Amendment JR2 SA2-SSA1-AB1

AB1-SSA1-SA2,373,17 196.196 (6) (title) Mandatory credits.

AB1-SSA1-SA2, s. 346f Section 346f. 196.196 (6) (a) of the statutes is created to read:

AB1-SSA1-SA2,373,19 196.196 (6) (a) Definitions. In this subsection:

AB1-SSA1-SA2,373,22 1. "Customer" means any person, including a telecommunications provider, that uses the services, products, or facilities provided by a telecommunications utility.

AB1-SSA1-SA2,374,2 2. "End-user customer" means a person that receives local exchange service from a telecommunications utility or another telecommunications provider, and that does not resell the local exchange service or use such service to provide telecommunications service to any other customer.

AB1-SSA1-SA2,374,5 3. "Large telecommunications utility" means a telecommunications utility that has more than 500,000 access lines in use in this state at the time of electing to become price regulated.

AB1-SSA1-SA2,374,6 4. "Local exchange service" has the meaning given in s. 196.50 (1) (b) 1.

AB1-SSA1-SA2, s. 346h Section 346h. 196.196 (6) (b) of the statutes is created to read:

AB1-SSA1-SA2,374,13 196.196 (6) (b) Service disruptions. 1. If the local exchange service of an end-user customer is disrupted by a large telecommunications utility, or a telecommunications utility specified in an order under par. (f), and remains disrupted for more than 24 hours after the disruption is reported to the utility, the utility shall issue a credit in an amount specified in subd. 2. to the end-user customer unless one of the following applies:

AB1-SSA1-SA2,374,15 a. The disruption is caused by the end-user customer or the end-user customer's telecommunications equipment.

AB1-SSA1-SA2,374,17 b. The disruption is caused by a natural disaster, act of God, military action, war, insurrection, or riot.

AB1-SSA1-SA2,374,19 c. The end-user customer fails to keep an appointment to repair the disruption and the utility is not able to obtain access to repair the disruption.

AB1-SSA1-SA2,374,23 2. If service is disrupted for 24 hours or more, the amount of the credit under subd. 1. shall be $35 for each primary residential line, $5 for each other residential line, $135 for each main billing business line, and $25 for each other business line, for each 24-hour period, or portion of a 24-hour period, in which service is disrupted.

AB1-SSA1-SA2, s. 346j Section 346j. 196.196 (6) (c) of the statutes is created to read:

AB1-SSA1-SA2,375,8 196.196 (6) (c) Failure to install local exchange service. 1. Except as provided in subd. 2., if a large telecommunications utility, or a telecommunications utility specified in an order under par. (f), fails to install local exchange service or related equipment within 5 business days after an end-user customer places an order for the service or equipment, the utility shall issue a credit to the end-user customer in an amount equal to $35 for each residential line and $135 for each business line for each business day, or portion of a business day, beyond the 5th business day that the service or equipment is not installed.

AB1-SSA1-SA2,375,9 2. Subdivision 1. does not apply to any of the following:

AB1-SSA1-SA2,375,11 a. The installation of service in an undeveloped area where there are no telecommunications facilities.

AB1-SSA1-SA2,375,13 b. A failure to install that is caused by a natural disaster, act of God, military action, war, insurrection, or riot.

AB1-SSA1-SA2,375,16 c. A failure to install resulting from the end-user customer voluntarily changing the installation date without providing notice 48 hours before the originally scheduled installation date.

AB1-SSA1-SA2, s. 346L Section 346L. 196.196 (6) (d) of the statutes is created to read:

AB1-SSA1-SA2,375,20 196.196 (6) (d) Failure to keep appointments. 1. A large telecommunications utility, or a telecommunications utility specified in an order under par. (f), shall do all of the following:

AB1-SSA1-SA2,375,24 a. Except as provided in subd. 2., if the utility fails to keep an appointment to install service or make on-premises or outside repairs for an end-user customer, issue a $35 credit for each residential line and a $135 credit for each business line that is affected by the failure.

