SB451, s. 1
1Section
1. 20.155 (1) (Ls) of the statutes is created to read:
SB451,9,52
20.155
(1) (Ls)
Telecommunications provider payments. All moneys received
3from payments by telecommunications providers under ss. 196.219 (3m) (c) and
4196.37 (2) for purposes determined by the commission under ss. 196.219 (3m) (c) and
5196.37 (2).
SB451, s. 2
6Section
2. 100.207 (3) (a) of the statutes is amended to read:
SB451,9,107
100.207
(3) (a) A person may not engage in negative option billing or negative
8enrollment of telecommunications services, including unbundled
9telecommunications services. A person may not bill a customer for
, or enroll a
10customer in, any telecommunications service that the customer did not affirmatively
1order unless that service is required to be provided by law, the federal
2communications commission
, or the public service commission. A customer's failure
3to refuse a person's proposal to provide a telecommunications service is not an
4affirmative request for that telecommunications service.
A customer's request to be
5enrolled in a particular telecommunications service is an affirmative request to be
6enrolled only in that particular telecommunications service.
SB451, s. 3
7Section
3. 100.207 (3) (d) of the statutes is created to read:
SB451,10,108
100.207
(3) (d) A person may not make a change in a customer's selection of a
9telecommunications service provider unless the customer affirmatively requests
10that the person take such action.
SB451, s. 4
11Section
4. 100.207 (3m) of the statutes is created to read:
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100.207
(3m) Requests for service. (a) A customer may affirmatively request
13a telecommunications service orally, in writing, or by electronic means.
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(b) Notwithstanding par. (a), a person may not provide a telecommunications
15service to a customer who orders the service by an electronic means that
16simultaneously activates that service.
SB451, s. 5
17Section
5. 100.207 (5) of the statutes is amended to read:
SB451,10,1918
100.207
(5) Territorial application.
Subsections (2) to (4) apply This
19subsection applies to any practice directed to any person in this state.
SB451, s. 6
20Section
6. 100.207 (6) (b) 1. of the statutes is amended to read:
SB451,11,1021
100.207
(6) (b) 1. The department of justice, after consulting with the
22department of agriculture, trade and consumer protection, or any district attorney
23upon informing the department of agriculture, trade and consumer protection, may
24commence an action in circuit court in the name of the state to restrain by temporary
25or permanent injunction any violation of this section. Injunctive relief may include
1an order directing telecommunications providers, as defined in s. 196.01 (8p), to
2discontinue telecommunications service provided to a person violating this section
3or ch. 196.
Temporary injunctive relief may include an order requiring that a person
4who provides telecommunications services deposit in an escrow account any
5payments that the provider has received or is expected to receive from customers as
6a result of practices that may violate this section or ch. 196. Before entry of final
7judgment, the court may make such orders or judgments as may be necessary to
8restore to any person any pecuniary loss suffered because of the acts or practices
9involved in the action if proof of these acts or practices is submitted to the satisfaction
10of the court.
SB451, s. 7
11Section
7. 100.207 (6) (c) of the statutes is amended to read:
SB451,11,1712
100.207
(6) (c) Any person who violates
subs. (2) to (4) this section shall be
13required to forfeit not less than $25 nor more than
$5,000 $10,000 for each offense.
14Each day of violation constitutes a separate offense. Forfeitures under this
15paragraph shall be enforced by the department of justice, after consulting with the
16department of agriculture, trade and consumer protection, or, upon informing the
17department, by the district attorney of the county where the violation occurs.
SB451, s. 8
18Section
8. 100.207 (6) (em) 1. of the statutes is amended to read:
SB451,11,2419
100.207
(6) (em) 1. Before preparing any proposed rule under
this section par.
20(e), the department shall form an advisory group to suggest recommendations
21regarding the content and scope of the proposed rule. The advisory group shall
22consist of one or more persons who may be affected by the proposed rule, a
23representative from the department of justice
, and a representative from the public
24service commission.
