AB207-ASA1,32,723 182.017 (3) Abandoned lines removed. The public service commission after a
24public hearing as provided in s. 196.26, and subject to the right of review as provided
25in ch. 227, may declare any line to have been abandoned or discontinued, if the facts

1warrant such finding. Whenever such a finding shall have been made the
2corporation company shall remove such line, and on failure for 3 months after such
3finding of abandonment or discontinuance, any person owning land over, through or
4upon which such line shall pass, may remove the same, or the supervisors of any town
5within which said lines may be situated, may remove the said lines from the limits
6of its highways, and such person or supervisors shall be entitled to recover from the
7company owning the lines the expense for labor involved in removing the property.
AB207-ASA1, s. 33 8Section 33. 182.017 (5) of the statutes is amended to read:
AB207-ASA1,32,149 182.017 (5) Tree trimming. Any such corporation company which shall in any
10manner destroy, trim or injure any shade or ornamental trees along any such lines
11or systems, or, in the course of tree trimming or removal, cause any damage to
12buildings, fences, crops, livestock or other property, except by the consent of the
13owner, or after the right so to do has been acquired, shall be liable to the person
14aggrieved in 3 times the actual damage sustained, besides costs.
AB207-ASA1, s. 34 15Section 34. 182.017 (6) of the statutes is amended to read:
AB207-ASA1,32,1916 182.017 (6) Municipal franchise required. No lighting or heating corporation
17or lighting or heating cooperative association shall have any right hereunder in any
18city, village or town municipality until it has obtained a franchise or written consent
19for the erection or installation of its lines from such city, village or town municipality.
AB207-ASA1, s. 35 20Section 35. 182.017 (8) of the statutes is created to read:
AB207-ASA1,32,2421 182.017 (8) Commission review. Upon complaint by a company that a
22regulation by a municipality under sub. (1r) is unreasonable, the commission shall
23set a hearing and, if the commission finds that the regulation is unreasonable, the
24regulation shall be void.
AB207-ASA1, s. 36 25Section 36. 182.017 (9) of the statutes is created to read:
AB207-ASA1,33,7
1182.017 (9) Time limit for permits. If a municipality establishes a permit
2process under sub. (1r), the municipality shall approve or deny a permit application
3no later than 60 days after receipt of the application, and, if the municipality fails
4to do so, the municipality shall be considered to have approved the application and
5granted the permit. If a municipality denies a permit application, the municipality
6shall provide the applicant a written explanation of the reasons for the denial at the
7time that the municipality denies the application.
AB207-ASA1, s. 37 8Section 37. 196.01 (1g) of the statutes is amended to read:
AB207-ASA1,33,179 196.01 (1g) "Basic local exchange service" means the provision to residential
10customers of an access facility, whether by wire, cable, fiber optics or radio, and
11essential usage within a local calling area for the transmission of high-quality
122-way interactive switched voice or data communication. "Basic local exchange
13service" includes extended community calling and extended area service. "Basic
14local exchange service" does not include additional access facilities or any
15discretionary or optional services that may be provided to a residential customer.
16"Basic local exchange service" does not include cable television service or services
17provided by a commercial mobile radio service provider.
AB207-ASA1, s. 38 18Section 38. 196.01 (1p) of the statutes is repealed and recreated to read:
AB207-ASA1,33,1919 196.01 (1p) "Cable service" has the meaning given in 47 USC 522 (6).
AB207-ASA1, s. 39 20Section 39. 196.01 (9m) of the statutes is amended to read:
AB207-ASA1,34,221 196.01 (9m) "Telecommunications service" means the offering for sale of the
22conveyance of voice, data or other information at any frequency over any part of the
23electromagnetic spectrum, including the sale of service for collection, storage,
24forwarding, switching and delivery incidental to such communication and including

