SB451: Bill Text

SB451, s. 33 Section 33. 196.219 (1) (c) of the statutes is created to read:

SB451,29,4 196.219 (1) (c) "Wholesale services" include preordering, ordering and provisioning, maintenance and repair, network performance, unbundled elements, operator services and directory assistance, system performance, service center availability, billing, and any other service that the commission specifies by order.

SB451, s. 34 Section 34. 196.219 (3) (p) of the statutes is created to read:

SB451,29,9 196.219 (3) (p) Fail to provide wholesale services to another telecommunications provider on the same terms and conditions that the telecommunications utility or telecommunications provider provides to itself or to any of its affiliates.

SB451, s. 35 Section 35. 196.219 (3m) of the statutes is created to read:

SB451,29,11 196.219 (3m) Wholesale service standards. (a) In this subsection:

SB451,29,13 1. "Repeat trouble report" means a trouble report by a wholesale customer who has previously made a trouble report regarding the same wholesale service.

SB451,29,16 2. "Trouble report" means a report to a telecommunications provider by a wholesale customer about a problem regarding a wholesale service provided by the telecommunications provider.

SB451,29,20 (b) No later than the first day of the 4th month beginning after the effective date of this paragraph .... [revisor inserts date], the commission shall, by order, establish nondiscriminatory standards that, except as provided in par. (d), require a telecommunications provider to do all of the following:

SB451,29,21 1. Provision wholesale services and related facilities in a timely manner.

SB451,29,22 2. Repair wholesale service outages in a timely manner.

SB451,29,24 3. Minimize the frequency of trouble reports, including trouble reports within 30 days after initiating a wholesale service.

SB451,29,25 4. Minimize the frequency of repeat trouble reports.

SB451,30,7 (c) The order under par. (b) may require a telecommunications provider that fails to comply with the order to make payments to another telecommunications provider that is affected by the failure to comply or to the commission in amounts and according to schedules that are specified in the order. The commission may use the payments for any purpose determined by the commission relating to maintaining or improving telecommunications service quality, including compensating persons who are affected by the failure to comply with the order.

SB451,30,15 (d) The commission may, upon its own motion or a petition from an interested person, issue an order exempting a telecommunications provider from the order or any requirement of the order issued under par. (b), or imposing a requirement that is less stringent than a requirement of the order issued under par. (b), if the commission finds, after notice and hearing, that an order under this paragraph is in the public interest and the telecommunications provider that is the subject of the order has not violated the order issued under par. (b) or any other requirement of this section or any of the following:

SB451,30,17 1. A provision of the federal Telecommunications Act of 1996 relating to wholesale service.

SB451,30,19 2. A regulation or order issued under the federal Telecommunications Act of 1996 relating to wholesale service.

SB451,30,20 3. An interconnection agreement approved by the commission.

SB451,30,22 (e) After the commission issues the order under par. (b), the commission may promulgate rules that implement the requirements of this subsection.

SB451, s. 36 Section 36. 196.37 (2) of the statutes is amended to read:

SB451,31,12 196.37 (2) If the commission finds that any measurement, regulation, practice, act or service is unjust, unreasonable, insufficient, preferential, unjustly discriminatory or otherwise unreasonable or unlawful, or that any service is inadequate, or that any service which reasonably can be demanded cannot be obtained, the commission shall determine and make any just and reasonable order relating to a measurement, regulation, practice, act or service to be furnished, imposed, observed and followed in the future. An order under this subsection against a telecommunications provider may require the telecommunications provider to make payments in amounts specified in the order to persons affected by the measurement, regulation, practice, act, or service or to the commission. The commission may use any payment received under this subsection for any purpose determined by the commission relating to maintaining or improving telecommunications service quality, including compensating persons who are affected by the measurement, regulation, practice, act, or service.

SB451, s. 37 Section 37. 227.01 (13) (cm) of the statutes is created to read:

SB451,31,15 227.01 (13) (cm) Is an order under s. 196.196 (6) (f) or (h) 2., 196.1995 (5) (a), or 196.219 (1) (c) or (3m) (b).

SB451, s. 38 Section 38. Nonstatutory provisions.

SB451,31,17 (1) Rules defining "effective competition."

SB451,32,2 (a) Emergency rules. The public service commission shall use the procedure under section 227.24 of the statutes to promulgate the rules required under sections 196.025 (6) (b) 4., 196.195 (1g), and 196.196 (1) (em) 3. of the statutes, as affected by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, the emergency rules shall remain in effect until the date on which the permanent rules take effect. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the public service commission is not required to provide evidence that promulgating an emergency rule under this paragraph is necessary to preserve the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.

SB451,32,7 (b) Proposed permanent rules. The public service commission shall submit in proposed form the rules required under sections 196.025 (6) (b) 4., 196.195 (1g), and 196.196 (1) (em) 3. of the statutes, as affected by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 7th month beginning after the effective date of this paragraph.

SB451,32,12 (2) Proposed accounting rules for small telecommunications utilities. The public service commission shall submit in proposed form the rules required under sections 196.204 (3) (b) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 4th month beginning after the effective date of this subsection.

SB451, s. 39 Section 39 . Initial applicability.

SB451,32,16 (1) The treatment of section 100.207 (3) (a) and (d), (3m), (5), (6) (b) 1., (c), (em) 1., and (g), and (7) of the statutes first applies to changes in telecommunications services made on the effective date of this subsection.

SB451,32,18 (2) The treatment of section 196.196 (6) (b) of the statutes first applies to reports made on the effective date of this subsection.

SB451,32,20 (3) The treatment of section 196.196 (6) (c) of the statutes first applies to orders made on the effective date of this subsection.

SB451,32,22 (4) The treatment of section 196.37 (2) of the statutes first applies to orders issued on the effective date of this subsection.

SB451, s. 40 Section 40. Effective dates. This act takes effect on the day after publication, except as follows:

SB451,33,3 (1) The treatment of section 100.207 (3) (a) and (d), (3m), (5), (6) (b) 1., (c), (em) 1., and (g), and (7) of the statutes and Section 39 (1 ) of this act take effect on the first day of the 10th month beginning after publication.

SB451,33,4 (End)