AB1-SSA1-SA2,376,2 b. Inform an end-user customer about the utility's obligation to issue a credit under subd. 1. a. at the time an appointment is made.

AB1-SSA1-SA2,376,6 2. Subdivision 1. a. does not apply if the telecommunications utility provides the end-user customer with 24-hour advance notice that the utility is not able to keep the appointment or if a natural disaster, act of God, military action, war, insurrection, or riot prevents the utility from keeping the appointment.

AB1-SSA1-SA2, s. 346n Section 346n. 196.196 (6) (e) of the statutes is created to read:

AB1-SSA1-SA2,376,12 196.196 (6) (e) Credit procedure. 1. If a large telecommunications utility, or a telecommunications utility specified in an order under par. (f), is required to provide a credit to an end-user customer under this subsection, the utility shall issue the credit by adjusting the end-user customer's first bill following the event for which the credit is required.

AB1-SSA1-SA2,376,16 2. Except for an end-user customer report under par. (b) 1., a large telecommunications utility, or a telecommunications utility specified in an order under par. (f), may not require an end-user customer to provide any notice as a condition for issuing a credit required under this subsection.

AB1-SSA1-SA2, s. 346p Section 346p. 196.196 (6) (f) of the statutes is created to read:

AB1-SSA1-SA2,376,25 196.196 (6) (f) Other telecommunications utilities. In addition to any other order issued by the commission, the commission may issue an order that applies the requirements of this subsection to a telecommunications utility other than a large telecommunications utility, but only if the commission finds, after notice and reasonable opportunity for hearing, that the telecommunications utility has engaged in a demonstrable pattern of poor retail service that was not caused by poor wholesale service from a telecommunications utility, or has intentionally violated any state or federal law, rule, regulation, or order relating to retail service.

AB1-SSA1-SA2, s. 346r Section 346r. 196.196 (6) (g) of the statutes is created to read:

AB1-SSA1-SA2,377,3 196.196 (6) (g) Other remedies available. The remedies under this subsection are not exclusive.

AB1-SSA1-SA2, s. 346t Section 346t. 196.196 (6) (h) of the statutes is created to read:

AB1-SSA1-SA2,377,7 196.196 (6) (h) Sunset. This subsection does not apply after the first day of the 36th month beginning after the effective date of this paragraph .... [revisor inserts date].

AB1-SSA1-SA2, s. 346v Section 346v. 196.196 (7) of the statutes is created to read:

AB1-SSA1-SA2,377,18 196.196 (7) Penalty. A price-regulated telecommunications utility that provides inadequate service or makes insufficient investment may be required to forfeit no more than the dollar value of the decrease in rates that would result from applying a penalty mechanism of 10 percentage points and an incentive mechanism of zero percentage points under sub. (1) (c) 1. The commission may directly impose a forfeiture under this subsection by administrative action on a price-regulated telecommunications utility with more than 500,000 access lines in use in this state if the commission determines during its annual review of rate increases under sub. (1) (c) that the utility has provided inadequate service or made insufficient investment.

AB1-SSA1-SA2, s. 346x Section 346x. 196.1995 of the statutes is created to read:

AB1-SSA1-SA2,377,21 196.1995 Interconnection, collocation, and network elements. (1) Definitions. In this section:

AB1-SSA1-SA2,377,22 (a) "End-user customer" has the meaning given in s. 196.196 (6) (a) 2.

AB1-SSA1-SA2,377,25 (b) "Large telecommunications utility" means a telecommunications utility that has more than 500,000 access lines in use in this state at the time of electing to become price regulated.

AB1-SSA1-SA2,378,1 (c) "Local exchange service" has the meaning given in s. 196.50 (1) (b) 1.

AB1-SSA1-SA2,378,7 (d) "Network element" means a facility or equipment used to provide telecommunications service. "Network element" includes features, functions, and capabilities that are provided by means of such a facility or equipment, including subscriber numbers, databases, signaling systems, and information sufficient for bills or collections or that are used in transmitting, routing, or otherwise providing telecommunications service.

AB1-SSA1-SA2,378,10 (e) "Wholesale customer" means a telecommunications provider that uses the services, products, or facilities of a large telecommunications utility to provide telecommunications service to an end-user customer.

