AB207-SSA1,45,2319
2. A video programming provider shall ensure that charges for changes in a
20customer's selection of services or equipment shall be based on the cost of such
21change and shall not exceed nominal amounts if the system's configuration permits
22changes in service tier selection to be effected solely by coded entry on a computer
23terminal or by other similarly simple method.
AB207-SSA1,46,324
3. A video programming provider shall have a rate structure for the provision
25of video service that is uniform throughout the area within the boundaries of a
1municipality, except that a video programming provider may provide bulk discounts
2to multiple dwelling units or reasonable discounts to senior citizens or other
3economically disadvantaged groups.
AB207-SSA1,46,84
4. A video programming provider may not charge a customer for any service or
5equipment that the customer has not explicitly requested. For purposes of this
6subdivision, a customer's failure to refuse a video programming provider's proposal
7to provide service or equipment is not an explicit request for such service or
8equipment.
AB207-SSA1,46,129
(b) No contract or service offering video services or any bundle including such
10services may be for a term longer than one year. If a contract or service offering is
11made for a specified term at a discounted price, no termination fee may exceed the
12amount of the discount from which the customer benefited.
AB207-SSA1,46,19
13(14) Impaired customers. A video programming provider may not discriminate
14in the provision of services for the hearing and visually impaired and shall comply
15with
47 USC 613. A video programming provider shall deliver and pick up, or provide
16customers with prepaid shipping and packaging for the return of, converters and
17other necessary equipment at the home of customers with disabilities. A video
18programming provider shall provide free use of a converter or remote control unit to
19mobility impaired customers.
AB207-SSA1,47,8
20(15) Obscene or indecent programming. (a) To the extent consistent with
21federal law, a video programming provider shall comply with
47 USC 532 (h) and (j).
22A video programming provider may not exercise any editorial control over any
23programming or in any other way consider the content of programming in
24determining whether to transmit programming, except that a video programming
25provider may refuse to transmit any leased access program or portion of a leased
1access program which contains obscenity, indecency, or nudity and may consider
2such content to the minimum extent necessary to establish a reasonable price for the
3commercial use of designated channel capacity by a person that is not an affiliate of
4the video programming provider. A video programming provider may enforce
5prospectively a written and published policy of prohibiting programming that the
6video programming provider reasonably believes describes or depicts sexual or
7excretory activities or organs in a patently offensive manner as measured by
8contemporary community standards.
AB207-SSA1,47,119
(b) A video programming provider shall, without charge, fully scramble or
10otherwise fully block the audio and video programming of any channel requested by
11the customer.
AB207-SSA1,47,1712
(c) In providing sexually explicit adult programming or other programming
13that is indecent on any channel of a video programming provider's service that is
14primarily dedicated to sexually oriented programming, the video programming
15provider shall fully scramble or otherwise fully block the video and audio portion of
16such channel so that a nonsubscriber to such channel or programming does not
17receive it.
AB207-SSA1,47,2018
(d) For purposes of pars. (b) and (c), "scramble" means to rearrange the content
19of the signal of programming so that the programming cannot be viewed or heard in
20an understandable manner.
AB207-SSA1,47,25
21(16) Service availability listing. A video programming provider shall
22maintain a listing, specific to the level of street address, of the areas where its video
23services are available. A video programming provider shall inform customers who
24inquire about purchasing video service about whether the service is currently
25available to them at their specific location.
AB207-SSA1,48,13
1(17) Privacy protections. A video programming provider may not disclose the
2name, address, telephone number, or other personally identifying information of a
3video service customer to be used in mailing lists or to be used for other commercial
4purposes not reasonably related to the conduct of its business, unless the video
5programming provider has provided to the customer a notice, separately or included
6in any other customer service notice, that clearly and conspicuously describes the
7customer's ability to prohibit the disclosure. A video programming provider shall
8provide an address and telephone number for a customer to use without toll charge
9to prevent disclosure of the customer's name and address in mailing lists or for other
10commercial purposes not reasonably related to the conduct of its business to other
11businesses or affiliates of the video programming provider. A video programming
12provider shall comply with all other privacy laws, including
47 USC 551, that are in
13effect on the effective date of this subsection .... [revisor inserts date].
