1997 Wisconsin Act 218

196.219 (3) (e) Fail to provide a service, product or facility to a consumer other than a telecommunications provider in accord with the telecommunications utility's or provider's applicable tariffs, price lists or contracts and with the commission's rules and orders.

218,28 Section 28 . 196.219 (3) (em) of the statutes is amended to read:

196.219 (3) (em) Refuse to provide a service, product or facility to a telecommunications provider, in accord with the that telecommunications utility's or provider's applicable tariffs, price lists or contracts and with the commission's rules and orders, to another telecommunications provider.

218,29 Section 29 . 196.219 (3) (f) of the statutes is amended to read:

196.219 (3) (f) Refuse to provide basic local exchange service, business access line and usage service within a local calling area and access service on an unbundled basis to the same extent that the federal communications commission requires the telecommunications utility or provider to unbundle the same services provided under its jurisdiction. The public service commission may require additional unbundling of intrastate telecommunications services based on a determination, following notice and opportunity for hearing, that additional unbundling is required in the public interest and is consistent with the factors under s. 196.03 (6). The public service commission may order unbundling by a small telecommunications utility.

218,30 Section 30 . 196.219 (3) (h) of the statutes is amended to read:

196.219 (3) (h) To the extent prohibited by the federal communications commission, or by the public service commission under rules promulgated consistent with the factors under s. 196.03 (6), give preference or discriminate in the provision of services, products or facilities to an affiliate, or to the telecommunications utility's or provider's own or an affiliate's retail department that sells to consumers.

218,31 Section 31 . 196.219 (3) (m) of the statutes is amended to read:

196.219 (3) (m) Provide telecommunications service to any person acting as a telecommunications utility, telecommunications provider, alternative telecommunications utility or telecommunications carrier if the commission has ordered the telecommunications utility or provider to discontinue service to that person.

218,32 Section 32 . 196.219 (4) of the statutes is amended to read:

196.219 (4) Enforcement. (a) On the commission's own motion or upon complaint filed by the consumer, the commission shall have jurisdiction to take administrative action or to commence civil actions against telecommunications utilities or providers to enforce this section.

(b) The commission may, at its discretion, institute in any court of competent jurisdiction a proceeding against a telecommunications utility or provider for injunctive relief to compel compliance with this section, to compel the accounting and refund of any moneys collected in violation of this section or for any other relief permitted under this chapter.

218,33 Section 33 . 196.219 (4m) of the statutes is renumbered 196.219 (4m) (a) and amended to read:

196.219 (4m) (a) Upon a finding of a violation of this section by the commission, any person injured because of a violation of this section by a telecommunications utility or provider may commence a civil action to recover damages or to obtain injunctive relief.

218,34 Section 34 . 196.219 (4m) (b) of the statutes is created to read:

196.219 (4m) (b) Upon request of the commission, the attorney general may bring an action to require a telecommunications utility or provider to compensate any person for any pecuniary loss caused by the failure of the utility or provider to comply with this section.

218,35 Section 35 . 196.219 (5) of the statutes is amended to read:

196.219 (5) Alternate dispute resolution. The commission shall establish by rule a procedure for alternative dispute resolution to be available for complaints filed against a telecommunications utility or provider.

218,36 Section 36 . 196.26 (1) of the statutes is renumbered 196.26 (1) (intro.) and amended to read:

196.26 (1) Complaint. (intro.) In this section, “complaint";

(a) “Complaint" means a any of the following:

1. A complaint filed with the commission that any rate, toll, charge or schedule, joint rate, regulation, measurement, act or practice relating to the provision of heat, light, water, power or telecommunications service is unreasonable, inadequate, unjustly discriminatory or cannot be obtained.

218,37 Section 37 . 196.26 (1) (a) 2. and 3. of the statutes are created to read:

196.26 (1) (a) 2. A complaint specified in s. 196.199 (3) (a) 1m. b.

3. A complaint by a party to an interconnection agreement, approved by the commission, that another party to the agreement has failed to comply with the agreement and that does not allege that the failure to comply has a significant adverse effect on the ability of the complaining party to provide telecommunications service to its customers or potential customers.

