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2007 - 2008 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2007 ASSEMBLY BILL 207
November 8, 2007 - Offered by Senators Vinehout, Risser, Robson, Erpenbach,
Lassa and Miller.
AB207-SSA1,2,5
1An Act to repeal 60.23 (4), 66.0421 (1) (a), 66.0421 (1) (b), 66.0422 (1) (a), 134.43,
2196.04 (4) (a) 1. and 196.204 (7);
to renumber 196.04 (4) (a) 2. a. to e.;
to
3renumber and amend 943.46 (1) (a);
to consolidate, renumber and amend
4196.04 (4) (a) (intro.) and 2. (intro.);
to amend 11.01 (17g), 20.115 (1) (jb), 20.155
5(1) (title), 20.155 (1) (g), 66.0419 (3) (intro.), 66.0419 (3) (b), 66.0419 (4), 66.0421
6(title), 66.0421 (2), 66.0421 (3), 66.0421 (4), 66.0422 (title), 66.0422 (2) (intro.),
766.0422 (3) (b), 66.0422 (3n), 70.111 (25), 76.80 (3), 77.52 (2) (a) 12., 100.195 (1)
8(c) 2., 100.261 (3) (c), 182.017 (1), 196.01 (1g), 196.01 (9m), 196.04 (4) (b),
9196.195 (5), 196.203 (1m), 196.203 (3) (b) (intro.), 196.203 (3) (b) 2., 196.203 (3)
10(c), 196.203 (3) (d), 196.203 (3) (e) 1. (intro.), 196.44 (1), 196.44 (2), 196.50 (1)
11(b) 2. e., 196.50 (1) (c), 196.85 (1m) (b), 943.46 (title), 943.46 (2) (a), 943.46 (2)
12(b), 943.46 (2) (c), 943.46 (2) (d), 943.46 (2) (e), 943.46 (2) (f), 943.46 (2) (g) and
13943.46 (5);
to repeal and recreate 100.195 (1) (h) 1., 100.209 and 196.01 (1p);
1and
to create 20.155 (4), 66.0420, 66.0421 (1) (c), 66.0421 (1) (d), 66.0422 (1)
2(d), 196.01 (12g), 196.01 (12m), 196.01 (12r), 196.85 (1m) (d), 943.46 (1) (d) and
3943.46 (1) (e) of the statutes;
relating to: regulating video service providers,
4granting rule-making authority, making an appropriation, and providing
5penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB207-SSA1,2,117
11.01
(17g) "Public access channel" means a channel that is required under a
8franchise granted
or renewed under s. 66.0419 (3) (b) by a city, village, or town to a
9cable operator, as defined in s. 66.0419 (2) (b), and that is used for public access
10purposes, but does not include a channel that is used for governmental or educational
11purposes.
AB207-SSA1, s. 2
12Section
2. 20.115 (1) (jb) of the statutes is amended to read:
AB207-SSA1,2,1613
20.115
(1) (jb)
Consumer protection, information, and education. The amounts
14in the schedule for consumer protection and consumer information and education.
15All moneys received under
s. ss. 66.0420 (4) (L) and 100.261 (3) (b) shall be credited
16to this appropriation account, subject to the limit under s. 100.261 (3) (c).
AB207-SSA1, s. 3
17Section
3. 20.155 (1) (title) of the statutes is amended to read:
AB207-SSA1,2,1818
20.155
(1) (title)
Regulation of public utilities and video service franchisees.
AB207-SSA1, s. 4
19Section
4. 20.155 (1) (g) of the statutes is amended to read:
AB207-SSA1,3,220
20.155
(1) (g)
Utility and video service regulation. The amounts in the schedule
21for the regulation of utilities
and video service franchisees. Ninety percent of all
22moneys received by the commission under s. 196.85, 196.855, or 201.10 (3) shall be
23credited to this appropriation. Ninety percent of all receipts from the sale of
1miscellaneous printed reports and other copied material, the cost of which was
2originally paid under this paragraph, shall be credited to this appropriation.
