AB606, s. 13
15Section
13. 66.0420 (3) (e) 2. b. of the statutes is amended to read:
AB606,7,2316
66.0420
(3) (e) 2. b. If a municipality specified in subd. 2. a. has granted any
17cable franchise that is in effect immediately before January 9, 2008, the municipality
18shall, no later than 10 business days after receipt of the copy, notify the applicant in
19writing of the number of PEG channels for which incumbent cable operators are
20required to provide channel capacity in the municipality, the amount and type of
21monetary support
for access facilities for PEG channels required of incumbent cable
22operators as described in sub. (7) (em)
1. to 4., and the percentage of revenues that
23incumbent cable operators are required to pay the municipality as franchise fees.
AB606, s. 14
24Section
14. 66.0420 (3) (f) (title) of the statutes is amended to read:
AB606,7,2525
66.0420
(3) (f) (title)
Department Commission duties.
AB606, s. 15
1Section
15. 66.0420 (3) (f) 1. of the statutes is amended to read:
AB606,8,52
66.0420
(3) (f) 1. After the filing of an application, the
department commission 3shall notify the applicant in writing as to whether the application is complete and,
4if the
department commission has determined that the application is not complete,
5the
department commission shall state the reasons for the determination.
AB606, s. 16
6Section
16. 66.0420 (3) (f) 2. of the statutes is amended to read:
AB606,8,157
66.0420
(3) (f) 2. After the filing of an application that the
department 8commission has determined is complete, the
department commission shall
9determine whether an applicant is legally, financially, and technically qualified to
10provide video service. If the
department commission determines that an applicant
11is legally, financially, and technically qualified to provide video service, the
12department commission shall issue a video service franchise to the applicant. If the
13department commission determines that an applicant is not legally, financially, and
14technically qualified to provide video service, the
department commission shall
15reject the application and shall state the reasons for the determination.
AB606, s. 17
16Section
17. 66.0420 (3) (f) 4. of the statutes is amended to read:
AB606,8,1917
66.0420
(3) (f) 4. The
department
commission shall promulgate rules for
18determining whether an applicant is legally, financially, and technically qualified to
19provide video service.
AB606, s. 18
20Section
18. 66.0420 (3) (g) of the statutes is amended to read:
AB606,8,2421
66.0420
(3) (g)
Effect of video service franchise. A video service franchise issued
22by the
department commission authorizes a video service provider to occupy the
23public rights-of-way and to construct, operate, maintain, and repair a video service
24network to provide video service in the video franchise area.
AB606, s. 19
25Section
19. 66.0420 (3) (h) of the statutes is amended to read:
AB606,9,4
166.0420
(3) (h)
Notice before providing service. No later than 10 business days
2before providing video service in a municipality in a video franchise area, a video
3service provider shall provide notice to the
department commission and the
4municipality.
AB606, s. 20
5Section
20. 66.0420 (3) (i) (title) of the statutes is repealed and recreated to
6read:
AB606,9,77
66.0420
(3) (i) (title)
Renewal; revocation.
AB606, s. 21
8Section
21. 66.0420 (3) (i) of the statutes is renumbered 66.0420 (3) (i) 4. and
9amended to read:
AB606,9,2510
66.0420
(3) (i) 4. The
department
commission may revoke a video service
11franchise issued to a video service provider if the
department commission 12determines that the video service provider has
failed to substantially meet a material
13requirement imposed upon it by the department. Before commencing a revocation
14proceeding, the department shall provide the video service provider written notice
15of the department's intention to revoke the franchise and the department's reasons
16for the revocation and afford the video service provider a reasonable opportunity to
17cure any alleged violation. The department must, before revoking any video service
18franchise, afford a video service provider full due process that, at a minimum, must
19include a proceeding before a hearing officer during which the video service provider
20must be afforded the opportunity for full participation, including the right to be
21represented by counsel, to introduce evidence, to require the production of evidence,
22and to question or cross-examine witnesses under oath. A transcript shall be made
23of any such hearing. A video service provider may bring an action to appeal the
24decision of the department exhibited a pattern of noncompliance with one or more
25requirements or prohibitions under this section, ch. 100, any rule promulgated under
1s. 100.20 (2), any order issued under s. 100.20 (3), or 47 CFR 76.309, 76.1602,
276.1603, or 76.1619. A revocation is a contested case under ch. 227.
AB606, s. 22
3Section
22. 66.0420 (3) (i) 1. to 3. of the statutes are created to read:
AB606,10,94
66.0420
(3) (i) 1. A video service provider shall apply to the commission to
5renew its video service franchise every 5 years. The commission may not renew a
6video service franchise if the commission determines that the applicant exhibited a
7pattern of noncompliance with one or more requirements or prohibitions under this
8section, ch. 100, any rule promulgated under s. 100.20 (2), any order issued under
9s. 100.20 (3), or
47 CFR 76.309,
76.1602,
76.1603, or
76.1619.
