AB207-SSA1,21,1812 4. `Bundled services.' a. Except as provided in subd. 4. b., if a video service is
13bundled, packaged, or integrated functionally with other services, capabilities, or
14applications, the portion of the video service franchisee's revenue that is attributable
15to the other services, capabilities, or applications shall be included in the calculation
16of the video service franchisee's gross revenue unless the video service franchisee can
17reasonably identify the division or exclusion of the revenue from its books and
18records that are kept in the regular course of business.
AB207-SSA1,22,319 b. Gross revenue of a video service franchisee does not include any revenue
20received from nonvideo services, including revenue received from
21telecommunications services, information services, or the provision of directory or
22Internet advertising, including yellow pages, white pages, banner advertisement,
23and electronic publishing, or any other revenues attributed by a video service
24franchisee to nonvideo service in accordance with the video service franchisee's books
25and records kept in the regular course of business and in accordance with any

1applicable laws, rules, regulations, standards, or orders. This subd. 4. b. applies
2regardless of whether the nonvideo services are bundled, packaged, or functionally
3integrated with video services.
AB207-SSA1,22,84 5. `Affiliates.' Revenue of an affiliate of a video service franchisee shall be
5included in the video service franchisee's gross revenue to the extent the treatment
6of the revenue as revenue of the affiliate rather than of the video service franchisee
7has the effect of evading the requirement to pay a video service franchise fee or PEG
8support fee.
AB207-SSA1,22,109 (b) Notice. No less than 10 days before offering video service in a municipality,
10a video service franchisee shall notify the municipality.
AB207-SSA1,22,1611 (c) Video service franchise fee. 1. In any municipality in which a video service
12franchisee offers video service on a commercial basis, the video service franchisee
13shall, upon request by such a municipality, be liable for and pay a video service
14franchise fee to the municipality. The video service franchise fee shall equal one of
15the following percentages of the video service franchisee's gross revenues, whichever
16is less:
AB207-SSA1,22,1717 a. Five percent.
AB207-SSA1,22,2018 b. The percentage of revenues that the municipality required, on the effective
19date of this subd. 1. b. .... [revisor inserts date], an incumbent cable operator to pay
20as a franchise fee under s. 66.0419 (3) (c).
AB207-SSA1,22,2321 2. Payment of the video service franchise fee is due on a quarterly basis 45 days
22after the close of the calendar quarter. If mailed, the video service franchise fee is
23considered paid on the date it is postmarked.
AB207-SSA1,23,224 3. Except as otherwise provided in this section or s. 66.0425 or 182.017 (1), a
25municipality may not demand any additional fees or charges from a video service

1franchisee and may not demand the use of any other calculation method other than
2allowed under this subsection.
AB207-SSA1,23,83 (d) PEG support fee. 1. A video service franchisee shall, upon request by a
4municipality in which the video service franchisee provides video service, pay to the
5municipality or the municipality's PEG channel manager, as support for PEG
6channels, a PEG support fee equal to not less than 1 percent of the video service
7franchisee's gross revenue or the percentage of the video service franchisee's gross
8revenue that results from performing the following calculation, whichever is greater:
AB207-SSA1,23,169 a. Determining the aggregate annual amount that each incumbent cable
10operator that provides cable service in the video service franchisee's service area is
11obligated to pay the municipality or its PEG channel manager under a cable
12franchise, agreement, or contract in effect on January 1, 2007, including any
13payments required under sub. (3) (b) 2. b., and including the amount resulting by
14dividing the total amount of any lump sum payments required to be made over the
15term of such franchise, contract, or agreement by the number of years of the term of
16the franchise, contract, or agreement.
AB207-SSA1,23,1817 b. Determining the aggregate annual amount of gross revenue during the
18preceding calendar year of each incumbent cable operator specified in subd. 1. a.
AB207-SSA1,23,2019 c. Determining the percentage that results from dividing the amount
20determined under subd. 1. a. by the amount determined under subd. 1. b.
