page 1, line 2: before the period insert ", local service by other telecommunications utilities and providers, and providing a penalty".

AB258-AA1,1,4 2. Page 3, line 13: after that line insert:

AB258-AA1,1,5 " Section 2m. 196.197 of the statutes is created to read:

AB258-AA1,2,2 196.197 Inadequate local telecommunications service. (1) Penalties. Upon complaint, the commission may directly assess a forfeiture of not more than 25% of a telecommunications utility's gross operating revenues for the most recent calendar year that are derived from intrastate operations if the commission determines that the telecommunications utility has provided inadequate local telecommunications service. In determining whether local telecommunications service is inadequate, the commission shall use factors that are comparable to factors used by the commission to create the penalty mechanism under s. 196.196 (1) (c) 1. for inadequate service.

AB258-AA1,2,4 (2) Applicability. This section does not apply to a telecommunications utility that is subject to price regulation under s. 196.196.

AB258-AA1, s. 3m Section 3m. 196.202 (2) of the statutes is amended to read:

AB258-AA1,2,16 196.202 (2) Scope of regulation. A Except as otherwise provided in this section, a commercial mobile radio service provider is not subject to ch. 201 or this chapter, except as provided in sub. (5), and except that a commercial mobile radio service provider is subject to s. 196.218 (3) if the commission promulgates rules that designate commercial mobile radio service providers as eligible to receive universal service funding under both the federal and state universal service fund programs. If the commission promulgates such rules, a commercial mobile radio service provider shall respond, subject to the protection of the commercial mobile radio service provider's competitive information, to all reasonable requests for information about its operations in this state from the commission necessary to administer the universal service fund.

AB258-AA1, s. 4m Section 4m. 196.202 (3) of the statutes is created to read:

AB258-AA1,2,23 196.202 (3) A commercial mobile radio service provider shall be treated under s. 196.197 as a telecommunications utility. For purposes of enforcing s. 196.197, a commercial mobile radio service provider shall be subject to ss. 196.02 (3), 196.32, 196.33, 196.39, 196.395, 196.40, 196.41, 196.43, 196.44 (3), and 196.48 and treated as a public utility under ss. 196.02 (5) and (6), 196.14, 196.24, 196.44 (2), 196.66, and 196.85 (1), and as a telecommunications provider under ss. 196.25 (3) and 196.65 (3).

AB258-AA1, s. 5m Section 5m. 196.203 (6) of the statutes is created to read:

AB258-AA1,3,6 196.203 (6) An alternative telecommunications utility shall be treated under s. 196.197 as a telecommunications utility. For purposes of enforcing s. 196.197, an alternative telecommunications utility shall be subject to ss. 196.02 (3), 196.32, 196.33, 196.39, 196.395, 196.40, 196.41, 196.43, 196.44 (3), and 196.48 and treated as a public utility under ss. 196.02 (5) and (6), 196.14, 196.24, 196.44 (2), 196.66, and 196.85 (1), and as a telecommunications provider under ss. 196.25 (3) and 196.65 (3).

AB258-AA1, s. 6m Section 6m. 196.499 (1) (c) of the statutes is amended to read:

AB258-AA1,3,9 196.499 (1) (c) A telecommunications carrier shall be treated under s. ss. 196.197 and 196.85 as a telecommunications utility.

AB258-AA1, s. 7m Section 7m. 196.499 (1) (f) of the statutes is amended to read:

AB258-AA1,3,18 196.499 (1) (f) For purposes of enforcing s. 196.197, 196.209, 196.218 (3) or (8), 196.219, 196.85, or 196.858, or for purposes of approving or enforcing an interconnection agreement to which a telecommunications carrier is a party, a telecommunications carrier shall be subject to ss. 196.02 (3), 196.32, 196.33, 196.39, 196.395, 196.40, 196.41, 196.43, 196.44 (3), and 196.48 and be treated as a party to the agreement under ss. 196.199 and 196.26, as a public utility under ss. 196.02 (5) and (6), 196.14, 196.24, 196.44 (2), 196.66, and 196.85 (1), and as a telecommunications provider under ss. 196.25 (3) and 196.65 (3).".

AB258-AA1,3,19 (End)