AB1-SSA1-SA2,378,14 (2) Generally. (a) A large telecommunications utility shall provide interconnection, collocation, and network elements to telecommunications providers in a manner that promotes the maximum development of competitive telecommunications service offerings in this state.

AB1-SSA1-SA2,378,20 (b) A large telecommunications utility shall provide interconnection, collocation, and network elements in a manner specified by a telecommunications provider if that manner is technically feasible. A manner is presumed to be technically feasible if the large telecommunications utility or any of its affiliates offer or provide interconnection, collocation, and network elements in that manner in any jurisdiction.

AB1-SSA1-SA2,379,8 (3) Collocation. (a) A large telecommunications utility shall provide physical or virtual collocation of any type of equipment for interconnection with, or access to the network elements of, the utility or any collocated telecommunications provider at the utility's premises, at rates and on terms and conditions that are just, reasonable, and nondiscriminatory. In this paragraph, "equipment" includes optical transmission equipment, multiplexers, remote switching modules, and cross-connects between the facilities or equipment of other collocated telecommunications providers. In this paragraph, "equipment" also includes microwave transmission facilities on the exterior or interior of any premises owned or controlled by a large telecommunications utility, unless the large telecommunications utility demonstrates to the satisfaction of the commission that physical or virtual collocation of such facilities is not feasible due to technical issues or space limitations.

AB1-SSA1-SA2,379,11 (b) Upon request, a large telecommunications utility shall provide for each of the following in a manner that is consistent with safety and network reliability standards:

AB1-SSA1-SA2,379,14 1. Cross-connects between the facilities or equipment of collocated telecommunications providers that are the most reasonably direct and efficient, as determined by the collocated telecommunications provider.

AB1-SSA1-SA2,379,17 2. Cross-connects between the facilities or equipment of a collocated telecommunications provider and the network elements platform or transport facilities of a noncollocated telecommunications provider.

AB1-SSA1-SA2,379,25 (4) Network elements. (a) Upon the request of a telecommunications provider, a large telecommunications utility shall provide network elements on a bundled or unbundled basis, as requested by the telecommunications provider, at any point that the telecommunications provider determines is technically feasible, and in a manner that allows the telecommunications provider to combine the network elements to provide new or existing telecommunications service. A large telecommunications utility must provide network elements under this paragraph at rates, and on terms and conditions, that are just, reasonable, and nondiscriminatory.

AB1-SSA1-SA2,380,5 (b) A large telecommunications utility may not require a wholesale customer to purchase network elements on an unbundled basis if the utility ordinarily combines the elements to provide service to the utility's own end-user customers, except at the direction of a telecommunications provider that requests unbundled network elements.

AB1-SSA1-SA2,380,10 (c) At the direction of a telecommunications provider that requests network elements, a large telecommunications utility shall provide network elements on a bundled or unbundled basis, and shall combine any sequence of network elements requested by the telecommunications provider that the utility ordinarily combines for itself.

AB1-SSA1-SA2,380,22 (d) If a telecommunications provider uses the network elements platform of a large telecommunications utility that consists solely of combined network elements and the use is for the purpose of providing telecommunications service to an end-user customer, the large telecommunications utility may not require that the telecommunications provider purchase other network elements or retail services of the utility. A telecommunications provider may order the network elements platform on an as-is basis for an end-user customer that has received local exchange service from the large telecommunications utility and the telecommunications provider may direct the utility not to change any of the features previously selected by the end-user customer. A large telecommunications utility that provides a network elements platform to a telecommunications provider shall provide the platform without any disruption of services to end-user customers.

AB1-SSA1-SA2,381,2 (5) Compliance plan. (a) No later than the first day of the 9th month beginning after the effective date of this paragraph .... [revisor inserts date], the commission shall, after notice and, if requested, a hearing, issue an order establishing a compliance plan for each large telecommunications utility that includes each of the following:

AB1-SSA1-SA2,381,7 1. Standards for the utility to provide nondiscriminatory access to the utility's services and network elements, including the utility's operational support system, to the utility's wholesale customers. The access must be at least equal in quality to the access provided by the utility to itself or to any subsidiary, affiliate, or other person to which the utility provides interconnection.

