Amendment SSA1-SB302

LRBs0406/1

MDK:cjs:ch

2003 - 2004 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 2003 SENATE BILL 302

March 2, 2004 - Offered by Senator Kanavas.

SB302-SSA1,1,9 An Act to repeal 196.196 (1) (a) 2. b.; to renumber 196.218 (4); to renumber and amend 196.199 (1); to consolidate, renumber and amend 196.196 (1) (a) 2. (intro.) and 2. a.; to amend 93.01 (1m), 133.07 (2), 196.01 (1g), 196.19 (1m) (a), 196.195 (1), 196.204 (1), 196.218 (3) (a) 3m., 196.219 (2) (a) and 196.219 (3) (f); and to create 66.0422, 196.01 (1k), 196.196 (3) (d), 196.199 (1) (a) 2., 196.199 (1) (b), 196.2035, 196.218 (4) (b) and 196.219 (2r) of the statutes; relating to: regulation of broadband service, requiring telecommunications utilities to provide unbundled network elements, and price regulation of telecommunications utilities.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB302-SSA1, s. 1 Section 1. 66.0422 of the statutes is created to read:

SB302-SSA1,2,3 66.0422 Broadband service. No city, village, town, or county may enact an ordinance or adopt a resolution that regulates providing, or offering to provide, broadband service, as defined in s. 196.01 (1k), to the public. This subsection does not prohibit a city, village, town, or county from regulating the use of a public right-of-way by a broadband service provider.

SB302-SSA1, s. 2 Section 2. 93.01 (1m) of the statutes, as affected by 2003 Wisconsin Act 63, is amended to read:

SB302-SSA1,2,14 93.01 (1m) "Business" includes any business, except that of banks, savings banks, credit unions, savings and loan associations, and insurance companies. "Business" includes public utilities and telecommunications carriers to the extent that their activities, beyond registration, notice, and reporting activities, are not regulated by the public service commission and includes public utility and telecommunications carrier methods of competition or trade and advertising practices that are exempt from regulation by the public service commission under s. 196.195, 196.196, 196.202, 196.203, 196.2035, 196.219, or 196.499 or by other action of the commission.

SB302-SSA1, s. 3 Section 3. 133.07 (2) of the statutes is amended to read:

SB302-SSA1,2,23 133.07 (2) This chapter does not prohibit activities of any public utility, as defined in s. 196.01 (5), or telecommunications carrier, as defined in s. 196.01 (8m), which are required by ch. 196 or rules or orders under ch. 196, activities necessary to comply with that chapter or those rules or orders or activities that are actively supervised by the public service commission. This subsection does not apply to activities of a public utility or telecommunications carrier that are exempt from public service commission regulation under s. 196.195, 196.196, 196.202, 196.203, 196.2035, 196.219 or 196.499 or by other action by the commission.

SB302-SSA1, s. 4 Section 4. 196.01 (1g) of the statutes is amended to read:

SB302-SSA1,3,9 196.01 (1g) "Basic local exchange service" means the provision to residential customers of an access facility, whether by wire, cable, fiber optics or radio, and essential usage within a local calling area for the transmission of high-quality 2-way interactive switched voice or data communication. "Basic local exchange service" includes extended community calling and extended area service. "Basic local exchange service" does not include additional access facilities or any discretionary or optional services that may be provided to a residential customer. "Basic local exchange service" does not include cable television service, broadband service, or services provided by a commercial mobile radio service provider.

SB302-SSA1, s. 5 Section 5. 196.01 (1k) of the statutes is created to read:

SB302-SSA1,3,14 196.01 (1k) "Broadband service" means a telecommunications service that conveys voice, data, or other information in either direction between a provider's facilities and a customer using any medium or technology in any of the following ways:

SB302-SSA1,3,15 (a) At a speed of 200 kilobits per second or more.

SB302-SSA1,3,16 (b) Via an intentional radiator, as defined in 47 CFR 15.3 (o).

