AB207-engrossed,31,8
166.0421
(2) Interference prohibited. The owner or manager of a multiunit
2dwelling under common ownership, control or management or of a mobile home park
3or the association or board of directors of a condominium may not prevent a
cable
4operator video service provider from providing
cable video service to a subscriber who
5is a resident of the multiunit dwelling, mobile home park or of the condominium or
6interfere with a
cable operator video service provider providing
cable video service
7to a subscriber who is a resident of the multiunit dwelling, mobile home park or of
8the condominium.
AB207-engrossed,31,1910
66.0421
(3) Installation in multiunit building. Before installation, a
cable
11operator video service provider shall consult with the owner or manager of a
12multiunit dwelling or with the association or board of directors of a condominium to
13establish the points of attachment to the building and the methods of wiring. A
cable
14operator video service provider shall install facilities to provide
cable video service
15in a safe and orderly manner and in a manner designed to minimize adverse effects
16to the aesthetics of the multiunit dwelling or condominium. Facilities installed to
17provide
cable video service may not impair public safety, damage fire protection
18systems or impair fire-resistive construction or components of a multiunit dwelling
19or condominium.
AB207-engrossed,31,2321
66.0421
(4) Repair responsibility. A
cable operator video service provider is
22responsible for any repairs to a building required because of the construction,
23installation, disconnection or servicing of facilities to provide
cable video service.
AB207-engrossed,32,2
166.0422 (title)
Cable television Video service, telecommunications, and
2broadband facilities.
AB207-engrossed,32,55
66.0422
(1) (d) "Video service" has the meaning given in s. 66.0420 (2) (y).
AB207-engrossed,32,117
66.0422
(2) (intro.) Except as provided in subs. (3), (3d), (3m), and (3n), no local
8government may enact an ordinance or adopt a resolution authorizing the local
9government to construct, own, or operate any facility for providing
cable video 10service, telecommunications service, or broadband service, directly or indirectly, to
11the public, unless all of the following are satisfied:
AB207-engrossed,32,1913
66.0422
(3) (b) A majority of the governing board of the local government votes
14to submit the question of supporting the operation of the facility for providing
cable 15video service, telecommunications service, or Internet access service, directly or
16indirectly to the public, by the local government to the electors in an advisory
17referendum and a majority of the voters in the local government voting at the
18advisory referendum vote to support operation of such a facility by the local
19government.
AB207-engrossed,32,2221
66.0422
(3n) Subsection (2) does not apply to a local government that, on March
221, 2004, was providing
cable video service to the public.
AB207-engrossed,33,3
170.111
(25) Digital broadcasting equipment. Digital broadcasting equipment
2owned and used by a radio station, television station, or
cable television system video
3service network, as defined in s.
66.0419 (2) (d)
66.0420 (2) (zb).
AB207-engrossed,33,95
76.80
(3) "Telecommunications services" means the transmission of voice,
6video, facsimile or data messages, including telegraph messages, except that
7"telecommunications services" does not include c
able television video service, as
8defined in s. 66.0420 (2) (y), radio, one-way radio paging or transmitting messages
9incidental to transient occupancy in hotels, as defined in s. 254.61 (3).
AB207-engrossed,33,1211
77.52
(2) (a) 12. The sale of cable television system services
, or video services,
12as defined in s. 66.0420 (2) (y), including installation charges.
AB207-engrossed,33,1515
100.195
(1) (c) 2. Telecommunications services or
cable television services.
AB207-engrossed,33,1818
100.195
(1) (h) 1. Video service, as defined in s. 66.0420 (2) (y).
AB207-engrossed,33,21
20100.209 (title)
Cable television Video programming service subscriber
21rights.
AB207-engrossed,34,3
1100.209
(1) (c) "Multichannel video provider" means an interim cable operator,
2as defined in s. 66.0420 (2) (n), video service provider, as defined in s. 66.0420 (2) (zg),
3or multichannel video programming distributor, as defined in
47 USC 522 (13).
AB207-engrossed,34,44
(d) "Video programming" has the meaning given in s. 66.0420 (2) (x).
AB207-engrossed,34,96
100.209
(2) Rights. (a) A
cable operator multichannel video provider shall
7repair
cable video programming service within 72 hours after a subscriber reports
8a service interruption or requests the repair if the service interruption is not the
9result of a natural disaster.
AB207-engrossed,34,1410
(b) Upon notification by a subscriber of a service interruption, a
cable operator 11multichannel video provider shall give the subscriber a credit for one day of
cable 12video programming service if
cable
video programming service is interrupted for
13more than 4 hours in one day and the interruption is caused by the
cable operator 14multichannel video provider.
AB207-engrossed,34,1915
(bm) Upon notification by a subscriber of a service interruption, a
cable
16operator multichannel video provider shall give the subscriber a credit for each hour
17that
cable video programming service is interrupted if
cable video programming 18service is interrupted for more than
4 24 hours
in one day and the interruption is
19not caused by the
cable operator multichannel video provider.
