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.
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,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,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,42,44
196.01
(1p) "Cable service" has the meaning given in
47 USC 522 (6).
AB207-engrossed,42,116
196.01
(9m) "Telecommunications service" means the offering for sale of the
7conveyance of voice, data or other information at any frequency over any part of the
8electromagnetic spectrum, including the sale of service for collection, storage,
9forwarding, switching and delivery incidental to such communication and including
10the regulated sale of customer premises equipment. "Telecommunications service"
11does not include cable
television service or broadcast service.
AB207-engrossed,42,1313
196.01
(12g) "Video service" has the meaning given in s. 66.0420 (2) (y).
AB207-engrossed,42,1615
196.01
(12r) "Video service provider" has the meaning given in s. 66.0420 (2)
16(zg), and also includes an interim cable operator, as defined in s. 66.0420 (2) (n).
AB207-engrossed, s. 42
17Section
42. 196.04 (4) (a) (intro.) and 2. (intro.) of the statutes are
18consolidated, renumbered 196.04 (4) (a) (intro.) and amended to read:
AB207-engrossed,42,2019
196.04
(4) (a) (intro.) In this subsection
: 2. "Sewerage, "sewerage system
20operator" means any of the following:
AB207-engrossed, s. 44
22Section
44. 196.04 (4) (a) 2. a. to e. of the statutes are renumbered 196.04 (4)
23(a) 1. to 5.
AB207-engrossed,43,15
1196.04
(4) (b) If the parties cannot agree and the commission finds that public
2convenience and necessity or the rendition of reasonably adequate service to the
3public requires that a public utility, telecommunications provider, sewerage system
4operator
, or
cable operator video service provider be permitted to extend its lines on,
5over or under the right-of-way of any railroad, or requires that the tracks of any
6railroad be extended on, over or under the right-of-way of any public utility,
7telecommunications provider, sewerage system operator
, or
cable operator video
8service provider, the commission may order the extension by the public utility,
9telecommunications provider, sewerage system operator,
cable operator video
10service provider, or railroad on, over or under the right-of-way of the other if it will
11not materially impair the ability of the railroad, telecommunications provider,
12sewerage system operator,
cable operator video service provider, or public utility, on,
13over or under whose right-of-way the extension would be made, to serve the public.
14The commission shall prescribe lawful conditions and compensation which the
15commission deems equitable and reasonable in light of all the circumstances.
AB207-engrossed,44,217
196.195
(5) Commission action. If after the proceedings under subs. (2), (3) and
18(4) the commission has determined that effective competition exists in the market
19for the telecommunications service which justifies a lesser degree of regulation and
20that lesser regulation in that market will serve the public interest, the commission
21may, by order, suspend any of the following provisions of law, except as provided
22under subs. (7) and (8): ch. 201 and s. 196.02 (2); s. 196.05; s. 196.06; s. 196.07; s.
23196.09; s. 196.10; s. 196.12; s. 196.13 (2); s. 196.19; tariffing requirements under s.
24196.194; s. 196.196 (1) or (5); s. 196.20;
s. 196.204 (7); s. 196.21; s. 196.22; s. 196.26;
1s. 196.28; s. 196.37; s. 196.49; s. 196.52; s. 196.58; s. 196.60; s. 196.604; s. 196.77; s.
2196.78; s. 196.79; and s. 196.805.
AB207-engrossed,44,74
196.203
(1m) Any person claiming to be a cable
television telecommunications
5service provider under this section shall annually file with the commission any
6information required by the commission to determine the gross income of the person
7which is derived from the operation of a cable television system.
AB207-engrossed,44,139
196.203
(3) (b) (intro.) The commission may not deny a petition filed under par.
10(a) by a provider of cable
television service for alternative telecommunications utility
11status in a particular geographical area as not being in the public interest if basic
12local exchange service is provided in the same geographical area by any of the
13following:
AB207-engrossed,44,1815
196.203
(3) (b) 2. Subject to par. (c), a telecommunications utility with 50,000
16or less access lines in use in this state which also provides cable
television service in
17that geographical area, if provision of cable
television service began after September
181, 1994.
AB207-engrossed,44,2220
196.203
(3) (c) Paragraph (b) 2. shall not apply if the telecommunications
21utility's provision of cable
television service is limited to the provision of satellite
22cable programming, as defined in s. 943.47 (1) (b).
AB207-engrossed,44,2524
196.203
(3) (d) Section 196.50 (1) (b) applies to an alternative
25telecommunications utility except for a provider of cable
television service.
AB207-engrossed,45,72
196.203
(3) (e) 1. (intro.) If a provider of cable
television service files a petition
3under par. (a) for alternative telecommunications status to offer local exchange
4service, as defined in s. 196.50 (1) (b) 1., in a geographical area served by a
5telecommunications utility with less than 50,000 access lines in use in this state on
6September 1, 1994, or at any time thereafter, the commission may not deny the
7petition as not being in the public interest and shall do any of the following:
AB207-engrossed,45,1410
196.50
(1) (b) 2. e. The holder of the permit and the applicant are both providers
11of
cable television video service, if the holder's provision of
cable television video 12service began after September 1, 1994.
This subd. 2. e. does not apply if the holder's
13provision of cable television service is limited to the provision of satellite cable
14programming, as defined in s. 943.47 (1) (b).
AB207-engrossed,45,2016
196.50
(1) (c) Any provision in an agreement or municipal franchise that
17prohibits entry into the telecommunications or
cable television video services market
18after September 1, 1994, is void.
Paragraph (b) and this paragraph do not invalidate
19an ordinance enacted under s. 66.0419 which requires a provider of cable television
20services to obtain a franchise before offering those services.
AB207-engrossed,45,2522
196.85
(1m) (b) For the purpose of direct assessment under sub. (1) of expenses
23incurred by the commission in connection with its activities under s. 196.04 (4), the
24term "public utility" includes a
cable operator, as defined in s. 66.0419 (2) (b) video
25service provider.
AB207-engrossed,46,42
196.85
(1m) (d) For the purpose of direct assessment under sub. (1) of expenses
3incurred by the commission in connection with its activities under s. 182.017, the
4term "public utility" includes a company, as defined in s. 182.017 (1g) (b).
AB207-engrossed,46,6
6943.46 (title)
Theft of cable television video service.
AB207-engrossed, s. 59
7Section
59. 943.46 (1) (a) of the statutes is renumbered 943.46 (1) (c) and
8amended to read:
AB207-engrossed,46,139
943.46
(1) (c) "
Cable television
Video service" has the meaning given in s.
10196.01 (1p). "Cable television 66.0420 (2) (y), except that "video service" does not
11include signals received by privately owned antennas that are not connected to a
12cable television system video service network whether or not the same signals are
13provided by a
cable television company video service provider.