AB889: Bill Text

5. The bill requires the board to submit an annual report to the legislature regarding the grant program.

6. The bill's requirements regarding the surcharge and grant program do not apply after the first day of the 60th month beginning after the bill's effective date.

Finally, the bill allows a price-regulated telecommunications utility, subject to approval of the Public Service Commission (PSC), to adjust its rates for the purpose of recovering the utility's expenses incurred exclusively in supporting the provision of 911 emergency services for wireless telephone users under the FCC's orders.

Local government construction and ownership of telecommunications facilities

The bill prohibits local units of government from owning or constructing telecommunications facilities that are used to provide service to the public, unless the local unit of government leases, on a nondiscriminatory basis, the facility to a telecommunications provider that is not a local unit of government. In addition, the electorate of the local unit of government must approve the lease in a referendum and the local unit of government must submit a financing plan and budget to the PSC. Also, under certain circumstances, the bill allows the PSC to promulgate additional requirements that must be satisfied. For a local unit of government that owns or has obtained financing for a telecommunications facility on the effective date of the bill, the prohibition does not apply until five years after the effective date. In addition, the bill's prohibition does not apply to certain telecommunications facilities that are leased to other state and local governmental entities for the purpose of sharing facilities or intergovernmental cooperation.

Restrictions on telecommunications providers in initiating service and restrictions on contracts

This bill provides that a telecommunications provider may not provide a telecommunications service that is not always provided during each billing period to a person unless the telecommunications provider reasonably believes that the person knowingly consented to receive the service. The telecommunications provider must also confirm, before providing the telecommunications service, that the person knowingly consented to receive the service. The bill also requires that the telecommunications provider inform the person that he or she may, before the service is activated, withdraw consent to receive the service and requires that the telecommunications provider inform the person of the manner by which that consent may be withdrawn.

This bill also prohibits a telecommunications provider from placing in a contract to provide telecommunications services a clause that provides that the laws of any state other than this state apply to the parties or terms of the contract or to any right or remedy under the contract.

Restrictions on telecommunications providers in billing other services

This bill provides that a telecommunications provider may not bill a customer for goods or services that are not telecommunications services provided by that telecommunications provider unless the telecommunications provider reasonably believes that the customer knowingly consents to receive the bill and the provider confirms that consent with the customer. If a customer consents, the bill requires that the telecommunications provider distinguish on the bill between the billing for telecommunication services and the billing for the other goods or services. Finally, if requested to do so by a customer who has consented to being billed for the other goods or services, the telecommunications provider shall provide a detailed itemized listing of the charges for those goods or services.

Wireless number portability

Under current federal law, with certain exceptions, telecommunications providers are required to provide number portability in the 100 largest metropolitan statistical areas (MSAs) of the country. "Number portability" is defined as the ability of a customer to retain existing telephone numbers at the same location when switching telecommunications providers. Milwaukee is the only area in Wisconsin that is in the 100 largest MSAs. Current federal law also requires, with certain exceptions, a telecommunications provider to provide number portability in an area outside the 100 largest MSAs within six months after another telecommunications provider requests number portability.

One of the exceptions to the above requirements applies to wireless telecommunications providers, which are referred to under federal and state law as commercial mobile radio service providers. Under current federal law, wireless telecommunications providers must begin providing number portability in the 100 largest MSAs by November 24, 2002. After that date, a wireless telecommunications provider must provide number portability in an area outside the 100 largest MSAs within the same six-month deadline described above.

Under this bill, a wireless telecommunications provider must begin providing number portability in all areas of the state on November 24, 2002. The duty applies only if a customer of a wireless telecommunications provider switches to another telecommunications provider in the same area code. In addition, number portability must be provided in a manner that does not impair the quality or reliability of telecommunications services.

Other changes

The bill makes other changes to the regulation of telecommunications providers, including all of the following:

1. The bill provides that, to the extent authorized under federal law, the PSC has jurisdiction to supervise and regulate telephone numbers and area codes used by any telecommunications provider.

2. The bill allows the PSC to require telecommunications providers and providers of cable television service to provide information that the PSC determines is necessary for the PSC to prepare a biennial report regarding the status of investments in advanced telecommunications infrastructure that the PSC must submit to the joint committee on information policy and technology under current law.

3. The bill allows the PSC to approve basic local exchange rates of a telecommunications utility subject to incentive regulation that match a competitor's rates, even if the result is that the utility's rates do not exceed its total service long-run incremental costs. Under current law, a telecommunications utility's rates must exceed such costs, unless other exceptions apply.

