AB606: Bill Text

5. Changes one of the video service consumer protection requirements under current law so that certain repairs must be made within 24 hours after service interruptions are reported. Current law imposes a 72-hour deadline.

6. Subjects a person who violates video service requirements to a forfeiture of not more than $1,000 for each offense and not more than $10,000 for each occurrence.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB606, s. 1 Section 1. 20.115 (1) (jb) of the statutes is amended to read:

AB606,5,5 20.115 (1) (jb) Consumer protection, information, and education. The amounts in the schedule for consumer protection and consumer information and education. All moneys received under s. ss. 66.0420 (3) (k) and 100.261 (3) (b) shall be credited to this appropriation account, subject to the limit under s. 100.261 (3) (c).

AB606, s. 2 Section 2. 20.155 (1) (title) of the statutes is amended to read:

AB606,6,1 20.155 (1) (title) Regulation of public utilities and video service providers.

AB606, s. 3 Section 3. 20.155 (1) (g) of the statutes is amended to read:

AB606,6,9 20.155 (1) (g) Utility Public utility and video service provider regulation. The amounts in the schedule for the regulation of utilities and video service providers. Ninety percent of all moneys received by the commission under s. 196.85, 196.855, or 201.10 (3) shall be credited to this appropriation. Ninety percent of all receipts from the sale of miscellaneous printed reports and other copied material, the cost of which was originally paid under this paragraph, shall be credited to this appropriation.

AB606, s. 4 Section 4. 20.155 (1) (k) of the statutes is created to read:

AB606,6,12 20.155 (1) (k) Broadband grants. All moneys received under s. 66.0420 (8) (b) for making grants under s. 66.0420 (8) (b).

AB606, s. 5 Section 5. 66.0420 (2) (fm) of the statutes is created to read:

AB606,6,14 66.0420 (2) (fm) "Commission" means the public service commission.

AB606, s. 6 Section 6. 66.0420 (2) (g) of the statutes is repealed.

AB606, s. 7 Section 7. 66.0420 (2) (q) of the statutes is created to read:

AB606,6,18 66.0420 (2) (q) "Local commercial television station" has the meaning given in 47 USC 534 (h) (1).

AB606, s. 8 Section 8. 66.0420 (3) (a) of the statutes is amended to read:

AB606,6,23 66.0420 (3) (a) In general. Except for an interim cable operator, and except as provided in par. (c) and sub. (11), no person may provide video service in this state unless the department commission has issued a video service franchise to the person and the person has provided the notice required under par. (h).

AB606, s. 9 Section 9. 66.0420 (3) (c) of the statutes is repealed.

AB606, s. 10 Section 10. 66.0420 (3) (d) (intro.) of the statutes is amended to read:

AB606,7,3 66.0420 (3) (d) Application. (intro.) An applicant for a video service franchise shall submit an application to the department commission that consists of all of the following:

AB606, s. 11 Section 11. 66.0420 (3) (d) 1. of the statutes is amended to read:

AB606,7,8 66.0420 (3) (d) 1. The location and telephone number of the applicant's principal place of business, the names of the principal executive officers of the applicant, and the names of any persons authorized to represent the applicant before the department commission.

AB606, s. 12 Section 12. 66.0420 (3) (e) 1. of the statutes is amended to read:

AB606,7,14 66.0420 (3) (e) 1. At the time that an applicant submits an application under par. (d), or a video service provider submits a notification regarding a modification to an application under par. (j), to the department commission, the applicant or video service provider shall serve a copy of the application or notification on each municipality in the video franchise area.

AB606, s. 13 Section 13. 66.0420 (3) (e) 2. b. of the statutes is amended to read:

AB606,7,23 66.0420 (3) (e) 2. b. If a municipality specified in subd. 2. a. has granted any cable franchise that is in effect immediately before January 9, 2008, the municipality shall, no later than 10 business days after receipt of the copy, notify the applicant in writing of the number of PEG channels for which incumbent cable operators are required to provide channel capacity in the municipality, the amount and type of monetary support for access facilities for PEG channels required of incumbent cable operators as described in sub. (7) (em) 1. to 4., and the percentage of revenues that incumbent cable operators are required to pay the municipality as franchise fees.

