SB408: Bill Text

SB408,21,3 (a) "End-user customer" has the meaning given in s. 196.196 (6) (a) 2.

SB408,21,4 (b) "Local exchange service" has the meaning given in s. 196.50 (1) (b) 1.

SB408,21,5 (c) "Network element" has the meaning given in s. 196.196 (7) (a) 1.

SB408,21,9 (d) "Repeat trouble report" means a trouble report made by an end-user customer or wholesale customer within 30 days after a large price-regulated telecommunications utility has resolved a problem regarding the same access line in response to a prior trouble report by the customer.

SB408,21,13 (e) "Trouble report" means a report by an end-user customer to a large telecommunications utility or wholesale customer, or by a wholesale customer to a large price-regulated telecommunications utility, about a problem regarding the end-user customer's access line or an access line used by the wholesale customer.

SB408,21,16 (f) "Wholesale customer" means a telecommunications provider that uses the services, products, or facilities of a large price-regulated telecommunications utility to provide telecommunications service to an end-user customer.

SB408,21,21 (2) Retail service standards. In addition to any standard required by the commission or agreed to by a large price-regulated telecommunications utility, a large price-regulated telecommunications utility shall, on a monthly basis, comply with each of the following standards in providing telecommunications services, products, or facilities to its end-user customers:

SB408,21,24 (a) Initiation of service. The utility shall begin providing local exchange service for 95% of the orders for such service by the utility's end-user customers no less than 5 business days after receiving an order.

SB408,22,3 (b) Service outages. The utility shall restore no less than 95% of local exchange service outages to end-user customers within 24 hours after an end-user customer reports the outage to the utility.

SB408,22,5 (c) Repeat trouble reports. The utility shall ensure that no more than 10% of all trouble reports are repeat trouble reports.

SB408,22,10 (d) Missed repair appointments. The utility shall keep no less than 90% of all appointments scheduled to install service or make repairs for the utility's end-user customers, excluding those appointments for which the utility gives 24-hour advance notice that the appointment will be missed. The commission shall promulgate rules to administer the requirements of this paragraph.

SB408,22,13 (e) Service center response times. The utility shall ensure that in no less than 90% of all calls by end-user customers to the utility's service center the customer is connected to a live service representative within 20 seconds after the call begins.

SB408,22,19 (3) Wholesale service standards. In addition to complying with any standard required by the commission or agreed to by a large price-regulated telecommunications utility, a large price-regulated telecommunications utility shall, on a monthly basis, comply with each of the following standards in providing telecommunications services or products or network elements to each of its wholesale customers:

SB408,22,22 (a) Service outages. The utility shall restore no less than 95% of service outages affecting end-user customers with access lines used by the wholesale customer within 24 hours after the wholesale customer reports the outage to the utility.

SB408,23,2 (b) Response to orders. Except as provided in par. (c), the utility shall ensure that no less than 95% of the wholesale customer's orders for unbundled loops, unbundled network platforms, or resale are filled within 5 business days after the utility receives an order.

SB408,23,6 (c) Response to orders with agreed delivery times. If the utility and a wholesale customer agree upon a time other than 5 business days for filling an order for unbundled loops, unbundled network platforms, or resale, the utility shall ensure that no less than 95% of such orders are filled within the agreed time.

SB408,23,9 (d) Repeat trouble reports. The utility shall ensure that no more than 10% of all trouble reports about the utility's access lines that are used by the wholesale customer are repeat trouble reports.

SB408,23,13 (e) Order problems. The utility shall ensure that, for no less than 90% of all orders for unbundled loops, unbundled network platforms, or resale, a wholesale customer does not report a problem about the order to the utility during the 7-day period beginning after the date on which the order is filled.

SB408,23,19 (4) Forfeitures; compensation. (a) Retail service. 1. If a report filed under sub. (5) (a) 1. demonstrates, or if the commission otherwise determines, that a large price-regulated telecommunications utility that has not structurally separated under s. 196.196 (7) (b) or (c) has failed to comply with a standard under sub. (2), the commission shall, except as provided in par. (d), directly assess against the utility the following forfeitures:

SB408,23,20 a. If the utility fails to meet one of the standards in a month, $2,000,000.

SB408,23,21 b. If the utility fails to meet 2 of the standards in a month, $3,000,000.

SB408,23,22 c. If the utility fails to meet 3 of the standards in a month, $4,000,000.

SB408,23,23 d. If the utility fails to meet 4 of the standards in a month, $5,000,000.

SB408,23,24 e. If the utility fails to meet 5 of the standards in a month, $6,000,000.

SB408,24,6 2. Notwithstanding subd. 1., the commission may assess a forfeiture that is less than an amount specified in subd. 1. which reflects the severity of the large price-regulated utility's failure to comply with a standard under sub. (2). The commission shall promulgate rules establishing the range of forfeitures that the commission may assess under this subdivision. The lowest forfeiture in such a range may be no less than 50% of the amount specified in subd. 1.