SB451, s. 9
25Section
9. 100.207 (6) (g) of the statutes is created to read:
SB451,12,4
1100.207
(6) (g) Nothing in this subsection precludes the department from
2seeking a remedy or penalty in accordance with the rules promulgated under sub.
3(7). Practices in violation of sub. (3) may also constitute a violation of the rules
4promulgated under sub. (7).
SB451, s. 10
5Section
10. 100.207 (7) of the statutes is created to read:
SB451,12,136
100.207
(7) Administration of federal communications commission rules. 7The department shall administer and enforce the federal communications
8commission's unauthorized carrier change rules and remedies under
47 CFR 64.1110 9to
64.1190 and shall notify the federal communications commission, in accordance
10with
47 CFR 64.1110 (a), of its intention to administer and enforce those rules and
11remedies. In addition to the rules promulgated under sub. (6) (e), the department
12shall promulgate rules that are consistent with the commission's unauthorized
13carrier change rules and remedies under
47 CFR 64.1110 to
64.1190.
SB451, s. 11
14Section
11. 196.01 (8) of the statutes is amended to read:
SB451,12,1915
196.01
(8) "Small telecommunications utility" means
, except as provided in s.
16196.204 (1r) (a) 5. and (3) (b), any telecommunications utility or a successor in
17interest of a telecommunications utility that provided landline local and access
18telecommunications service as of January 1, 1984, and that has less than 50,000
19access lines in use in this state.
SB451, s. 12
20Section
12. 196.025 (6) of the statutes is created to read:
SB451,12,2321
196.025
(6) (a) In this subsection, "intrastate telecommunications service
22provider" means any telecommunications provider that provides intrastate
23telecommunications service or Internet access service.
SB451,13,424
(b) The commission shall investigate competition among intrastate
25telecommunications service providers during the 5-year period after the effective
1date of this paragraph .... [revisor inserts date], and submit a report to the
2appropriate standing committees of the legislature under s. 13.172 (3) that assesses
3the relationship between the regulatory and competitive status of all intrastate
4telecommunications providers, including an assessment of all of the following:
SB451,13,65
1. The status of competition among intrastate telecommunications service
6providers, including all of the following:
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a. The number of different intrastate telecommunications providers in
8different product and geographic markets in this state as compared to national data.
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b. The prices of all telecommunications services offered by the different
10intrastate telecommunications service providers in this state as compared to
11national averages.
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c. The market power of the different intrastate telecommunications providers
13in this state as compared to national data.
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2. The differences in the level of regulation applicable to the different intrastate
15telecommunications service providers in this state.
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3. A comparison of the retail service quality credit plans offered by the different
17intrastate telecommunications service providers in this state and a comparison
18between such plans that are offered in this state and elsewhere in the nation.
SB451,13,2419
4. The barriers to effective competition, as defined in rules promulgated by the
20commission, in markets for telecommunications services offered by intrastate
21telecommunications providers, including the barriers to entry into different product
22and geographic markets, and including of whether the barriers are unreasonable
23and whether any barrier results from anticompetitive behavior of any intrastate
24telecommunications provider.
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15. The total number of different types of complaints by residential customers
2to the commission or the department of agriculture, trade and consumer protection
3regarding each intrastate telecommunications provider.
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6. For each intrastate telecommunications provider, of the total number of
5different types of complaints under subd. 1., the number of different types of
6complaints that are due to circumstances that are the fault of the intrastate
7telecommunications provider.
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7. The availability, price, and quality of unbundled network elements,
9interconnection, and collocation provided by the different intrastate
10telecommunications providers.
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8. The effectiveness of the compliance plans established in the order under s.
12196.1995 (5) (a).
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9. Any other factor that the commission determines is relevant to competition
14among intrastate telecommunications providers.
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(c) The report under par. (b) shall include any proposals for legislation
16recommended by the commission, including any proposals for remedying
17anti-competitive behavior of intrastate telecommunications providers. If the
18proposals do not include recommendations for requiring intrastate
19telecommunications providers to structurally separate wholesale and retail
20operations into separate, independently operated affiliates, the report shall indicate
21the commission's reasons for not making such a recommendation.
