Wisconsin Legislature: 42,32

(d) No cable television subscriber may be required to pay any extra fee for the installation and operation of a device requested under par. (a).

42,28g Section 28g. 134.43 (1g) of the statutes is created to read:

134.43 (1g) In this section:

(a) "Equipment" means equipment provided by a multichannel video provider that enables a subscriber to receive video programming.

(b) "Multichannel video provider" means an interim cable operator, as defined in s. 66.0420 (2) (n), video service provider, as defined in s. 66.0420 (2) (zg), or multichannel video programming distributor, as defined in 47 USC 522 (13).

(d) "Video programming" has the meaning given in s. 66.0420 (2) (x).

42,28n Section 28n. 134.43 (1m) (e) of the statutes is created to read:

134.43 (1m) (e) This subsection does not apply to a multichannel video provider that provides video programming via Internet protocol technology.

42,28r Section 28r. 134.43 (2) (a) of the statutes is amended to read:

134.43 (2) (a) Monitor the subscriber's cable equipment or the use of it, except to verify the system's integrity or to collect information for billing of pay services.

42,28w Section 28w. 134.43 (2m) (a) of the statutes is amended to read:

134.43 (2m) (a) A person may supply the name, address, or other information identifying a cable television subscriber or member of the subscriber's household to another person if the person receiving the information uses it only for billing of pay services or to send listings of cable television video programming programs to the subscriber and if the subscriber is notified in writing of that supplying of information, given the opportunity to object to that supplying and does not object to that supplying.

42,30 Section 30. 182.017 (1) of the statutes is renumbered 182.017 (1r) and amended to read:

182.017 (1r) Right-of-way for. Any domestic corporation organized to furnish telegraph or telecommunications service or transmit heat, power or electric current to the public or for public purposes, an independent system operator, as defined in s. 196.485 (1) (d), an independent transmission owner, as defined in s. 196.485 (1) (dm), or a cooperative association organized under ch. 185 or 193 to furnish telegraph or telecommunications service or a cooperative organized under ch. 185 to transmit heat, power or electric current to its members, company may, subject to ss. 30.44 (3m), 30.45, 86.16, and 196.491 (3) (d) 3m. and to reasonable regulations made by any city, village or town municipality through which its transmission lines or systems may pass, construct and maintain such lines or systems with all necessary appurtenances in, across or beneath any public highway or bridge or any stream or body of water, or upon any lands of any owner consenting thereto, and for such purpose may acquire lands or the necessary easements; and may connect and operate its lines or system with other lines or systems devoted to like business, within or without this state, and charge reasonable rates for the transmission and delivery of messages or the furnishing of heat, power, or electric light.

42,31 Section 31. 182.017 (1g) of the statutes is created to read:

182.017 (1g) Definitions. In this section:

(a) "Commission" means the public service commission.

(b) "Company" means any of the following:

1. A domestic corporation organized to furnish telegraph or telecommunications service or transmit heat, power, or electric current to the public or for public purposes.

2. An independent system operator, as defined in s. 196.485 (1) (d).

3. An independent transmission owner, as defined in s. 196.485 (1) (dm).

4. A cooperative association organized under ch. 185 or 193 to furnish telegraph or telecommunications service.

5. A cooperative association organized under ch. 185 to transmit heat, power, or electric current to its members.

6. An interim cable operator, as defined in s. 66.0420 (2) (n).

7. A video service provider, as defined in s. 66.0420 (2) (zg).

(d) "Video service network" has the meaning given in s. 66.0420 (2) (zb).

42,32 Section 32. 182.017 (3) of the statutes is amended to read:

182.017 (3) Abandoned lines removed. The public service commission after a public hearing as provided in s. 196.26, and subject to the right of review as provided in ch. 227, may declare any line to have been abandoned or discontinued, if the facts warrant such finding. Whenever such a finding shall have been made the corporation company shall remove such line, and on failure for 3 months after such finding of abandonment or discontinuance, any person owning land over, through or upon which such line shall pass, may remove the same, or the supervisors of any town within which said lines may be situated, may remove the said lines from the limits of its highways, and such person or supervisors shall be entitled to recover from the company owning the lines the expense for labor involved in removing the property.

42,33 Section 33. 182.017 (5) of the statutes is amended to read:

182.017 (5) Tree trimming. Any such corporation company which shall in any manner destroy, trim or injure any shade or ornamental trees along any such lines or systems, or, in the course of tree trimming or removal, cause any damage to buildings, fences, crops, livestock or other property, except by the consent of the owner, or after the right so to do has been acquired, shall be liable to the person aggrieved in 3 times the actual damage sustained, besides costs.

42,34 Section 34. 182.017 (6) of the statutes is amended to read:

182.017 (6) Municipal franchise required. No lighting or heating corporation or lighting or heating cooperative association shall have any right hereunder in any city, village or town municipality until it has obtained a franchise or written consent for the erection or installation of its lines from such city, village or town municipality.

