Amendment SSA1-SB285

SB285-SSA1, s. 9 Section 9. 196.203 (3) (e) 1. (intro.) of the statutes, as affected by 2007 Wisconsin Act 42, is amended to read:

SB285-SSA1,5,10 196.203 (3) (e) 1. (intro.) If a provider of cable service files a petition under par. (a) for alternative telecommunications status to offer local exchange service, as defined in s. 196.50 (1) (b) 1. 196.219 (1) (b), in a geographical area served by a telecommunications utility with less than 50,000 access lines in use in this state on September 1, 1994, or at any time thereafter, the commission may not deny the petition as not being in the public interest and shall do any of the following:

SB285-SSA1, s. 10 Section 10. 196.203 (5) of the statutes is amended to read:

SB285-SSA1,5,14 196.203 (5) The commission may establish a reasonable fee schedule and may assess an alternative telecommunications utility to cover the cost of making a certification or other determination under this section.

SB285-SSA1, s. 11 Section 11. 196.204 (8) of the statutes is created to read:

SB285-SSA1,5,16 196.204 (8) (a) In this subsection:

SB285-SSA1,5,21 1. "Bundle" means a multiservice retail offering by a telecommunications utility that combines one or more telecommunications services provided by the telecommunications utility with one or more services provided by an affiliated interest, as defined in s. 196.52 (1) (a), of the telecommunications utility or by an unaffiliated 3rd party.

SB285-SSA1,5,25 2. "Package" means a multiservice retail offering by a telecommunications utility that combines a telecommunications service provided by the telecommunications utility with one or more other telecommunications or other services provided by the telecommunications utility.

SB285-SSA1,6,2 (b) This section does not apply to a telecommunications utility that offers services in a bundle or package.

SB285-SSA1, s. 12 Section 12. 196.213 (3) of the statutes is created to read:

SB285-SSA1,6,5 196.213 (3) This section does not apply to a rate increase for a bundle, as defined in s. 196.204 (8) (a) 1., or package, as defined in s. 196.204 (8) (a) 2.

SB285-SSA1, s. 13 Section 13. 196.219 (1) (b) of the statutes is amended to read:

SB285-SSA1,6,9 196.219 (1) (b) "Local exchange service" has the meaning given in s. 196.50 (1) (b) 1. includes access service, basic local exchange service, and business access line and usage service within a local calling area.

SB285-SSA1, s. 14 Section 14. 196.219 (2) (a) of the statutes is amended to read:

SB285-SSA1,6,16 196.219 (2) (a) Notwithstanding any exemptions identified in this chapter except sub. (3) (g) and s. 196.202, a telecommunications utility or provider shall provide protection to its consumers under this section unless exempted in whole or in part by rule or order of the commission under this section. The commission shall promulgate rules that identify the conditions under which provisions of this section may be suspended.

SB285-SSA1, s. 15 Section 15. 196.219 (3) (g) of the statutes is amended to read:

SB285-SSA1,6,21 196.219 (3) (g) Provide services, products or facilities in violation of s. 196.204. This paragraph does not apply to a telecommunications utility that offers services in a bundle, as defined in s. 196.204 (8) (a) 1., or package, as defined in s. 196.204 (8) (a) 2.

SB285-SSA1, s. 16 Section 16. 196.50 (1) (b) 1. of the statutes is repealed.

SB285-SSA1, s. 17 Section 17. 196.50 (1) (b) 2. of the statutes, as affected by 2007 Wisconsin Act 42, is repealed.

SB285-SSA1, s. 18 Section 18. 196.50 (1) (b) 3. of the statutes is renumbered 196.50 (1) (bm).

SB285-SSA1, s. 19 Section 19. 196.52 (5) (b) of the statutes is renumbered 196.52 (5) (b) 2. and amended to read:

SB285-SSA1,7,6 196.52 (5) (b) 2. For a telecommunications utilities utility that does not offer a bundle or package, the commission shall have supervisory jurisdiction over the terms and conditions of contracts and arrangements under this section as necessary to enforce ss. 196.204 and 196.219.

SB285-SSA1, s. 20 Section 20. 196.52 (5) (b) 1. of the statutes is created to read:

SB285-SSA1,7,8 196.52 (5) (b) 1. In this paragraph:

SB285-SSA1,7,9 a. "Bundle" has the meaning given in s. 196.204 (8) (a) 1.

SB285-SSA1,7,10 b. "Package" has the meaning given in s. 196.204 (8) (a) 2.

SB285-SSA1, s. 21 Section 21. 196.52 (5) (b) 3. and 4. of the statutes are created to read:

SB285-SSA1,7,17 196.52 (5) (b) 3. Except for subd. 4., this section does not apply to a telecommunications utility that offers a bundle or package, and except that such a telecommunications utility shall provide a copy of any contract or arrangement with an affiliated interest that is necessary for an investigation of a violation of s. 196.219, other than s. 196.219 (3) (g), and has been requested by the commission or a party to a complaint proceeding.

SB285-SSA1,7,24 4. Any contract or arrangement between a telecommunications utility and an affiliated interest shall specify the services furnished, and the properties, rights, or things purchased, sold, leased, or exchanged, under the contract or arrangement, and shall specify the rates, terms, and conditions for such furnishing, purchase, sale, lease, or exchange. A telecommunications utility shall retain a copy of any contract or arrangement with an affiliated interest for 3 years after the termination date of the contract or arrangement.

SB285-SSA1, s. 22 Section 22. Nonstatutory provisions.

SB285-SSA1,8,4 (1) Notwithstanding the treatment of sections 196.203 (2) (b) and 196.50 (1) (b) 1., 2., and 3. by this act, the parties to the proceeding before the Public Service Commission in docket 3355-NC-104 shall comply with the settlement agreement accepted by the commission in that proceeding.

SB285-SSA1, s. 23 Section 23. Initial applicability.

SB285-SSA1,8,7 (1) The treatment of section 196.194 (1) of the statutes first applies to tariffs filed on the effective date of this subsection.

SB285-SSA1,8,9 (2) The treatment of section 196.203 (2) (c) and (3) (a) of the statutes first applies to petitions filed on the effective date of this subsection.

SB285-SSA1, s. 24 Section 24. Effective date.

SB285-SSA1,8,12 (1) This act takes effect on the first day of the 4th month beginning after publication.

SB285-SSA1,8,13 (End)