AB207-SSA1,24,221 2. PEG support fees are due on a quarterly basis and must be paid no later than
2245 days after the close of a calendar quarter. PEG support fees are first due for the
23quarter that includes the 90th day after a municipality requests payment of the fees
24or the date on which the video service franchisee begins to provide video service in
25the municipality, whichever is later. Each payment shall include a statement

1explaining the basis for the calculation of the PEG support fee. If mailed, the PEG
2support fee is considered paid on the date it is postmarked.
AB207-SSA1,24,63 3. A municipality may require a video service franchisee to provide the
4municipality or the municipality's PEG channel manager with any information
5sufficient to calculate the PEG support fee required under this paragraph or the
6monetary payments for PEG channels required under sub. (3) (b) 2. b.
AB207-SSA1,24,97 (e) Bill itemization. A video service franchisee may identify and collect the
8amount of the video service franchise fee or PEG support fee as separate line items
9on the regular bill of each subscriber.
AB207-SSA1,24,1110 (f) Accounting. All determinations and computations under this subsection
11shall be made pursuant to generally accepted accounting principles.
AB207-SSA1,24,19 12(8) Audits; payments. (a) Upon receiving a notice under sub. (4) (g) 2. that a
13video service franchisee has received a video service franchise, a municipality shall
14notify the video service franchisee of the municipality's requirements for the video
15service franchisee to submit to an audit of its books and records. Such requirements
16shall be the same as those that apply to incumbent cable operators providing video
17service in the municipality on the effective date of this paragraph .... [revisor inserts
18date]. If there are no such incumbent cable operators, the municipality may impose
19reasonable audit requirements.
AB207-SSA1,24,2120 (b) Acceptance by a municipality of amounts remitted by a video service
21franchise shall not be construed as an accord that the amounts are correct.
AB207-SSA1,24,2322 (c) Any additional amount due after an audit shall be paid within 30 days after
23the municipality's submission of an invoice for the sum.
AB207-SSA1,24,24 24(9) Discrimination; access to services. (a) Definitions. In this subsection:
AB207-SSA1,25,3
11. "Basic local exchange service area" means the area on file with the
2commission in which a large telecommunications video service franchisee provides
3basic local exchange service, as defined in s. 196.01 (1g).
AB207-SSA1,25,54 2. "Large telecommunications video service franchisee" means any of the
5following:
AB207-SSA1,25,86 a. A video service franchisee that is a telecommunications video service
7provider and that, on January 1, 2007, had more than 500,000 basic local exchange
8access lines in this state.
AB207-SSA1,25,99 b. An affiliate of a video service franchisee described under subd. 2. a.
AB207-SSA1,25,1210 3. "Telecommunications video service provider" means a person that uses
11facilities for providing telecommunications service, as defined in s. 196.01 (9m), also
12to provide video service.
AB207-SSA1,25,2413 (b) Access determination. For purposes of this subsection, a video service
14franchisee provides access to its video service to a household if the video service
15franchisee is capable of providing video service at the household address using any
16technology, other than direct-to-home satellite service, that provides two-way
17broadband Internet capability, and video programming, content, and functionality
18which are demonstrably similar to video programming, content, and functionality
19provided through the video service franchisee's video service system, regardless of
20whether any customer at the household address has ordered service or whether the
21owner or landlord or other responsible person has granted access to the household
22address. If more than one technology is used, access is provided only if the
23technologies provide similar two-way broadband Internet capability and similar
24video programming.
AB207-SSA1,26,4
1(c) Discrimination prohibited. 1. No video service franchisee may deny access
2to video service to any group of potential residential customers in the video service
3franchisee's video service area because of the race or income of the residents in the
4local area in which the group resides.
AB207-SSA1,26,65 2. It is a defense to an alleged violation of subd. 1. based on income if the video
6service franchisee has met either of the following conditions:
AB207-SSA1,26,107 a. No later than 3 years after the date on which the video service franchisee
8began providing video service under this section, at least 25 percent of households
9with access to the video service franchisee's video service are low-income
10households.