AB207-SSA1,3,54
20.155
(4) Broadband grant program. (g)
Grants. All moneys received under
5s. 66.0420 (9) (h) 1. for the purpose of making grants under s. 66.0420 (9) (h) 2.
AB207-SSA1, s. 7
7Section
7. 66.0419 (3) (intro.) of the statutes is amended to read:
AB207-SSA1,3,108
66.0419
(3) Franchises. (intro.)
A Except as provided in s. 66.0420, a 9municipality may operate or regulate a cable television system and in such operation
10and regulation may, without limitation because of enumeration:
AB207-SSA1, s. 8
11Section
8. 66.0419 (3) (b) of the statutes is amended to read:
AB207-SSA1,3,1412
66.0419
(3) (b) Grant
, renew, or revoke one or more franchises authorizing the
13construction and operation of a cable television system and govern the operation of
14any franchise granted.
AB207-SSA1,3,2016
66.0419
(4) Construction. The authority granted under this section to a
17municipality to operate and regulate a cable television system is in addition to any
18other power which the municipality has and the authority of a municipality to
19operate and regulate a cable television system is limited only by the express
20language of this section
and s. 66.0420.
AB207-SSA1,3,23
2266.0420 Video service. (1) Legislative findings. The legislature finds all
23of the following:
AB207-SSA1,4,3
1(a) The economy in the state of Wisconsin will be enhanced by investment in
2new communications and video services, including broadband service facilities and
3fiber optic and Internet protocol technologies.
AB207-SSA1,4,54
(b) Video services bring important daily benefits to Wisconsin consumers by
5providing news, education, and entertainment.
AB207-SSA1,4,86
(c) Competitive video service providers are capable of providing new video
7programming services and competition to Wisconsin consumers and of decreasing
8the prices for video programming services paid by Wisconsin consumers.
AB207-SSA1,4,129
(d) Although there has been some competitive entry into the facilities-based
10video programming market since s. 66.0419 was enacted, further entry by
11facilities-based providers could benefit consumers, if video services are equitably
12available to all Wisconsin consumers at reasonable prices.
AB207-SSA1,4,1713
(e) The provision of competitive video services is a matter of statewide concern
14that extends beyond the boundaries of individual municipalities. However, public
15rights-of-way are limited resources over which a municipality has a custodial duty
16and ownership interest to ensure that the public rights-of-way are used, repaired,
17and maintained in a manner that best serves the public interest.
AB207-SSA1,4,2418
(f) This section is intended to enable rapid and widespread entry by competitive
19video service providers which will bring to Wisconsin consumers the benefits of video
20competition, including providing consumers with more choice, lower prices, higher
21speed and more advanced Internet access, more diverse and varied news, public
22information, education, and entertainment programming; and will bring to this state
23and municipalities the benefits of new infrastructure investment, job growth, and
24innovation in broadband service and Internet protocol technologies and deployment.
AB207-SSA1,5,3
1(g) This section is intended to best ensure equal treatment and parity among
2different providers of video services and different technologies for providing such
3services.
AB207-SSA1,5,4
4(2) Definitions. In this section:
AB207-SSA1,5,75
(a) "Affiliate", when used in relation to any person, means another person who
6owns or controls, is owned or controlled by, or is under common ownership or control
7with such person.
AB207-SSA1,5,98
(b) "Basic video service" means any video service offering or service tier which
9includes the retransmission of local television broadcast signals.
AB207-SSA1,5,1210
(c) "Broadband service" means a high-speed service connection to the public
11Internet that is capable of supporting, in at least one direction, a speed in excess of
12200 kilobits per second to a network demarcation point at a subscriber's premises.
AB207-SSA1,5,1313
(d) "Cable franchise" means a franchise granted under s. 66.0419 (3) (b).
