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1. For a utility that has not structurally separated under sub. (7) (b) or (c), less
9than 25% of the utility's access lines serving residential end-user customers in the
10utility's service territory, or less than 25% of the utility's access lines serving business
11end-user customers in the utility's service territory, receive basic local exchange
12service from another telecommunications provider.
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2. The commission determines that the utility has failed to meet the
14requirements of
47 USC 271 (c).
SB408, s. 22
15Section
22. 196.196 (9) of the statutes is created to read:
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196.196
(9) Just and reasonable rates; effect of petition. A large
17price-regulated telecommunications utility may petition the commission for a
18determination that its rates, as established under this section, are not just and
19reasonable. By filing such a petition, a large price regulated telecommunications
20utility rescinds its election to be price regulated and the commission shall impose
21cost-based, rate-of-return regulation on all products and services offered by the
22utility. A large price-regulated telecommunications utility may not elect to be price
23regulated within 3 years after filing a petition under this subsection.
SB408, s. 23
24Section
23. 196.197 of the statutes is created to read:
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1196.197 Retail and wholesale telecommunications service quality. (1)
2Definitions. In this section:
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(a) "End-user customer" has the meaning given in s. 196.196 (6) (a) 2.
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(b) "Local exchange service" has the meaning given in s. 196.50 (1) (b) 1.
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(c) "Network element" has the meaning given in s. 196.196 (7) (a) 1.
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(d) "Repeat trouble report" means a trouble report made by an end-user
7customer or wholesale customer within 30 days after a large price-regulated
8telecommunications utility has resolved a problem regarding the same access line in
9response to a prior trouble report by the customer.
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(e) "Trouble report" means a report by an end-user customer to a large
11telecommunications utility or wholesale customer, or by a wholesale customer to a
12large price-regulated telecommunications utility, about a problem regarding the
13end-user customer's access line or an access line used by the wholesale customer.
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(f) "Wholesale customer" means a telecommunications provider that uses the
15services, products, or facilities of a large price-regulated telecommunications utility
16to provide telecommunications service to an end-user customer.
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17(2) Retail service standards. In addition to any standard required by the
18commission or agreed to by a large price-regulated telecommunications utility, a
19large price-regulated telecommunications utility shall, on a monthly basis, comply
20with each of the following standards in providing telecommunications services,
21products, or facilities to its end-user customers:
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(a)
Initiation of service. The utility shall begin providing local exchange service
23for 95% of the orders for such service by the utility's end-user customers no less than
245 business days after receiving an order.
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1(b)
Service outages. The utility shall restore no less than 95% of local exchange
2service outages to end-user customers within 24 hours after an end-user customer
3reports the outage to the utility.
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(c)
Repeat trouble reports. The utility shall ensure that no more than 10% of
5all trouble reports are repeat trouble reports.
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(d)
Missed repair appointments. The utility shall keep no less than 90% of all
7appointments scheduled to install service or make repairs for the utility's end-user
8customers, excluding those appointments for which the utility gives 24-hour
9advance notice that the appointment will be missed. The commission shall
10promulgate rules to administer the requirements of this paragraph.
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(e)
Service center response times. The utility shall ensure that in no less than
1290% of all calls by end-user customers to the utility's service center the customer is
13connected to a live service representative within 20 seconds after the call begins.
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14(3) Wholesale service standards. In addition to complying with any standard
15required by the commission or agreed to by a large price-regulated
16telecommunications utility, a large price-regulated telecommunications utility
17shall, on a monthly basis, comply with each of the following standards in providing
18telecommunications services or products or network elements to each of its wholesale
19customers:
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(a)
Service outages. The utility shall restore no less than 95% of service outages
21affecting end-user customers with access lines used by the wholesale customer
22within 24 hours after the wholesale customer reports the outage to the utility.
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(b)
Response to orders. Except as provided in par. (c), the utility shall ensure
24that no less than 95% of the wholesale customer's orders for unbundled loops,
1unbundled network platforms, or resale are filled within 5 business days after the
2utility receives an order.
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(c)
Response to orders with agreed delivery times. If the utility and a wholesale
4customer agree upon a time other than 5 business days for filling an order for
5unbundled loops, unbundled network platforms, or resale, the utility shall ensure
6that no less than 95% of such orders are filled within the agreed time.