AB207-SSA1,26,1411 b. No later than 5 years after the date on which the video service franchisee
12began providing video service under this section, at least 30 percent of the
13households with access to the video service franchisee's video service are low-income
14households.
AB207-SSA1,26,1815 (d) Access requirements. 1. A large telecommunications video service
16franchisee shall provide access to its video service to the following percentages of
17households within the large telecommunications video service franchisee's basic
18local exchange service area:
AB207-SSA1,26,2119 a. Not less than 35 percent no later than 3 years after the date on which the
20large telecommunications video service franchisee began providing video service
21under this section.
AB207-SSA1,27,222 b. Not less than 50 percent no later than 5 years after the date on which the
23large telecommunications video service franchisee began providing video service
24under this section, or no later than 2 years after at least 30 percent of households

1with access to the large telecommunications video service franchisee's video service
2subscribe to the service for 6 consecutive months, whichever occurs later.
AB207-SSA1,27,53 2. A large telecommunications video service franchisee shall file an annual
4report with the commission regarding the large telecommunications video service
5franchisee's progress in complying with subd. 1.
AB207-SSA1,27,126 (e) Extensions and waivers. A video service franchisee may apply to the
7commission for an extension of any time limit specified in par. (c) 2. or (d) or a waiver
8of a requirement to comply with par. (d). The commission shall grant the extension
9or waiver if the video service franchisee demonstrates to the satisfaction of the
10commission that the video service franchisee has made substantial and continuous
11efforts to comply with the requirements of this subsection and that the extension or
12waiver is necessary due to one or more of the following factors:
AB207-SSA1,27,1413 1. The video service franchisee's inability to obtain access to public and private
14rights-of-way under reasonable terms and conditions.
AB207-SSA1,27,1615 2. Developments and buildings that are not subject to competition because of
16exclusive service arrangements.
AB207-SSA1,27,1817 3. Developments and buildings that are not accessible using reasonable
18technical solutions under commercially reasonable terms and conditions.
AB207-SSA1,27,1919 4. Natural disasters.
AB207-SSA1,27,2020 5. Other factors beyond the control of the video service franchisee.
AB207-SSA1,27,2421 (f) Alternative technologies. A video service franchisee may satisfy the
22requirements of this subsection through the use of an alternative technology, other
23than satellite service, but only if the alternative technology provides access to PEG
24channels and messages broadcast over the emergency alert system.
AB207-SSA1,28,7
1(g) Limitations. Notwithstanding any other provision of this section, a
2telecommunications video service provider is not required to provide video service
3outside the provider's basic local exchange service area, and a video service
4franchisee that is an incumbent cable operator is not required to provide video
5service outside the area in which the incumbent cable operator provided cable service
6at the time the commission issued a video service franchise to the incumbent cable
7operator.
AB207-SSA1,28,158 (h) Broadband service. 1. If a large telecommunications video service
9franchisee does not provide access to broadband service to 90 percent of the
10households in the large telecommunications video service franchisee's
11telecommunications service area by the first day of the 18th month beginning after
12the effective date of this subdivision .... [revisor inserts date], the large
13telecommunications video service franchisee shall pay to the commission, no later
14than the first day of the 19th month beginning after the effective date of this
15subdivision .... [revisor inserts date], a sum of $7,500,000.
AB207-SSA1,28,2016 2. If a large telecommunications video service franchisee pays the sum to the
17commission under subd. 1., the commission shall use that sum to make grants to
18persons to assist in the deployment of broadband service to underserved areas in this
19state. The commission shall promulgate rules establishing requirements and
20procedures for making the grants.
AB207-SSA1,29,2 21(10) Enforcement. (a) The commission may investigate possible violations of
22this section, except sub. (9) (c) or (d), by video service franchisees. If the commission
23determines that there is a reason to believe that a video service franchisee has
24violated or is about to violate this section, except sub. (9) (c) or (d), the commission
25may bring an action against the video service franchisee to obtain, except as provided

1in sub. (5) (h), injunctive relief and civil penalties for any act, policy, or practice by
2the video service franchisee that violates this section, except sub. (9) (c) or (d).
