LRB-2044/3
MDK:jlg&kmg:mrc
1999 - 2000 LEGISLATURE
October 5, 1999 - Introduced by Representatives Wasserman, Musser, Berceau,
Black, Bock, Gronemus, Gunderson, Jeskewitz, Miller, Plouff, Reynolds,
Schneider, Sinicki, Turner, Waukau, Riley
and Colon, cosponsored by
Senators Jauch, Rosenzweig, Darling, Erpenbach, Plache, Roessler and
Robson. Referred to Committee on Information Policy.
AB509,1,4 1An Act to amend 196.219 (2) (b) and 196.219 (2) (c); and to create 196.219 (2)
2(cm) and 196.219 (3m) of the statutes; relating to: requiring certain
3disclosures in advertising per-minute rates for long distance service and
4providing a penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits a telecommunications provider from advertising a
per-minute rate for residential or business long distance service unless the
advertisement clearly and conspicuously discloses all conditions, restrictions and
charges associated with using the long distance service, including whether the rate
is an introductory rate, and discloses the per-minute cost of the long distance service
to an average residential or business customer of the telecommunications provider.
In addition, if the per-minute rate is an introductory rate, the advertisement must
clearly and conspicuously disclose the period during which the introductory rate is
in effect and the rate that will be charged at the expiration of the introductory rate.
The bill also requires a telecommunications provider that charges a rate for
long distance service that is not a per-minute rate to clearly and conspicuously
disclose on the bill for the service the per-minute cost of the service under the rate
that is charged.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB509, s. 1
1Section 1. 196.219 (2) (b) of the statutes is amended to read:
AB509,2,42 196.219 (2) (b) On petition, the commission may, except as provided in par.
3(cm),
grant an exemption from a requirement under this section upon a showing that
4the exemption is reasonable and not in conflict with the factors under s. 196.03 (6).
AB509, s. 2 5Section 2. 196.219 (2) (c) of the statutes is amended to read:
AB509,2,96 196.219 (2) (c) On petition, the commission may, except as provided in par. (cm),
7grant an exemption from a requirement under this section retroactively if the
8application of the requirement would be unjust and unreasonable considering the
9factors under s. 196.03 (6) or other relevant factors.
AB509, s. 3 10Section 3. 196.219 (2) (cm) of the statutes is created to read:
AB509,2,1211 196.219 (2) (cm) The commission may not grant an exemption from the
12requirements of sub. (3m).
AB509, s. 4 13Section 4. 196.219 (3m) of the statutes is created to read:
AB509,2,1614 196.219 (3m) Per-minute long distance advertising. (a) In this subsection,
15"long distance" means interstate or intrastate interlata long distance within the
16continental United States.
AB509,2,1917 (b) A telecommunications provider may not advertise a per-minute rate for
18long distance service unless the advertisement clearly and conspicuously discloses
19each of the following:
AB509,2,2120 1. All conditions, restrictions and charges associated with using the long
21distance service, including whether the per-minute rate is an introductory rate.
AB509,2,2422 1m. If the per-minute rate is an introductory rate, the period during which the
23introductory rate is in effect and the rate that will be charged at the expiration of the
24introductory period.
AB509,3,5
12. If the rate is for residential customers, the per-minute cost of the long
2distance service to an average residential customer of the telecommunications
3provider or, if the rate is for business customers, the per-minute cost of the long
4distance service to an average business customer of the telecommunications
5provider.
AB509,3,96 (bm) A telecommunications provider that charges a rate for long distance
7service that is not a per-minute rate shall clearly and conspicuously disclose on the
8bill for long distance service the per-minute cost of the long distance service under
9the rate that is charged.
AB509,3,1210 (bs) The per-minute cost that is required to be disclosed under pars. (b) 2. and
11(bm) shall be calculated on the basis of all conditions, restrictions and charges
12associated with using the long distance service.
AB509,3,1713 (c) Any person who violates this subsection may be required to forfeit not more
14than $10,000 for the first offense and may be required to forfeit not more than
15$50,000 for the 2nd or any later offense within a year. Each day of continued violation
16constitutes a separate offense. The one-year period shall be measured by using the
17dates of the offenses that resulted in convictions.
AB509,3,1918 (d) Paragraph (b) applies to any advertising directed to a resident or business
19of this state.
AB509, s. 5 20Section 5. Effective date.
AB509,3,2221 (1) This act takes effect on the first day of the 3rd month beginning after
22publication.
AB509,3,2323 (End)
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