2007 - 2008 LEGISLATURE
SENATE AMENDMENT 4,
TO SENATE SUBSTITUTE AMENDMENT 1,
TO 2007 SENATE BILL 107
April 20, 2007 - Offered by Committee on Commerce, Utilities and Rail.
SB107-SSA1-SA4,1,9
53. Page 8, line 9: delete lines 9 to 11 and substitute "individually or together
6with its affiliates or parent company, is one of the 10 largest cable operators in the
7United States as determined by data collected and reported by the FCC or
8determined by information available to the public through a national trade
9association representing cable operators.".
SB107-SSA1-SA4,1,12
11"(w) "Video franchise area" means the area or areas described in an application
12for a video service franchise under sub. (3) (d) 2.".
SB107-SSA1-SA4,2,4
26. Page 12, line 1: delete "$1,000" and substitute "$2,000, or, if the applicant
3is applying for a modified video service franchise as required under par. (j), an
4application fee of $100".
SB107-SSA1-SA4,2,18
1010. Page 14, line 12: delete the material beginning with "A revocation" and
11ending with "ch. 227." on line 13 and substitute "The department must, before
12revoking any video service franchise, afford a video service provider full due process
13that, at a minimum, must include a proceeding before a hearing officer during which
14the video service provider must be afforded the opportunity for full participation,
15including the right to be represented by counsel, to introduce evidence, to require the
16production of evidence, and to question or cross-examine witnesses under oath. A
17transcript shall be made of any such hearing. A video service provider may bring an
18action to appeal the decision of the department.".
SB107-SSA1-SA4,2,21
1911. Page 14, line 19: delete lines 19 to 21 and substitute "video service, the
20video service provider shall apply to the department for a modified video service
21franchise under par. (d). A video service".
SB107-SSA1-SA4,3,22
3"(d)
Duties of interim cable providers and video service providers. 1. If a
4municipality requires an interim cable operator or video service provider to provide
5capacity for PEG channels under par. (a), the interim cable operator or video service
6provider shall be required to provide transmission capacity sufficient to connect the
7interim cable operator's or video service provider's headend or video hub office to the
8municipality's PEG access channel origination points existing as of the effective date
9of this subdivision .... [revisor inserts date]. A municipality shall permit the interim
10cable operator or video service provider to determine the most economically and
11technologically efficient means of providing such transmission capacity. If a
12municipality requests that such a PEG access channel origination point be relocated,
13the interim cable operator or video service provider shall be required to provide only
14the first 200 feet of transmission line that is necessary to connect the interim cable
15operator or video service provider's headend or video hub office to such origination
16point. A municipality shall be liable for the costs of construction of such a
17transmission line beyond the first 200 feet and for any construction costs associated
18with additional origination points, but not for the costs associated with the
19transmission of PEG programming over such line. The interim cable operator or
20video service provider may recover its costs to provide transmission capacity under
21this subdivision by identifying and collecting a "PEG Transport Fee" as a separate
22line item on customer bills.".
SB107-SSA1-SA4,4,2
1"
(8) Discrimination; access to services. (ag)
Definition. In this subsection,
2"department" means the department of agriculture, trade and consumer protection.
SB107-SSA1-SA4,4,33
(am)
Discrimination prohibited. 1. No".
SB107-SSA1-SA4,4,9
516. Page 26, line 9: delete lines 9 to 15 and substitute "No later than 15 days
6after the transfer is complete, the successor-in-interest shall apply for a video
7service franchise under sub. (3) (d) and comply with sub. (3) (e) 1. The
8successor-in-interest may provide video service in the video franchise area during
9the period that the department reviews the application.".
SB107-SSA1-SA4,4,14
1218. Page 26, line 18: before the period insert "and the department of
13agriculture, trade and consumer protection may not promulgate rules interpreting
14or establishing procedures for sub. (8)".
SB107-SSA1-SA4,4,20
16"(c) The department shall enforce this section, except sub. (8). The department
17may bring an action to recover any fees that are due and owing under this section or
18to enjoin a violation of this section, except sub. (8), or any rule promulgated under
19sub. (3) (f) 4. An action shall be commenced under this paragraph within 3 years after
20the occurrence of the unlawful act or practice or be barred.".
SB107-SSA1-SA4,5,3
23(1) In the schedule under section 20.005 (3) of the statutes for the appropriation
24to the department of financial institutions under section 20.144 (1) (g) of the statutes,
1as affected by the acts of 2005 and 2007, the dollar amount is increased by $20,000
2for fiscal year 2006-07 to increase funding for the purposes for which the
3appropriation is made.
SB107-SSA1-SA4,5,8
4(2) In the schedule under section 20.005 (3) of the statutes for the appropriation
5to the department of financial institutions under section 20.144 (1) (g) of the statutes,
6as affected by the acts of 2007, the dollar amount is increased by $100,000 for fiscal
7year 2007-08 and the dollar amount is increased by $100,000 for fiscal year 2008-09
8to increase funding for the purposes for which the appropriation is made.
SB107-SSA1-SA4, s. 70m
9Section 70m.
Effective dates. This act takes effect on the day after
10publication, except as follows:
SB107-SSA1-SA4,5,12
11(1) Section 69m (2) of this act takes effect on the day after publication of the
122007-09 biennial budget act.".