218,39 Section 39 . 196.26 (1m) of the statutes is amended to read:

196.26 (1m) Complaint and investigation. If any mercantile, agricultural or manufacturing society, body politic, municipal organization or 25 persons file a complaint specified in sub. (1) (a) 1. against a public utility, or if the commission terminates a proceeding on a complaint under s. 196.199 (3) (a) 1m. b., or if a person files a complaint specified in sub. (1) (a) 3., the commission, with or without notice, may investigate the complaint under this section as it deems necessary. The commission may not issue an order based on the investigation without a public hearing.

218,40 Section 40 . 196.26 (2) (a) of the statutes is amended to read:

196.26 (2) (a) Prior to a hearing under this section, the commission shall notify the public utility or party to an interconnection agreement complained of that a complaint has been made, and 10 days after the notice has been given the commission may proceed to set a time and place for a hearing and an investigation. This paragraph does not apply to a complaint specified in sub. (1) (a) 2.

218,41 Section 41 . 196.26 (2) (b) of the statutes is amended to read:

196.26 (2) (b) The commission shall give the complainant and either the public utility or party to an interconnection agreement which is the subject of a complaint filed under and the complainant specified in sub. (1) (a) 1. or 3. or, for a complaint specified in sub. (1) (a) 2., a party to an interconnection agreement who is identified in a notice under s. 196.199 (3) (b) 1. b., 10 days' notice of the time and place of the hearing and the matter to be considered and determined at the hearing. The complainant and either the public utility or the party to the interconnection agreement may be heard. The commission may subpoena any witness at the request of the public utility, party to the interconnection agreement or complainant.

218,42 Section 42 . 196.26 (4) (c) of the statutes is created to read:

196.26 (4) (c) Paragraphs (a) and (b) do not apply to a complaint specified in sub. (1) (a) 2. or 3.

218,43 Section 43 . 196.28 (3) of the statutes is amended to read:

196.28 (3) Notice of the time and place for a hearing under sub. (2) shall be given to the public utility, and to such other interested persons as the commission deems necessary. After the notice has been given, proceedings shall be had and conducted in reference to the matter investigated as if a complaint specified in s. 196.26 (1) (a) 1, had been filed with the commission under s. 196.26 (1) relative to the matter investigated. The same order or orders may be made in reference to the matter as if the investigation had been made on complaint under s. 196.26.

218,44 Section 44 . 196.43 (3) of the statutes is created to read:

196.43 (3) No injunction may be issued in any proceeding for review under ch. 227 of an order of the commission under s. 196.199 (3) (a) 2., suspending or staying the order, unless the court finds that the person seeking review of the order is likely to succeed on the merits and suffer irreparable harm without the suspension or stay and that the suspension or stay is in the public interest.

218,45 Section 45 . 196.44 (2) (a) of the statutes is amended to read:

196.44 (2) (a) Upon request of the commission, the attorney general or the district attorney of the proper county shall aid in any investigation, hearing or trial had under this chapter, and shall institute and prosecute all necessary actions or proceedings for the enforcement of all laws relating to public utilities or telecommunications providers, and for the punishment of all violations.

218,46 Section 46 . 196.499 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 196.499 (1) (intro.) and amended to read:

196.499 (1) Scope. (intro.) Notwithstanding any other provisions of this chapter, a telecommunications carrier is not subject to regulation under this chapter, except that a under each of the following provisions:

(a) A telecommunications carrier shall comply with the requirements of this section,.

(b) A telecommunications carrier shall be treated under ss. 196.209, 196.218 (8) and 196.219 (4d) as a telecommunications provider,.

(c) A telecommunications carrier shall be treated under s. 196.85 as a telecommunications utility and .

(d) A telecommunications carrier shall be treated under s. 196.858 as an interexchange telecommunications utility,.

(e) A telecommunications carrier may be assessed under s. 196.218 (3) as a telecommunications provider and shall respond, subject to the protection of the telecommunications carrier'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. A telecommunications carrier may not be assessed in a manner that is inconsistent with this section paragraph.

218,47 Section 47 . 196.499 (1) (f) of the statutes is created to read:

196.499 (1) (f) For purposes of enforcing s. 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) (a), 196.66 and 196.85 (1) and as a telecommunications provider under ss. 196.25 (3) and 196.65 (3).

218,47g Section 47g. 943.455 (title) of the statutes is amended to read:

943.455 (title) Theft of cellular telephone commercial mobile service.