SB451, s. 13
22Section
13. 196.195 (1) of the statutes is renumbered 196.195 (1r).
SB451, s. 14
23Section
14. 196.195 (1g) of the statutes is created to read:
SB451,14,2524
196.195
(1g) Definition. In this section, "effective competition" has the
25meaning given in rules promulgated by the commission.
SB451, s. 15
1Section
15. 196.196 (1) (c) 1. of the statutes is amended to read:
SB451,16,72
196.196
(1) (c) 1. A price-regulated telecommunications utility may not
3increase its rates for services under par. (a), except for basic message
4telecommunications service, for a period of 3 years after electing to become price
5regulated. Following the initial 3-year period for services under par. (a), except for
6basic message telecommunications service, and at any time for basic message
7telecommunications service, a price-regulated telecommunications utility may
8increase its rates for those services to the extent that the change in the revenue
9weighted price indices does not exceed 2 percentage points less than the most recent
10annual change in the gross domestic product price index, as published by the federal
11government. The commission shall, by rule, create a penalty mechanism for up to
12a one percentage point increase in the percentage offset for inadequate service
13provided by or insufficient investment made by a price-regulated
14telecommunications utility. The commission shall, by rule, create an incentive
15mechanism for up to a one percentage point decrease in the percentage offset to
16encourage infrastructure investment by the price-regulated telecommunications
17utility. For a telecommunications utility with more than 500,000 access lines in use
18in this state at the time of electing to become price regulated, the percentage offset
19to the change in the gross domestic product price index shall be 3 percentage points
20and, the penalty mechanism
shall be up to a 10 percentage point increase, and
the 21incentive mechanism shall be up to
a 2 percentage
points point decrease. No earlier
22than 6 years after September 1, 1994, and no more frequently than every 3 years
23thereafter, the commission may, following notice and an opportunity for hearing, by
24rule increase or decrease the gross domestic product price index percentage offset by
25a maximum of one percentage point in any 12-month period to reflect any statewide
1changes in the productivity experience of the telecommunications industry. The
2commission shall promulgate rules to identify the factors that the commission may
3consider in determining changes in the productivity experience of the
4telecommunications industry. If application of the price regulation index formula
5achieves a negative result, prices shall be reduced so that the cumulative price
6change for services under par. (a), including prior price reductions in these services,
7achieves the negative result.
SB451, s. 16
8Section
16. 196.196 (1) (em) of the statutes is created to read:
SB451,16,119
196.196
(1) (em) 1. In this paragraph, "small business rates" means rates for
10standard business access lines and usage by small businesses with no more than 3
11access lines.
SB451,17,212
2. Notwithstanding pars. (c), (d), and (e), the commission shall investigate
13whether to allow price-regulated telecommunications utilities to increase small
14business rates in geographic areas specified by the commission. The commission
15shall complete the investigation no later than the first day of the 13th month
16beginning after the effective date of this subdivision .... [revisor inserts date]. The
17commission may allow such an increase in a geographic area only if, as a result of the
18investigation, the commission determines that effective competition, as defined in
19rules promulgated by the commission, exists in the geographic area. If the
20commission makes such a determination, a price-regulated telecommunications
21utility may petition the commission to increase small business rates in the
22geographic area. If a price-regulated telecommunications utility includes with a
23petition a statement that, if the petition is granted, the utility agrees to allow
24customers with whom the utility has contracts for small business rates to terminate
25the contracts as provided in subd. 3., the commission shall grant the petition, except
1that the commission may not grant a petition until after the commission's order
2under s. 196.219 (3m) (b) goes into effect.
