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, s. 21 12Section 21. 66.0422 (3) (b) of the statutes is amended to read:
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, s. 22 20Section 22. 66.0422 (3n) of the statutes is amended to read:
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, s. 23 23Section 23. 70.111 (25) of the statutes is amended to read:
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, s. 24 4Section 24. 76.80 (3) of the statutes is amended to read:
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 cable 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, s. 25 10Section 25. 77.52 (2) (a) 12. of the statutes is amended to read:
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, s. 26 13Section 26. 100.195 (1) (c) 2. of the statutes, as created by 2005 Wisconsin Act
14458
, is amended to read:
AB207-engrossed,33,1515 100.195 (1) (c) 2. Telecommunications services or cable television services.
AB207-engrossed, s. 27 16Section 27. 100.195 (1) (h) 1. of the statutes, as created by 2005 Wisconsin Act
17458
, is repealed and recreated to read:
AB207-engrossed,33,1818 100.195 (1) (h) 1. Video service, as defined in s. 66.0420 (2) (y).
AB207-engrossed, s. 27d 19Section 27d. 100.209 (title) of the statutes is amended to read:
AB207-engrossed,33,21 20100.209 (title) Cable television Video programming service subscriber
21rights.
AB207-engrossed, s. 27h 22Section 27h. 100.209 (1) (a) and (b) of the statutes are repealed.
AB207-engrossed, s. 27k 23Section 27k. 100.209 (1) (c) and (d) of the statutes are created to read:
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, s. 27p 5Section 27p. 100.209 (2) of the statutes is amended to read:
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, s. 27t 14Section 27t. 100.209 (3) of the statutes is amended to read:
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, s. 28c 20Section 28c. 134.43 (1) of the statutes is renumbered 134.43 (1m) and
21amended to read:
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, s. 28g 11Section 28g. 134.43 (1g) of the statutes is created to read:
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, s. 28n 21Section 28n. 134.43 (1m) (e) of the statutes is created to read:
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, s. 28r 24Section 28r. 134.43 (2) (a) of the statutes is amended to read:
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, s. 28w 3Section 28w. 134.43 (2m) (a) of the statutes is amended to read:
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, s. 31 4Section 31. 182.017 (1g) of the statutes is created to read:
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, s. 32 20Section 32. 182.017 (3) of the statutes is amended to read:
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, s. 33 6Section 33. 182.017 (5) of the statutes is amended to read:
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, s. 34 13Section 34. 182.017 (6) of the statutes is amended to read:
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, s. 35 18Section 35. 182.017 (8) of the statutes is created to read:
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.
AB207-engrossed,40,2524 8. Scheduling and coordinating highway, street, and right-of-way work
25relevant to a company permit.
AB207-engrossed,41,3
1(c) A municipal regulation is unreasonable if it requires a company to be
2responsible for fees under s. 182.0175 (1m) (bm) that may be assessed to a
3municipality as a member of the one-call system under s. 182.0175.
AB207-engrossed,41,54 (d) It is reasonable for a municipal regulation to provide for the recovery of costs
5incurred under par. (b) 1., 2., 3, and 7. through a preexcavation permit fee.
AB207-engrossed,41,86 (e) It is reasonable for a municipal regulation to provide for the recovery of costs
7incurred under par. (b) 4., 5., and 6. only from the company that is responsible for
8causing the municipality to incur the costs.
AB207-engrossed, s. 36 9Section 36. 182.017 (9) of the statutes is created to read:
AB207-engrossed,41,1610 182.017 (9) Time limit for permits. If a municipality establishes a permit
11process under sub. (1r), the municipality shall approve or deny a permit application
12no later than 60 days after receipt of the application, and, if the municipality fails
13to do so, the municipality shall be considered to have approved the application and
14granted the permit. If a municipality denies a permit application, the municipality
15shall provide the applicant a written explanation of the reasons for the denial at the
16time that the municipality denies the application.
AB207-engrossed, s. 37 17Section 37. 196.01 (1g) of the statutes is amended to read:
AB207-engrossed,42,218 196.01 (1g) "Basic local exchange service" means the provision to residential
19customers of an access facility, whether by wire, cable, fiber optics or radio, and
20essential usage within a local calling area for the transmission of high-quality
212-way interactive switched voice or data communication. "Basic local exchange
22service" includes extended community calling and extended area service. "Basic
23local exchange service" does not include additional access facilities or any
24discretionary or optional services that may be provided to a residential customer.

1"Basic local exchange service" does not include cable television service or services
2provided by a commercial mobile radio service provider.
AB207-engrossed, s. 38 3Section 38. 196.01 (1p) of the statutes is repealed and recreated to read:
AB207-engrossed,42,44 196.01 (1p) "Cable service" has the meaning given in 47 USC 522 (6).
AB207-engrossed, s. 39 5Section 39. 196.01 (9m) of the statutes is amended to read:
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