1the regulated sale of customer premises equipment. "Telecommunications service"
2does not include cable television service or broadcast service.
AB207-ASA1, s. 40 3Section 40. 196.01 (12g) of the statutes is created to read:
AB207-ASA1,34,44 196.01 (12g) "Video service" has the meaning given in s. 66.0420 (2) (y).
AB207-ASA1, s. 41 5Section 41. 196.01 (12r) of the statutes is created to read:
AB207-ASA1,34,76 196.01 (12r) "Video service provider" has the meaning given in s. 66.0420 (2)
7(zg), and also includes an interim cable operator, as defined in s. 66.0420 (2) (n).
AB207-ASA1, s. 42 8Section 42. 196.04 (4) (a) (intro.) and 2. (intro.) of the statutes are
9consolidated, renumbered 196.04 (4) (a) (intro.) and amended to read:
AB207-ASA1,34,1110 196.04 (4) (a) (intro.) In this subsection: 2. "Sewerage, "sewerage system
11operator" means any of the following:
AB207-ASA1, s. 43 12Section 43. 196.04 (4) (a) 1. of the statutes is repealed.
AB207-ASA1, s. 44 13Section 44. 196.04 (4) (a) 2. a. to e. of the statutes are renumbered 196.04 (4)
14(a) 1. to 5.
AB207-ASA1, s. 45 15Section 45. 196.04 (4) (b) of the statutes is amended to read:
AB207-ASA1,35,516 196.04 (4) (b) If the parties cannot agree and the commission finds that public
17convenience and necessity or the rendition of reasonably adequate service to the
18public requires that a public utility, telecommunications provider, sewerage system
19operator, or cable operator video service provider be permitted to extend its lines on,
20over or under the right-of-way of any railroad, or requires that the tracks of any
21railroad be extended on, over or under the right-of-way of any public utility,
22telecommunications provider, sewerage system operator, or cable operator video
23service provider
, the commission may order the extension by the public utility,
24telecommunications provider, sewerage system operator, cable operator video
25service provider,
or railroad on, over or under the right-of-way of the other if it will

1not materially impair the ability of the railroad, telecommunications provider,
2sewerage system operator, cable operator video service provider, or public utility, on,
3over or under whose right-of-way the extension would be made, to serve the public.
4The commission shall prescribe lawful conditions and compensation which the
5commission deems equitable and reasonable in light of all the circumstances.
AB207-ASA1, s. 46 6Section 46. 196.195 (5) of the statutes is amended to read:
AB207-ASA1,35,167 196.195 (5) Commission action. If after the proceedings under subs. (2), (3) and
8(4) the commission has determined that effective competition exists in the market
9for the telecommunications service which justifies a lesser degree of regulation and
10that lesser regulation in that market will serve the public interest, the commission
11may, by order, suspend any of the following provisions of law, except as provided
12under subs. (7) and (8): ch. 201 and s. 196.02 (2); s. 196.05; s. 196.06; s. 196.07; s.
13196.09; s. 196.10; s. 196.12; s. 196.13 (2); s. 196.19; tariffing requirements under s.
14196.194; s. 196.196 (1) or (5); s. 196.20; s. 196.204 (7); s. 196.21; s. 196.22; s. 196.26;
15s. 196.28; s. 196.37; s. 196.49; s. 196.52; s. 196.58; s. 196.60; s. 196.604; s. 196.77; s.
16196.78; s. 196.79; and s. 196.805.
AB207-ASA1, s. 47 17Section 47. 196.203 (1m) of the statutes is amended to read:
AB207-ASA1,35,2118 196.203 (1m) Any person claiming to be a cable television telecommunications
19service provider under this section shall annually file with the commission any
20information required by the commission to determine the gross income of the person
21which is derived from the operation of a cable television system.
AB207-ASA1, s. 48 22Section 48. 196.203 (3) (b) (intro.) of the statutes is amended to read:
AB207-ASA1,36,223 196.203 (3) (b) (intro.) The commission may not deny a petition filed under par.
24(a) by a provider of cable television service for alternative telecommunications utility
25status in a particular geographical area as not being in the public interest if basic

1local exchange service is provided in the same geographical area by any of the
2following:
AB207-ASA1, s. 49 3Section 49. 196.203 (3) (b) 2. of the statutes is amended to read:
AB207-ASA1,36,74 196.203 (3) (b) 2. Subject to par. (c), a telecommunications utility with 50,000
5or less access lines in use in this state which also provides cable television service in
6that geographical area, if provision of cable television service began after September
71, 1994.
AB207-ASA1, s. 50 8Section 50. 196.203 (3) (c) of the statutes is amended to read:
AB207-ASA1,36,119 196.203 (3) (c) Paragraph (b) 2. shall not apply if the telecommunications
10utility's provision of cable television service is limited to the provision of satellite
11cable programming, as defined in s. 943.47 (1) (b).
AB207-ASA1, s. 51 12Section 51. 196.203 (3) (d) of the statutes is amended to read:
AB207-ASA1,36,1413 196.203 (3) (d) Section 196.50 (1) (b) applies to an alternative
14telecommunications utility except for a provider of cable television service.
AB207-ASA1, s. 52 15Section 52. 196.203 (3) (e) 1. (intro.) of the statutes is amended to read:
AB207-ASA1,36,2116 196.203 (3) (e) 1. (intro.) If a provider of cable television service files a petition
17under par. (a) for alternative telecommunications status to offer local exchange
18service, as defined in s. 196.50 (1) (b) 1., in a geographical area served by a
19telecommunications utility with less than 50,000 access lines in use in this state on
20September 1, 1994, or at any time thereafter, the commission may not deny the
21petition as not being in the public interest and shall do any of the following:
AB207-ASA1, s. 53 22Section 53. 196.204 (7) of the statutes is repealed.
AB207-ASA1, s. 54 23Section 54. 196.50 (1) (b) 2. e. of the statutes is amended to read:
AB207-ASA1,37,324 196.50 (1) (b) 2. e. The holder of the permit and the applicant are both providers
25of cable television video service, if the holder's provision of cable television video

