SB107,30,2323 66.0421 (1) (c) "Video service" has the meaning given in s. 66.0420 (2) (y).
SB107, s. 12 24Section 12. 66.0421 (1) (d) of the statutes is created to read:
SB107,31,2
166.0421 (1) (d) "Video service provider" has the meaning given in s. 66.0420 (2)
2(zg), and also includes an interim cable operator, as defined in s. 66.0420 (2) (n).
SB107, s. 13 3Section 13. 66.0421 (2) of the statutes is amended to read:
SB107,31,114 66.0421 (2) Interference prohibited. The owner or manager of a multiunit
5dwelling under common ownership, control or management or of a mobile home park
6or the association or board of directors of a condominium may not prevent a cable
7operator
video service provider from providing cable video service to a subscriber who
8is a resident of the multiunit dwelling, mobile home park or of the condominium or
9interfere with a cable operator video service provider providing cable video service
10to a subscriber who is a resident of the multiunit dwelling, mobile home park or of
11the condominium.
SB107, s. 14 12Section 14. 66.0421 (3) of the statutes is amended to read:
SB107,31,2213 66.0421 (3) Installation in multiunit building. Before installation, a cable
14operator
video service provider shall consult with the owner or manager of a
15multiunit dwelling or with the association or board of directors of a condominium to
16establish the points of attachment to the building and the methods of wiring. A cable
17operator
video service provider shall install facilities to provide cable video service
18in a safe and orderly manner and in a manner designed to minimize adverse effects
19to the aesthetics of the multiunit dwelling or condominium. Facilities installed to
20provide cable video service may not impair public safety, damage fire protection
21systems or impair fire-resistive construction or components of a multiunit dwelling
22or condominium.
SB107, s. 15 23Section 15. 66.0421 (4) of the statutes is amended to read:
SB107,32,3
166.0421 (4) Repair responsibility. A cable operator video service provider is
2responsible for any repairs to a building required because of the construction,
3installation, disconnection or servicing of facilities to provide cable video service.
SB107, s. 16 4Section 16. 66.0422 (title) of the statutes is amended to read:
SB107,32,6 566.0422 (title) Cable television Video service, telecommunications, and
6broadband facilities.
SB107, s. 17 7Section 17. 66.0422 (1) (a) of the statutes is repealed.
SB107, s. 18 8Section 18. 66.0422 (1) (d) of the statutes is created to read:
SB107,32,99 66.0422 (1) (d) "Video service" has the meaning given in s. 66.0420 (2) (y).
SB107, s. 19 10Section 19. 66.0422 (2) (intro.) of the statutes is amended to read:
SB107,32,1511 66.0422 (2) (intro.) Except as provided in subs. (3), (3d), (3m), and (3n), no local
12government may enact an ordinance or adopt a resolution authorizing the local
13government to construct, own, or operate any facility for providing cable video
14service, telecommunications service, or broadband service, directly or indirectly, to
15the public, unless all of the following are satisfied:
SB107, s. 20 16Section 20. 66.0422 (3) (b) of the statutes is amended to read:
SB107,32,2317 66.0422 (3) (b) A majority of the governing board of the local government votes
18to submit the question of supporting the operation of the facility for providing cable
19video service, telecommunications service, or Internet access service, directly or
20indirectly to the public, by the local government to the electors in an advisory
21referendum and a majority of the voters in the local government voting at the
22advisory referendum vote to support operation of such a facility by the local
23government.
SB107, s. 21 24Section 21. 66.0422 (3n) of the statutes is amended to read:
SB107,33,2
166.0422 (3n) Subsection (2) does not apply to a local government that, on March
21, 2004, was providing cable video service to the public.
SB107, s. 22 3Section 22. 70.111 (25) of the statutes is amended to read:
SB107,33,64 70.111 (25) Digital broadcasting equipment. Digital broadcasting equipment
5owned and used by a radio station, television station, or cable television system video
6service network
, as defined in s. 66.0419 (2) (d) 66.0420 (2) (zb).
SB107, s. 23 7Section 23. 76.80 (3) of the statutes is amended to read:
SB107,33,128 76.80 (3) "Telecommunications services" means the transmission of voice,
9video, facsimile or data messages, including telegraph messages, except that
10"telecommunications services" does not include cable television video service, as
11defined in s. 66.0420 (2) (y)
, radio, one-way radio paging or transmitting messages
12incidental to transient occupancy in hotels, as defined in s. 254.61 (3).
SB107, s. 24 13Section 24. 77.52 (2) (a) 12. of the statutes is amended to read:
SB107,33,1514 77.52 (2) (a) 12. The sale of cable television system services, or video services,
15as defined in s. 66.0420 (2) (y),
including installation charges.