AB207-SSA1,5,1414
(e) "Cable operator" has the meaning given in
47 USC 522 (5).
AB207-SSA1,5,1515
(f) "Cable service" has the meaning given in
47 USC 522 (6).
AB207-SSA1,5,1616
(g) "Cable system" has the meaning given in
47 USC 522 (7).
AB207-SSA1,5,1717
(h) "Commission" means the public service commission.
AB207-SSA1,5,2018
(i) "Competitive video service provider" means a person that is providing or
19seeks to provide video service in an area where there is at least one incumbent cable
20operator.
AB207-SSA1,5,2221
(j) "Household" means any individual or group of individuals who are living
22together as one economic unit.
AB207-SSA1,5,2523
(k) "Incumbent cable operator" means a person that, immediately before the
24effective date of this paragraph.... [revisor inserts date], provided cable service in a
25municipality under a cable franchise.
AB207-SSA1,6,2
1(L) "Issued" means, with respect to a video service franchise, issued or
2considered to be issued by the commission.
AB207-SSA1,6,53
(m) "Low-income household" means a household whose aggregate individual
4and group income is not more than 150 percent of the poverty line as determined
5under
42 USC 9902 (2).
AB207-SSA1,6,66
(n) "Municipality" means a city, village, or town.
AB207-SSA1,6,87
(o) "Municipally regulated cable operator" means an incumbent cable operator
8that has not elected to terminate its cable franchise under sub. (3) (b) 1. b.
AB207-SSA1,6,109
(p) "PEG channel" means a channel designated for noncommercial public,
10educational, or governmental use.
AB207-SSA1,6,1211
(q) "PEG channel manager" means a person authorized by a municipality to
12manage PEG channels.
AB207-SSA1,6,1313
(qm) "PEG support fee" means a fee required under sub. (7) (d) 1.
AB207-SSA1,6,1614
(r) "Public rights-of-way" means the areas on, below, or above a public
15roadway, highway, street, public sidewalk, alley, or waterway, and includes utility
16easements dedicated for compatible uses.
AB207-SSA1,6,1817
(s) "Service tier" means a category of video service for which a separate rate is
18charged.
AB207-SSA1,6,2119
(t) "Telecommunications service area" means the area designated by the
20commission as the area in which a telecommunications provider was obligated to
21provide noncompetitive local telephone service.
AB207-SSA1,6,2222
(u) "Video programming" has the meaning given in
47 USC 522 (20).
AB207-SSA1,7,623
(v) "Video service" means video programming and subscriber interaction, if any,
24that is required for the selection or use of video programming, and which is provided
25through wireline facilities located at least in part in the public rights-of-way
1without regard to delivery technology, including Internet protocol technology. "Video
2service" includes cable service. "Video service" does not include any video
3programming provided by a commercial mobile service provider, as defined in
47
4USC 332 (d), or any video programming provided solely as part of, and via, a service
5that enables users to access content, information, electronic mail, or other services
6offered over the public Internet.
AB207-SSA1,7,107
(w) "Video service area" means, with respect to a video service franchisee, the
8geographic area designated by the video service franchisee in its application for a
9video service franchise as the geographic area in which it will offer video services
10during the period of its video service franchise.
AB207-SSA1,7,1211
(x) "Video service franchise" means a franchise issued by the commission under
12sub. (4) (g) 1.
AB207-SSA1,7,1313
(xm) "Video service franchise fee" means a fee required under sub. (7) (c).
AB207-SSA1,7,1514
(y) "Video service franchisee" means a person issued a video service franchise
15by the commission.
AB207-SSA1,7,1916
(z) "Video service network" means wireline facilities, or any component thereof,
17located at least in part in public rights-of-way that deliver video service, without
18regard to delivery technology, including Internet protocol technology or any other
19technology. "Video service network" includes a cable system.
AB207-SSA1,7,24
20(3) Authority to provide video service. (a)
Public rights-of-way. 1. Except
21for a municipally regulated cable operator, no person may provide video service in
22this state, or use the public rights-of-way for installing or constructing facilities for
23the provision of video service, unless the commission has issued a video service
24franchise to the person.