AB207-SSA1,48,23
14(18) Consumer complaints; mediation. A video programming provider shall
15implement an informal process for handling inquiries from municipalities and
16customers concerning billing issues, service issues, privacy concerns, and other
17consumer complaints. If an issue is not resolved through such informal process, a
18municipality or customer may request nonbinding mediation with the video
19programming provider, with each party bearing its own costs of such mediation.
20Selection of a mediator shall be by mutual agreement and preference shall be given
21to mediation services that do not charge a consumer for their services. If the informal
22process does not produce a satisfactory result to the customer or municipality,
23enforcement may be pursued as provided in sub. (19) (f).
AB207-SSA1,48,24
24(19) Enforcement. (a) The department may do any of the following:
AB207-SSA1,49,2
11. Exercise its authority under ss. 93.14, 93.15, and 93.16 to investigate
2violations of this section.
AB207-SSA1,49,63
2. Commence an action in the name of the state to restrain by temporary
4injunction a violation of this section. Before entry of a final judgment, the court may
5make any necessary orders to restore to a person any pecuniary loss suffered by the
6person because of the violation.
AB207-SSA1,49,97
3. Except as provided in subd. 4., commence an action in the name of the state
8to recover a forfeiture to the state of not less than $100 nor more than $10,000 for
9each violation of this section.
AB207-SSA1,49,1210
4. Commence an action in the name of the state to recover a forfeiture to the
11state of not more than $50,000 for a person's first violation of sub. (17) and of not more
12than $100,000 for each 2nd or subsequent violation of sub. (17) by a person.
AB207-SSA1,49,1613
5. After public hearing, issue a special order under s. 93.18 against a video
14programming provider enjoining the provider from employing practices that violate
15this section and requiring the provider to employ practices or take actions that are
16determined by the department to be in compliance with this section.
AB207-SSA1,49,2017
(b) A municipality may enforce this section with respect to complaints received
18from residents within the municipality, but the municipality may not impose or
19require compliance with any additional or different customer service or performance
20standards than those specified in this section.
AB207-SSA1,49,2321
(c) A municipality may enact an ordinance that provides a schedule of
22forfeitures for any material violation of this section
by video programming providers
23that are in addition to the penalties provided under this chapter, except as follows:
AB207-SSA1,49,2524
1. No forfeitures may be assessed for a material violation if it is out of the
25reasonable control of a video programming provider or its affiliate.
AB207-SSA1,50,2
12. The forfeitures shall apply on a competitively neutral basis to all providers
2of video service within the municipality.
AB207-SSA1,50,43
3. The forfeitures may not
exceed $750 for each day of the material violation,
4and may not exceed $25,000 for each occurrence of a material violation per customer.
AB207-SSA1,50,85
(d) The department or a municipality shall give a video programming provider
6written notice of any alleged material violations of this section and allow such
7provider at least 30 days from receipt of the notice to remedy the specified material
8violation.
AB207-SSA1,50,139
(e) For purposes of this subsection, "material violation" means any substantial
10failure of a video programming provider to comply with this section and, for purposes
11of assessing forfeitures, a material violation is considered to have occurred for each
12day that a material violation has not been remedied by a video programming
13provider after the expiration of the period specified in par. (d).
AB207-SSA1,50,2414
(f) The department and, subject to sub. (18), a municipality or customer may
15bring an action against a video programming provider for violation of this section,
16except that a municipality may bring an action only if a customer residing in the
17municipality is adversely affected by the violation and a customer may bring an
18action only if the customer is adversely affected by the violation. A video
19programming provider may bring an action to review a municipality's assessment of
20forfeitures against the video programming provider. A municipality is immune from
21civil liability for its acts or omissions related to the enforcement or review of any
22terms, conditions, or rights under this section, except that a court may require the
23return of any forfeiture that the municipality incorrectly assessed against a video
24programming provider.
AB207-SSA1,51,13
1(20) Credits. (a) A video programming provider shall credit customers for
2violations of this section in the amounts specified in par. (b). The credits shall be
3applied on the statement issued to the customer for the next monthly billing cycle
4following the violation or following the discovery of the violation. A video
5programming provider is responsible for providing the credits and a customer is not
6required to request the credit. If a customer is no longer taking service from a video
7programming provider, the video programming provider shall refund the credit
8amount to the customer by check within 30 days of the termination of service. A
9municipality may enact an ordinance that requires a video programming provider
10to give credits directly to customers for violating this section, if the ordnance applies
11on a competitively neutral basis to all video programming providers in the
12municipality, and except that the credits may not exceed the credits specified in par.
13(b).
AB207-SSA1,51,1514
(b) A video programming provider shall give customers the following credits for
15the following violations of this section:
AB207-SSA1,51,1716
1. Failure to provide notice of customer service standards upon initiation of
17service, $25.
AB207-SSA1,51,2018
2. Failure to install service within 7 days, waiver of 50 percent of the
19installation fee or the monthly fee for the lowest-cost basic service, whichever is
20greater.
AB207-SSA1,51,2321
3. Failure to install service within 14 days, waiver of 100 percent of the
22installation fee or the monthly fee for the lowest-cost basic service, whichever is
23greater.
AB207-SSA1,52,3
14. Failure to remedy service interruptions or poor video or audio service quality
2within 48 hours, a pro rata credit of total regular monthly charges equal to the
3number of days of the service interruption.
AB207-SSA1,52,54
5. Failure to keep an appointment or to notify the customer prior to the close
5of business on the business day prior to the scheduled appointment, $25.
AB207-SSA1,52,66
6. Violation of privacy protections, $150.
AB207-SSA1,52,77
7. Failure to comply with scrambling requirements, $50 per month.
AB207-SSA1,52,98
8. Violation of customer service and billing standards in sub. (8) or (9), $25 per
9violation.
AB207-SSA1,52,1110
9. Violation of the prohibition under sub. (13) (a) 1. against requiring
11subscription to other services as a condition of access to video service, $25 per month.
AB207-SSA1,52,1413
100.261
(3) (c) The amount credited
under par. (b) to the appropriation account
14under s. 20.115 (1) (jb) may not exceed $185,000 in each fiscal year.
AB207-SSA1,53,1018
182.017
(1) Right-of-way for. Any domestic corporation organized to furnish
19telegraph or telecommunications service or transmit heat, power or electric current
20to the public or for public purposes,
an any independent system operator, as defined
21in s. 196.485 (1) (d),
an any independent transmission owner, as defined in s. 196.485
22(1) (dm),
or a any cooperative association organized under ch. 185 or 193 to furnish
23telegraph or telecommunications service
or a , any cooperative organized under ch.
24185 to transmit heat, power or electric current to its members,
any municipally
25regulated cable operator, as defined in s. 66.0420 (2) (o), and any video service
1franchisee, as defined in s. 66.0420 (2) (y) may, subject to ss. 30.44 (3m), 30.45, 86.16
2and 196.491 (3) (d) 3m. and to reasonable regulations made by any city, village or
3town through which its transmission lines or systems may pass, construct and
4maintain such lines or systems with all necessary appurtenances in, across or
5beneath any public highway or bridge or any stream or body of water, or upon any
6lands of any owner consenting thereto, and for such purpose may acquire lands or
7the necessary easements; and may connect and operate its lines or system with other
8lines or systems devoted to like business, within or without this state, and charge
9reasonable rates for the transmission and delivery of messages or the furnishing of
10heat, power or electric light.
AB207-SSA1,53,2012
196.01
(1g) "Basic local exchange service" means the provision to residential
13customers of an access facility, whether by wire, cable, fiber optics or radio, and
14essential usage within a local calling area for the transmission of high-quality
152-way interactive switched voice or data communication. "Basic local exchange
16service" includes extended community calling and extended area service. "Basic
17local exchange service" does not include additional access facilities or any
18discretionary or optional services that may be provided to a residential customer.
19"Basic local exchange service" does not include cable
television service or services
20provided by a commercial mobile radio service provider.
AB207-SSA1, s. 35
21Section
35. 196.01 (1p) of the statutes is repealed and recreated to read:
AB207-SSA1,53,2222
196.01
(1p) "Cable service" has the meaning given in
47 USC 522 (6).
AB207-SSA1,54,424
196.01
(9m) "Telecommunications service" means the offering for sale of the
25conveyance of voice, data or other information at any frequency over any part of the
1electromagnetic spectrum, including the sale of service for collection, storage,
2forwarding, switching and delivery incidental to such communication and including
3the regulated sale of customer premises equipment. "Telecommunications service"
4does not include cable
television service or broadcast service.
AB207-SSA1,54,66
196.01
(12g) "Video service" has the meaning given in s. 66.0420 (2) (v).
AB207-SSA1,54,98
196.01
(12m) "Video service franchisee" has the meaning given in s. 66.0420
9(2) (y).
AB207-SSA1,54,1211
196.01
(12r) "Video service provider" means a municipality regulated cable
12operator, as defined in s. 66.0420 (2) (o), or a video service franchisee.
AB207-SSA1, s. 40
13Section
40. 196.04 (4) (a) (intro.) and 2. (intro.) of the statutes are
14consolidated, renumbered 196.04 (4) (a) (intro.) and amended to read:
AB207-SSA1,54,1615
196.04
(4) (a) (intro.) In this subsection
: 2. "Sewerage, "sewerage system
16operator" means any of the following:
AB207-SSA1, s. 42
18Section
42. 196.04 (4) (a) 2. a. to e. of the statutes are renumbered 196.04 (4)
19(a) 1. to 5.
AB207-SSA1,55,1021
196.04
(4) (b) If the parties cannot agree and the commission finds that public
22convenience and necessity or the rendition of reasonably adequate service to the
23public requires that a public utility, telecommunications provider, sewerage system
24operator
, or
cable operator video service provider be permitted to extend its lines on,
25over or under the right-of-way of any railroad, or requires that the tracks of any
1railroad be extended on, over or under the right-of-way of any public utility,
2telecommunications provider, sewerage system operator
, or
cable operator video
3service provider, the commission may order the extension by the public utility,
4telecommunications provider, sewerage system operator,
cable operator video
5service provider, or railroad on, over or under the right-of-way of the other if it will
6not materially impair the ability of the railroad, telecommunications provider,
7sewerage system operator,
cable operator video service provider, or public utility, on,
8over or under whose right-of-way the extension would be made, to serve the public.
9The commission shall prescribe lawful conditions and compensation which the
10commission deems equitable and reasonable in light of all the circumstances.
AB207-SSA1,55,2112
196.195
(5) Commission action. If after the proceedings under subs. (2), (3) and
13(4) the commission has determined that effective competition exists in the market
14for the telecommunications service which justifies a lesser degree of regulation and
15that lesser regulation in that market will serve the public interest, the commission
16may, by order, suspend any of the following provisions of law, except as provided
17under subs. (7) and (8): ch. 201 and s. 196.02 (2); s. 196.05; s. 196.06; s. 196.07; s.
18196.09; s. 196.10; s. 196.12; s. 196.13 (2); s. 196.19; tariffing requirements under s.
19196.194; s. 196.196 (1) or (5); s. 196.20;
s. 196.204 (7); s. 196.21; s. 196.22; s. 196.26;
20s. 196.28; s. 196.37; s. 196.49; s. 196.52; s. 196.58; s. 196.60; s. 196.604; s. 196.77; s.
21196.78; s. 196.79; and s. 196.805.
AB207-SSA1,56,223
196.203
(1m) Any person claiming to be a cable
television telecommunications
24service provider under this section shall annually file with the commission any
1information required by the commission to determine the gross income of the person
2which is derived from the operation of a cable television system.
AB207-SSA1, s. 46
3Section
46. 196.203 (3) (b) (intro.) of the statutes is amended to read:
AB207-SSA1,56,84
196.203
(3) (b) (intro.) The commission may not deny a petition filed under par.
5(a) by a provider of cable
television service for alternative telecommunications utility
6status in a particular geographical area as not being in the public interest if basic
7local exchange service is provided in the same geographical area by any of the
8following:
AB207-SSA1, s. 47
9Section
47. 196.203 (3) (b) 2. of the statutes is amended to read:
AB207-SSA1,56,1310
196.203
(3) (b) 2. Subject to par. (c), a telecommunications utility with 50,000
11or less access lines in use in this state which also provides cable
television service in
12that geographical area, if provision of cable
television service began after September
131, 1994.
AB207-SSA1,56,1715
196.203
(3) (c) Paragraph (b) 2. shall not apply if the telecommunications
16utility's provision of cable
television service is limited to the provision of satellite
17cable programming, as defined in s. 943.47 (1) (b).
AB207-SSA1,56,2019
196.203
(3) (d) Section 196.50 (1) (b) applies to an alternative
20telecommunications utility except for a provider of cable
television service.
AB207-SSA1, s. 50
21Section
50. 196.203 (3) (e) 1. (intro.) of the statutes is amended to read:
AB207-SSA1,57,222
196.203
(3) (e) 1. (intro.) If a provider of cable
television service files a petition
23under par. (a) for alternative telecommunications status to offer local exchange
24service, as defined in s. 196.50 (1) (b) 1., in a geographical area served by a
25telecommunications utility with less than 50,000 access lines in use in this state on
1September 1, 1994, or at any time thereafter, the commission may not deny the
2petition as not being in the public interest and shall do any of the following:
AB207-SSA1,57,105
196.44
(1) Duty of commission. The commission shall inquire into the neglect
6or violation of the laws of this state by public utilities
and of s. 66.0420, except for s.
766.0420 (9) (c) and (d), by video service franchisees, or by their officers, agents or
8employees or by persons operating public utilities
or video service franchisees, and
9shall enforce all laws relating to public utilities, and report all violations to the
10attorney general.
AB207-SSA1,57,1712
196.44
(2) Duties of attorney general and district attorneys. Upon request
13of the commission, the attorney general or the district attorney of the proper county
14shall aid in any investigation, hearing or trial had under this chapter, and shall
15institute and prosecute all necessary actions or proceedings for the enforcement of
16s. 66.0420, except for s. 66.0420 (9) (c) and (d), and all laws relating to public utilities
17or telecommunications providers, and for the punishment of all violations.
AB207-SSA1, s. 54
18Section
54. 196.50 (1) (b) 2. e. of the statutes is amended to read:
AB207-SSA1,57,2319
196.50
(1) (b) 2. e. The holder of the permit and the applicant are both providers
20of
cable television video service, if the holder's provision of
cable television video 21service began after September 1, 1994.
This subd. 2. e. does not apply if the holder's
22provision of cable television service is limited to the provision of satellite cable
23programming, as defined in s. 943.47 (1) (b).
AB207-SSA1,58,5
1196.50
(1) (c) Any provision in an agreement or municipal franchise that
2prohibits entry into the telecommunications or
cable television video services market
3after September 1, 1994, is void.
Paragraph (b) and this paragraph do not invalidate
4an ordinance enacted under s. 66.0419 which requires a provider of cable television
5services to obtain a franchise before offering those services.
AB207-SSA1,58,107
196.85
(1m) (b) For the purpose of direct assessment under sub. (1) of expenses
8incurred by the commission in connection with its activities under s. 196.04 (4), the
9term "public utility" includes a
cable operator, as defined in s. 66.0419 (2) (b) video
10service provider.
AB207-SSA1,58,1512
196.85
(1m) (d) For the purpose of direct assessment under sub. (1) of expenses
13incurred by the commission in connection with its activities under s. 66.0420, the
14term "public utility" includes an applicant for a video service franchise, as defined
15in s. 66.0420 (2) (x), or a video service franchisee, as defined in s. 66.0420 (2) (y).
AB207-SSA1,58,17
17943.46 (title)
Theft of cable television video service.