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.
AB207-SSA1, s. 59
18Section
59. 943.46 (1) (a) of the statutes is renumbered 943.46 (1) (c) and
19amended to read:
AB207-SSA1,58,2420
943.46
(1) (c) "
Cable television
Video service" has the meaning given in s.
21196.01 (1p). "Cable television 66.0420 (2) (v), except that "video service" does not
22include signals received by privately owned antennas that are not connected to a
23cable television system video service network whether or not the same signals are
24provided by a
cable television company video service provider.
AB207-SSA1,59,2
1943.46
(1) (d) "Video service network" has the meaning given in s. 66.0420 (2)
2(z).
AB207-SSA1,59,64
943.46
(1) (e) "Video service provider" means a municipality regulated cable
5operator, as defined in s. 66.0420 (2) (o), or a video service franchisee, as defined in
6s. 66.0420 (2) (y).
AB207-SSA1,59,178
943.46
(2) (a) Obtain or attempt to obtain
cable television video service from
9a
company provider by trick, artifice, deception, use of an illegal device or illegal
10decoder or other fraudulent means with the intent to deprive that
company provider 11of any or all lawful compensation for rendering each type of service obtained. The
12intent required for a violation of this paragraph may be inferred from the presence
13on the property and in the actual possession of the defendant of a device not
14authorized by the
cable television company video service provider, the major purpose
15of which is to permit reception of
cable television
video services without payment.
16This inference is rebutted if the defendant demonstrates that he or she purchased
17that device for a legitimate use.
AB207-SSA1,59,2419
943.46
(2) (b) Give technical assistance or instruction to any person in
20obtaining or attempting to obtain any
cable television
video service without payment
21of all lawful compensation to the
company provider providing that service. This
22paragraph does not apply if the defendant demonstrates that the technical
23assistance or instruction was given or the installation of the connection, descrambler
24or receiving device was for a legitimate use.
AB207-SSA1,60,5
1943.46
(2) (c) Make or maintain a connection, whether physical, electrical,
2mechanical, acoustical or by other means, with any cables, wires, components or
3other devices used for the distribution of
cable television video services for the
4purpose of distributing
cable television video service to any other dwelling unit
5without authority from a
cable television company
video service provider.
AB207-SSA1,60,167
943.46
(2) (d) Make or maintain a connection, whether physical, electrical,
8mechanical, acoustical or by other means, with any cables, wires, components or
9other devices used for the distribution of
cable television video services for the
10purpose of obtaining
cable television video service without payment of all lawful
11compensation to the
company provider providing that service. The intent required
12for a violation of this paragraph may be inferred from proof that the
cable video 13service to the defendant's residence or business was connected under a service
14agreement with the defendant and has been disconnected by the
cable television
15company video service provider and that thereafter there exists in fact a connection
16to the
cable system video service network at the defendant's residence or business.
AB207-SSA1,61,1018
943.46
(2) (e) Make or maintain any modification or alteration to any device
19installed with the authorization of a
cable television company video service provider 20for the purpose of intercepting or receiving any program or other service carried by
21that
company provider which that person is not authorized by that
company provider 22to receive. The intent required for a violation of this paragraph may be inferred from
23proof that, as a matter of standard procedure, the
cable television company video
24service provider places written warning labels on its converters or decoders
25explaining that tampering with the device is a violation of law and the converter or
1decoder is found to have been tampered with, altered or modified so as to allow the
2reception or interception of programming carried by the
cable television company 3video service provider without authority to do so. The trier of fact may also infer that
4a converter or decoder has been altered or modified from proof that the
cable
5television company video service provider, as a matter of standard procedure, seals
6the converters or decoders with a label or mechanical device, that the seal was shown
7to the customer upon delivery of the decoder and that the seal has been removed or
8broken. The inferences under this paragraph are rebutted if the
cable television
9company video service provider cannot demonstrate that the intact seal was shown
10to the customer.
AB207-SSA1,61,2312
943.46
(2) (f) Possess without authority any device or printed circuit board
13designed to receive from a
cable television system
video service network any
cable
14television video programming or services offered for sale over that
cable television
15system video service network, whether or not the programming or services are
16encoded, filtered, scrambled or otherwise made unintelligible, or perform or
17facilitate the performance of any of the acts under pars. (a) to (e) with the intent that
18that device or printed circuit be used to receive that
cable television company's video
19service provider's services without payment. Intent to violate this paragraph for
20direct or indirect commercial advantage or private financial gain may be inferred
21from proof of the existence on the property and in the actual possession of the
22defendant of a device if the totality of circumstances, including quantities or
23volumes, indicates possession for resale.
AB207-SSA1,62,14
1943.46
(2) (g) Manufacture, import into this state, distribute, publish,
2advertise, sell, lease or offer for sale or lease any device, printed circuit board or any
3plan or kit for a device or for a printed circuit designed to receive the
cable television 4video programming or services offered for sale over a
cable television system video
5service network from a
cable television system
video service network, whether or not
6the programming or services are encoded, filtered, scrambled or otherwise made
7unintelligible, with the intent that that device, printed circuit, plan or kit be used for
8the reception of that
company's provider's services without payment. The intent
9required for a violation of this paragraph may be inferred from proof that the
10defendant has sold, leased or offered for sale or lease any device, printed circuit
11board, plan or kit for a device or for a printed circuit board in violation of this
12paragraph and during the course of the transaction for sale or lease the defendant
13expressly states or implies to the buyer that the product will enable the buyer to
14obtain
cable television video service without charge.
AB207-SSA1,62,2316
943.46
(5) Exception. This section does not affect the use by a person of
cable
17television video services if the services have been paid for and the use is exclusive to
18the person's dwelling unit. This subsection does not prohibit a board or council of any
19city, village or town from specifying the number and manner of installation of outlets
20used by any such person for
cable television video services and does not prohibit a
21c
able television company video service provider, in any written contract with a
22subscriber, from requiring the
company's provider's approval for any increase in the
23number of those outlets used.
AB207-SSA1,63,5
1(1
) Position authorization. The authorized FTE positions for the department
2of agriculture, trade and consumer protection are increased by 1.0 PR position, to be
3funded from the appropriation under section 20.115 (1) (jb) of the statutes, as affected
4by this act, for the purpose of carrying out the department's duties under section
5100.209 of the statutes, as affected by this act.
AB207-SSA1,63,12
7(1) In the schedule under section 20.005 (3) of the statutes for the appropriation
8to the department of agriculture, trade and consumer protection under section
920.115 (1) (jb) of the statutes, as affected by the acts of 2007, the dollar amount is
10increased by $65,000 for fiscal year 2007-08 and the dollar amount is increased by
11$65,000 for fiscal year 2008-09 to increase funding for the purpose for which the
12appropriation is made.
AB207-SSA1,63,1713
(2)
In the schedule under section 20.005 (3) of the statutes for the appropriation
14to the public service commission under section 20.155 (1) (g) of the statutes, as
15affected by the acts of 2007, the dollar amount is increased by $100,000 for fiscal year
162007-08 and the dollar amount is increased by $100,000 for fiscal year 2008-09 to
17increase funding for the purpose for which the appropriation is made.