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(d)
Repeat trouble reports. The utility shall ensure that no more than 10% of
8all trouble reports about the utility's access lines that are used by the wholesale
9customer are repeat trouble reports.
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(e)
Order problems. The utility shall ensure that, for no less than 90% of all
11orders for unbundled loops, unbundled network platforms, or resale, a wholesale
12customer does not report a problem about the order to the utility during the 7-day
13period beginning after the date on which the order is filled.
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14(4) Forfeitures; compensation. (a)
Retail service. 1. If a report filed under
15sub. (5) (a) 1. demonstrates, or if the commission otherwise determines, that a large
16price-regulated telecommunications utility that has not structurally separated
17under s. 196.196 (7) (b) or (c) has failed to comply with a standard under sub. (2), the
18commission shall, except as provided in par. (d), directly assess against the utility the
19following forfeitures:
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a. If the utility fails to meet one of the standards in a month, $2,000,000.
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b. If the utility fails to meet 2 of the standards in a month, $3,000,000.
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c. If the utility fails to meet 3 of the standards in a month, $4,000,000.
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d. If the utility fails to meet 4 of the standards in a month, $5,000,000.
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e. If the utility fails to meet 5 of the standards in a month, $6,000,000.
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12. Notwithstanding subd. 1., the commission may assess a forfeiture that is less
2than an amount specified in subd. 1. which reflects the severity of the large
3price-regulated utility's failure to comply with a standard under sub. (2). The
4commission shall promulgate rules establishing the range of forfeitures that the
5commission may assess under this subdivision. The lowest forfeiture in such a range
6may be no less than 50% of the amount specified in subd. 1.
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3. A large price-regulated telecommunications utility against whom the
8commission assesses a forfeiture under subd. 1. shall pay the forfeiture to the
9commission within 10 days after receipt of notice of the assessment or, if the utility
10petitions for judicial review under ch. 227, within 10 days after receipt of the final
11decision after exhaustion of judicial review. The commission shall remit all
12forfeitures paid under this subdivision to the state treasurer for deposit in the school
13fund. The attorney general shall bring an action in the name of the state to collect
14any forfeiture assessed by the commission under subd. 1. that has not been paid as
15provided in this subdivision. The only contestable issue in such an action is whether
16or not the forfeiture has been paid.
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(b)
Wholesale service. A large price-regulated telecommunications utility that
18has not structurally separated under s. 196.196 (7) (b) or (c) shall, except as provided
19in par. (d), compensate a wholesale customer the following amounts if the utility's
20monthly report under sub. (5) (a) 2. to that wholesale customer demonstrates that
21the utility has failed to comply with a standard under sub. (3) with respect to that
22wholesale customer:
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1. If the utility fails to meet one of the standards in a month:
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a. If the utility fails to comply with the standard by not more than 5%, $200,000.
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1b. If the utility fails to comply with the standard by more than 5% but not more
2than 10%, $300,000.
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c. If the utility fails to comply with the standard by more than 10%, $400,000.
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2. If the utility fails to meet 2 of the standards in a month:
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a. If the utility fails to comply with both of the standards by not more than 5%,
6$300,000.
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b. If the utility fails to comply with at least one of the standards by more than
85% but not more than 10%, and if subd. 2. c. does not apply, $400,000.
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c. If the utility fails to comply with at least one of the standards by more than
1010%, $500,000.
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3. If the utility fails to meet 3 of the standards in a month:
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a. If the utility fails to comply with all 3 of the standards by not more than 5%,
13$500,000.
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b. If the utility fails to comply with at least one of the standards by more than
155% but not more than 10%, and if subd. 3. c. does not apply, $600,000.
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c. If the utility fails to comply with at least one of the standards by more than
1710%, $700,000.
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4. If the utility fails to meet 4 of the standards in a month:
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a. If the utility fails to comply with all 4 of the standards by not more than 5%,
20$700,000.
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b. If the utility fails to comply with at least one of the standards by more than
225% but not more than 10%, and if subd. 4. c. does not apply, $800,000.
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c. If the utility fails to comply with at least one of the standards by more than
2410%, $900,000.
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5. If the utility fails to meet 5 of the standards in a month:
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1a. If the utility fails to comply with all 5 of the standards by not more than 5%,
2$800,000.
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b. If the utility fails to comply with at least one of the standards by more than
45% but not more than 10%, and if subd. 5. c. does not apply, $900,000.
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c. If the utility fails to comply with at least one of the standards by more than
610%, $1,000,000.