AB207-SSA1,29,53 (b) The commission may suspend or revoke a video service franchisee's video
4service franchise if the video service franchisee fails to comply with this section or
5s. 100.209 after a reasonable time to achieve compliance has passed.
AB207-SSA1,29,6 6(11) Forfeitures. (a) Subject to par. (b):
AB207-SSA1,29,167 1. A video service franchisee that violates this section shall forfeit no more than
8$30,000 for each violation, or .00825 percent of the video service franchisee's
9statewide gross revenue, as calculated under sub. (7) (a), whichever is greater. Each
10violation of this section is a separate violation, except that if the same act or omission
11violates more than one provision of this section, only one forfeiture may be imposed
12for such act or omission. Each day that a violation continues is a separate violation,
13except that, if the violation was not intentional, did not create substantial risk to the
14safety of the video service franchisee's employees or customers or the public, and was
15not intended to cause economic benefits to accrue to the video service franchisee, the
16forfeiture for a continuing violation may not exceed $500,000 per year.
AB207-SSA1,29,2117 2. A video service franchisee that violates sub. (9) shall, in addition to the
18forfeiture under subd. 1., forfeit an amount not exceeding 3 percent of the video
19service franchisee's total monthly statewide gross revenue, as calculated under sub.
20(7) (a), for each month from the date of the violation until the date that compliance
21is achieved.
AB207-SSA1,29,2522 (b) A court may impose a forfeiture under par. (a) only if the commission of
23justice has given the video service franchisee notice of the violation and the
24opportunity to remedy the violation within 30 days after receipt of the notice and the
25video service franchisee has failed to remedy the violation.
AB207-SSA1, s. 11
1Section 11. 66.0421 (title) of the statutes is amended to read:
AB207-SSA1,30,2 266.0421 (title) Access to cable video service.
AB207-SSA1, s. 12 3Section 12. 66.0421 (1) (a) of the statutes is repealed.
AB207-SSA1, s. 13 4Section 13. 66.0421 (1) (b) of the statutes is repealed.
AB207-SSA1, s. 14 5Section 14. 66.0421 (1) (c) of the statutes is created to read:
AB207-SSA1,30,66 66.0421 (1) (c) "Video service" has the meaning given in s. 66.0420 (2) (v).
AB207-SSA1, s. 15 7Section 15. 66.0421 (1) (d) of the statutes is created to read:
AB207-SSA1,30,108 66.0421 (1) (d) "Video service provider" means a municipally regulated cable
9operator, as defined in s. 66.0420 (2) (o), or a video service franchisee, as defined in
10s. 66.0420 (2) (y).
AB207-SSA1, s. 16 11Section 16. 66.0421 (2) of the statutes is amended to read:
AB207-SSA1,30,1912 66.0421 (2) Interference prohibited. The owner or manager of a multiunit
13dwelling under common ownership, control or management or of a mobile home park
14or the association or board of directors of a condominium may not prevent a cable
15operator
video service provider from providing cable video service to a subscriber who
16is a resident of the multiunit dwelling, mobile home park or of the condominium or
17interfere with a cable operator video service provider providing cable video service
18to a subscriber who is a resident of the multiunit dwelling, mobile home park or of
19the condominium.
AB207-SSA1, s. 17 20Section 17. 66.0421 (3) of the statutes is amended to read:
AB207-SSA1,31,521 66.0421 (3) Installation in multiunit building. Before installation, a cable
22operator
video service provider shall consult with the owner or manager of a
23multiunit dwelling or with the association or board of directors of a condominium to
24establish the points of attachment to the building and the methods of wiring. A cable
25operator
video service provider shall install facilities to provide cable video service

1in a safe and orderly manner and in a manner designed to minimize adverse effects
2to the aesthetics of the multiunit dwelling or condominium. Facilities installed to
3provide cable video service may not impair public safety, damage fire protection
4systems or impair fire-resistive construction or components of a multiunit dwelling
5or condominium.