AB1-SSA1-SA2,381,9 2. Procedures for measuring the large telecommunications utility's compliance with the standards under subd. 1.

AB1-SSA1-SA2,381,11 3. Requirements for the utility to make specified monetary payments to a wholesale customer if the utility fails to comply with the standards under subd. 1.

AB1-SSA1-SA2,381,13 (b) The requirements of this subsection apply in addition to any requirements under an interconnection agreement.

AB1-SSA1-SA2, s. 346y Section 346y. 196.219 (3m) of the statutes is created to read:

AB1-SSA1-SA2,381,15 196.219 (3m) Wholesale service. (a) In this subsection:

AB1-SSA1-SA2,381,18 1. "Large telecommunications utility" means a telecommunications utility that has more than 500,000 access lines in use in this state at the time of electing to become price regulated.

AB1-SSA1-SA2,381,20 2. "Repeat trouble report" means a trouble report by a wholesale customer who has previously made a trouble report regarding the same wholesale service.

AB1-SSA1-SA2,381,23 3. "Trouble report" means a report to a telecommunications utility by a wholesale customer about a problem regarding a wholesale service provided by the telecommunications utility.

AB1-SSA1-SA2,382,4 4. "Wholesale services" means telecommunications services, products, or facilities, provided by a telecommunications utility to a telecommunications provider, including preordering, ordering and provisioning, maintenance and repair, network performance, unbundled elements, operator services and directory assistance, system performance, service center availability, billing, and any other service that the commission specifies by order.

AB1-SSA1-SA2,382,8 (b) No later than the first day of the 4th month beginning after the effective date of this paragraph .... [revisor inserts date], the commission shall, by order, establish minimum wholesale service standards that require a large telecommunications utility to do all of the following:

AB1-SSA1-SA2,382,9 1. Provision wholesale services and related facilities in a timely manner.

AB1-SSA1-SA2,382,10 2. Repair wholesale service outages in a timely manner.

AB1-SSA1-SA2,382,12 3. Minimize the frequency of trouble reports, including trouble reports within 30 days after initiating a wholesale service.

AB1-SSA1-SA2,382,13 4. Minimize the frequency of repeat trouble reports.

AB1-SSA1-SA2,382,20 (c) In addition to any other order issued by the commission, the commission may issue an order that applies the requirements of par. (b) to a telecommunications utility other than a large telecommunications utility, but only if the commission finds, after notice and reasonable opportunity for hearing, that the telecommunications utility has engaged in a demonstrable pattern of poor wholesale service or has intentionally violated any state or federal law, rule, regulation, or order relating to wholesale service.

AB1-SSA1-SA2,382,25 (d) An order under par. (b) or (c) may require a telecommunications utility that fails to comply with the order to make payments to a telecommunications provider that is affected by the failure to comply or to the commission in amounts and according to schedules that are specified in the order. Any payments to the commission shall be credited to the appropriation account under s. 20.155 (1) (Lm).

AB1-SSA1-SA2,383,2 (e) After the commission issues an order under par. (b) or (c), the commission may promulgate rules that implement the requirements of the order.

AB1-SSA1-SA2,383,5 (f) A telecommunications utility that provides wholesale services to a telecommunications provider shall provide the services on the same terms and conditions that the utility provides to itself or to any of its affiliates.

AB1-SSA1-SA2, s. 346z Section 346z. 196.37 (2) of the statutes is amended to read:

AB1-SSA1-SA2,383,18 196.37 (2) If the commission finds that any measurement, regulation, practice, act or service is unjust, unreasonable, insufficient, preferential, unjustly discriminatory or otherwise unreasonable or unlawful, or that any service is inadequate, or that any service which reasonably can be demanded cannot be obtained, the commission shall determine and make any just and reasonable order relating to a measurement, regulation, practice, act or service to be furnished, imposed, observed and followed in the future. An order under this subsection against a large telecommunications utility, as defined in s. 196.219 (3m) (a) 1., may require the utility to make payments in amounts specified in the order to persons affected by the measurement, regulation, practice, act, or service or to the commission. Any payments to the commission shall be credited to the appropriation account under s. 20.155 (1) (Lm).".