SB408,24,16 3. A large price-regulated telecommunications utility against whom the commission assesses a forfeiture under subd. 1. shall pay the forfeiture to the commission within 10 days after receipt of notice of the assessment or, if the utility petitions for judicial review under ch. 227, within 10 days after receipt of the final decision after exhaustion of judicial review. The commission shall remit all forfeitures paid under this subdivision to the state treasurer for deposit in the school fund. The attorney general shall bring an action in the name of the state to collect any forfeiture assessed by the commission under subd. 1. that has not been paid as provided in this subdivision. The only contestable issue in such an action is whether or not the forfeiture has been paid.

SB408,24,22 (b) Wholesale service. A large price-regulated telecommunications utility that has not structurally separated under s. 196.196 (7) (b) or (c) shall, except as provided in par. (d), compensate a wholesale customer the following amounts if the utility's monthly report under sub. (5) (a) 2. to that wholesale customer demonstrates that the utility has failed to comply with a standard under sub. (3) with respect to that wholesale customer:

SB408,24,23 1. If the utility fails to meet one of the standards in a month:

SB408,24,24 a. If the utility fails to comply with the standard by not more than 5%, $200,000.

SB408,25,2 b. If the utility fails to comply with the standard by more than 5% but not more than 10%, $300,000.

SB408,25,3 c. If the utility fails to comply with the standard by more than 10%, $400,000.

SB408,25,4 2. If the utility fails to meet 2 of the standards in a month:

SB408,25,6 a. If the utility fails to comply with both of the standards by not more than 5%, $300,000.

SB408,25,8 b. If the utility fails to comply with at least one of the standards by more than 5% but not more than 10%, and if subd. 2. c. does not apply, $400,000.

SB408,25,10 c. If the utility fails to comply with at least one of the standards by more than 10%, $500,000.

SB408,25,11 3. If the utility fails to meet 3 of the standards in a month:

SB408,25,13 a. If the utility fails to comply with all 3 of the standards by not more than 5%, $500,000.

SB408,25,15 b. If the utility fails to comply with at least one of the standards by more than 5% but not more than 10%, and if subd. 3. c. does not apply, $600,000.

SB408,25,17 c. If the utility fails to comply with at least one of the standards by more than 10%, $700,000.

SB408,25,18 4. If the utility fails to meet 4 of the standards in a month:

SB408,25,20 a. If the utility fails to comply with all 4 of the standards by not more than 5%, $700,000.

SB408,25,22 b. If the utility fails to comply with at least one of the standards by more than 5% but not more than 10%, and if subd. 4. c. does not apply, $800,000.

SB408,25,24 c. If the utility fails to comply with at least one of the standards by more than 10%, $900,000.

SB408,25,25 5. If the utility fails to meet 5 of the standards in a month:

SB408,26,2 a. If the utility fails to comply with all 5 of the standards by not more than 5%, $800,000.

SB408,26,4 b. If the utility fails to comply with at least one of the standards by more than 5% but not more than 10%, and if subd. 5. c. does not apply, $900,000.

SB408,26,6 c. If the utility fails to comply with at least one of the standards by more than 10%, $1,000,000.

SB408,26,14 (c) Doubling of compensation. The compensation that a large price-regulated utility must pay to a wholesale customer for a month under par. (b) shall be doubled if the utility has failed to comply with 2 or more standards under sub. (3) with respect to that wholesale customer in each of the preceding 3 months or in any 6 of the preceding 12 months. If compensation payable to a wholesale customer for a month is doubled under this paragraph, the doubling shall continue in each succeeding month until the utility complies with at least 4 of the standards under sub. (3) with respect to that wholesale customer for 3 consecutive months.

SB408,26,21 (d) Waiver. No later than 30 days after filing a report under sub. (5) (a), a large price-regulated telecommunications utility may petition the commission to waive a requirement to pay a forfeiture or compensation under par. (a) or (b). The commission may waive the requirement if the large price-regulated telecommunications utility demonstrates to the satisfaction of the commission that the utility's failure to comply with a standard under sub. (2) or (3) was caused by natural disaster, act of God, military action, war, insurrection, or riot.

SB408,26,23 (5) Reports. (a) A large price-regulated telecommunications utility shall do all of the following:

SB408,27,3 1. File monthly reports with the commission that document the extent to which the utility has complied with the standards under sub. (2) during the previous month.

SB408,27,6 2. File monthly reports with each wholesale customer that document the extent to which the utility has complied with the standards under sub. (3) with respect to that wholesale customer during the previous month.

SB408,27,10 (b) Each report filed under par. (a) shall include an affirmation, subject to penalty of false swearing under s. 946.32, by an officer of the large price-regulated telecommunications utility that the information contained in the report is true and complete.

SB408,27,12 (c) The commission shall promulgate rules establishing the format for reports filed under par. (a).

SB408, s. 24 Section 24. 196.1995 of the statutes is created to read:

SB408,27,15 196.1995 Interconnection, collocation, and network elements. (1) Definitions. In this section:

SB408,27,16 (a) "End-user customer" has the meaning given in s. 196.196 (6) (a) 2.