SB451,17,123
3. Notwithstanding any provision in a tariff filed under s. 196.194 (1), if the
4commission grants a petition filed by a price-regulated telecommunications utility
5under subd. 2., a customer of the utility may, no later than one year after the effective
6date of the commission's order granting the petition, terminate, without penalty, a
7contract with the utility for small business rates before the expiration of the contract
8if the customer terminates the contract for the purpose of entering into a new
9contract for small business rates with another telecommunications provider.
10Termination of a contract under this subdivision is effective when the
11price-regulated telecommunications utility receives oral or written notice from a
12customer.
SB451,17,2113
4. If the commission grants a petition filed by a price-regulated
14telecommunications utility under subd. 2., the utility shall give notice to its
15customers that are subject to small business rates that describes the small business
16rate increase approved by the commission and the right of customers to terminate
17contracts under subd. 3. The notice shall be published in a newspaper of general
18circulation in the affected geographic area within a reasonable time period after the
19commission grants the petition, and shall be included in or on the bill of each
20customer that is subject to small business rates in the billing first following the
21commission's granting of the petition.
SB451, s. 17
22Section
17. 196.196 (1) (g) 1. (intro.) of the statutes is amended to read:
SB451,18,623
196.196
(1) (g) 1. (intro.) Five years after a telecommunications utility elects
24to become a price-regulated telecommunications utility or, if subd. 4. applies, within
25the dates specified in that subdivision, the commission shall hold a hearing, and at
1any time thereafter, upon complaint or on the commission's own motion, the
2commission may hold a hearing, to determine whether it is in the public interest to
3suspend one or more of the provisions of this subsection
, except par. (em), as it applies
4to a price-regulated telecommunications utility or to approve an alternative
5regulatory method for that utility. In making a determination under this
6subdivision, the commission shall identify all of the following:
SB451, s. 18
7Section
18. 196.196 (3) (a) of the statutes is amended to read:
SB451,18,128
196.196
(3) (a) Except to the extent expressly permitted by this section and ss.
9196.19 (1m), 196.194, 196.195,
196.1995, 196.20 (1m), 196.204, 196.209
, and
10196.219, the commission may not have jurisdiction over the prices or terms and
11conditions for the offering of any other services, including new telecommunications
12services, offered by a price-regulated telecommunications utility.
SB451, s. 19
13Section
19. 196.196 (6) (title) of the statutes is created to read:
SB451,18,1414
196.196
(6) (title)
Mandatory credits.
SB451, s. 20
15Section
20. 196.196 (6) (a) of the statutes is created to read:
SB451,18,1616
196.196
(6) (a)
Definitions. In this subsection:
SB451,18,1917
1. "Customer" means any person, including a telecommunications provider,
18that uses the services, products, or facilities provided by a telecommunications
19utility.
SB451,18,2320
2. "End-user customer" means a person that receives local exchange service
21from a telecommunications utility or another telecommunications provider, and that
22does not resell the local exchange service or use such service to provide
23telecommunications service to any other customer.
SB451,19,3
13. "Large price-regulated telecommunications utility" means a
2price-regulated telecommunications utility that has more than 500,000 access lines
3in use in this state at the time of electing to become price regulated.
SB451,19,44
4. "Local exchange service" has the meaning given in s. 196.50 (1) (b) 1.
SB451,19,75
5. "Telecommunications utility" means a large price-regulated
6telecommunications utility or a telecommunications utility specified by the
7commission in an order under par. (f).
SB451, s. 21
8Section
21. 196.196 (6) (b) of the statutes is created to read:
SB451,19,139
196.196
(6) (b)
Service disruptions. 1. If the local exchange service of an
10end-user customer is disrupted by a telecommunications utility and remains
11disrupted for more than 24 hours after the disruption is reported to the
12telecommunications utility, the utility shall issue a credit in an amount specified in
13subd. 2. to the end-user customer unless one of the following applies:
SB451,19,1514
a. The disruption is caused by the end-user customer or the end-user
15customer's telecommunications equipment.
SB451,19,1716
b. The disruption is caused by a natural disaster, act of God, military action,
17war, insurrection, or riot.