AB606, s. 14 Section 14. 66.0420 (3) (f) (title) of the statutes is amended to read:

AB606,7,25 66.0420 (3) (f) (title) Department Commission duties.

AB606, s. 15 Section 15. 66.0420 (3) (f) 1. of the statutes is amended to read:

AB606,8,5 66.0420 (3) (f) 1. After the filing of an application, the department commission shall notify the applicant in writing as to whether the application is complete and, if the department commission has determined that the application is not complete, the department commission shall state the reasons for the determination.

AB606, s. 16 Section 16. 66.0420 (3) (f) 2. of the statutes is amended to read:

AB606,8,15 66.0420 (3) (f) 2. After the filing of an application that the department commission has determined is complete, the department commission shall determine whether an applicant is legally, financially, and technically qualified to provide video service. If the department commission determines that an applicant is legally, financially, and technically qualified to provide video service, the department commission shall issue a video service franchise to the applicant. If the department commission determines that an applicant is not legally, financially, and technically qualified to provide video service, the department commission shall reject the application and shall state the reasons for the determination.

AB606, s. 17 Section 17. 66.0420 (3) (f) 4. of the statutes is amended to read:

AB606,8,19 66.0420 (3) (f) 4. The department commission shall promulgate rules for determining whether an applicant is legally, financially, and technically qualified to provide video service.

AB606, s. 18 Section 18. 66.0420 (3) (g) of the statutes is amended to read:

AB606,8,24 66.0420 (3) (g) Effect of video service franchise. A video service franchise issued by the department commission authorizes a video service provider to occupy the public rights-of-way and to construct, operate, maintain, and repair a video service network to provide video service in the video franchise area.

AB606, s. 19 Section 19. 66.0420 (3) (h) of the statutes is amended to read:

AB606,9,4 66.0420 (3) (h) Notice before providing service. No later than 10 business days before providing video service in a municipality in a video franchise area, a video service provider shall provide notice to the department commission and the municipality.

AB606, s. 20 Section 20. 66.0420 (3) (i) (title) of the statutes is repealed and recreated to read:

AB606,9,7 66.0420 (3) (i) (title) Renewal; revocation.

AB606, s. 21 Section 21. 66.0420 (3) (i) of the statutes is renumbered 66.0420 (3) (i) 4. and amended to read:

AB606,9,25 66.0420 (3) (i) 4. The department commission may revoke a video service franchise issued to a video service provider if the department commission determines that the video service provider has failed to substantially meet a material requirement imposed upon it by the department. Before commencing a revocation proceeding, the department shall provide the video service provider written notice of the department's intention to revoke the franchise and the department's reasons for the revocation and afford the video service provider a reasonable opportunity to cure any alleged violation. The department must, before revoking any video service franchise, afford a video service provider full due process that, at a minimum, must include a proceeding before a hearing officer during which the video service provider must be afforded the opportunity for full participation, including the right to be represented by counsel, to introduce evidence, to require the production of evidence, and to question or cross-examine witnesses under oath. A transcript shall be made of any such hearing. A video service provider may bring an action to appeal the decision of the department exhibited a pattern of noncompliance with one or more requirements or prohibitions under this section, ch. 100, any rule promulgated under s. 100.20 (2), any order issued under s. 100.20 (3), or 47 CFR 76.309, 76.1602, 76.1603, or 76.1619. A revocation is a contested case under ch. 227.

AB606, s. 22 Section 22. 66.0420 (3) (i) 1. to 3. of the statutes are created to read:

AB606,10,9 66.0420 (3) (i) 1. A video service provider shall apply to the commission to renew its video service franchise every 5 years. The commission may not renew a video service franchise if the commission determines that the applicant exhibited a pattern of noncompliance with one or more requirements or prohibitions under this section, ch. 100, any rule promulgated under s. 100.20 (2), any order issued under s. 100.20 (3), or 47 CFR 76.309, 76.1602, 76.1603, or 76.1619.