1service began after September 1, 1994. This subd. 2. e. does not apply if the holder's
2provision of cable television service is limited to the provision of satellite cable
3programming, as defined in s. 943.47 (1) (b).
AB207-ASA1, s. 55 4Section 55. 196.50 (1) (c) of the statutes is amended to read:
AB207-ASA1,37,95 196.50 (1) (c) Any provision in an agreement or municipal franchise that
6prohibits entry into the telecommunications or cable television video services market
7after September 1, 1994, is void. Paragraph (b) and this paragraph do not invalidate
8an ordinance enacted under s. 66.0419 which requires a provider of cable television
9services to obtain a franchise before offering those services.
AB207-ASA1, s. 56 10Section 56. 196.85 (1m) (b) of the statutes is amended to read:
AB207-ASA1,37,1411 196.85 (1m) (b) For the purpose of direct assessment under sub. (1) of expenses
12incurred by the commission in connection with its activities under s. 196.04 (4), the
13term "public utility" includes a cable operator, as defined in s. 66.0419 (2) (b) video
14service provider
.
AB207-ASA1, s. 57 15Section 57. 196.85 (1m) (d) of the statutes is created to read:
AB207-ASA1,37,1816 196.85 (1m) (d) For the purpose of direct assessment under sub. (1) of expenses
17incurred by the commission in connection with its activities under s. 182.017, the
18term "public utility" includes a company, as defined in s. 182.017 (1g) (b).
AB207-ASA1, s. 58 19Section 58. 943.46 (title) of the statutes is amended to read:
AB207-ASA1,37,20 20943.46 (title) Theft of cable television video service.
AB207-ASA1, s. 59 21Section 59. 943.46 (1) (a) of the statutes is renumbered 943.46 (1) (c) and
22amended to read:
AB207-ASA1,38,223 943.46 (1) (c) "Cable television Video service" has the meaning given in s.
24196.01 (1p). "Cable television 66.0420 (2) (y), except that "video service" does not
25include signals received by privately owned antennas that are not connected to a

1cable television system video service network whether or not the same signals are
2provided by a cable television company video service provider.
AB207-ASA1, s. 60 3Section 60. 943.46 (1) (d) of the statutes is created to read:
AB207-ASA1,38,54 943.46 (1) (d) "Video service network" has the meaning given in s. 66.0420 (2)
5(zb).
AB207-ASA1, s. 61 6Section 61. 943.46 (1) (e) of the statutes is created to read:
AB207-ASA1,38,87 943.46 (1) (e) "Video service provider" has the meaning given in s. 66.0420 (2)
8(zg), and also includes an interim cable operator, as defined in s. 66.0420 (2) (n).
AB207-ASA1, s. 62 9Section 62. 943.46 (2) (a) of the statutes is amended to read:
AB207-ASA1,38,1910 943.46 (2) (a) Obtain or attempt to obtain cable television video service from
11a company provider by trick, artifice, deception, use of an illegal device or illegal
12decoder or other fraudulent means with the intent to deprive that company provider
13of any or all lawful compensation for rendering each type of service obtained. The
14intent required for a violation of this paragraph may be inferred from the presence
15on the property and in the actual possession of the defendant of a device not
16authorized by the cable television company video service provider, the major purpose
17of which is to permit reception of cable television video services without payment.
18This inference is rebutted if the defendant demonstrates that he or she purchased
19that device for a legitimate use.
AB207-ASA1, s. 63 20Section 63. 943.46 (2) (b) of the statutes is amended to read:
AB207-ASA1,39,221 943.46 (2) (b) Give technical assistance or instruction to any person in
22obtaining or attempting to obtain any cable television video service without payment
23of all lawful compensation to the company provider providing that service. This
24paragraph does not apply if the defendant demonstrates that the technical

