2007 Wisconsin Act 42

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.

42,57 Section 57. 196.85 (1m) (d) of the statutes is created to read:

196.85 (1m) (d) For the purpose of direct assessment under sub. (1) of expenses incurred by the commission in connection with its activities under s. 182.017, the term "public utility" includes a company, as defined in s. 182.017 (1g) (b).

42,58 Section 58. 943.46 (title) of the statutes is amended to read:

943.46 (title) Theft of cable television video service.

42,59 Section 59. 943.46 (1) (a) of the statutes is renumbered 943.46 (1) (c) and amended to read:

943.46 (1) (c) "Cable television Video service" has the meaning given in s. 196.01 (1p). "Cable television 66.0420 (2) (y), except that "video service" does not include signals received by privately owned antennas that are not connected to a cable television system video service network whether or not the same signals are provided by a cable television company video service provider.

42,60 Section 60. 943.46 (1) (d) of the statutes is created to read:

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

42,61 Section 61. 943.46 (1) (e) of the statutes is created to read:

943.46 (1) (e) "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).

42,62 Section 62. 943.46 (2) (a) of the statutes is amended to read:

943.46 (2) (a) Obtain or attempt to obtain cable television video service from a company provider by trick, artifice, deception, use of an illegal device or illegal decoder or other fraudulent means with the intent to deprive that company provider of any or all lawful compensation for rendering each type of service obtained. The intent required for a violation of this paragraph may be inferred from the presence on the property and in the actual possession of the defendant of a device not authorized by the cable television company video service provider, the major purpose of which is to permit reception of cable television video services without payment. This inference is rebutted if the defendant demonstrates that he or she purchased that device for a legitimate use.

42,63 Section 63. 943.46 (2) (b) of the statutes is amended to read:

943.46 (2) (b) Give technical assistance or instruction to any person in obtaining or attempting to obtain any cable television video service without payment of all lawful compensation to the company provider providing that service. This paragraph does not apply if the defendant demonstrates that the technical assistance or instruction was given or the installation of the connection, descrambler or receiving device was for a legitimate use.

42,64 Section 64. 943.46 (2) (c) of the statutes is amended to read:

943.46 (2) (c) Make or maintain a connection, whether physical, electrical, mechanical, acoustical or by other means, with any cables, wires, components or other devices used for the distribution of cable television video services for the purpose of distributing cable television video service to any other dwelling unit without authority from a cable television company video service provider.

42,65 Section 65. 943.46 (2) (d) of the statutes is amended to read:

943.46 (2) (d) Make or maintain a connection, whether physical, electrical, mechanical, acoustical or by other means, with any cables, wires, components or other devices used for the distribution of cable television video services for the purpose of obtaining cable television video service without payment of all lawful compensation to the company provider providing that service. The intent required for a violation of this paragraph may be inferred from proof that the cable video service to the defendant's residence or business was connected under a service agreement with the defendant and has been disconnected by the cable television company video service provider and that thereafter there exists in fact a connection to the cable system video service network at the defendant's residence or business.

42,66 Section 66. 943.46 (2) (e) of the statutes is amended to read:

943.46 (2) (e) Make or maintain any modification or alteration to any device installed with the authorization of a cable television company video service provider for the purpose of intercepting or receiving any program or other service carried by that company provider which that person is not authorized by that company provider to receive. The intent required for a violation of this paragraph may be inferred from proof that, as a matter of standard procedure, the cable television company video service provider places written warning labels on its converters or decoders explaining that tampering with the device is a violation of law and the converter or decoder is found to have been tampered with, altered or modified so as to allow the reception or interception of programming carried by the cable television company video service provider without authority to do so. The trier of fact may also infer that a converter or decoder has been altered or modified from proof that the cable television company video service provider, as a matter of standard procedure, seals the converters or decoders with a label or mechanical device, that the seal was shown to the customer upon delivery of the decoder and that the seal has been removed or broken. The inferences under this paragraph are rebutted if the cable television company video service provider cannot demonstrate that the intact seal was shown to the customer.

42,67 Section 67. 943.46 (2) (f) of the statutes is amended to read:

943.46 (2) (f) Possess without authority any device or printed circuit board designed to receive from a cable television system video service network any cable television video programming or services offered for sale over that cable television system video service network, whether or not the programming or services are encoded, filtered, scrambled or otherwise made unintelligible, or perform or facilitate the performance of any of the acts under pars. (a) to (e) with the intent that that device or printed circuit be used to receive that cable television company's video service provider's services without payment. Intent to violate this paragraph for direct or indirect commercial advantage or private financial gain may be inferred from proof of the existence on the property and in the actual possession of the defendant of a device if the totality of circumstances, including quantities or volumes, indicates possession for resale.

42,68 Section 68. 943.46 (2) (g) of the statutes is amended to read:

943.46 (2) (g) Manufacture, import into this state, distribute, publish, advertise, sell, lease or offer for sale or lease any device, printed circuit board or any plan or kit for a device or for a printed circuit designed to receive the cable television video programming or services offered for sale over a cable television system video service network from a cable television system video service network, whether or not the programming or services are encoded, filtered, scrambled or otherwise made unintelligible, with the intent that that device, printed circuit, plan or kit be used for the reception of that company's provider's services without payment. The intent required for a violation of this paragraph may be inferred from proof that the defendant has sold, leased or offered for sale or lease any device, printed circuit board, plan or kit for a device or for a printed circuit board in violation of this paragraph and during the course of the transaction for sale or lease the defendant expressly states or implies to the buyer that the product will enable the buyer to obtain cable television video service without charge.

42,69 Section 69. 943.46 (5) of the statutes is amended to read:

943.46 (5) Exception. This section does not affect the use by a person of cable television video services if the services have been paid for and the use is exclusive to the person's dwelling unit. This subsection does not prohibit a board or council of any city, village or town from specifying the number and manner of installation of outlets used by any such person for cable television video services and does not prohibit a cable television company video service provider, in any written contract with a subscriber, from requiring the company's provider's approval for any increase in the number of those outlets used.

42,69m Section 69m. Fiscal changes.

(1) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of financial institutions under section 20.144 (1) (g) of the statutes, as affected by the acts of 2007, the dollar amount is increased by $100,000 for fiscal year 2007-08 and the dollar amount is increased by $100,000 for fiscal year 2008-09 to increase funding for the purposes for which the appropriation is made.