SB107, s. 25 16Section 25. 100.195 (1) (c) 2. of the statutes, as created by 2005 Wisconsin Act
17458
, is amended to read:
SB107,33,1818 100.195 (1) (c) 2. Telecommunications services or cable television services.
SB107, s. 26 19Section 26. 100.195 (1) (h) 1. of the statutes, as created by 2005 Wisconsin Act
20458
, is repealed and recreated to read:
SB107,33,2121 100.195 (1) (h) 1. Video service, as defined in s. 66.0420 (2) (y).
SB107, s. 27 22Section 27. 100.209 of the statutes is repealed.
SB107, s. 28 23Section 28. 165.25 (4) (ar) of the statutes, as affected by 2005 Wisconsin Act
24458
, is amended to read:
SB107,34,6
1165.25 (4) (ar) The department of justice shall furnish all legal services
2required by the department of agriculture, trade and consumer protection relating
3to the enforcement of ss. 100.171, 100.173, 100.174, 100.175, 100.177, 100.18,
4100.182, 100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.37, 100.42, 100.50,
5100.51, and 100.195 and chs. 126, 136, 344, 704, 707, and 779, together with any
6other services as are necessarily connected to the legal services.
SB107, s. 29 7Section 29. 196.01 (1g) of the statutes is amended to read:
SB107,34,168 196.01 (1g) "Basic local exchange service" means the provision to residential
9customers of an access facility, whether by wire, cable, fiber optics or radio, and
10essential usage within a local calling area for the transmission of high-quality
112-way interactive switched voice or data communication. "Basic local exchange
12service" includes extended community calling and extended area service. "Basic
13local exchange service" does not include additional access facilities or any
14discretionary or optional services that may be provided to a residential customer.
15"Basic local exchange service" does not include cable television service or services
16provided by a commercial mobile radio service provider.
SB107, s. 30 17Section 30. 196.01 (1p) of the statutes is repealed and recreated to read:
SB107,34,1818 196.01 (1p) "Cable service" has the meaning given in 47 USC 522 (6).
SB107, s. 31 19Section 31. 196.01 (9m) of the statutes is amended to read:
SB107,34,2520 196.01 (9m) "Telecommunications service" means the offering for sale of the
21conveyance of voice, data or other information at any frequency over any part of the
22electromagnetic spectrum, including the sale of service for collection, storage,
23forwarding, switching and delivery incidental to such communication and including
24the regulated sale of customer premises equipment. "Telecommunications service"
25does not include cable television service or broadcast service.
SB107, s. 32
1Section 32. 196.01 (12g) of the statutes is created to read:
SB107,35,22 196.01 (12g) "Video service" has the meaning given in s. 66.0420 (2) (y).
SB107, s. 33 3Section 33. 196.01 (12r) of the statutes is created to read:
SB107,35,54 196.01 (12r) "Video service provider" has the meaning given in s. 66.0420 (2)
5(zg), and also includes an interim cable operator, as defined in s. 66.0420 (2) (n).
SB107, s. 34 6Section 34. 196.04 (4) (a) (intro.) and 2. (intro.) of the statutes are
7consolidated, renumbered 196.04 (4) (a) (intro.) and amended to read:
SB107,35,98 196.04 (4) (a) (intro.) In this subsection: 2. "Sewerage, "sewerage system
9operator" means any of the following:
SB107, s. 35 10Section 35. 196.04 (4) (a) 1. of the statutes is repealed.
SB107, s. 36 11Section 36. 196.04 (4) (a) 2. a. to e. of the statutes are renumbered 196.04 (4)
12(a) 1. to 5.
SB107, s. 37 13Section 37. 196.04 (4) (b) of the statutes is amended to read:
SB107,36,314 196.04 (4) (b) If the parties cannot agree and the commission finds that public
15convenience and necessity or the rendition of reasonably adequate service to the
16public requires that a public utility, telecommunications provider, sewerage system
17operator, or cable operator video service provider be permitted to extend its lines on,
18over or under the right-of-way of any railroad, or requires that the tracks of any
19railroad be extended on, over or under the right-of-way of any public utility,
20telecommunications provider, sewerage system operator, or cable operator video
21service provider
, the commission may order the extension by the public utility,
22telecommunications provider, sewerage system operator, cable operator video
23service provider,
or railroad on, over or under the right-of-way of the other if it will
24not materially impair the ability of the railroad, telecommunications provider,
25sewerage system operator, cable operator video service provider, or public utility, on,

1over or under whose right-of-way the extension would be made, to serve the public.