AB1-SSA1-SA2,383,19 404. Page 177, line 14: after that line insert:

AB1-SSA1-SA2,383,20 " Section 346m. 196.195 (5) of the statutes is amended to read:

AB1-SSA1-SA2,384,6 196.195 (5) Commission action. If after the proceedings under subs. (2), (3) and (4) the commission has determined that effective competition exists in the market for the telecommunications service which justifies a lesser degree of regulation and that lesser regulation in that market will serve the public interest, the commission may, by order, suspend any of the following provisions of law, except as provided under subs. (7) and (8): ch. 201 and sub. (12) (d) 2. or (e); s. 196.02 (2); s. 196.05; s. 196.06; s. 196.07; s. 196.09; s. 196.10; s. 196.12; s. 196.13 (2); s. 196.19; tariffing requirements under s. 196.194; s. 196.196 (1) or (5); s. 196.20; s. 196.204 (5), (6), or (7); s. 196.21; s. 196.22; s. 196.26; s. 196.28; s. 196.37; s. 196.49; s. 196.52; s. 196.58; s. 196.60; s. 196.604; s. 196.77; s. 196.78; s. 196.79; and s. 196.805; or ch. 201.".

AB1-SSA1-SA2,384,7 405. Page 177, line 14: after that line insert:

AB1-SSA1-SA2,384,9 " Section 346g. 196.218 (5) (a) 5. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,384,14 196.218 (5) (a) 5. To pay costs incurred under contracts under s. 16.974 16.971 (13) to (16) to the extent that these costs are not paid under s. 44.73 (2) (d), except that no moneys in the universal service fund may be used to pay installation costs that are necessary for a political subdivision to obtain access to bandwidth under a shared service agreement under s. 44.73 (2r) (a).

AB1-SSA1-SA2, s. 346h Section 346h. 196.218 (5) (a) 6. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,384,20 196.218 (5) (a) 6. To pay the department of electronic government administration for telecommunications services provided under s. 22.05 16.972 (1) to the campuses of the University of Wisconsin System at River Falls, Stout, Superior and Whitewater.

AB1-SSA1-SA2, s. 346m Section 346m. 196.858 (1) and (2) of the statutes, as affected by 2001 Wisconsin Act 16, are amended to read:

AB1-SSA1-SA2,385,3 196.858 (1) The commission shall annually assess against local exchange and interexchange telecommunications utilities the total, not to exceed $5,000,000, of the amounts appropriated under s. 20.530 20.505 (1) (ir).

AB1-SSA1-SA2,385,13 (2) The commission shall assess a sum equal to the annual total amount under sub. (1) to local exchange and interexchange telecommunications utilities in proportion to their gross operating revenues during the last calendar year. If total expenditures for telephone relay service exceeded the payment made under this section in the prior year, the commission shall charge the remainder to assessed telecommunications utilities in proportion to their gross operating revenues during the last calendar year. A telecommunications utility shall pay the assessment within 30 days after the bill has been mailed to the assessed telecommunication utility. The bill constitutes notice of the assessment and demand of payment. Payments shall be credited to the appropriation account under s. 20.530 20.505 (1) (ir).".

AB1-SSA1-SA2,385,14 406. Page 177, line 22: after that line insert:

AB1-SSA1-SA2,385,15 " Section 347c. 214.72 (1) (b) of the statutes is amended to read:

AB1-SSA1-SA2,385,19 214.72 (1) (b) "Financial regulator" means the department secretary and deputy secretary, and an administrator, a supervisor of data processing, legal counsel and a financial institution examiner employed by the department and includes any member of a financial regulator's immediate family, as defined in s. 19.42 (7).

AB1-SSA1-SA2, s. 347p Section 347p. 214.72 (3) of the statutes is amended to read: