Amendment SSA1-AB207

AB207-SSA1,25,5 2. "Large telecommunications video service franchisee" means any of the following:

AB207-SSA1,25,8 a. A video service franchisee that is a telecommunications video service provider and that, on January 1, 2007, had more than 500,000 basic local exchange access lines in this state.

AB207-SSA1,25,9 b. An affiliate of a video service franchisee described under subd. 2. a.

AB207-SSA1,25,12 3. "Telecommunications video service provider" means a person that uses facilities for providing telecommunications service, as defined in s. 196.01 (9m), also to provide video service.

AB207-SSA1,25,24 (b) Access determination. For purposes of this subsection, a video service franchisee provides access to its video service to a household if the video service franchisee is capable of providing video service at the household address using any technology, other than direct-to-home satellite service, that provides two-way broadband Internet capability, and video programming, content, and functionality which are demonstrably similar to video programming, content, and functionality provided through the video service franchisee's video service system, regardless of whether any customer at the household address has ordered service or whether the owner or landlord or other responsible person has granted access to the household address. If more than one technology is used, access is provided only if the technologies provide similar two-way broadband Internet capability and similar video programming.

AB207-SSA1,26,4 (c) Discrimination prohibited. 1. No video service franchisee may deny access to video service to any group of potential residential customers in the video service franchisee's video service area because of the race or income of the residents in the local area in which the group resides.

AB207-SSA1,26,6 2. It is a defense to an alleged violation of subd. 1. based on income if the video service franchisee has met either of the following conditions:

AB207-SSA1,26,10 a. No later than 3 years after the date on which the video service franchisee began providing video service under this section, at least 25 percent of households with access to the video service franchisee's video service are low-income households.

AB207-SSA1,26,14 b. No later than 5 years after the date on which the video service franchisee began providing video service under this section, at least 30 percent of the households with access to the video service franchisee's video service are low-income households.

AB207-SSA1,26,18 (d) Access requirements. 1. A large telecommunications video service franchisee shall provide access to its video service to the following percentages of households within the large telecommunications video service franchisee's basic local exchange service area:

AB207-SSA1,26,21 a. Not less than 35 percent no later than 3 years after the date on which the large telecommunications video service franchisee began providing video service under this section.

AB207-SSA1,27,2 b. Not less than 50 percent no later than 5 years after the date on which the large telecommunications video service franchisee began providing video service under this section, or no later than 2 years after at least 30 percent of households with access to the large telecommunications video service franchisee's video service subscribe to the service for 6 consecutive months, whichever occurs later.

AB207-SSA1,27,5 2. A large telecommunications video service franchisee shall file an annual report with the commission regarding the large telecommunications video service franchisee's progress in complying with subd. 1.

AB207-SSA1,27,12 (e) Extensions and waivers. A video service franchisee may apply to the commission for an extension of any time limit specified in par. (c) 2. or (d) or a waiver of a requirement to comply with par. (d). The commission shall grant the extension or waiver if the video service franchisee demonstrates to the satisfaction of the commission that the video service franchisee has made substantial and continuous efforts to comply with the requirements of this subsection and that the extension or waiver is necessary due to one or more of the following factors:

AB207-SSA1,27,14 1. The video service franchisee's inability to obtain access to public and private rights-of-way under reasonable terms and conditions.

AB207-SSA1,27,16 2. Developments and buildings that are not subject to competition because of exclusive service arrangements.

AB207-SSA1,27,18 3. Developments and buildings that are not accessible using reasonable technical solutions under commercially reasonable terms and conditions.

AB207-SSA1,27,19 4. Natural disasters.

AB207-SSA1,27,20 5. Other factors beyond the control of the video service franchisee.

AB207-SSA1,27,24 (f) Alternative technologies. A video service franchisee may satisfy the requirements of this subsection through the use of an alternative technology, other than satellite service, but only if the alternative technology provides access to PEG channels and messages broadcast over the emergency alert system.

AB207-SSA1,28,7 (g) Limitations. Notwithstanding any other provision of this section, a telecommunications video service provider is not required to provide video service outside the provider's basic local exchange service area, and a video service franchisee that is an incumbent cable operator is not required to provide video service outside the area in which the incumbent cable operator provided cable service at the time the commission issued a video service franchise to the incumbent cable operator.

AB207-SSA1,28,15 (h) Broadband service. 1. If a large telecommunications video service franchisee does not provide access to broadband service to 90 percent of the households in the large telecommunications video service franchisee's telecommunications service area by the first day of the 18th month beginning after the effective date of this subdivision .... [revisor inserts date], the large telecommunications video service franchisee shall pay to the commission, no later than the first day of the 19th month beginning after the effective date of this subdivision .... [revisor inserts date], a sum of $7,500,000.

AB207-SSA1,28,20 2. If a large telecommunications video service franchisee pays the sum to the commission under subd. 1., the commission shall use that sum to make grants to persons to assist in the deployment of broadband service to underserved areas in this state. The commission shall promulgate rules establishing requirements and procedures for making the grants.

AB207-SSA1,29,2 (10) Enforcement. (a) The commission may investigate possible violations of this section, except sub. (9) (c) or (d), by video service franchisees. If the commission determines that there is a reason to believe that a video service franchisee has violated or is about to violate this section, except sub. (9) (c) or (d), the commission may bring an action against the video service franchisee to obtain, except as provided in sub. (5) (h), injunctive relief and civil penalties for any act, policy, or practice by the video service franchisee that violates this section, except sub. (9) (c) or (d).

AB207-SSA1,29,5 (b) The commission may suspend or revoke a video service franchisee's video service franchise if the video service franchisee fails to comply with this section or s. 100.209 after a reasonable time to achieve compliance has passed.

AB207-SSA1,29,6 (11) Forfeitures. (a) Subject to par. (b):

AB207-SSA1,29,16 1. A video service franchisee that violates this section shall forfeit no more than $30,000 for each violation, or .00825 percent of the video service franchisee's statewide gross revenue, as calculated under sub. (7) (a), whichever is greater. Each violation of this section is a separate violation, except that if the same act or omission violates more than one provision of this section, only one forfeiture may be imposed for such act or omission. Each day that a violation continues is a separate violation, except that, if the violation was not intentional, did not create substantial risk to the safety of the video service franchisee's employees or customers or the public, and was not intended to cause economic benefits to accrue to the video service franchisee, the forfeiture for a continuing violation may not exceed $500,000 per year.

AB207-SSA1,29,21 2. A video service franchisee that violates sub. (9) shall, in addition to the forfeiture under subd. 1., forfeit an amount not exceeding 3 percent of the video service franchisee's total monthly statewide gross revenue, as calculated under sub. (7) (a), for each month from the date of the violation until the date that compliance is achieved.

AB207-SSA1,29,25 (b) A court may impose a forfeiture under par. (a) only if the commission of justice has given the video service franchisee notice of the violation and the opportunity to remedy the violation within 30 days after receipt of the notice and the video service franchisee has failed to remedy the violation.

AB207-SSA1, s. 11 Section 11. 66.0421 (title) of the statutes is amended to read:

AB207-SSA1,30,2 66.0421 (title) Access to cable video service.

AB207-SSA1, s. 12 Section 12. 66.0421 (1) (a) of the statutes is repealed.

AB207-SSA1, s. 13 Section 13. 66.0421 (1) (b) of the statutes is repealed.

AB207-SSA1, s. 14 Section 14. 66.0421 (1) (c) of the statutes is created to read:

AB207-SSA1,30,6 66.0421 (1) (c) "Video service" has the meaning given in s. 66.0420 (2) (v).

AB207-SSA1, s. 15 Section 15. 66.0421 (1) (d) of the statutes is created to read:

AB207-SSA1,30,10 66.0421 (1) (d) "Video service provider" means a municipally regulated cable operator, as defined in s. 66.0420 (2) (o), or a video service franchisee, as defined in s. 66.0420 (2) (y).

AB207-SSA1, s. 16 Section 16. 66.0421 (2) of the statutes is amended to read:

AB207-SSA1,30,19 66.0421 (2) Interference prohibited. The owner or manager of a multiunit dwelling under common ownership, control or management or of a mobile home park or the association or board of directors of a condominium may not prevent a cable operator video service provider from providing cable video service to a subscriber who is a resident of the multiunit dwelling, mobile home park or of the condominium or interfere with a cable operator video service provider providing cable video service to a subscriber who is a resident of the multiunit dwelling, mobile home park or of the condominium.

AB207-SSA1, s. 17 Section 17. 66.0421 (3) of the statutes is amended to read:

AB207-SSA1,31,5 66.0421 (3) Installation in multiunit building. Before installation, a cable operator video service provider shall consult with the owner or manager of a multiunit dwelling or with the association or board of directors of a condominium to establish the points of attachment to the building and the methods of wiring. A cable operator video service provider shall install facilities to provide cable video service in a safe and orderly manner and in a manner designed to minimize adverse effects to the aesthetics of the multiunit dwelling or condominium. Facilities installed to provide cable video service may not impair public safety, damage fire protection systems or impair fire-resistive construction or components of a multiunit dwelling or condominium.

AB207-SSA1, s. 18 Section 18. 66.0421 (4) of the statutes is amended to read:

AB207-SSA1,31,9 66.0421 (4) Repair responsibility. A cable operator video service provider is responsible for any repairs to a building required because of the construction, installation, disconnection or servicing of facilities to provide cable video service.

AB207-SSA1, s. 19 Section 19. 66.0422 (title) of the statutes is amended to read:

AB207-SSA1,31,12 66.0422 (title) Cable television Video service, telecommunications, and broadband facilities.

AB207-SSA1, s. 20 Section 20. 66.0422 (1) (a) of the statutes is repealed.

AB207-SSA1, s. 21 Section 21. 66.0422 (1) (d) of the statutes is created to read:

AB207-SSA1,31,15 66.0422 (1) (d) "Video service" has the meaning given in s. 66.0420 (2) (v).

AB207-SSA1, s. 22 Section 22. 66.0422 (2) (intro.) of the statutes is amended to read:

AB207-SSA1,31,21 66.0422 (2) (intro.) Except as provided in subs. (3), (3d), (3m), and (3n), no local government may enact an ordinance or adopt a resolution authorizing the local government to construct, own, or operate any facility for providing cable video service, telecommunications service, or broadband service, directly or indirectly, to the public, unless all of the following are satisfied:

AB207-SSA1, s. 23 Section 23. 66.0422 (3) (b) of the statutes is amended to read:

AB207-SSA1,32,4 66.0422 (3) (b) A majority of the governing board of the local government votes to submit the question of supporting the operation of the facility for providing cable video service, telecommunications service, or Internet access service, directly or indirectly to the public, by the local government to the electors in an advisory referendum and a majority of the voters in the local government voting at the advisory referendum vote to support operation of such a facility by the local government.

AB207-SSA1, s. 24 Section 24. 66.0422 (3n) of the statutes is amended to read:

AB207-SSA1,32,7 66.0422 (3n) Subsection (2) does not apply to a local government that, on March 1, 2004, was providing cable video service to the public.

AB207-SSA1, s. 25 Section 25. 70.111 (25) of the statutes is amended to read:

AB207-SSA1,32,11 70.111 (25) Digital broadcasting equipment. Digital broadcasting equipment owned and used by a radio station, television station, or cable television system video service network, as defined in s. 66.0419 (2) (d) 66.0420 (2) (z).

AB207-SSA1, s. 26 Section 26. 76.80 (3) of the statutes is amended to read:

AB207-SSA1,32,17 76.80 (3) "Telecommunications services" means the transmission of voice, video, facsimile or data messages, including telegraph messages, except that "telecommunications services" does not include cable television video service, as defined in s. 66.0420 (2) (v), radio, one-way radio paging or transmitting messages incidental to transient occupancy in hotels, as defined in s. 254.61 (3).

AB207-SSA1, s. 27 Section 27. 77.52 (2) (a) 12. of the statutes is amended to read:

AB207-SSA1,32,20 77.52 (2) (a) 12. The sale of cable television system services, or video services, as defined in s. 66.0420 (2) (v), including installation charges.

AB207-SSA1, s. 28 Section 28. 100.195 (1) (c) 2. of the statutes, as created by 2005 Wisconsin Act 458, is amended to read:

AB207-SSA1,32,23 100.195 (1) (c) 2. Telecommunications services or cable television services.

AB207-SSA1, s. 29 Section 29. 100.195 (1) (h) 1. of the statutes, as created by 2005 Wisconsin Act 458, is repealed and recreated to read:

AB207-SSA1,33,1 100.195 (1) (h) 1. Video service, as defined in s. 66.0420 (2) (v).

AB207-SSA1, s. 30 Section 30. 100.209 of the statutes is repealed and recreated to read:

AB207-SSA1,33,4 100.209 Video service standards; privacy protection. (1) Definitions. In this section:

AB207-SSA1,33,5 (a) "Basic video service" has the meaning given in s. 66.0420 (2) (b).

AB207-SSA1,33,7 (b) "Cable or video provider" means a municipally regulated cable operator or a video service franchisee.

AB207-SSA1,33,8 (c) "Municipality" means a city, village, or town.

AB207-SSA1,33,10 (d) "Municipally regulated cable operator" has the meaning given in s. 66.0420 (2) (o).

AB207-SSA1,33,12 (e) "Normal business hours" means, with respect to a business, those hours during which most similar businesses in a municipality are open to serve customers.

AB207-SSA1,33,19 (f) "Normal operating conditions" means, with respect to a video provider, those service conditions that are within the control of the video programming provider. "Normal operating conditions" includes special promotions; pay-per-view events; regular, peak, or seasonal demand periods; and maintenance or upgrade of a service network. "Normal operating conditions" does not include natural disasters, civil disturbances, power outages, telephone network outages, or severe or unusual weather conditions.

AB207-SSA1,33,21 (g) "Service interruption" means the loss of picture or sound on one or more video channels.

AB207-SSA1,33,24 (h) "Service line drop" means the point of connection between a premises and the facilities of a cable or video provider that enables the premises to receive video service.

AB207-SSA1,34,4 (i) "Video programming provider" means a multichannel video programming distributor, as defined in 47 USC 522 (13), but does not include a landlord whose provision of video service is limited to providing video service to a single-family home or other residential dwelling consisting of 4 units or less.

AB207-SSA1,34,6 (j) "Video service" means multiple channels of video programming, as defined in 47 USC 522 (20).

AB207-SSA1,34,7 (k) "Video service area" has the meaning given in s. 66.0420 (2) (w).

AB207-SSA1,34,8 (L) "Video service franchisee" has the meaning given in s. 66.0420 (2) (y).

AB207-SSA1,34,9 (m) "Video service network" has the meaning given in s. 66.0420 (2) (z).

AB207-SSA1,34,13 (2) Applicability. Notwithstanding sub. (1) (b), a video programming provider that provides video service through a master antenna television, satellite master antenna television, direct broadcast satellite, or multipoint distribution service is subject to this section only to the extent permitted by federal law.

AB207-SSA1,34,16 (3) General customer service standards. (a) In general. Video programming providers shall establish general standards related to customer service, including relating to all of the following:

AB207-SSA1,34,17 1. Installation, disconnection, service, and repair obligations.

AB207-SSA1,34,18 2. Appointment hours and employee identification requirements.

AB207-SSA1,34,19 3. Customer service telephone numbers and hours.

AB207-SSA1,34,20 4. Procedures for billing, charges, deposits, refunds, and credits.

AB207-SSA1,34,21 5. Procedures for termination of service.

AB207-SSA1,34,22 6. Notice of deletion of programming service.

AB207-SSA1,34,23 7. Changes related to transmission of programming.

AB207-SSA1,34,24 8. Changes or increases in rates.