218,47r Section 47r. 943.455 (1) (a) of the statutes is amended to read:

943.455 (1) (a) “Cellular telephone Commercial mobile service" means any telecommunications service commercial mobile service, as defined in s. 196.01 (2i), that is provided by a company over a cellular telephone system for payment.

218,48 Section 48 . 943.455 (1) (b) of the statutes is amended to read:

943.455 (1) (b) “Company" means a cellular commercial mobile radio telecommunications utility service provider, as defined in s. 196.202 (1) 196.01 (2g).

218,48g Section 48g. 943.455 (2) (a), (b), (c) and (f) of the statutes are amended to read:

943.455 (2) (a) Obtain or attempt to obtain cellular telephone commercial mobile service from a company by trick, artifice, deception, use of an illegal device or other fraudulent means with the intent to deprive that company of any or all lawful compensation for rendering each type of service obtained. The intent required for a violation of this paragraph may be inferred from the presence on the property and in the actual possession of the defendant of a device not authorized by the company, the major purpose of which is to permit reception of cellular telephone commercial mobile services without payment. This inference is rebutted if the defendant demonstrates that he or she purchased that device for a legitimate use.

(b) Give technical assistance or instruction to any person in obtaining or attempting to obtain any cellular telephone commercial mobile service without payment of all lawful compensation to the company providing that service. This paragraph does not apply if the defendant demonstrates that the technical assistance or instruction was given for a legitimate purpose.

(c) Maintain an ability to connect, whether physical, electronic, by radio wave or by other means, with any facilities, components or other devices used for the transmission of cellular telephone commercial mobile services for the purpose of obtaining cellular telephone commercial mobile service without payment of all lawful compensation to the company providing that service. The intent required for a violation of this paragraph may be inferred from proof that the cellular telephone commercial mobile service to the defendant was authorized under a service agreement with the defendant and has been terminated by the company and that thereafter there exists in fact an ability to connect to the company's cellular telephone commercial mobile service system.

(f) Manufacture, import into this state, distribute, publish, advertise, sell, lease or offer for sale or lease any device or any plan or kit for a device designed to receive cellular telephone commercial mobile services offered for sale by a company, whether or not the services are encoded, filtered, scrambled or otherwise made unintelligible, with the intent that that device, plan or kit be used for obtaining a company's services without payment. The intent required for a violation of this paragraph may be inferred from proof that the defendant has sold, leased or offered for sale or lease any device, plan or kit for a device in violation of this paragraph and during the course of the transaction for sale or lease the defendant expressly states or implies to the buyer that the product will enable the buyer to obtain cellular telephone commercial mobile service without charge.

218,48m Section 48m. 943.455 (5) of the statutes is amended to read:

943.455 (5) Exception. This section does not affect the use by a person of cellular telephone commercial mobile services if the services have been paid for.

218,49 Section 49 . 968.27 (14) (d) of the statutes is amended to read:

968.27 (14) (d) Transmitted over a communication system provided by a common carrier, including a cellular commercial mobile radio telecommunications utility service provider, as defined in s. 196.202 (1) 196.01 (2g), unless the communication is a tone-only paging system communication.

218,50 Section 50 . Nonstatutory provisions.

(1) The public service commission shall submit in proposed form the rules required under section 196.199 (2) (c) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than November 1, 1998.

(2m) The public service commission shall study the feasibility and desirability of enforcing interconnection agreements, that are subject to the approval of the public service commission under 47 USC 252 (e), to which a commercial mobile radio service provider, as defined in section 196.01 (2g) of the statutes, as created by this act, is a party in the same manner as interconnection agreements to which such a provider is not a party. The commission shall submit a report on the results of the study and any recommended proposals for legislation to the legislature in the manner provided in section 13.172 (2) of the statutes no later than January 1, 2000.

218,50m Section 50m.0 Initial applicability.

(1m) The treatment of section 943.455 (1) (a), (2) (a), (b), (c) and (f) and (5) of the statutes first applies to offenses committed on the effective date of this subsection.

(2m) The treatment of section 968.27 (14) (d) of the statutes first applies to radio communications transmitted on the effective date of this subsection.

218,51 Section 51 . Effective date.

(1) This act takes effect on January 1, 1999.