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(c)
Doubling of compensation. The compensation that a large price-regulated
8utility must pay to a wholesale customer for a month under par. (b) shall be doubled
9if the utility has failed to comply with 2 or more standards under sub. (3) with respect
10to that wholesale customer in each of the preceding 3 months or in any 6 of the
11preceding 12 months. If compensation payable to a wholesale customer for a month
12is doubled under this paragraph, the doubling shall continue in each succeeding
13month until the utility complies with at least 4 of the standards under sub. (3) with
14respect to that wholesale customer for 3 consecutive months.
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(d)
Waiver. No later than 30 days after filing a report under sub. (5) (a), a large
16price-regulated telecommunications utility may petition the commission to waive a
17requirement to pay a forfeiture or compensation under par. (a) or (b). The
18commission may waive the requirement if the large price-regulated
19telecommunications utility demonstrates to the satisfaction of the commission that
20the utility's failure to comply with a standard under sub. (2) or (3) was caused by
21natural disaster, act of God, military action, war, insurrection, or riot.
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22(5) Reports. (a) A large price-regulated telecommunications utility shall do
23all of the following:
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11. File monthly reports with the commission that document the extent to which
2the utility has complied with the standards under sub. (2) during the previous
3month.
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2. File monthly reports with each wholesale customer that document the extent
5to which the utility has complied with the standards under sub. (3) with respect to
6that wholesale customer during the previous month.
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(b) Each report filed under par. (a) shall include an affirmation, subject to
8penalty of false swearing under s. 946.32, by an officer of the large price-regulated
9telecommunications utility that the information contained in the report is true and
10complete.
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(c) The commission shall promulgate rules establishing the format for reports
12filed under par. (a).
SB408, s. 24
13Section
24. 196.1995 of the statutes is created to read:
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14196.1995 Interconnection, collocation, and network elements. (1) 15Definitions. In this section:
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(a) "End-user customer" has the meaning given in s. 196.196 (6) (a) 2.
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(b) "Local exchange service" has the meaning given in s. 196.50 (1) (b) 1.
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(c) "Network element" has the meaning given in s. 196.196 (7) (a) 1.
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(d) "Wholesale customer" has the meaning given in s. 196.197 (1) (f).
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20(2) G
enerally. (a) A large price-regulated telecommunications utility shall
21provide interconnection, collocation, and network elements to telecommunications
22providers in a manner that promotes the maximum development of competitive
23telecommunications service offerings in this state.
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(b) A large price-regulated telecommunications utility shall provide
25interconnection, collocation, and network elements in a manner specified by a
1telecommunications provider if that manner is technically feasible. A manner is
2presumed to be technically feasible if the large price-regulated telecommunications
3utility or any of its affiliates offer or provide interconnection, collocation, and
4network elements in that manner in any jurisdiction.
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5(3) Collocation. (a) A large price-regulated telecommunications utility shall
6provide physical or virtual collocation of any type of equipment for interconnection
7with, or access to the network elements of, the utility or any collocated
8telecommunications provider at the utility's premises, at rates and on terms and
9conditions that are just, reasonable, and nondiscriminatory. In this paragraph,
10"equipment" includes optical transmission equipment, multiplexers, remote
11switching modules, and cross-connects between the facilities or equipment of other
12collocated telecommunications providers. In this paragraph, "equipment" also
13includes microwave transmission facilities on the exterior or interior of any premises
14owned or controlled by a large price-regulated telecommunications utility, unless
15the large price-regulated telecommunications utility demonstrates to the
16satisfaction of the commission that physical or virtual collocation of such facilities
17is not feasible due to technical issues or space limitations.
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(b) Upon request, a large price-regulated telecommunications utility shall
19provide for each of the following in a manner that is consistent with safety and
20network reliability standards:
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1. Cross-connects between the facilities or equipment of collocated
22telecommunications providers that are the most reasonably direct and efficient, as
23determined by the collocated telecommunications provider.
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12. Cross-connects between the facilities or equipment of a collocated
2telecommunications provider and the network elements platform or transport
3facilities of a noncollocated telecommunications provider.