AB207-SSA1,8,5
12. This section does not affect a municipality's authority under s. 182.017 (1)
2to grant permits for the use of public rights-of-way to install or construct facilities
3to provide video service. A municipality is not required to grant a permit under s.
4182.017 (1) to install or construct facilities to provide video service to a person that
5has not been issued a video service franchise or a cable franchise.
AB207-SSA1,8,76
(b)
Incumbent cable operators. 1. An incumbent cable operator may do one of
7the following:
AB207-SSA1,8,108
a. Upon expiration of the incumbent cable operator's cable franchise, apply to
9the municipality that granted the cable franchise for renewal of the cable franchise
10under s. 66.0419 (3).
AB207-SSA1,8,1811
b. At any time prior to expiration of the incumbent cable operator's cable
12franchise, terminate the cable franchise and apply to the commission for a video
13service franchise under sub. (4). At least 180 days before making an application
14under sub. (4), the incumbent cable operator shall provide advance notice to the
15commission, the municipality that granted a cable franchise to the incumbent cable
16operator, and the municipality's PEG channel manager. Termination of the cable
17franchise shall be effective on the date that the commission issues a video service
18franchise to the incumbent cable operator.
AB207-SSA1,8,2019
2. An incumbent cable operator that elects to terminate its cable franchise shall
20do all of the following:
AB207-SSA1,9,321
a. Pay to the municipality that granted the cable franchise and any PEG
22channel manager any accrued but unpaid amounts that are due under the cable
23franchise. Such amounts must be remitted before the 46th day after the date that
24termination of the cable franchise is effective. If the incumbent cable operator has
25a credit for any amounts due under the cable franchise that the incumbent cable
1operator has prepaid, the incumbent cable operator may deduct the amount of the
2credit from any future PEG support or video service franchise fees that the
3incumbent cable operator is required to pay to the municipality.
AB207-SSA1,9,104
b. Pay to the municipality that granted the cable franchise and the
5municipality's PEG channel manager, at the time that they would have been due, all
6monetary payments for PEG channels that would have been due during the
7remaining term of the cable franchise had it not been terminated by the incumbent
8cable operator. All payments made by an incumbent cable operator under this subd.
92. b. shall be credited against any PEG support or video service franchise fees that
10the incumbent cable operator otherwise owes to the municipality.
AB207-SSA1,9,1511
3. An incumbent cable operator that elects to terminate its cable franchise, and
12any successor in interest, is required to comply with any requirements of the
13municipality that granted the franchise that require the incumbent cable operator
14to provide access to video service and that are in effect on the effective date of this
15subdivision .... [revisor inserts date].
AB207-SSA1,9,2416
(c)
Video service franchisees. 1. For purposes of
47 USC 521 to
573, the
17commission is the franchising authority for video service franchisees, and
18municipalities are the exclusive franchising authorities for municipally regulated
19cable operators. The commission may not impose franchising requirements on
20municipally regulated cable operators and municipalities may not impose
21franchising requirements on video service franchisees. Notwithstanding any other
22provision of this section, a video service franchisee that uses telecommunications
23facilities to provide video service is not obligated to provide video service outside the
24video service franchisee's telecommunications service area.
AB207-SSA1,10,5
12. A video service franchisee is not subject to any other franchise obligations
2under state law within its video service area, except as provided in this section.
3Except as provided under this section, neither the commission nor any municipality
4may require a video service franchisee to obtain a separate franchise or pay any
5franchise fee on video service.
AB207-SSA1,10,9
6(4) Video service franchise. (a)
Application; affidavit. An applicant for a
7video service franchise shall submit an application to the commission that includes
8a completed affidavit signed by an officer or general partner of the applicant that
9affirms all of the following:
AB207-SSA1,10,1210
1. That the applicant has filed or will timely file with the federal
11communications commission all forms required by that agency in advance of offering
12video service in this state.