Amendment SA2-SB469

SB469-SA2,9,9 34. Page 28, line 1: after that line insert:

SB469-SA2,9,10 " Section 80m. 196.50 (title) of the statutes is amended to read:

SB469-SA2,9,12 196.50 (title) Competing public utilities; indeterminate permits, telecommunications; telecommunications utility certification.".

SB469-SA2,9,13 35. Page 28, line 6: after " (j) 1." insert "a.".

SB469-SA2,9,14 36. Page 28, line 7: after that line insert:

SB469-SA2,9,15 " Section 83m. 196.50 (2) (b) of the statutes is amended to read:

SB469-SA2,9,24 196.50 (2) (b) A certificate, franchise, license or permit, indeterminate or otherwise, in effect on September 1, 1994, for a telecommunications utility shall remain in effect and shall have the effect of a certificate of authority. A telecommunications utility is not required to apply for a new certificate of authority to continue offering or providing service to the extent of the prior authorization. Each telecommunications utility, including telecommunications cooperatives and unincorporated telecommunications cooperative associations, shall have on file with the commission under s. 196.19 a tariff that sets forth the rates, terms and conditions for all services provided and a map that defines the geographical limits of the service territory that the telecommunications utility is obliged to serve.".

SB469-SA2,10,3 37. Page 28, line 21: after "exempt from" insert "all provisions of ch. 201 and".

SB469-SA2,10,4 38. Page 28, line 21: after "196.02 (2)," insert "196.03,".

SB469-SA2,10,17 39. Page 28, line 23: delete that line and substitute "196.78, and 196.79, except that with respect only to its switched access services, a telecommunications utility certified under this subsection with 50,000 or less access lines in this state is not exempt from s. 196.03 and, with respect only to its switched access services, a telecommunications utility certified under this subsection with more than 50,000 and less than 150,000 access lines in this state is not exempt from ss. 196.03 and 196.37. The intrastate access service rates of a telecommunications utility with 150,000 or more access lines in this state may not exceed the telecommunications utility's interstate access service rates for similar access services, except that such a telecommunications utility shall not assess an intrastate carrier common line charge or a substitute charge. Except to enforce this paragraph, the commission may not review or set the access rates for a telecommunications utility with 150,000 or more access lines.".

SB469-SA2,10,19 40. Page 28, line 24: delete the material beginning with that line and ending with page 29, line 2.

SB469-SA2,10,20 41. Page 29, line 4: delete "(j)" and substitute "(j) 1.".

SB469-SA2,10,21 42. Page 29, line 6: delete "1." and substitute "a.".

SB469-SA2,10,22 43. Page 29, line 9: delete "issuing" and substitute "granting".

SB469-SA2,11,2 44. Page 29, line 10: delete "196.203 and terminating" and substitute "196.203. The granting of such certification shall operate to terminate".

SB469-SA2,11,3 45. Page 29, line 14: delete lines 14 to 19 and substitute:

SB469-SA2,12,2 "b. Provide notice to the commission to recertify the telecommunications utility under this subsection and impose on the telecommunications utility only those provisions of this chapter specified in s. 196.203 (4m) that are imposed on all alternative telecommunications utilities under s. 196.203 (3). No later than 30 days after receiving notice under this subd. 1. b., the commission shall issue an order granting recertification under this subsection and imposing on the telecommunications utility only those provisions of this chapter specified in s. 196.203 (4m) that are imposed on all alternative telecommunications utilities under s. 196.203 (3). The telecommunications utility shall be exempt from all provisions of ch. 201 and this chapter, except ss. 196.025 (6) and 196.206, and except as provided in the order under this subd. 1. b.; and except that, if the telecommunications utility has 50,000 or less access lines in this state, then, only with respect to its switched access services, the telecommunications utility is not exempt from s. 196.03; and except that, if the telecommunications utility has more than 50,000 and less than 150,000 access lines in this state, then, only with respect to its switched access services, the telecommunications utility is not exempt from ss. 196.03 and 196.37. The granting of the recertification shall operate to terminate the telecommunications utility's prior certification, and all regulatory requirements related to the prior certification, including all such requirements imposed by the certification and all requirements imposed by the commission, whether by statute or commission rule or order, on the telecommunications utility are terminated on the effective date of the order.