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4(4) Network elements. (a) Upon the request of a telecommunications provider,
5a large price-regulated telecommunications utility shall provide network elements
6on a bundled or unbundled basis, as requested by the telecommunications provider,
7at any point that the telecommunications provider determines is technically feasible,
8and in a manner that allows the telecommunications provider to combine the
9network elements to provide new or existing telecommunications service. A large
10price-regulated telecommunications utility must provide network elements under
11this paragraph at rates, and on terms and conditions, that are just, reasonable, and
12nondiscriminatory.
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(b) A large price-regulated telecommunications utility may not require a
14wholesale customer to purchase network elements on an unbundled basis if the
15utility ordinarily combines the elements to provide service to the utility's own
16end-user customers, except at the direction of a telecommunications provider that
17requests unbundled network elements.
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(c) At the direction of a telecommunications provider that requests network
19elements, a large price-regulated telecommunications utility shall provide network
20elements on a bundled or unbundled basis, and shall combine any sequence of
21network elements requested by the telecommunications provider that the utility
22ordinarily combines for itself.
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(d) If a telecommunications provider uses the network elements platform of a
24large price-regulated telecommunications utility that consists solely of combined
25network elements and the use is for the purpose of providing telecommunications
1service to an end-user customer, the large price-regulated telecommunications
2utility may not require that the telecommunications provider purchase other
3network elements or retail services of the utility. A telecommunications provider
4may order the network elements platform on an as-is basis for an end-user customer
5that has received local exchange service from the large price-regulated
6telecommunications utility and the telecommunications provider may direct the
7utility not to change any of the features previously selected by the end-user
8customer. A large price-regulated telecommunications utility that provides a
9network elements platform to a telecommunications provider shall provide the
10platform without any disruption of services to end-user customers.
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11(5) Compliance plan. (a) No later than the first day of the 9th month beginning
12after the effective date of this paragraph .... [revisor inserts date], the commission
13shall, after notice and, if requested, a hearing, issue an order establishing a
14compliance plan for each large price-regulated telecommunications utility that
15includes each of the following:
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1. Standards for the utility to provide nondiscriminatory access to the utility's
17services and network elements, including the utility's operational support system,
18to the utility's wholesale customers. The access must be at least equal in quality to
19the access provided by the utility to itself or to any subsidiary, affiliate, or other
20person to which the utility provides interconnection.
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2. Procedures for measuring the large price-regulated telecommunications
22utility's compliance with the standards under subd. 1.
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3. Requirements for the utility to make specified monetary payments to a
24wholesale customer if the utility fails to comply with the standards under subd. 1.
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1(b) The requirements of this subsection apply in addition to any requirements
2under an interconnection agreement.
SB408, s. 25
3Section
25. 196.204 (3) of the statutes is amended to read:
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196.204
(3) The commission shall establish the necessary minimum
5accounting and reporting requirements, and structural separation requirements if
6necessary, for telecommunications utilities to enable it to enforce this section. For
7a telecommunications utility regulated under s. 196.195 or 196.196, these
8requirements shall at a minimum include the filing of cost support documentation
9demonstrating compliance with subs. (5) and (6) before the effective date of each new
10service, including any unbundled service element or basic network function; before
11any reduction in the price of a service offered to end users; and before any increase
12in the price of a service offered to other telecommunications providers. The
13commission, on its own motion or upon complaint, may order any
14telecommunications utility to file cost support documentation showing that a service
15that the utility offers or a contract that the utility has entered into under s. 196.194
16(1) (a) complies with subs. (5) and (6).
SB408, s. 26
17Section
26. 196.219 (3m) of the statutes is created to read:
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196.219
(3m) Real estate development. (a) In this subsection, "real estate
19development" means the act of dividing or subdividing any parcel of land for
20construction or making improvements to facilitate or allow construction or the act
21of creating, constructing, or improving a subdivision, development, building, or
22home.
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(b) Except for the recovery of costs included in recurring rates for local
24exchange service, as defined in s. 196.50 (1) (b) 1., or in recurring rates for wholesale
25service to other telecommunications providers, a large price-regulated
1telecommunications utility may not impose or assess a charge or fee, or otherwise
2seek payment or require compensation from any person for the installation,
3construction, extension, or use of telecommunications facilities, equipment, or
4infrastructure, related to a real estate development.
SB408, s. 27
5Section
27. 196.662 of the statutes is created to read:
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6196.662 Large price-regulated telecommunications utilities; remedies
7and enforcement. (1) Commission authority. (a) In this subsection, "interested
8person" means any of the following:
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1. A customer of a large price-regulated telecommunications utility.