SB451,19,1918
c. The end-user customer fails to keep an appointment to repair the disruption
19and the utility is not able to obtain access to repair the disruption.
SB451,19,2320
2. If service is disrupted for 24 hours or more, the amount of the credit under
21subd. 1. shall be $35 for each primary residential line, $5 for each other residential
22line, $135 for each main billing business line, and $25 for each other business line,
23for each 24-hour period, or portion of a 24-hour period, in which service is disrupted.
SB451, s. 22
24Section
22. 196.196 (6) (c) of the statutes is created to read:
SB451,20,7
1196.196
(6) (c)
Failure to install local exchange service. 1. Except as provided
2in subd. 2., if a telecommunications utility fails to install local exchange service or
3related equipment within 5 business days after an end-user customer places an
4order for the service or equipment, the telecommunications utility shall issue a credit
5to the end-user customer in an amount equal to $35 for each residential line and
6$135 for each business line for each business day, or portion of a business day, beyond
7the 5th business day that the service or equipment is not installed.
SB451,20,88
2. Subdivision 1. does not apply to any of the following:
SB451,20,109
a. The installation of service in an undeveloped area where there are no
10telecommunications facilities.
SB451,20,1211
b. A failure to install that is caused by a natural disaster, act of God, military
12action, war, insurrection, or riot.
SB451,20,1513
c. A failure to install resulting from the end-user customer voluntarily
14changing the installation date without providing notice 48 hours before the
15originally scheduled installation date.
SB451, s. 23
16Section
23. 196.196 (6) (d) of the statutes is created to read:
SB451,20,1817
196.196
(6) (d)
Failure to keep appointments. 1. A telecommunications utility
18shall do all of the following:
SB451,20,2219
a. Except as provided in subd. 2., if the utility fails to keep an appointment to
20install service or make on-premises or outside repairs for an end-user customer,
21issue a $35 credit for each residential line and a $135 credit for each business line
22that is affected by the failure.
SB451,20,2423
b. Inform an end-user customer about the utility's obligation to issue a credit
24under subd. 1. a. at the time an appointment is made.
SB451,21,4
12. Subdivision 1. a. does not apply if the telecommunications utility provides
2the end-user customer with 24-hour advance notice that the utility is not able to
3keep the appointment or if a natural disaster, act of God, military action, war,
4insurrection, or riot prevents the utility from keeping the appointment.
SB451, s. 24
5Section
24. 196.196 (6) (e) of the statutes is created to read:
SB451,21,96
196.196
(6) (e)
Credit procedure. 1. If a telecommunications utility is required
7to provide a credit to an end-user customer under this subsection, the
8telecommunications utility shall issue the credit by adjusting the end-user
9customer's first bill following the event for which the credit is required.
SB451,21,1210
2. Except for an end-user customer report under par. (b) 1., a
11telecommunications utility may not require an end-user customer to provide any
12notice as a condition for issuing a credit required under this subsection.
SB451, s. 25
13Section
25. 196.196 (6) (f) of the statutes is created to read:
SB451,21,1714
196.196
(6) (f)
Applicability. If necessary to protect the public interest, the
15commission may, upon complaint or its own motion, issue an order specifying
16telecommunications utilities in addition to large price-regulated
17telecommunications utilities that are subject to the requirements of this subsection.
SB451, s. 26
18Section
26. 196.196 (6) (g) of the statutes is created to read:
SB451,21,2019
196.196
(6) (g)
Other remedies available. The remedies under this subsection
20are not exclusive.
SB451, s. 27
21Section
27. 196.196 (6) (h) of the statutes is created to read:
SB451,21,2422
196.196
(6) (h)
Sunset. 1. Except as provided in subd. 2., this subsection does
23not apply after the first day of the 60th month beginning after the effective date of
24this subdivision .... [revisor inserts date].
SB451,22,3
12. If necessary to protect the public interest, the commission may, after notice
2and hearing, issue an order providing that this subsection applies after the date
3specified in subd. 1.