AB606,10,13 2. If the commission does not renew the video service franchise of an applicant for renewal, the commission shall notify the applicant and state the reasons for not renewing the video service franchise. The video service franchise shall terminate on the date specified in the notification.

AB606,10,17 3. If a video service provider gives at least 30 days' advance notice to the commission that the video service provider intends to terminate the video service franchise, the video service franchise shall expire on the termination date specified in the notice.

AB606, s. 23 Section 23. 66.0420 (3) (j) of the statutes is amended to read:

AB606,11,4 66.0420 (3) (j) Modifications. If there is any change in the information included in an application filed by a video service provider under this subsection, the video service provider shall notify the department commission and update the information within 10 business days after the change, except that if the video service provider determines to expand the area or areas of the state in which the video service provider intends to provide video service, the video service provider shall apply to the department commission for a modified video service franchise under par. (d). A video service provider that makes a notification regarding a change in the information specified in par. (d) 3., 4., or 5., shall include with the notification a fee of $100. No fee is required for a notification regarding a change in the information specified in par. (d) 1.

AB606, s. 24 Section 24. 66.0420 (3) (k) of the statutes is repealed and recreated to read:

AB606,11,12 66.0420 (3) (k) Annual fees. Upon issuance of a video service franchise to a video service provider, and annually thereafter, a video service provider with more than 10,000 in-state subscribers shall pay a fee of $50,000, and a video service provider with 10,000 or less in-state subscribers shall pay a fee of $4,500, to the department of agriculture, trade and consumer protection, except that the department may, by rule, adjust the amount of a fee as necessary to cover the department's costs in administering and enforcing sub. (8) and s. 100.209.

AB606, s. 25 Section 25. 66.0420 (3) (L) of the statutes is created to read:

AB606,11,18 66.0420 (3) (L) Commission expenses. The commission shall bill under s. 196.85 (1) an applicant for a video service franchise or a video service provider any expense incurred by the commission with respect to an application or any other matter under the commission's jurisdiction regarding the applicant or video service provider.

AB606, s. 26 Section 26. 66.0420 (5) (a) 3. of the statutes is amended to read:

AB606,11,23 66.0420 (5) (a) 3. An interim cable operator or video service provider shall provide any channel capacity for PEG channels required under this paragraph on any a service tier that is viewed by more than 50 100 percent of the interim cable operator's or video service provider's customers.

AB606, s. 27 Section 27. 66.0420 (5) (b) 1. a. of the statutes is amended to read:

AB606,12,10 66.0420 (5) (b) 1. a. Notwithstanding par. (a), an interim cable operator or video service provider may reprogram for any other purpose any channel capacity provided for a PEG channel required by a municipality under par. (a) if the PEG channel is not substantially utilized by the municipality. If the municipality certifies to the interim cable operator or video service provider that reprogrammed channel capacity for a PEG channel will be substantially utilized by the municipality, the interim cable operator or video service provider shall, no later than 120 days after receipt of the certification, restore the channel capacity for the PEG channel. Notwithstanding par. (a) 3., an interim cable operator or video service provider may provide restored channel capacity for a PEG channel on any service tier.

AB606, s. 28 Section 28. 66.0420 (5) (b) 2. of the statutes is amended to read:

AB606,12,17 66.0420 (5) (b) 2. Notwithstanding par. (a), if a municipality fails to provide the notice specified in sub. (3) (e) 2. before the deadline specified in sub. (3) (e) 2., no interim cable operator or video service provider is required to provide channel capacity for any PEG channel, or monetary support for access facilities for PEG channels pursuant to sub. (7) (em) 1. to 4., until the 90th day after the municipality provides such notice.