42,35 Section 35. 182.017 (8) of the statutes is created to read:

182.017 (8) Commission review. (a) Upon complaint by a company that a regulation by a municipality under sub. (1r) is unreasonable, the commission shall set a hearing and, if the commission finds that the regulation is unreasonable, the regulation shall be void. If the commission determines that a municipal regulation that was in effect on January 1, 2007, and immediately prior to the effective date of this subsection .... [revisor inserts date], or that a community standard, as demonstrated through consistent practice and custom in the municipality, that was in effect on January 1, 2007, and immediately prior to the effective date of this subsection .... [revisor inserts date], is substantially the same as the municipal regulation complained of, there is a rebuttable presumption that the latter regulation is reasonable.

(am) A municipal regulation is unreasonable if it has the effect of creating a moratorium on the placement of company lines or systems under sub. (1r) or on the entrance into the municipality of a video service provider, as defined in s. 66.0420 (2) (zg), or is inconsistent with the purposes of s. 66.0420.

(b) A municipal regulation is unreasonable if it requires a company to pay more than the actual cost of functions undertaken by the municipality to manage company access to and use of municipal rights-of-way. These management functions include all of the following:

1. Registering companies, including the gathering and recording of information necessary to conduct business with a company.

2. Except as provided in provided in par. (c), issuing, processing, and verifying excavation or other company permit applications, including supplemental applications.

3. Inspecting company job sites and restoration projects.

4. Maintaining, supporting, protecting, or moving company equipment during work in municipal rights-of-way.

5. Undertaking restoration work inadequately performed by a company after providing notice and the opportunity to correct the work.

6. Revoking company permits.

7. Maintenance of databases.

8. Scheduling and coordinating highway, street, and right-of-way work relevant to a company permit.

(c) A municipal regulation is unreasonable if it requires a company to be responsible for fees under s. 182.0175 (1m) (bm) that may be assessed to a municipality as a member of the one-call system under s. 182.0175.

(d) It is reasonable for a municipal regulation to provide for the recovery of costs incurred under par. (b) 1., 2., 3, and 7. through a preexcavation permit fee.

(e) It is reasonable for a municipal regulation to provide for the recovery of costs incurred under par. (b) 4., 5., and 6. only from the company that is responsible for causing the municipality to incur the costs.

(f) Notwithstanding pars. (am) to (c), the commission may not find a regulation of the aesthetics of any compo nent of a video service network unreasonable if the regulation has a reasonable and clearly defined aesthetic objective or is necessary to maintain the value of adjoining or nearby private property.

42,36 Section 36. 182.017 (9) of the statutes is created to read:

182.017 (9) Time limit for permits. If a municipality establishes a permit process under sub. (1r), the municipality shall approve or deny a permit application no later than 60 days after receipt of the application, and, if the municipality fails to do so, the municipality shall be considered to have approved the application and granted the permit. If a municipality denies a permit application, the municipality shall provide the applicant a written explanation of the reasons for the denial at the time that the municipality denies the application.

42,37 Section 37. 196.01 (1g) of the statutes is amended to read:

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 or services provided by a commercial mobile radio service provider.

42,38 Section 38. 196.01 (1p) of the statutes is repealed and recreated to read:

196.01 (1p) "Cable service" has the meaning given in 47 USC 522 (6).

42,39 Section 39. 196.01 (9m) of the statutes is amended to read:

196.01 (9m) "Telecommunications service" means the offering for sale of the conveyance of voice, data or other information at any frequency over any part of the electromagnetic spectrum, including the sale of service for collection, storage, forwarding, switching and delivery incidental to such communication and including the regulated sale of customer premises equipment. "Telecommunications service" does not include cable television service or broadcast service.

42,40 Section 40. 196.01 (12g) of the statutes is created to read:

196.01 (12g) "Video service" has the meaning given in s. 66.0420 (2) (y).

42,41 Section 41. 196.01 (12r) of the statutes is created to read:

196.01 (12r) "Video service provider" has the meaning given in s. 66.0420 (2) (zg), and also includes an interim cable operator, as defined in s. 66.0420 (2) (n).

42,42 Section 42. 196.04 (4) (a) (intro.) and 2. (intro.) of the statutes are consolidated, renumbered 196.04 (4) (a) (intro.) and amended to read:

196.04 (4) (a) (intro.) In this subsection: 2. "Sewerage, "sewerage system operator" means any of the following:

42,43 Section 43. 196.04 (4) (a) 1. of the statutes is repealed.

42,44 Section 44. 196.04 (4) (a) 2. a. to e. of the statutes are renumbered 196.04 (4) (a) 1. to 5.

