LRBs0273/2
MDK:bk:jf
2007 - 2008 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2007 SENATE BILL 285
February 22, 2008 - Offered by
Committee on Commerce, Utilities and Rail.
SB285-SSA1,1,9
1An Act to repeal 196.203 (3) (d), 196.50 (1) (b) 1. and 196.50 (1) (b) 2.;
to
2renumber 196.50 (1) (b) 3.;
to renumber and amend 196.203 (1), 196.203 (2)
3and 196.52 (5) (b);
to amend 196.07 (1), 196.194 (1), 196.203 (3) (a), 196.203 (3)
4(e) 1. (intro.), 196.203 (5), 196.219 (1) (b), 196.219 (2) (a) and 196.219 (3) (g); and
5to create 196.203 (1d), 196.203 (2) (b) and (c), 196.204 (8), 196.213 (3), 196.52
6(5) (b) 1. and 196.52 (5) (b) 3. and 4. of the statutes;
relating to: regulation of
7certain alternative telecommunications utilities and telecommunications
8utilities that offer bundled or packaged services, and public utility accounting
9filing requirements.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB285-SSA1,2,411
196.07
(1) Each public utility shall close its accounts annually on December 31
12and promptly prepare a balance sheet of that date. On or before the following
April
1May 1 every public utility shall file with the commission the balance sheet together
2with any other information the commission prescribes, verified by an officer of the
3public utility. The commission, for good cause shown, may extend the time for filing
4the balance sheet and prescribed information.
SB285-SSA1,3,36
196.194
(1) Telecommunications utilities. Except as provided in this
7subsection, nothing Nothing in this chapter prohibits the commission from
8approving the filing of a tariff which permits a telecommunications utility to enter
9into an individual contract with an individual customer
if substitute
10telecommunications services are available to customers or potential customers of the
11telecommunications utility and the absence of such a tariff will cause the
12telecommunications utility to be disadvantaged in competing for business. A tariff
13filed under this subsection shall include the condition that any such contract shall
14be compensatory as determined under s. 196.204 (5) and (6). The tariff shall include
15any other condition and procedure required by the commission in the public interest.
16Within 20 days after a contract authorized under this subsection or an amendment
17to such a contract has been executed, the telecommunications utility shall submit to
18the commission written notice of the general nature of the contract and the parties
19to the contract. Upon request, the commission shall inform a person, or direct that
20the person be informed, that notice has been received by the commission of execution
21of a contract under this subsection. Within 6 months after receiving substantial
22evidence that a contract may be noncompensatory, or upon its own motion, the
23commission shall investigate and determine whether the contract is compensatory.
24If the commission determines that the contract is noncompensatory, the commission
25may make appropriate adjustments in the rates or tariffs of the telecommunications
1utility that has entered into the contract, in addition to other remedies under this
2chapter. The dollar amount of the adjustment may not be less than the amount by
3which the contract was found to be noncompensatory.
SB285-SSA1, s. 3
4Section
3. 196.203 (1) of the statutes is renumbered 196.203 (1g) and amended
5to read:
SB285-SSA1,3,106
196.203
(1g) Alternative telecommunications utilities are exempt from all
7provisions of ch. 201 and this chapter, except as provided in this section and except
8that an alternative telecommunications utility that is a local government
9telecommunications utility
, as defined in s. 196.204 (5) (ag) 1., is subject to s. 196.204
10(5).
SB285-SSA1,3,1312
196.203
(1d) In this section, "local government telecommunications utility"
13has the meaning given in s. 196.204 (5) (ag) 1.
SB285-SSA1, s. 5
14Section
5. 196.203 (2) of the statutes is renumbered 196.203 (2) (a) and
15amended to read:
SB285-SSA1,3,1916
196.203
(2) (a) No person may commence providing service as an alternative
17telecommunications utility unless the person petitions for and the commission issues
18a
determination certification that the person is an alternative telecommunications
19utility.
SB285-SSA1,3,23
20(6) The commission shall maintain information on
authorized certified 21alternative telecommunications utilities and on applicants for alternative
22telecommunications utility
status certification and make that information available
23to any person, upon request.
SB285-SSA1, s. 6
24Section
6. 196.203 (2) (b) and (c) of the statutes are created to read:
SB285-SSA1,4,8
1196.203
(2) (b) Except for an alternative telecommunications utility that is a
2local government telecommunications utility, certification as an alternative
3telecommunications utility shall be on a statewide basis and any certification issued
4by the commission before the effective date of this paragraph .... [revisor inserts
5date], to an alternative telecommunications utility that is not a local government
6telecommunications utility is considered amended to be a statewide certification.
7This paragraph does not alter any conditions of a certification issued before the
8effective date of this paragraph .... [revisor inserts date], except for geographic scope.
SB285-SSA1,4,139
(c) The commission may deny a petition for certification as an alternative
10telecommunications utility described in s. 196.01 (1d) (f) if the commission finds that
11the petitioner does not have the financial, managerial, or technical capabilities to
12provide its proposed services or to comply with conditions that the commission is
13authorized to impose under sub. (3) (a).
SB285-SSA1, s. 7
14Section
7. 196.203 (3) (a) of the statutes is amended to read:
SB285-SSA1,4,2515
196.203
(3) (a) In response to a petition from any interested person, or upon
16its own motion, the commission shall determine whether the public interest requires
17that any provision of ch. 201 or this chapter be imposed on a person providing or
18proposing to provide service as an alternative telecommunications utility in a
19relevant market. In making this determination, the commission may consider
20factors including the quality of service, customer complaints, concerns about the
21effect on customers of local exchange telecommunications utilities and the extent to
22which similar services are available from alternative sources.