AB606, s. 29 Section 29. 66.0420 (5) (c) 3. a. of the statutes is repealed and recreated to read:

AB606,13,11 66.0420 (5) (c) 3. a. If a municipality produces or maintains PEG channel content or programming in a manner or form that is compatible with the interim cable operator's or video service provider's video service network and that permits the interim cable operator or video service provider to comply with the requirements of par. (d) 3., the municipality shall submit the content or programming to the interim cable operator or video service provider in that manner or form. If the municipality does not produce or maintain PEG channel content or programming in such manner or form, the interim cable operator or video service provider shall be responsible at its sole cost for any changes in the manner or form of the transmission that are necessary to make PEG channel content or programming compatible with the technology or protocol used by the interim cable operator or video service provider to deliver services. If an interim cable operator or video service provider is required to make such changes to the manner or form of the transmission, the municipality shall provide reasonable access to the interim cable operator or video service provider that allows the interim cable operator or video service provider to transmit the PEG channel programming in an economical manner subject to the requirements of par. (d) 3.

AB606, s. 30 Section 30. 66.0420 (5) (d) 1. of the statutes is amended to read:

AB606,14,9 66.0420 (5) (d) 1. If a municipality requires an interim cable operator or video service provider to provide capacity for PEG channels under par. (a), the interim cable operator or video service provider shall be required to provide equipment and transmission capacity sufficient to connect the interim cable operator's or video service provider's headend or, video hub office, or transmission facilities to the municipality's PEG access channel origination points existing as of January 9, 2008. A municipality shall permit the interim cable operator or video service provider to determine the most economically and technologically efficient means of providing such equipment and transmission capacity. If a municipality requests that such a PEG access channel origination point be relocated, the interim cable operator or video service provider shall be required to provide only the first 200 feet of transmission line beginning at the relocated origination point that is necessary to connect the relocated origination point to the interim cable operator or video service provider's headend or, video hub office to such origination point, or transmission facilities. A municipality shall be liable for the costs of construction of such a transmission line beyond the first 200 feet from the relocated origination point to the headend, video hub office, or transmission facilities and for any construction costs associated with additional origination points, but not for the costs associated with the transmission of PEG programming over such line. The interim cable operator or video service provider may recover its costs to provide equipment and transmission capacity under this subdivision by identifying and collecting a "PEG Transport Fee" as a separate line item on customer bills.

AB606, s. 31 Section 31. 66.0420 (5) (d) 3. and 4. of the statutes are created to read:

AB606,14,16 66.0420 (5) (d) 3. If a municipality requires an interim cable operator or video service provider to provide channel capacity for PEG channels under par. (a), the interim cable operator or video service provider shall provide the channel capacity with accessibility, functionality, and audio and visual quality that is at least equivalent to accessibility, functionality, and audio and visual quality for channel capacity that is used for one of the following:

AB606,14,18 a. Local commercial television stations that the interim cable operator or video service provider is required to carry under federal law.

AB606,14,22 b. The primary signal of the network-affiliated commercial television stations carried on the video service network of the interim cable operator or video service provider, if federal law does not require the interim cable operator or video service provider to carry local commercial television stations.

AB606,14,25 4. If a municipality requires an interim cable operator or video service provider to provide channel capacity for PEG channels under par. (a), all of the following apply:

AB606,15,4 a. The interim cable operator or video service provider shall provide the channel capacity on channel numbers that are within 10 numerically of the channel number of any local commercial television station or network-affiliated commercial television station specified in subd. 3. a. or b.

AB606,15,7 b. The interim cable operator or video service provider shall provide the channel capacity so that it is viewable by every subscriber of the interim cable operator or video service provider without additional service or equipment charges.

AB606,15,11 c. The interim cable operator or video service provider shall provide facilities adequate to carry signals for the PEG channels from the origination point of the signals to subscribers without material degradation, alteration, or removal of content.

AB606, s. 32 Section 32. 66.0420 (5e) of the statutes is created to read:

AB606,15,18 66.0420 (5e) Statewide public affairs channel. A video service provider shall carry a channel designated by WisconsinEye, or a successor specified by the commission that operates a nonprofit statewide public affairs channel for nonpartisan coverage of civic and community life in the state, including state government activities in Madison, at no cost to WisconsinEye or such a successor. A video service provider shall carry the channel on its lowest cost service tier.

