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-SSA1,30,2
266.0421 (title)
Access to cable video service.
AB207-SSA1,30,66
66.0421
(1) (c) "Video service" has the meaning given in s. 66.0420 (2) (v).
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-SSA1,30,1912
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-SSA1,31,521
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-SSA1,31,97
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-SSA1,31,12
1166.0422 (title)
Cable television Video service, telecommunications, and
12broadband facilities.
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-SSA1,32,423
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-SSA1,32,76
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-SSA1,32,119
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-SSA1,32,1713
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 c
able 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-SSA1,32,2323
100.195
(1) (c) 2. Telecommunications services or
cable television services.
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).
AB207-SSA1,33,76
(b) "Cable or video provider" means a municipally regulated cable operator or
7a video service franchisee.
AB207-SSA1,33,88
(c) "Municipality" means a city, village, or town.
AB207-SSA1,33,109
(d) "Municipally regulated cable operator" has the meaning given in s. 66.0420
10(2) (o).
AB207-SSA1,33,1211
(e) "Normal business hours" means, with respect to a business, those hours
12during which most similar businesses in a municipality are open to serve customers.
AB207-SSA1,33,1913
(f) "Normal operating conditions" means, with respect to a video provider, those
14service conditions that are within the control of the video programming provider.
15"Normal operating conditions" includes special promotions; pay-per-view events;
16regular, peak, or seasonal demand periods; and maintenance or upgrade of a service
17network. "Normal operating conditions" does not include natural disasters, civil
18disturbances, power outages, telephone network outages, or severe or unusual
19weather conditions.
AB207-SSA1,33,2120
(g) "Service interruption" means the loss of picture or sound on one or more
21video channels.
AB207-SSA1,33,2422
(h) "Service line drop" means the point of connection between a premises and
23the facilities of a cable or video provider that enables the premises to receive video
24service.
AB207-SSA1,34,4
1(i) "Video programming provider" means a multichannel video programming
2distributor, as defined in
47 USC 522 (13), but does not include a landlord whose
3provision of video service is limited to providing video service to a single-family home
4or other residential dwelling consisting of 4 units or less.
AB207-SSA1,34,65
(j) "Video service" means multiple channels of video programming, as defined
6in
47 USC 522 (20).
AB207-SSA1,34,77
(k) "Video service area" has the meaning given in s. 66.0420 (2) (w).
AB207-SSA1,34,88
(L) "Video service franchisee" has the meaning given in s. 66.0420 (2) (y).