SB469-SA2,12,5 2. Issuance of a commission order under subd. 1. shall operate as a limited waiver of the telecommunications utility's right to an exemption under 47 USC 251 (f) (1), which shall apply only to all of the following:

SB469-SA2,12,6 a. The requirements of 47 USC 251 (c) (1) and (2).

SB469-SA2,12,8 b. The requirements of 47 USC 251 (c) (5), but only with respect to the requirements of 47 CFR 51.325 (a) (1) and (2).

SB469-SA2,12,12 3. Issuance of a commission order under subd. 1. shall operate as a limited waiver of the telecommunications utility's right to petition the commission for suspension or modification under 47 USC 251 (f) (2), which shall apply only to all of the following:

SB469-SA2,12,13 a. The requirements of 47 USC 251 (b) and (c) (1) and (2).

SB469-SA2,12,15 b. The requirements of 47 USC 251 (c) (5), but only with respect to the requirements of 47 CFR 51.325 (a) (1) and (2).".

SB469-SA2,12,17 46. Page 32, line 11: delete "is amended" and substitute "is renumbered 196.975 (1r) and amended".

SB469-SA2,12,18 47. Page 32, line 12: delete "(1)" and substitute "(1r)".

SB469-SA2,12,20 48. Page 32, line 12: delete ", as defined in s. 196.213" and substitute " , as defined in s. 196.213".

SB469-SA2,12,21 49. Page 32, line 13: delete "196.215 (1) (a) 1.," and substitute "(1) (a) 1.,".

SB469-SA2,12,23 50. Page 32, line 22: delete the material beginning with that line and ending with page 33, line 4, and substitute:

SB469-SA2,12,24 " Section 102e. 196.975 (1g) of the statutes is created to read:

SB469-SA2,13,4 196.975 (1g) In this section, "consumer" means a person billed for one or more local telecommunications service access lines not to exceed one person per access line. A person billed for more than one access line may not be considered a consumer for each access line for which he or she is billed.

SB469-SA2, s. 102m Section 102m. 196.975 (2) of the statutes is amended to read:

SB469-SA2,13,11 196.975 (2) After receiving a petition under sub. (1) (1r), the commission shall schedule a public hearing, to be held in the local exchange area of the petitioners, serving to receive testimony on the contents of the petition and any other matters deemed relevant by the commission. The commission shall publish a class 1 notice under ch. 985 in a newspaper serving the local exchange area at least 20 days prior to the hearing.

SB469-SA2, s. 102s Section 102s. 201.15 of the statutes is repealed.".

SB469-SA2,13,13 51. Page 33, line 6: delete that line.

SB469-SA2,13,14 52. Page 33, line 7: delete that line and substitute:

SB469-SA2,13,15 "(1m) In this section:".

SB469-SA2,13,16 53. Page 33, line 8: delete "1." and substitute "(a)".

SB469-SA2,13,17 54. Page 33, line 9: delete "2." and substitute "(b)".

SB469-SA2,13,18 55. Page 33, line 11: after that line insert:

SB469-SA2,13,20 "(c) "Telecommunications utility" has the meaning given in section 196.01 (10) of the statutes.".

SB469-SA2,13,23 56. Page 33, line 12: delete "(b) On the effective date of this paragraph" and substitute "(2) Except as provided in section 196.219 (2r) of the statutes, as created by this act, on the effective date of this subsection".

SB469-SA2,13,24 57. Page 33, line 15: after that line insert:

SB469-SA2,14,5 "(3) Except as provided in section 196.219 (2r) of the statutes, as created by this act, on the effective date of this subsection, any requirement imposed on a telecommunications utility under section 196.203, 2007 stats., or section 196.50, 2007 stats., whether by statute or commission rule or order, that is inconsistent with sections 196.203 or 196.50 (2) of the statutes, as affected by this act, is terminated.".

SB469-SA2,14,6 (End)