AB207-engrossed,34,2520
(c) A
cable operator multichannel video provider shall give a subscriber at least
2130 days' advance written notice before deleting a program service from its
cable video
22programming service. A
cable operator multichannel video provider is not required
23to give the notice under this paragraph if the
cable operator multichannel video
24provider makes a channel change because of circumstances beyond the control of the
25cable operator multichannel video provider.
AB207-engrossed,35,2
1(d) A
cable operator multichannel video provider shall give a subscriber at least
230 days' advance written notice before instituting a rate increase.
AB207-engrossed,35,53
(e) 1. A
cable operator multichannel video provider may not disconnect a
4subscriber's
cable video programming service, or a portion of that service, for failure
5to pay a bill until the unpaid bill is at least 45 days past due.
AB207-engrossed,35,136
2. If a
cable operator multichannel video provider intends to disconnect a
7subscriber's
cable video programming service, or a portion of that service, the
cable
8operator multichannel video provider shall give the subscriber at least 10 days'
9advance written notice of the disconnection. A
cable operator multichannel video
10provider is not required to give the notice under this subdivision if the disconnection
11is requested by the subscriber, is necessary to prevent theft of
cable video
12programming service or is necessary to reduce or prevent signal leakage, as
13described in
47 CFR 76.611.
AB207-engrossed,35,1915
100.209
(3) Rules and local ordinances orders allowed. This section does
16not prohibit the department from promulgating a rule or from issuing an order
17consistent with its authority under this chapter that gives a subscriber greater rights
18than the rights under sub. (2)
or prohibit a city, village or town from enacting an
19ordinance that gives a subscriber greater rights than the rights under sub. (2).
AB207-engrossed,36,222
134.43
(1m) (a) Upon the request of
the a subscriber,
each cable television
23connection capable of transmitting a message from the cable the subscriber's 24equipment shall be fitted with a device under the control of the subscriber that
1enables the subscriber to prevent reception and transmission of messages identified
2in par. (b) by the subscriber's
cable equipment.
AB207-engrossed,36,53
(b) The device in par. (a) shall control all messages received and transmitted
4by the subscriber's
cable equipment except messages recurring at constant intervals,
5including those related to security, fire
, and utility service.
AB207-engrossed,36,86
(c)
Each cable television Each multichannel video provider shall notify each 7subscriber
shall be notified in writing
by the person providing the cable television
8service of the opportunity to request the device under par. (a).
AB207-engrossed,36,109
(d) No
cable television subscriber may be required to pay any extra fee for the
10installation and operation of a device requested under par. (a).
AB207-engrossed,36,1212
134.43
(1g) In this section:
AB207-engrossed,36,1413
(a) "Equipment" means equipment provided by a multichannel video provider
14that enables a subscriber to receive video programming.
AB207-engrossed,36,1715
(b) "Multichannel video provider" means an interim cable operator, as defined
16in s. 66.0420 (2) (n), video service provider, as defined in s. 66.0420 (2) (zg), or
17multichannel video programming distributor, as defined in
47 USC 522 (13).
AB207-engrossed,36,1918
(c) "Subscriber" means a person who subscribes to video programming provided
19by a multichannel video provider.
AB207-engrossed,36,2020
(d) "Video programming" has the meaning given in s. 66.0420 (2) (x).
AB207-engrossed,36,2322
134.43
(1m) (e) This subsection does not apply to a multichannel video provider
23that provides video programming via Internet protocol technology.
AB207-engrossed,37,2
1134.43
(2) (a) Monitor the subscriber's
cable equipment or the use of it, except
2to verify the system's integrity or to collect information for billing of pay services.
AB207-engrossed,37,104
134.43
(2m) (a) A person may supply the name, address
, or other information
5identifying a
cable television subscriber or member of the subscriber's household to
6another person if the person receiving the information uses it only for billing of pay
7services or to send listings of
cable television
video programming programs to the
8subscriber and if the subscriber is notified in writing of that supplying of
9information, given the opportunity to object to that supplying and does not object to
10that supplying.
AB207-engrossed, s. 30
11Section
30. 182.017 (1) of the statutes is renumbered 182.017 (1r) and
12amended to read:
AB207-engrossed,38,313
182.017
(1r) Right-of-way for. Any
domestic corporation organized to furnish
14telegraph or telecommunications service or transmit heat, power or electric current
15to the public or for public purposes, an independent system operator, as defined in
16s. 196.485 (1) (d), an independent transmission owner, as defined in s. 196.485 (1)
17(dm), or a cooperative association organized under ch. 185 or 193 to furnish telegraph
18or telecommunications service or a cooperative organized under ch. 185 to transmit
19heat, power or electric current to its members, company may, subject to ss. 30.44
20(3m), 30.45, 86.16
, and 196.491 (3) (d) 3m. and to reasonable regulations made by any
21city, village or town municipality through which its transmission lines or systems
22may pass, construct and maintain such lines or systems with all necessary
23appurtenances in, across or beneath any public highway or bridge or any stream or
24body of water, or upon any lands of any owner consenting thereto, and for such
25purpose may acquire lands or the necessary easements; and may connect and operate
1its lines or system with other lines or systems devoted to like business, within or
2without this state, and charge reasonable rates for the transmission and delivery of
3messages or the furnishing of heat, power
, or electric light.