SB302-SSA1, s. 6 Section 6. 196.19 (1m) (a) of the statutes is amended to read:

SB302-SSA1,4,2 196.19 (1m) (a) In this subsection, "new telecommunications service" means services that are not offered by the telecommunications utility before January 1, 1994, and alternative rate structures offered after December 31, 1993, for any telecommunications service that is offered before January 1, 1994, if the rate structure effective before January 1, 1994, continues to be available to new and existing customers. "New telecommunications service" includes additional functions and features on, and technological alternatives to, any telecommunications service offered before January 1, 1994. "New telecommunications service" does not include broadband service.

SB302-SSA1, s. 7 Section 7. 196.195 (1) of the statutes is amended to read:

SB302-SSA1,4,6 196.195 (1) Regulation imposed. Except as provided in this section and ss. 196.202, 196.203, 196.2035, 196.215 and 196.219, a telecommunications utility is subject to every applicable provision of this chapter and ch. 201.

SB302-SSA1, s. 8 Section 8. 196.196 (1) (a) 2. (intro.) and 2. a. of the statutes are consolidated, renumbered 196.196 (1) (a) 2. and amended to read:

SB302-SSA1,4,13 196.196 (1) (a) 2. The commission may include, following notice and opportunity for hearing, as part of the services subject to price regulation under this subsection all of the following: 2. a. Those those services and technological features found by the commission to be a necessary component of universal service under s. 196.218.

SB302-SSA1, s. 9 Section 9. 196.196 (1) (a) 2. b. of the statutes is repealed.

SB302-SSA1, s. 10 Section 10. 196.196 (3) (d) of the statutes is created to read:

SB302-SSA1,4,18 196.196 (3) (d) Notwithstanding pars. (a) to (c), this subsection does not apply to the offering of a broadband service by a price-regulated telecommunications utility.

SB302-SSA1, s. 11 Section 11. 196.199 (1) of the statutes is renumbered 196.199 (1) (intro.) and amended to read:

SB302-SSA1,4,21 196.199 (1) Definition Definitions. (intro.) In this section, "interconnection:

SB302-SSA1,4,22 (a) "Interconnection agreement" does not include an any of the following:

SB302-SSA1,4,24 1. An interconnection agreement to which a commercial mobile radio service provider is a party.

SB302-SSA1, s. 12 Section 12. 196.199 (1) (a) 2. of the statutes is created to read:

SB302-SSA1,5,6 196.199 (1) (a) 2. All or part of an interconnection agreement or of an amendment to an interconnection agreement that provides interconnection, a service, or a network element pursuant to 47 USC 251 (c) or 271 (c) (2) (B) that is used exclusively to provide a broadband service to an end user customer by the telecommunications provider procuring the interconnection, service, or network element under the interconnection agreement or amendment.

SB302-SSA1, s. 13 Section 13. 196.199 (1) (b) of the statutes is created to read:

SB302-SSA1,5,8 196.199 (1) (b) "Network element" has the meaning given in 47 USC 153 (29).

SB302-SSA1, s. 14 Section 14. 196.2035 of the statutes is created to read:

SB302-SSA1,5,11 196.2035 Exemption for broadband service. (1) In this section, "federal communications acts" means the federal acts codified under title 47 USC, ch. 5.

SB302-SSA1,5,15 (2) Notwithstanding any other provision in this chapter, the offering or provision of any broadband service to an end user customer who is not a telecommunications provider is not subject to regulation under this chapter, except as specified in sub. (3).

SB302-SSA1,5,22 (3) The commission may regulate the offering or provision of a broadband service to an end user customer who is not a telecommunications provider to the extent authorized or required in an order or regulation adopted after the effective date of this subsection by the federal communications commission under the federal communications acts. All orders or rules issued or promulgated by the commission under this subsection shall comply with and may not be more stringent than the requirements of the federal communications acts.