SB408,27,17 (b) "Local exchange service" has the meaning given in s. 196.50 (1) (b) 1.

SB408,27,18 (c) "Network element" has the meaning given in s. 196.196 (7) (a) 1.

SB408,27,19 (d) "Wholesale customer" has the meaning given in s. 196.197 (1) (f).

SB408,27,23 (2) Generally. (a) A large price-regulated 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.

SB408,28,4 (b) A large price-regulated 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 price-regulated telecommunications utility or any of its affiliates offer or provide interconnection, collocation, and network elements in that manner in any jurisdiction.

SB408,28,17 (3) Collocation. (a) A large price-regulated 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 price-regulated telecommunications utility, unless the large price-regulated 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.

SB408,28,20 (b) Upon request, a large price-regulated telecommunications utility shall provide for each of the following in a manner that is consistent with safety and network reliability standards:

SB408,28,23 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.

SB408,29,3 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.

SB408,29,12 (4) Network elements. (a) Upon the request of a telecommunications provider, a large price-regulated 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 price-regulated telecommunications utility must provide network elements under this paragraph at rates, and on terms and conditions, that are just, reasonable, and nondiscriminatory.

SB408,29,17 (b) A large price-regulated 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.

SB408,29,22 (c) At the direction of a telecommunications provider that requests network elements, a large price-regulated 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.

SB408,30,10 (d) If a telecommunications provider uses the network elements platform of a large price-regulated 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 price-regulated 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 price-regulated 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 price-regulated 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.

SB408,30,15 (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 price-regulated telecommunications utility that includes each of the following:

SB408,30,20 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.

SB408,30,22 2. Procedures for measuring the large price-regulated telecommunications utility's compliance with the standards under subd. 1.

SB408,30,24 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.

SB408,31,2 (b) The requirements of this subsection apply in addition to any requirements under an interconnection agreement.

SB408, s. 25 Section 25. 196.204 (3) of the statutes is amended to read:

SB408,31,16 196.204 (3) The commission shall establish the necessary minimum accounting and reporting requirements, and structural separation requirements if necessary, for telecommunications utilities to enable it to enforce this section. For a telecommunications utility regulated under s. 196.195 or 196.196, these requirements shall at a minimum include the filing of cost support documentation demonstrating compliance with subs. (5) and (6) before the effective date of each new service, including any unbundled service element or basic network function; before any reduction in the price of a service offered to end users; and before any increase in the price of a service offered to other telecommunications providers. The commission, on its own motion or upon complaint, may order any telecommunications utility to file cost support documentation showing that a service that the utility offers or a contract that the utility has entered into under s. 196.194 (1) (a) complies with subs. (5) and (6).

SB408, s. 26 Section 26. 196.219 (3m) of the statutes is created to read:

SB408,31,22 196.219 (3m) Real estate development. (a) In this subsection, "real estate development" means the act of dividing or subdividing any parcel of land for construction or making improvements to facilitate or allow construction or the act of creating, constructing, or improving a subdivision, development, building, or home.

SB408,32,4 (b) Except for the recovery of costs included in recurring rates for local exchange service, as defined in s. 196.50 (1) (b) 1., or in recurring rates for wholesale service to other telecommunications providers, a large price-regulated telecommunications utility may not impose or assess a charge or fee, or otherwise seek payment or require compensation from any person for the installation, construction, extension, or use of telecommunications facilities, equipment, or infrastructure, related to a real estate development.

SB408, s. 27 Section 27. 196.662 of the statutes is created to read:

SB408,32,8 196.662 Large price-regulated telecommunications utilities; remedies and enforcement. (1) Commission authority. (a) In this subsection, "interested person" means any of the following:

SB408,32,9 1. A customer of a large price-regulated telecommunications utility.

SB408,32,11 2. A telecommunications provider that competes with a large price-regulated telecommunications utility.

SB408,32,19 (b) The commission may, on its own motion, or in response to a complaint filed by an interested person, investigate whether a large price-regulated telecommunications utility has violated this chapter or a rule or order promulgated or issued under this chapter. After notice and, if requested, a hearing, if the commission finds that a large price-regulated telecommunications utility has committed such a violation, the commission shall directly assess against the utility a forfeiture under sub. (3) or, if applicable, under s. 196.197 (4) (a), and the commission shall do one or more of the following:

SB408,32,21 1. Order the utility to comply with this chapter or a rule or order promulgated or issued under this chapter.

SB408,32,25 2. Impose a tariff on the utility for retail or wholesale services or network elements. If the commission imposes a tariff under this subdivision, the tariff shall remain in effect until the utility files its own tariff and the commission, after notice and hearing, approves the utility's tariff.

SB408,33,2 3. Order the utility to pay damages to any person injured by the utility's violation of this chapter or a rule or order promulgated or issued under this chapter.

SB408,33,5 4. Order the utility to pay costs and reasonable attorney fees to the person, if any, who filed the complaint in response to which the commission took action under this paragraph.