AB207-engrossed,38,55
182.017
(1g) Definitions. In this section:
AB207-engrossed,38,66
(a) "Commission" means the public service commission.
AB207-engrossed,38,77
(b) "Company" means any of the following:
AB207-engrossed,38,108
1. A domestic corporation organized to furnish telegraph or
9telecommunications service or transmit heat, power, or electric current to the public
10or for public purposes.
AB207-engrossed,38,1111
2. An independent system operator, as defined in s. 196.485 (1) (d).
AB207-engrossed,38,1212
3. An independent transmission owner, as defined in s. 196.485 (1) (dm).
AB207-engrossed,38,1413
4. A cooperative association organized under ch. 185 or 193 to furnish telegraph
14or telecommunications service.
AB207-engrossed,38,1615
5. A cooperative association organized under ch. 185 to transmit heat, power,
16or electric current to its members.
AB207-engrossed,38,1717
6. An interim cable operator, as defined in s. 66.0420 (2) (n).
AB207-engrossed,38,1818
7. A video service provider, as defined in s. 66.0420 (2) (zg).
AB207-engrossed,38,1919
(c) "Municipality" means a city, village, or town.
AB207-engrossed,39,521
182.017
(3) Abandoned lines removed. The
public service commission after a
22public hearing as provided in s. 196.26, and subject to the right of review as provided
23in ch. 227, may declare any line to have been abandoned or discontinued, if the facts
24warrant such finding. Whenever such a finding shall have been made the
25corporation company shall remove such line, and on failure for 3 months after such
1finding of abandonment or discontinuance, any person owning land over, through or
2upon which such line shall pass, may remove the same, or the supervisors of any town
3within which said lines may be situated, may remove the said lines from the limits
4of its highways, and such person or supervisors shall be entitled to recover from the
5company owning the lines the expense for labor involved in removing the property.
AB207-engrossed,39,127
182.017
(5) Tree trimming. Any
such corporation company which shall in any
8manner destroy, trim or injure any shade or ornamental trees along any such lines
9or systems, or, in the course of tree trimming or removal, cause any damage to
10buildings, fences, crops, livestock or other property, except by the consent of the
11owner, or after the right so to do has been acquired, shall be liable to the person
12aggrieved in 3 times the actual damage sustained, besides costs.
AB207-engrossed,39,1714
182.017
(6) Municipal franchise required. No lighting or heating corporation
15or lighting or heating cooperative association shall have any right hereunder in any
16city, village or town municipality until it has obtained a franchise or written consent
17for the erection or installation of its lines from such
city, village or town municipality.
AB207-engrossed,40,719
182.017
(8) Commission review. (a) Upon complaint by a company that a
20regulation by a municipality under sub. (1r) is unreasonable, the commission shall
21set a hearing and, if the commission finds that the regulation is unreasonable, the
22regulation shall be void. If the commission determines that a municipal regulation
23that was in effect on January 1, 2007, and immediately prior to the effective date of
24this subsection .... [revisor inserts date], or that a community standard, as
25demonstrated through consistent practice and custom in the municipality, that was
1in effect on January 1, 2007, and immediately prior to the effective date of this
2subsection .... [revisor inserts date], is substantially the same as the municipal
3regulation complained of, there is a rebuttable presumption that the latter
4regulation is reasonable. A municipal regulation is unreasonable if it has the effect
5of creating a moratorium on the placement of company lines or systems under sub.
6(1r) or on the entrance into the municipality of a video service provider, as defined
7in s. 66.0420 (2) (zg), or is inconsistent with the purposes of s. 66.0420.
AB207-engrossed,40,118
(b) A municipal regulation is unreasonable if it requires a company to pay more
9than the actual cost of functions undertaken by the municipality to manage company
10access to and use of municipal rights-of-way. These management functions include
11all of the following:
AB207-engrossed,40,1312
1. Registering companies, including the gathering and recording of information
13necessary to conduct business with a company.
AB207-engrossed,40,1614
2. Except as provided in provided in par. (c), issuing, processing, and verifying
15excavation or other company permit applications, including supplemental
16applications.
AB207-engrossed,40,1717
3. Inspecting company job sites and restoration projects.
AB207-engrossed,40,1918
4. Maintaining, supporting, protecting, or moving company equipment during
19work in municipal rights-of-way.
AB207-engrossed,40,2120
5. Undertaking restoration work inadequately performed by a company after
21providing notice and the opportunity to correct the work.
AB207-engrossed,40,2222
6. Revoking company permits.
AB207-engrossed,40,2323
7. Maintenance of databases.