SB302-SSA1, s. 15 Section 15. 196.204 (1) of the statutes is amended to read:

SB302-SSA1,6,9 196.204 (1) Except for retained earnings, a telecommunications utility may not subsidize, directly or indirectly, any activity, including any activity of an affiliate, which is not subject to this chapter or is subject to this chapter under s. 196.194, 196.195, 196.202 or, 196.203, or 196.2035. No telecommunications utility may allocate any costs or expenses in a manner which would subsidize any activity which is not subject to this chapter or is subject to this chapter under s. 196.194, 196.195, 196.202 or, 196.203, or 196.2035. Except as provided in subs. (2) and (4) the commission may not allocate any revenue or expense so that a portion of a telecommunications utility's business which is fully regulated under this chapter is subsidized by any activity which is not regulated under this chapter or is partially deregulated under s. 196.194, 196.195, 196.202 or 196.203.

SB302-SSA1, s. 16 Section 16. 196.218 (3) (a) 3m. of the statutes is amended to read:

SB302-SSA1,6,15 196.218 (3) (a) 3m. Contributions under this paragraph may be based only on the gross operating revenues from the provision of broadcast services identified by the commission under subd. 2. and on intrastate telecommunications services, other than broadband services, in this state of the telecommunications providers subject to the contribution.

SB302-SSA1, s. 17 Section 17. 196.218 (4) of the statutes is renumbered 196.218 (4) (a).

SB302-SSA1, s. 18 Section 18. 196.218 (4) (b) of the statutes is created to read:

SB302-SSA1,6,19 196.218 (4) (b) In promulgating rules under par. (a), the commission may not specify that broadband service is a necessary component of universal service.

SB302-SSA1, s. 19 Section 19. 196.219 (2) (a) of the statutes is amended to read:

SB302-SSA1,7,2 196.219 (2) (a) Notwithstanding any exemptions identified in this chapter except s. ss. 196.202 and 196.2035, a telecommunications utility or provider shall provide protection to its consumers under this section unless exempted in whole or in part by rule or order of the commission under this section. The commission shall promulgate rules that identify the conditions under which provisions of this section may be suspended.

SB302-SSA1, s. 20 Section 20. 196.219 (2r) of the statutes is created to read:

SB302-SSA1,7,9 196.219 (2r) Interconnection, services, and unbundled network elements. A telecommunications utility shall provide interconnection, services, and unbundled network elements used to provide a broadband service to an end user customer who is not a telecommunications provider to the extent specifically required or authorized under 47 USC 251 (c) or 271 (c) (2) (B) and the regulations and orders of the federal communications commission promulgated thereunder.

SB302-SSA1, s. 21 Section 21. 196.219 (3) (f) of the statutes is amended to read:

SB302-SSA1,7,20 196.219 (3) (f) Refuse to provide basic local exchange service, business access line and usage service within a local calling area and access service on an unbundled basis to the same extent that the federal communications commission requires the telecommunications utility or provider to unbundle the same services provided under its jurisdiction. The Except as provided in sub. (2r), the public service commission may require additional unbundling of intrastate telecommunications services based on a determination, following notice and opportunity for hearing, that additional unbundling is required in the public interest and is consistent with the factors under s. 196.03 (6). The public service commission may order unbundling by a small telecommunications utility.

SB302-SSA1, s. 22 Section 22. Initial applicability.

SB302-SSA1,7,23 (1) The treatment of section 66.0422 of the statutes first applies to ordinances enacted and resolutions adopted on the effective date of this subsection.

SB302-SSA1,8,3 (2) The treatment of section 196.199 (1) (a) 2. and (b) of the statutes and the renumbering and amendment of section 196.199 (1) of the statutes first apply to interconnection agreements or amendments to interconnection agreements submitted to the public service commission for approval on the effective date of this subsection.

SB302-SSA1,8,4 (End)