4. The bill request the joint legislative council to study the appropriate level of regulation of retail and wholesale telecommunications services, the quality of such services, and related enforcement issues, with a focus on making the transition toward deregulated markets for such services. If the council undertakes such a study, the bill requires the council to submit a report to the 2003 legislature when it convenes.

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:

AB889, s. 1 Section 1. 15.795 (title) of the statutes is amended to read:

AB889,6,1 15.795 (title) Same; attached board and office.

AB889, s. 2 Section 2. 15.795 (2) of the statutes is created to read:

AB889,6,5 15.795 (2) Wireless 911 board. (a) There is created a wireless 911 board attached to the public service commission under s. 15.03 consisting of the following members:

AB889,6,7 1. One representative to the assembly, appointed by the speaker of the assembly.

AB889,6,9 2. One representative to the assembly, appointed by the assembly minority leader.

AB889,6,10 3. One senator, appointed by the president of the senate.

AB889,6,11 4. One senator, appointed by the senate minority leader.

AB889,6,13 5. Four persons who represent the interests of commercial mobile radio service providers, as defined in s. 196.01 (2g), appointed by the governor.

AB889,6,17 6. Four persons who represent the interests of public agencies, as defined in s. 146.70 (1) (f), or public safety agencies, as defined in s. 146.70 (1) (g), that operate public safety answering points, as defined in s. 146.70 (1) ( gm), appointed by the governor.

AB889,6,19 (b) The members appointed under par. (a) 5. and 6. shall serve 3-year terms and may not serve more than 2 consecutive terms.

AB889, s. 3 Section 3. 20.155 (3) (title) of the statutes is created to read:

AB889,6,21 20.155 (3) (title) Wireless 911 board.

AB889, s. 4 Section 4. 20.155 (3) (g) of the statutes is created to read:

AB889,6,25 20.155 (3) (g) General program operations. Two and one-half percent of all moneys received under s. 146.70 (3m) (d) 3. for general program operations of the wireless 911 board, including contracting for audits under s. 146.70 (3m) (b) 5.

AB889, s. 5 Section 5. 20.155 (3) (h) of the statutes is created to read:

AB889,7,5 20.155 (3) (h) Wireless provider grants. Forty-eight and three-fourths percent of all moneys received under s. 146.70 (3m) (d) 3. for the wireless 911 board to make grants to wireless providers under s. 146.70 (3m) (b) 2. and to make transfers to the appropriation under par. (k) as provided under s. 146.70 (3m) (b) 3.

AB889, s. 6 Section 6. 20.155 (3) (i) of the statutes is created to read:

AB889,7,10 20.155 (3) (i) Public agency and wireless provider grants. Forty-eight and three-fourths percent of all moneys received under s. 146.70 (3m) (d) 3. for the wireless 911 board to make grants to public agencies under s. 146.70 (3m) (b) 1. and to wireless providers under s. 146.70 (3m) (b) 3.

AB889, s. 7 Section 7. 20.155 (3) (k) of the statutes is created to read:

AB889,7,14 20.155 (3) (k) Public agency grants. All moneys transferred from the appropriation account under par. (h) for the wireless 911 board to make grants to public agencies under s. 146.70 (3m) (b) 1.

AB889, s. 8 Section 8. 93.01 (1r) of the statutes is created to read:

AB889,7,18 93.01 (1r) "Civil investigative demand" means a written document prepared by the department that is related to the enforcement of chs. 93 to 100 and that orders a person to do any of the following:

AB889,7,20 (a) Provide originals or copies of documents, records, or reports in the person's custody.

AB889,7,22 (b) Answer specific questions submitted by the department in the form of written depositions, interrogatories, or requests for admissions.

AB889,7,24 (c) Allow employees of the department to review and copy documents, records, or reports in the person's custody.

AB889, s. 9 Section 9. 93.14 (1m) of the statutes is created to read:

AB889,8,3 93.14 (1m) (a) Any person who has been served with a department complaint, notice, order, or other process as authorized in s. 93.18 (5) shall be subject to the department's authority and jurisdiction, as limited by par. (b).

AB889,8,5 (b) The department's jurisdiction may not exceed the jurisdiction granted to courts under s. 815.05.

AB889, s. 10 Section 10. 93.14 (3) of the statutes is amended to read:

AB889,8,9 93.14 (3) Any person who shall unlawfully fail to attend as a witness, fail to comply with a subpoena, order, or civil investigative demand, or refuse to testify may be coerced as provided in s. 885.12.

AB889, s. 11 Section 11. 93.15 (1) of the statutes is amended to read:

AB889,8,15 93.15 (1) The department may, by general or special order, require persons engaged in business to file with the department, at such time and in such manner as the department may direct, sworn or unsworn reports or sworn or unsworn answers in writing to specific questions, as to any matter which the department may investigate.