1assistance or instruction was given or the installation of the connection, descrambler
2or receiving device was for a legitimate use.
AB207-ASA1, s. 64 3Section 64. 943.46 (2) (c) of the statutes is amended to read:
AB207-ASA1,39,84 943.46 (2) (c) Make or maintain a connection, whether physical, electrical,
5mechanical, acoustical or by other means, with any cables, wires, components or
6other devices used for the distribution of cable television video services for the
7purpose of distributing cable television video service to any other dwelling unit
8without authority from a cable television company video service provider.
AB207-ASA1, s. 65 9Section 65. 943.46 (2) (d) of the statutes is amended to read:
AB207-ASA1,39,1910 943.46 (2) (d) Make or maintain a connection, whether physical, electrical,
11mechanical, acoustical or by other means, with any cables, wires, components or
12other devices used for the distribution of cable television video services for the
13purpose of obtaining cable television video service without payment of all lawful
14compensation to the company provider providing that service. The intent required
15for a violation of this paragraph may be inferred from proof that the cable video
16service to the defendant's residence or business was connected under a service
17agreement with the defendant and has been disconnected by the cable television
18company
video service provider and that thereafter there exists in fact a connection
19to the cable system video service network at the defendant's residence or business.
AB207-ASA1, s. 66 20Section 66. 943.46 (2) (e) of the statutes is amended to read:
AB207-ASA1,40,1321 943.46 (2) (e) Make or maintain any modification or alteration to any device
22installed with the authorization of a cable television company video service provider
23for the purpose of intercepting or receiving any program or other service carried by
24that company provider which that person is not authorized by that company provider
25to receive. The intent required for a violation of this paragraph may be inferred from

1proof that, as a matter of standard procedure, the cable television company video
2service provider
places written warning labels on its converters or decoders
3explaining that tampering with the device is a violation of law and the converter or
4decoder is found to have been tampered with, altered or modified so as to allow the
5reception or interception of programming carried by the cable television company
6video service provider without authority to do so. The trier of fact may also infer that
7a converter or decoder has been altered or modified from proof that the cable
8television company
video service provider, as a matter of standard procedure, seals
9the converters or decoders with a label or mechanical device, that the seal was shown
10to the customer upon delivery of the decoder and that the seal has been removed or
11broken. The inferences under this paragraph are rebutted if the cable television
12company
video service provider cannot demonstrate that the intact seal was shown
13to the customer.
AB207-ASA1, s. 67 14Section 67. 943.46 (2) (f) of the statutes is amended to read:
AB207-ASA1,41,215 943.46 (2) (f) Possess without authority any device or printed circuit board
16designed to receive from a cable television system video service network any cable
17television
video programming or services offered for sale over that cable television
18system
video service network, whether or not the programming or services are
19encoded, filtered, scrambled or otherwise made unintelligible, or perform or
20facilitate the performance of any of the acts under pars. (a) to (e) with the intent that
21that device or printed circuit be used to receive that cable television company's video
22service provider's
services without payment. Intent to violate this paragraph for
23direct or indirect commercial advantage or private financial gain may be inferred
24from proof of the existence on the property and in the actual possession of the

1defendant of a device if the totality of circumstances, including quantities or
2volumes, indicates possession for resale.
AB207-ASA1, s. 68 3Section 68. 943.46 (2) (g) of the statutes is amended to read:
AB207-ASA1,41,174 943.46 (2) (g) Manufacture, import into this state, distribute, publish,
5advertise, sell, lease or offer for sale or lease any device, printed circuit board or any
6plan or kit for a device or for a printed circuit designed to receive the cable television
7video programming or services offered for sale over a cable television system video
8service network
from a cable television system video service network, whether or not
9the programming or services are encoded, filtered, scrambled or otherwise made
10unintelligible, with the intent that that device, printed circuit, plan or kit be used for
11the reception of that company's provider's services without payment. The intent
12required for a violation of this paragraph may be inferred from proof that the
13defendant has sold, leased or offered for sale or lease any device, printed circuit
14board, plan or kit for a device or for a printed circuit board in violation of this
15paragraph and during the course of the transaction for sale or lease the defendant
16expressly states or implies to the buyer that the product will enable the buyer to
17obtain cable television video service without charge.
AB207-ASA1, s. 69 18Section 69. 943.46 (5) of the statutes is amended to read:
AB207-ASA1,42,219 943.46 (5) Exception. This section does not affect the use by a person of cable
20television
video services if the services have been paid for and the use is exclusive to
21the person's dwelling unit. This subsection does not prohibit a board or council of any
22city, village or town from specifying the number and manner of installation of outlets
23used by any such person for cable television video services and does not prohibit a
24cable television company video service provider, in any written contract with a

1subscriber, from requiring the company's provider's approval for any increase in the
2number of those outlets used.
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