42,45 Section 45. 196.04 (4) (b) of the statutes is amended to read:

196.04 (4) (b) If the parties cannot agree and the commission finds that public convenience and necessity or the rendition of reasonably adequate service to the public requires that a public utility, telecommunications provider, sewerage system operator, or cable operator video service provider be permitted to extend its lines on, over or under the right-of-way of any railroad, or requires that the tracks of any railroad be extended on, over or under the right-of-way of any public utility, telecommunications provider, sewerage system operator, or cable operator video service provider, the commission may order the extension by the public utility, telecommunications provider, sewerage system operator, cable operator video service provider, or railroad on, over or under the right-of-way of the other if it will not materially impair the ability of the railroad, telecommunications provider, sewerage system operator, cable operator video service provider, or public utility, on, over or under whose right-of-way the extension would be made, to serve the public. The commission shall prescribe lawful conditions and compensation which the commission deems equitable and reasonable in light of all the circumstances.

42,46 Section 46. 196.195 (5) of the statutes is amended to read:

196.195 (5) Commission action. If after the proceedings under subs. (2), (3) and (4) the commission has determined that effective competition exists in the market for the telecommunications service which justifies a lesser degree of regulation and that lesser regulation in that market will serve the public interest, the commission may, by order, suspend any of the following provisions of law, except as provided under subs. (7) and (8): ch. 201 and s. 196.02 (2); s. 196.05; s. 196.06; s. 196.07; s. 196.09; s. 196.10; s. 196.12; s. 196.13 (2); s. 196.19; tariffing requirements under s. 196.194; s. 196.196 (1) or (5); s. 196.20; s. 196.204 (7); s. 196.21; s. 196.22; s. 196.26; s. 196.28; s. 196.37; s. 196.49; s. 196.52; s. 196.58; s. 196.60; s. 196.604; s. 196.77; s. 196.78; s. 196.79; and s. 196.805.

42,47 Section 47. 196.203 (1m) of the statutes is amended to read:

196.203 (1m) Any person claiming to be a cable television telecommunications service provider under this section shall annually file with the commission any information required by the commission to determine the gross income of the person which is derived from the operation of a cable television system.

42,48 Section 48. 196.203 (3) (b) (intro.) of the statutes is amended to read:

196.203 (3) (b) (intro.) The commission may not deny a petition filed under par. (a) by a provider of cable television service for alternative telecommunications utility status in a particular geographical area as not being in the public interest if basic local exchange service is provided in the same geographical area by any of the following:

42,49 Section 49. 196.203 (3) (b) 2. of the statutes is amended to read:

196.203 (3) (b) 2. Subject to par. (c), a telecommunications utility with 50,000 or less access lines in use in this state which also provides cable television service in that geographical area, if provision of cable television service began after September 1, 1994.

42,50 Section 50. 196.203 (3) (c) of the statutes is amended to read:

196.203 (3) (c) Paragraph (b) 2. shall not apply if the telecommunications utility's provision of cable television service is limited to the provision of satellite cable programming, as defined in s. 943.47 (1) (b).

42,51 Section 51. 196.203 (3) (d) of the statutes is amended to read:

196.203 (3) (d) Section 196.50 (1) (b) applies to an alternative telecommunications utility except for a provider of cable television service.

42,52 Section 52. 196.203 (3) (e) 1. (intro.) of the statutes is amended to read:

196.203 (3) (e) 1. (intro.) If a provider of cable television service files a petition under par. (a) for alternative telecommunications status to offer local exchange service, as defined in s. 196.50 (1) (b) 1., in a geographical area served by a telecommunications utility with less than 50,000 access lines in use in this state on September 1, 1994, or at any time thereafter, the commission may not deny the petition as not being in the public interest and shall do any of the following:

42,53 Section 53. 196.204 (7) of the statutes is repealed.

42,54 Section 54. 196.50 (1) (b) 2. e. of the statutes is amended to read:

196.50 (1) (b) 2. e. The holder of the permit and the applicant are both providers of cable television video service, if the holder's provision of cable television video service began after September 1, 1994. This subd. 2. e. does not apply if the holder's provision of cable television service is limited to the provision of satellite cable programming, as defined in s. 943.47 (1) (b).

42,55 Section 55. 196.50 (1) (c) of the statutes is amended to read:

196.50 (1) (c) Any provision in an agreement or municipal franchise that prohibits entry into the telecommunications or cable television video services market after September 1, 1994, is void. Paragraph (b) and this paragraph do not invalidate an ordinance enacted under s. 66.0419 which requires a provider of cable television services to obtain a franchise before offering those services.

42,56 Section 56. 196.85 (1m) (b) of the statutes is amended to read:

196.85 (1m) (b) For the purpose of direct assessment under sub. (1) of expenses incurred by the commission in connection with its activities under s. 196.04 (4), the term "public utility" includes a cable operator, as defined in s. 66.0419 (2) (b) video service provider.