SB408,24,2217
(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:
SB408,26,2
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.
SB408,26,147
(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.
SB408,26,23
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:
SB408,27,15
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.
SB408,27,1717
(b) "Local exchange service" has the meaning given in s. 196.50 (1) (b) 1.
SB408,27,1818
(c) "Network element" has the meaning given in s. 196.196 (7) (a) 1.
SB408,27,1919
(d) "Wholesale customer" has the meaning given in s. 196.197 (1) (f).
SB408,27,23
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.
SB408,28,17
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.
SB408,29,12
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.
SB408,29,1713
(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.
SB408,29,2218
(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.
SB408,30,1023
(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.
SB408,30,15
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:
SB408,30,2016
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.
SB408,30,2221
2. Procedures for measuring the large price-regulated telecommunications
22utility's compliance with the standards under subd. 1.
SB408,30,2423
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.
SB408,31,2
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:
SB408,31,164
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:
SB408,31,2218
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.
SB408,32,423
(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:
SB408,32,8
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.
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2. A telecommunications provider that competes with a large price-regulated
11telecommunications utility.
SB408,32,1912
(b) The commission may, on its own motion, or in response to a complaint filed
13by an interested person, investigate whether a large price-regulated
14telecommunications utility has violated this chapter or a rule or order promulgated
15or issued under this chapter. After notice and, if requested, a hearing, if the
16commission finds that a large price-regulated telecommunications utility has
17committed such a violation, the commission shall directly assess against the utility
18a forfeiture under sub. (3) or, if applicable, under s. 196.197 (4) (a), and the
19commission shall do one or more of the following:
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1. Order the utility to comply with this chapter or a rule or order promulgated
21or issued under this chapter.
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2. Impose a tariff on the utility for retail or wholesale services or network
23elements. If the commission imposes a tariff under this subdivision, the tariff shall
24remain in effect until the utility files its own tariff and the commission, after notice
25and hearing, approves the utility's tariff.
SB408,33,2
13. Order the utility to pay damages to any person injured by the utility's
2violation of this chapter or a rule or order promulgated or issued under this chapter.
SB408,33,53
4. Order the utility to pay costs and reasonable attorney fees to the person, if
4any, who filed the complaint in response to which the commission took action under
5this paragraph.
SB408,33,156
(c) A large price-regulated telecommunications utility against whom the
7commission assesses a forfeiture under sub. (3) shall pay the forfeiture to the
8commission within 10 days after receipt of notice of the assessment or, if the utility
9petitions for judicial review under ch. 227, within 10 days after receipt of the final
10decision after exhaustion of judicial review. The commission shall remit all
11forfeitures paid under this paragraph to the state treasurer for deposit in the school
12fund. The attorney general shall bring an action in the name of the state to collect
13any forfeiture assessed by the commission under sub. (3) that has not been paid as
14provided in this paragraph. The only contestable issue in such an action is whether
15the forfeiture has been paid.
SB408,33,20
16(2) Civil remedy. (a) Any person who is injured by a large price-regulated
17telecommunications utility's violation of this chapter or a rule or order promulgated
18or issued under this chapter may bring an action for damages resulting from the
19violation, or for injunctive or declaratory relief, or for any combination thereof. If the
20person prevails in the action, the court shall do all of the following:
SB408,33,2221
1. Award the person costs and reasonable attorney fees, notwithstanding s.
22814.04 (1).
SB408,33,2423
2. Require the large price-regulated telecommunications utility to pay the
24forfeiture specified in sub. (3).
SB408,34,2
1(b) A person may bring an action under par. (a) in lieu of filing a complaint with
2the commission under sub. (1) (b).
SB408,34,7
3(3) Forfeitures. (a) If the commission or a court finds that a large
4price-regulated telecommunications utility has violated this chapter or a rule or
5order promulgated or issued under this chapter, the commission or court shall
6require the utility to forfeit not less than $25,000 nor more than $250,000 for each
7violation. Each day of violation constitutes a separate violation.
SB408,34,98
(b) The commission or a court shall consider all of the following in determining
9the amount of the forfeiture under par. (a):
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1. The appropriateness of the forfeiture to the volume of business of the large
11price-regulated telecommunications utility.
SB408,34,1212
2. The gravity of the violation.
SB408,34,1413
(c) This subsection does not apply to violations of the standards under s.
14196.197 (2) or (3).
SB408,35,216
(1) Using the procedure under section 227.24 of the statutes, the public service
17commission shall promulgate emergency rules under section 196.197 (2) (d), (4) (a)
182., and (5) (c) of the statutes, as created by this act, for the period before the effective
19date of permanent rules initially promulgated under section 196.197 (2) (d), (4) (a)
202., and (5) (c) of the statutes, as created by this act, but not to exceed the period
21authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding
22section 227.24 (1) (a), (2) (b), and (3) of the statutes, the public service commission
23is not required to provide evidence that promulgating a rule under this subsection
24as an emergency rule is necessary for the preservation of the public peace, health,
1safety, or welfare and is not required to provide a finding of emergency for a rule
2promulgated under this subsection.
SB408,35,73
(2) The public service commission shall submit in proposed form the rules
4required under section 196.197 (2) (d), (4) (a) 2., and (5) (c) of the statutes, as created
5by this act, to the legislative council staff under section 227.15 (1) of the statutes no
6later than the first day of the 7th month beginning after the effective date of this
7subsection.
SB408,35,109
(1) The treatment of section 196.196 (6) (b) of the statutes first applies to
10reports made on the effective date of this subsection.
SB408,35,1211
(2) The treatment of section 196.196 (6) (c) of the statutes first applies to orders
12made on the effective date of this subsection.
SB408,35,1413
(3) The treatment of section 196.196 (6) (f) of the statutes first applies to
14notifications made on the effective date of this subsection.
SB408,35,1715
(4) The treatment of section 196.219 (3m) of the statutes first applies to
16creation, construction, or improvements that begin on the effective date of this
17subsection.
SB408,35,1918
(5) The treatment of section 196.662 of the statutes first applies to violations
19occurring on the effective date of this subsection.
SB408, s. 30
20Section
30.
Effective dates. This act takes effect on the day after publication,
21except as follows:
SB408,35,2322
(1)
The treatment of section 196.219 (3m) of the statutes and
Section 29 (4
) of
23this act take effect on the first day of the 2nd month beginning after publication.