The commission may
23impose a condition under this paragraph on the certification of an alternative
24telecommunications utility described in s. 196.01 (1d) (f) only if the condition is
25consistent with 47 USC 253 (b). SB285-SSA1,5,105
196.203
(3) (e) 1. (intro.) If a provider of cable service files a petition under par.
6(a) for alternative telecommunications status to offer local exchange service, as
7defined in s.
196.50 (1) (b) 1. 196.219 (1) (b), in a geographical area served by a
8telecommunications utility with less than 50,000 access lines in use in this state on
9September 1, 1994, or at any time thereafter, the commission may not deny the
10petition as not being in the public interest and shall do any of the following:
SB285-SSA1,5,1412
196.203
(5) The commission may establish a reasonable fee schedule and may
13assess an alternative telecommunications utility to cover the cost of making a
14certification or other determination under this section.
SB285-SSA1,5,1616
196.204
(8) (a) In this subsection:
SB285-SSA1,5,2117
1. "Bundle" means a multiservice retail offering by a telecommunications
18utility that combines one or more telecommunications services provided by the
19telecommunications utility with one or more services provided by an affiliated
20interest, as defined in s. 196.52 (1) (a), of the telecommunications utility or by an
21unaffiliated 3rd party.
SB285-SSA1,5,2522
2. "Package" means a multiservice retail offering by a telecommunications
23utility that combines a telecommunications service provided by the
24telecommunications utility with one or more other telecommunications or other
25services provided by the telecommunications utility.
SB285-SSA1,6,2
1(b) This section does not apply to a telecommunications utility that offers
2services in a bundle or package.
SB285-SSA1,6,54
196.213
(3) This section does not apply to a rate increase for a bundle, as
5defined in s. 196.204 (8) (a) 1., or package, as defined in s. 196.204 (8) (a) 2.
SB285-SSA1,6,97
196.219
(1) (b) "Local exchange service"
has the meaning given in s. 196.50 (1)
8(b) 1. includes access service, basic local exchange service, and business access line
9and usage service within a local calling area.
SB285-SSA1,6,1611
196.219
(2) (a) Notwithstanding any exemptions identified in this chapter
12except
sub. (3) (g) and s. 196.202, a telecommunications utility or provider shall
13provide protection to its consumers under this section unless exempted in whole or
14in part by rule or order of the commission under this section. The commission shall
15promulgate rules that identify the conditions under which provisions of this section
16may be suspended.
SB285-SSA1,6,2118
196.219
(3) (g) Provide services, products or facilities in violation of s. 196.204.
19This paragraph does not apply to a telecommunications utility that offers services
20in a bundle, as defined in s. 196.204 (8) (a) 1., or package, as defined in s. 196.204 (8)
21(a) 2.
SB285-SSA1, s. 18
25Section
18. 196.50 (1) (b) 3. of the statutes is renumbered 196.50 (1) (bm).
SB285-SSA1, s. 19
1Section
19. 196.52 (5) (b) of the statutes is renumbered 196.52 (5) (b) 2. and
2amended to read:
SB285-SSA1,7,63
196.52
(5) (b) 2. For
a telecommunications
utilities utility that does not offer
4a bundle or package, the commission shall have supervisory jurisdiction over the
5terms and conditions of contracts and arrangements under this section as necessary
6to enforce ss. 196.204 and 196.219.
SB285-SSA1,7,88
196.52
(5) (b) 1. In this paragraph:
SB285-SSA1,7,99
a. "Bundle" has the meaning given in s. 196.204 (8) (a) 1.
SB285-SSA1,7,1010
b. "Package" has the meaning given in s. 196.204 (8) (a) 2.
SB285-SSA1, s. 21
11Section
21. 196.52 (5) (b) 3. and 4. of the statutes are created to read:
SB285-SSA1,7,1712
196.52
(5) (b) 3. Except for subd. 4., this section does not apply to a
13telecommunications utility that offers a bundle or package, and except that such a
14telecommunications utility shall provide a copy of any contract or arrangement with
15an affiliated interest that is necessary for an investigation of a violation of s. 196.219,
16other than s. 196.219 (3) (g), and has been requested by the commission or a party
17to a complaint proceeding.
SB285-SSA1,7,2418
4. Any contract or arrangement between a telecommunications utility and an
19affiliated interest shall specify the services furnished, and the properties, rights, or
20things purchased, sold, leased, or exchanged, under the contract or arrangement,
21and shall specify the rates, terms, and conditions for such furnishing, purchase, sale,
22lease, or exchange. A telecommunications utility shall retain a copy of any contract
23or arrangement with an affiliated interest for 3 years after the termination date of
24the contract or arrangement.
SB285-SSA1,8,4
1(1) Notwithstanding the treatment of sections 196.203 (2) (b) and 196.50 (1) (b)
21., 2., and 3. by this act, the parties to the proceeding before the Public Service
3Commission in docket 3355-NC-104 shall comply with the settlement agreement
4accepted by the commission in that proceeding.
SB285-SSA1,8,76
(1)
The treatment of section 196.194 (1) of the statutes first applies to tariffs
7filed on the effective date of this subsection.
SB285-SSA1,8,98
(2)
The treatment of section 196.203 (2) (c) and (3) (a) of the statutes first
9applies to petitions filed on the effective date of this subsection.