AB606, s. 33 Section 33. 66.0420 (7) (a) 1. of the statutes is amended to read:

AB606,16,10 66.0420 (7) (a) 1. Notwithstanding s. 66.0611 and except as provided in subds. sub. 2. and 2m., a video service provider shall, on a quarterly calendar basis, calculate and pay to each municipality in which the video service provider provides video service a video service provider fee equal to the percentage, as specified by each municipality, no more than 5 percent of the video service provider's gross receipts that is specified in par. (b) and the monetary support for access facilities for PEG channels described in required under par. (em). A video service provider shall remit the fee to the municipality no later than 45 days after the end of each quarter. Except as provided in subd. 2. or par. (b) 1., if the municipality is not required to provide notice under sub. (3) (e) 2., the duty to remit the fee first applies to the quarter in which the video service provider begins to provide service in the municipality, and, if the municipality is required to provide notice under sub. (3) (e) 2., the duty to remit the fee first applies to the quarter in which the video service provider begins to provide service in the municipality or to the quarter that includes the 45th day after the video service provider receives the municipality's notice, whichever quarter is later.

AB606, s. 34 Section 34. 66.0420 (7) (a) 2m. of the statutes is repealed.

AB606, s. 35 Section 35. 66.0420 (7) (b) of the statutes is repealed.

AB606, s. 36 Section 36. 66.0420 (7) (e) 2. of the statutes is amended to read:

AB606,16,20 66.0420 (7) (e) 2. An action regarding a dispute over the amount of a video service provider fee paid or allegedly due under this subsection shall be commenced within 4 years following the end of the calendar quarter to which the disputed amount relates or be barred, unless the parties agree in writing to an extension of time. Notwithstanding ss. s. 814.01, 814.02, 814.03, and 814.035, no costs may be allowed in the action to either the prevailing party may recover costs and reasonable attorney fees in the action.

AB606, s. 37 Section 37. 66.0420 (7) (em) (title) of the statutes is amended to read:

AB606,16,22 66.0420 (7) (em) (title) PEG channel monetary support.

AB606, s. 38 Section 38. 66.0420 (7) (em) 1. of the statutes is amended to read:

AB606,17,4 66.0420 (7) (em) 1. This subdivision applies to an incumbent cable operator whose cable franchise is terminated under sub. (3) (b) 2. b. The obligation that is actually imposed by a municipality prior to April 18, 2007, on such an incumbent cable operator to provide monetary support for access facilities for PEG channels and that is contained in a cable franchise existing on January 9, 2008, shall continue until January 1, 2011.

AB606, s. 39 Section 39. 66.0420 (7) (em) 2. of the statutes is amended to read:

AB606,17,8 66.0420 (7) (em) 2. The duty of an interim cable operator to provide monetary support for access facilities for PEG channels that is contained in a cable franchise existing on January 9, 2008, shall continue until January 1, 2011.

AB606, s. 40 Section 40. 66.0420 (7) (em) 3. of the statutes is amended to read:

AB606,17,23 66.0420 (7) (em) 3. Each video service provider providing video service in a municipality shall have the same obligation to provide monetary support for access facilities for PEG channels as the incumbent cable operator with the most subscribers in the municipality as of January 9, 2008. To the extent that such incumbent cable operator provides such support in the form of a percentage of gross revenues or a per subscriber fee, any other video service provider shall pay the same percentage of gross revenues or per subscriber fee to the municipality as the incumbent cable operator. To the extent that such incumbent cable operator provides such support in the form of a lump sum payment without an offset to its franchise fee or video service provider fee, any other video service provider that commences service in the municipality shall pay the municipality a sum equal to the pro rata amount of such lump sum payment based on its proportion of video service customers in such municipality. The obligation to provide monetary support required under this subdivision shall continue until January 1, 2011.