Analysis by the Legislative Reference Bureau
Current state law prohibits persons who provide telecommunications services
from engaging in certain sales practices such as charging a customer for
telecommunications services provided after the customer has cancelled those
services. The law also prohibits a person who provides telecommunications services
from engaging in advertising practices concerning those services that are false,
misleading, or deceptive. In addition, the law requires that if a person orders
telecommunications services as the result of an oral solicitation, the provider of the
telecommunications services must provide independent confirmation of the order.
This bill provides that a person may request a telecommunications service
orally, in writing, or by electronic means but specifies that a telecommunications
provider may not provide services to a person who orders the service by any electronic
means that simultaneously activates the service.
The bill also imposes additional requirements on persons who provide
telecommunications services. The bill prohibits a person from enrolling a customer

in any telecommunications service in which the customer did not affirmatively
request to be enrolled. The bill specifies that a request to be enrolled in a particular
telecommunications service is an affirmative request to be enrolled only in that
particular service. The bill also prohibits the practice known as "slamming." A
person engages in slamming by making a change in a customer's selection of a
provider of telecommunications services even though the customer did not
affirmatively request that such a change be made.
In addition to the slamming prohibitions created under this bill, federal law
also prohibits slamming. This prohibition against slamming under federal law is
regulated by the federal communications commission (FCC). Under rules
promulgated by the FCC, any state may notify the FCC that it intends to administer
the FCC rules prohibiting slamming including the remedies and penalties specified
under those rules. This bill directs the department of agriculture, trade and
consumer protection (DATCP) to notify the FCC of its intention to administer the
FCC rules. It also requires DATCP to promulgate rules that are consistent with the
FCC regulations rules.
For further information see the state 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:
AB818, s. 1 1Section 1. 100.207 (3) (a) of the statutes is amended to read:
AB818,2,112 100.207 (3) (a) A person may not engage in negative option billing or negative
3enrollment of telecommunications services, including unbundled
4telecommunications services. A person may not bill a customer for , or enroll a
5customer in,
any telecommunications service that the customer did not affirmatively
6order unless that service is required to be provided by law, the federal
7communications commission, or the public service commission. A customer's failure
8to refuse a person's proposal to provide a telecommunications service is not an
9affirmative request for that telecommunications service. A customer's request to be
10enrolled in a particular telecommunications service is an affirmative request to be
11enrolled only in that particular telecommunications service.
AB818, s. 2 12Section 2. 100.207 (3) (d) of the statutes is created to read:
AB818,3,3
1100.207 (3) (d) A person may not make a change in a customer's selection of a
2telecommunications service provider unless the customer affirmatively requests
3that the person take such action.
AB818, s. 3 4Section 3. 100.207 (3m) of the statutes is created to read:
AB818,3,65 100.207 (3m) Requests for service. (a) A customer may affirmatively request
6a telecommunications service orally, in writing, or by electronic means.
AB818,3,97 (b) Notwithstanding par. (a), a person may not provide a telecommunications
8service to a customer who orders the service by an electronic means that
9simultaneously activates that service.
AB818, s. 4 10Section 4. 100.207 (5) of the statutes is amended to read:
AB818,3,1211 100.207 (5) Territorial application. Subsections (2) to (4) apply This
12subsection applies
to any practice directed to any person in this state.
AB818, s. 5 13Section 5. 100.207 (6) (b) 1. of the statutes is amended to read:
AB818,4,314 100.207 (6) (b) 1. The department of justice, after consulting with the
15department of agriculture, trade and consumer protection, or any district attorney
16upon informing the department of agriculture, trade and consumer protection, may
17commence an action in circuit court in the name of the state to restrain by temporary
18or permanent injunction any violation of this section. Injunctive relief may include
19an order directing telecommunications providers, as defined in s. 196.01 (8p), to
20discontinue telecommunications service provided to a person violating this section
21or ch. 196. Temporary injunctive relief may include an order requiring that a person
22who provides telecommunications services deposit in an escrow account any
23payments that the provider has received or is expected to receive from customers as
24a result of practices that may violate this section or ch. 196.
Before entry of final
25judgment, the court may make such orders or judgments as may be necessary to

1restore to any person any pecuniary loss suffered because of the acts or practices
2involved in the action if proof of these acts or practices is submitted to the satisfaction
3of the court.
AB818, s. 6 4Section 6. 100.207 (6) (c) of the statutes is amended to read:
AB818,4,105 100.207 (6) (c) Any person who violates subs. (2) to (4) this section shall be
6required to forfeit not less than $25 nor more than $5,000 $10,000 for each offense.
7Each day of violation constitutes a separate offense. Forfeitures under this
8paragraph shall be enforced by the department of justice, after consulting with the
9department of agriculture, trade and consumer protection, or, upon informing the
10department, by the district attorney of the county where the violation occurs.
AB818, s. 7 11Section 7. 100.207 (6) (em) 1. of the statutes is amended to read:
AB818,4,1712 100.207 (6) (em) 1. Before preparing any proposed rule under this section par.
13(e)
, the department shall form an advisory group to suggest recommendations
14regarding the content and scope of the proposed rule. The advisory group shall
15consist of one or more persons who may be affected by the proposed rule, a
16representative from the department of justice, and a representative from the public
17service commission.
AB818, s. 8 18Section 8. 100.207 (6) (g) of the statutes is created to read:
AB818,4,2219 100.207 (6) (g) Nothing in this subsection precludes the department from
20seeking a remedy or penalty in accordance with the rules promulgated under sub.
21(7). Practices in violation of sub. (3) may also constitute a violation of the rules
22promulgated under sub. (7).
AB818, s. 9 23Section 9. 100.207 (7) of the statutes is created to read:
AB818,5,624 100.207 (7) Administration of federal communications commission rules.
25The department shall administer and enforce the federal communications

1commission's unauthorized carrier change rules and remedies under 47 CFR 64.1110
2to 64.1190 and shall notify the federal communications commission, in accordance
3with 47 CFR 64.1110 (a), of its intention to administer and enforce those rules and
4remedies. In addition to the rules promulgated under sub. (6) (e), the department
5shall promulgate rules that are consistent with the commission's unauthorized
6carrier change rules and remedies under 47 CFR 64.1110 to 64.1190.
AB818, s. 10 7Section 10. Initial applicability.
AB818,5,98 (1) This act first applies to changes in telecommunications services made on the
9effective date of this subsection.
AB818, s. 11 10Section 11. Effective date.
AB818,5,1211 (1) This act takes effect on the first day of the 10th month beginning after
12publication.
AB818,5,1313 (End)
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