SB451, s. 34
5Section
34. 196.219 (3) (p) of the statutes is created to read:
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196.219
(3) (p) Fail to provide wholesale services to another
7telecommunications provider on the same terms and conditions that the
8telecommunications utility or telecommunications provider provides to itself or to
9any of its affiliates.
SB451, s. 35
10Section
35. 196.219 (3m) of the statutes is created to read:
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196.219
(3m) Wholesale service standards. (a) In this subsection:
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1. "Repeat trouble report" means a trouble report by a wholesale customer who
13has previously made a trouble report regarding the same wholesale service.
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2. "Trouble report" means a report to a telecommunications provider by a
15wholesale customer about a problem regarding a wholesale service provided by the
16telecommunications provider.
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(b) No later than the first day of the 4th month beginning after the effective date
18of this paragraph .... [revisor inserts date], the commission shall, by order, establish
19nondiscriminatory standards that, except as provided in par. (d), require a
20telecommunications provider to do all of the following:
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1. Provision wholesale services and related facilities in a timely manner.
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2. Repair wholesale service outages in a timely manner.
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3. Minimize the frequency of trouble reports, including trouble reports within
2430 days after initiating a wholesale service.
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4. Minimize the frequency of repeat trouble reports.
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1(c) The order under par. (b) may require a telecommunications provider that
2fails to comply with the order to make payments to another telecommunications
3provider that is affected by the failure to comply or to the commission in amounts and
4according to schedules that are specified in the order. The commission may use the
5payments for any purpose determined by the commission relating to maintaining or
6improving telecommunications service quality, including compensating persons who
7are affected by the failure to comply with the order.
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(d) The commission may, upon its own motion or a petition from an interested
9person, issue an order exempting a telecommunications provider from the order or
10any requirement of the order issued under par. (b), or imposing a requirement that
11is less stringent than a requirement of the order issued under par. (b), if the
12commission finds, after notice and hearing, that an order under this paragraph is in
13the public interest and the telecommunications provider that is the subject of the
14order has not violated the order issued under par. (b) or any other requirement of this
15section or any of the following:
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1. A provision of the federal Telecommunications Act of 1996 relating to
17wholesale service.
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2. A regulation or order issued under the federal Telecommunications Act of
191996 relating to wholesale service.
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3. An interconnection agreement approved by the commission.
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(e) After the commission issues the order under par. (b), the commission may
22promulgate rules that implement the requirements of this subsection.
SB451, s. 36
23Section
36. 196.37 (2) of the statutes is amended to read:
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196.37
(2) If the commission finds that any measurement, regulation, practice,
25act or service is unjust, unreasonable, insufficient, preferential, unjustly
1discriminatory or otherwise unreasonable or unlawful, or that any service is
2inadequate, or that any service which reasonably can be demanded cannot be
3obtained, the commission shall determine and make any just and reasonable order
4relating to a measurement, regulation, practice, act or service to be furnished,
5imposed, observed and followed in the future.
An order under this subsection against
6a telecommunications provider may require the telecommunications provider to
7make payments in amounts specified in the order to persons affected by the
8measurement, regulation, practice, act, or service or to the commission. The
9commission may use any payment received under this subsection for any purpose
10determined by the commission relating to maintaining or improving
11telecommunications service quality, including compensating persons who are
12affected by the measurement, regulation, practice, act, or service.
SB451, s. 37
13Section
37. 227.01 (13) (cm) of the statutes is created to read:
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227.01
(13) (cm) Is an order under s. 196.196 (6) (f) or (h) 2., 196.1995 (5) (a),
15or 196.219 (1) (c) or (3m) (b).
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(1)
Rules defining "effective competition."
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(a)
Emergency rules. The public service commission shall use the procedure
19under section 227.24 of the statutes to promulgate the rules required under sections
20196.025 (6) (b) 4., 196.195 (1g), and 196.196 (1) (em) 3. of the statutes, as affected by
21this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, the emergency
22rules shall remain in effect until the date on which the permanent rules take effect.
23Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the public service
24commission is not required to provide evidence that promulgating an emergency rule
25under this paragraph is necessary to preserve the public peace, health, safety, or
1welfare and is not required to provide a finding of emergency for a rule promulgated
2under this paragraph.
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(b)
Proposed permanent rules. The public service commission shall submit in
4proposed form the rules required under sections 196.025 (6) (b) 4., 196.195 (1g), and
5196.196 (1) (em) 3. of the statutes, as affected by this act, to the legislative council
6staff under section 227.15 (1) of the statutes no later than the first day of the 7th
7month beginning after the effective date of this paragraph.
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(2)
Proposed accounting rules for small telecommunications utilities. The
9public service commission shall submit in proposed form the rules required under
10sections 196.204 (3) (b) of the statutes, as created by this act, to the legislative council
11staff under section 227.15 (1) of the statutes no later than the first day of the 4th
12month beginning after the effective date of this subsection.
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(1) The treatment of section 100.207 (3) (a) and (d), (3m), (5), (6) (b) 1., (c), (em)
151., and (g), and (7) of the statutes first applies to changes in telecommunications
16services made on the effective date of this subsection.
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(2) The treatment of section 196.196 (6) (b) of the statutes first applies to
18reports made on the effective date of this subsection.
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(3) The treatment of section 196.196 (6) (c) of the statutes first applies to orders
20made on the effective date of this subsection.
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(4) The treatment of section 196.37 (2) of the statutes first applies to orders
22issued on the effective date of this subsection.
SB451, s. 40
23Section
40.
Effective dates. This act takes effect on the day after publication,
24except as follows:
SB451,33,3
1(1)
The treatment of section 100.207 (3) (a) and (d), (3m), (5), (6) (b) 1., (c), (em)
21., and (g), and (7) of the statutes and
Section 39 (1
) of this act take effect on the first
3day of the 10th month beginning after publication.