2The commission shall prescribe lawful conditions and compensation which the
3commission deems equitable and reasonable in light of all the circumstances.
SB107, s. 38 4Section 38. 196.195 (5) of the statutes is amended to read:
SB107,36,145 196.195 (5) Commission action. If after the proceedings under subs. (2), (3) and
6(4) the commission has determined that effective competition exists in the market
7for the telecommunications service which justifies a lesser degree of regulation and
8that lesser regulation in that market will serve the public interest, the commission
9may, by order, suspend any of the following provisions of law, except as provided
10under subs. (7) and (8): ch. 201 and s. 196.02 (2); s. 196.05; s. 196.06; s. 196.07; s.
11196.09; s. 196.10; s. 196.12; s. 196.13 (2); s. 196.19; tariffing requirements under s.
12196.194; s. 196.196 (1) or (5); s. 196.20; s. 196.204 (7); s. 196.21; s. 196.22; s. 196.26;
13s. 196.28; s. 196.37; s. 196.49; s. 196.52; s. 196.58; s. 196.60; s. 196.604; s. 196.77; s.
14196.78; s. 196.79; and s. 196.805.
SB107, s. 39 15Section 39. 196.203 (1m) of the statutes is amended to read:
SB107,36,1916 196.203 (1m) Any person claiming to be a cable television telecommunications
17service provider under this section shall annually file with the commission any
18information required by the commission to determine the gross income of the person
19which is derived from the operation of a cable television system.
SB107, s. 40 20Section 40. 196.203 (3) (b) (intro.) of the statutes is amended to read:
SB107,36,2521 196.203 (3) (b) (intro.) The commission may not deny a petition filed under par.
22(a) by a provider of cable television service for alternative telecommunications utility
23status in a particular geographical area as not being in the public interest if basic
24local exchange service is provided in the same geographical area by any of the
25following:
SB107, s. 41
1Section 41. 196.203 (3) (b) 2. of the statutes is amended to read:
SB107,37,52 196.203 (3) (b) 2. Subject to par. (c), a telecommunications utility with 50,000
3or less access lines in use in this state which also provides cable television service in
4that geographical area, if provision of cable television service began after September
51, 1994.
SB107, s. 42 6Section 42. 196.203 (3) (c) of the statutes is amended to read:
SB107,37,97 196.203 (3) (c) Paragraph (b) 2. shall not apply if the telecommunications
8utility's provision of cable television service is limited to the provision of satellite
9cable programming, as defined in s. 943.47 (1) (b).
SB107, s. 43 10Section 43. 196.203 (3) (d) of the statutes is amended to read:
SB107,37,1211 196.203 (3) (d) Section 196.50 (1) (b) applies to an alternative
12telecommunications utility except for a provider of cable television service.
SB107, s. 44 13Section 44. 196.203 (3) (e) 1. (intro.) of the statutes is amended to read:
SB107,37,1914 196.203 (3) (e) 1. (intro.) If a provider of cable television service files a petition
15under par. (a) for alternative telecommunications status to offer local exchange
16service, as defined in s. 196.50 (1) (b) 1., in a geographical area served by a
17telecommunications utility with less than 50,000 access lines in use in this state on
18September 1, 1994, or at any time thereafter, the commission may not deny the
19petition as not being in the public interest and shall do any of the following:
SB107, s. 45 20Section 45. 196.204 (7) of the statutes is repealed.
SB107, s. 46 21Section 46. 196.50 (1) (b) 2. e. of the statutes is amended to read:
SB107,38,222 196.50 (1) (b) 2. e. The holder of the permit and the applicant are both providers
23of cable television video service, if the holder's provision of cable television video
24service began after September 1, 1994. This subd. 2. e. does not apply if the holder's

1provision of cable television service is limited to the provision of satellite cable
2programming, as defined in s. 943.47 (1) (b).
SB107, s. 47 3Section 47. 196.50 (1) (c) of the statutes is amended to read:
SB107,38,84 196.50 (1) (c) Any provision in an agreement or municipal franchise that
5prohibits entry into the telecommunications or cable television video services market
6after September 1, 1994, is void. Paragraph (b) and this paragraph do not invalidate
7an ordinance enacted under s. 66.0419 which requires a provider of cable television
8services to obtain a franchise before offering those services.
SB107, s. 48 9Section 48. 196.85 (1m) (b) of the statutes is amended to read:
SB107,38,1310 196.85 (1m) (b) For the purpose of direct assessment under sub. (1) of expenses
11incurred by the commission in connection with its activities under s. 196.04 (4), the
12term "public utility" includes a cable operator, as defined in s. 66.0419 (2) (b) video
13service provider
.