AB889, s. 12 Section 12. 93.15 (2) of the statutes is amended to read:

AB889,8,21 93.15 (2) The department or any of its authorized agents may have access to and may copy any document, or any part thereof, which of a document, that is in the possession or under the control of any person engaged in business, if such the document, or such part thereof of the document, is relevant to any matter which that the department may investigate.

AB889, s. 13 Section 13. 100.207 (1) of the statutes is renumbered 100.207 (1) (intro.) and amended to read:

AB889,8,25 100.207 (1) Definition Definitions. (intro.) In this section, "telecommunications:

AB889,9,1 (b) "Telecommunications service" has the meaning given in s. 196.01 (9m).

AB889, s. 14 Section 14. 100.207 (1) (a) of the statutes is created to read:

AB889,9,4 100.207 (1) (a) "Telecommunications provider" has the meaning given in s. 196.01 (8p).

AB889, s. 15 Section 15. 100.207 (1) (c) of the statutes is created to read:

AB889,9,8 100.207 (1) (c) "Telecommunications subscription" means a contract between a telecommunications provider and a customer for a telecommunications service that is always provided to the customer during each billing period.

AB889, s. 16 Section 16. 100.207 (3g) of the statutes is created to read:

AB889,9,13 100.207 (3g) Billing for other services. (a) A telecommunications provider may not bill a customer for any goods or services, other than telecommunications service provided by the telecommunications provider, unless all of the following apply:

AB889,9,15 1. The telecommunications provider reasonably believes that the customer knowingly consented to the billing.

AB889,9,18 2. The telecommunications provider confirms with the customer, before providing the telecommunications service, that the customer knowingly consented to the billing.

AB889,9,20 (b) If a customer consents to being billed under par. (a), all of the following shall apply:

AB889,9,23 1. The telecommunications provider shall distinguish the billing for the other goods or services from the billing for the telecommunications service in a conspicuous manner approved by the department.

AB889,9,25 2. The telecommunications provider shall provide a detailed itemized listing of the charges for the goods or services if requested to do so by the customer.

AB889, s. 17 Section 17. 100.207 (3m) of the statutes is created to read:

AB889,10,4 100.207 (3m) Telecommunications service confirmation. (a) A telecommunications provider may not provide a telecommunications service to a customer unless all of the following apply:

AB889,10,6 1. The telecommunications provider reasonably believes that the customer knowingly consented to receive the service.

AB889,10,9 2. The telecommunications provider confirms with the customer, before providing the telecommunications service, that the customer knowingly consented to receive the service.

AB889,10,13 3. At the time that the telecommunications provider provides confirmation under subd. 2., the telecommunications provider informs the customer that he or she may, before the service is activated, withdraw his or her consent to receive the service and informs the customer of the manner by which that consent may be withdrawn.

AB889,10,15 (b) Paragraph (a) does not apply to a telecommunications service that is provided as part of a telecommunications subscription.

AB889, s. 18 Section 18. 100.207 (5g) of the statutes is created to read:

AB889,10,20 100.207 (5g) Restrictions on contracts. No telecommunications provider may place in a contract entered into with a customer located in this state a clause that provides that a law of a state other than this state applies to the parties or terms of the contract or the rights and remedies under the contract.

AB889, s. 19 Section 19. 100.207 (5m) of the statutes is created to read:

AB889,10,25 100.207 (5m) Record requirements. Any person who provides telecommunications service to any customer in this state shall maintain each billing and collection record that is made in providing the telecommunications service for a period of 5 years beginning on the date that the record is made.

AB889, s. 20 Section 20. 100.207 (6) (br) of the statutes is created to read:

AB889,11,5 100.207 (6) (br) Any person who fails to comply with a subpoena, order, or civil investigative demand that is served upon the person for the purposes of administering or enforcing this section or for the purpose of conducting an investigation under this section may be coerced to comply as provided in s. 885.12.

AB889, s. 21 Section 21. 146.70 (3m) of the statutes is created to read:

AB889,11,7 146.70 (3m) Wireless providers. (a) Definitions. In this subsection:

AB889,11,8 1. "Board" means the wireless 911 board.

AB889,11,11 2. "Federal wireless orders" means the orders of the federal communications commission regarding 911 emergency services for wireless telephone users in FCC docket no. 94-102.

AB889,11,13 3. "Wireless provider" means a commercial mobile radio service provider, as defined in s. 196.01 (2g), that is subject to the federal wireless orders.