AB207-SSA1, s. 18 6Section 18. 66.0421 (4) of the statutes is amended to read:
AB207-SSA1,31,97 66.0421 (4) Repair responsibility. A cable operator video service provider is
8responsible for any repairs to a building required because of the construction,
9installation, disconnection or servicing of facilities to provide cable video service.
AB207-SSA1, s. 19 10Section 19. 66.0422 (title) of the statutes is amended to read:
AB207-SSA1,31,12 1166.0422 (title) Cable television Video service, telecommunications, and
12broadband facilities.
AB207-SSA1, s. 20 13Section 20. 66.0422 (1) (a) of the statutes is repealed.
AB207-SSA1, s. 21 14Section 21. 66.0422 (1) (d) of the statutes is created to read:
AB207-SSA1,31,1515 66.0422 (1) (d) "Video service" has the meaning given in s. 66.0420 (2) (v).
AB207-SSA1, s. 22 16Section 22. 66.0422 (2) (intro.) of the statutes is amended to read:
AB207-SSA1,31,2117 66.0422 (2) (intro.) Except as provided in subs. (3), (3d), (3m), and (3n), no local
18government may enact an ordinance or adopt a resolution authorizing the local
19government to construct, own, or operate any facility for providing cable video
20service, telecommunications service, or broadband service, directly or indirectly, to
21the public, unless all of the following are satisfied:
AB207-SSA1, s. 23 22Section 23. 66.0422 (3) (b) of the statutes is amended to read:
AB207-SSA1,32,423 66.0422 (3) (b) A majority of the governing board of the local government votes
24to submit the question of supporting the operation of the facility for providing cable
25video service, telecommunications service, or Internet access service, directly or

1indirectly to the public, by the local government to the electors in an advisory
2referendum and a majority of the voters in the local government voting at the
3advisory referendum vote to support operation of such a facility by the local
4government.
AB207-SSA1, s. 24 5Section 24. 66.0422 (3n) of the statutes is amended to read:
AB207-SSA1,32,76 66.0422 (3n) Subsection (2) does not apply to a local government that, on March
71, 2004, was providing cable video service to the public.
AB207-SSA1, s. 25 8Section 25. 70.111 (25) of the statutes is amended to read:
AB207-SSA1,32,119 70.111 (25) Digital broadcasting equipment. Digital broadcasting equipment
10owned and used by a radio station, television station, or cable television system video
11service network
, as defined in s. 66.0419 (2) (d) 66.0420 (2) (z).
AB207-SSA1, s. 26 12Section 26. 76.80 (3) of the statutes is amended to read:
AB207-SSA1,32,1713 76.80 (3) "Telecommunications services" means the transmission of voice,
14video, facsimile or data messages, including telegraph messages, except that
15"telecommunications services" does not include cable television video service, as
16defined in s. 66.0420 (2) (v)
, radio, one-way radio paging or transmitting messages
17incidental to transient occupancy in hotels, as defined in s. 254.61 (3).
AB207-SSA1, s. 27 18Section 27. 77.52 (2) (a) 12. of the statutes is amended to read:
AB207-SSA1,32,2019 77.52 (2) (a) 12. The sale of cable television system services, or video services,
20as defined in s. 66.0420 (2) (v),
including installation charges.
AB207-SSA1, s. 28 21Section 28. 100.195 (1) (c) 2. of the statutes, as created by 2005 Wisconsin Act
22458
, is amended to read:
AB207-SSA1,32,2323 100.195 (1) (c) 2. Telecommunications services or cable television services.
AB207-SSA1, s. 29 24Section 29. 100.195 (1) (h) 1. of the statutes, as created by 2005 Wisconsin Act
25458
, is repealed and recreated to read:
AB207-SSA1,33,1
1100.195 (1) (h) 1. Video service, as defined in s. 66.0420 (2) (v).
AB207-SSA1, s. 30 2Section 30. 100.209 of the statutes is repealed and recreated to read:
AB207-SSA1,33,4 3100.209 Video service standards; privacy protection. (1) Definitions.
4In this section:
AB207-SSA1,33,55 (a) "Basic video service" has the meaning given in s. 66.0420 (2) (b).
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