SB107, s. 49 14Section 49. 943.46 (title) of the statutes is amended to read:
SB107,38,15 15943.46 (title) Theft of cable television video service.
SB107, s. 50 16Section 50. 943.46 (1) (a) of the statutes is renumbered 943.46 (1) (c) and
17amended to read:
SB107,38,2218 943.46 (1) (c) "Cable television Video service" has the meaning given in s.
19196.01 (1p). "Cable television 66.0420 (2) (y), except that "video service" does not
20include signals received by privately owned antennas that are not connected to a
21cable television system video service network whether or not the same signals are
22provided by a cable television company video service provider.
SB107, s. 51 23Section 51. 943.46 (1) (d) of the statutes is created to read:
SB107,38,2524 943.46 (1) (d) "Video service network" has the meaning given in s. 66.0420 (2)
25(zb).
SB107, s. 52
1Section 52. 943.46 (1) (e) of the statutes is created to read:
SB107,39,32 943.46 (1) (e) "Video service provider" has the meaning given in s. 66.0420 (2)
3(zg), and also includes an interim cable operator, as defined in s. 66.0420 (2) (n).
SB107, s. 53 4Section 53. 943.46 (2) (a) of the statutes is amended to read:
SB107,39,145 943.46 (2) (a) Obtain or attempt to obtain cable television video service from
6a company provider by trick, artifice, deception, use of an illegal device or illegal
7decoder or other fraudulent means with the intent to deprive that company provider
8of any or all lawful compensation for rendering each type of service obtained. The
9intent required for a violation of this paragraph may be inferred from the presence
10on the property and in the actual possession of the defendant of a device not
11authorized by the cable television company video service provider, the major purpose
12of which is to permit reception of cable television video services without payment.
13This inference is rebutted if the defendant demonstrates that he or she purchased
14that device for a legitimate use.
SB107, s. 54 15Section 54. 943.46 (2) (b) of the statutes is amended to read:
SB107,39,2116 943.46 (2) (b) Give technical assistance or instruction to any person in
17obtaining or attempting to obtain any cable television video service without payment
18of all lawful compensation to the company provider providing that service. This
19paragraph does not apply if the defendant demonstrates that the technical
20assistance or instruction was given or the installation of the connection, descrambler
21or receiving device was for a legitimate use.
SB107, s. 55 22Section 55. 943.46 (2) (c) of the statutes is amended to read:
SB107,40,223 943.46 (2) (c) Make or maintain a connection, whether physical, electrical,
24mechanical, acoustical or by other means, with any cables, wires, components or
25other devices used for the distribution of cable television video services for the

1purpose of distributing cable television video service to any other dwelling unit
2without authority from a cable television company video service provider.
SB107, s. 56 3Section 56. 943.46 (2) (d) of the statutes is amended to read:
SB107,40,134 943.46 (2) (d) Make or maintain a connection, whether physical, electrical,
5mechanical, acoustical or by other means, with any cables, wires, components or
6other devices used for the distribution of cable television video services for the
7purpose of obtaining cable television video service without payment of all lawful
8compensation to the company provider providing that service. The intent required
9for a violation of this paragraph may be inferred from proof that the cable video
10service to the defendant's residence or business was connected under a service
11agreement with the defendant and has been disconnected by the cable television
12company
video service provider and that thereafter there exists in fact a connection
13to the cable system video service network at the defendant's residence or business.
SB107, s. 57 14Section 57. 943.46 (2) (e) of the statutes is amended to read:
SB107,41,715 943.46 (2) (e) Make or maintain any modification or alteration to any device
16installed with the authorization of a cable television company video service provider
17for the purpose of intercepting or receiving any program or other service carried by
18that company provider which that person is not authorized by that company provider
19to receive. The intent required for a violation of this paragraph may be inferred from
20proof that, as a matter of standard procedure, the cable television company video
21service provider
places written warning labels on its converters or decoders
22explaining that tampering with the device is a violation of law and the converter or
23decoder is found to have been tampered with, altered or modified so as to allow the
24reception or interception of programming carried by the cable television company
25video service provider without authority to do so. The trier of fact may also infer that

1a converter or decoder has been altered or modified from proof that the cable
2television company
video service provider, as a matter of standard procedure, seals
3the converters or decoders with a label or mechanical device, that the seal was shown
4to the customer upon delivery of the decoder and that the seal has been removed or
5broken. The inferences under this paragraph are rebutted if the cable television
6company
video service provider cannot demonstrate that the intact seal was shown
7to the customer.
SB107, s. 58 8Section 58. 943.46 (2) (f) of the statutes is amended to read:
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