AB606,10,1310
2. If the commission does not renew the video service franchise of an applicant
11for renewal, the commission shall notify the applicant and state the reasons for not
12renewing the video service franchise. The video service franchise shall terminate on
13the date specified in the notification.
AB606,10,1714
3. If a video service provider gives at least 30 days' advance notice to the
15commission that the video service provider intends to terminate the video service
16franchise, the video service franchise shall expire on the termination date specified
17in the notice.
AB606, s. 23
18Section
23. 66.0420 (3) (j) of the statutes is amended to read:
AB606,11,419
66.0420
(3) (j)
Modifications. If there is any change in the information included
20in an application filed by a video service provider under this subsection, the video
21service provider shall notify the
department commission and update the information
22within 10 business days after the change, except that if the video service provider
23determines to expand the area or areas of the state in which the video service
24provider intends to provide video service, the video service provider shall apply to the
25department commission for a modified video service franchise under par. (d).
A video
1service provider that makes a notification regarding a change in the information
2specified in par. (d) 3., 4., or 5., shall include with the notification a fee of $100. No
3fee is required for a notification regarding a change in the information specified in
4par. (d) 1.
AB606, s. 24
5Section
24. 66.0420 (3) (k) of the statutes is repealed and recreated to read:
AB606,11,126
66.0420
(3) (k)
Annual fees. Upon issuance of a video service franchise to a
7video service provider, and annually thereafter, a video service provider with more
8than 10,000 in-state subscribers shall pay a fee of $50,000, and a video service
9provider with 10,000 or less in-state subscribers shall pay a fee of $4,500, to the
10department of agriculture, trade and consumer protection, except that the
11department may, by rule, adjust the amount of a fee as necessary to cover the
12department's costs in administering and enforcing sub. (8) and s. 100.209.
AB606, s. 25
13Section
25. 66.0420 (3) (L) of the statutes is created to read:
AB606,11,1814
66.0420
(3) (L)
Commission expenses. The commission shall bill under s.
15196.85 (1) an applicant for a video service franchise or a video service provider any
16expense incurred by the commission with respect to an application or any other
17matter under the commission's jurisdiction regarding the applicant or video service
18provider.
AB606, s. 26
19Section
26. 66.0420 (5) (a) 3. of the statutes is amended to read:
AB606,11,2320
66.0420
(5) (a) 3. An interim cable operator or video service provider shall
21provide any channel capacity for PEG channels required under this paragraph on
22any a service tier that is viewed by
more than 50 100 percent of the interim cable
23operator's or video service provider's customers.
AB606, s. 27
24Section
27. 66.0420 (5) (b) 1. a. of the statutes is amended to read:
AB606,12,10
166.0420
(5) (b) 1. a. Notwithstanding par. (a), an interim cable operator or video
2service provider may reprogram for any other purpose any channel capacity provided
3for a PEG channel required by a municipality under par. (a) if the PEG channel is
4not substantially utilized by the municipality. If the municipality certifies to the
5interim cable operator or video service provider that reprogrammed channel capacity
6for a PEG channel will be substantially utilized by the municipality, the interim cable
7operator or video service provider shall, no later than 120 days after receipt of the
8certification, restore the channel capacity for the PEG channel.
Notwithstanding
9par. (a) 3., an interim cable operator or video service provider may provide restored
10channel capacity for a PEG channel on any service tier.
AB606, s. 28
11Section
28. 66.0420 (5) (b) 2. of the statutes is amended to read:
AB606,12,1712
66.0420
(5) (b) 2. Notwithstanding par. (a), if a municipality fails to provide the
13notice specified in sub. (3) (e) 2. before the deadline specified in sub. (3) (e) 2., no
14interim cable operator or video service provider is required to provide channel
15capacity for any PEG channel, or
monetary support
for access facilities for PEG
16channels pursuant to sub. (7) (em)
1. to 4., until the 90th day after the municipality
17provides such notice.
AB606, s. 29
18Section
29. 66.0420 (5) (c) 3. a. of the statutes is repealed and recreated to
19read:
AB606,13,1120
66.0420
(5) (c) 3. a. If a municipality produces or maintains PEG channel
21content or programming in a manner or form that is compatible with the interim
22cable operator's or video service provider's video service network and that permits
23the interim cable operator or video service provider to comply with the requirements
24of par. (d) 3., the municipality shall submit the content or programming to the
25interim cable operator or video service provider in that manner or form. If the
1municipality does not produce or maintain PEG channel content or programming in
2such manner or form, the interim cable operator or video service provider shall be
3responsible at its sole cost for any changes in the manner or form of the transmission
4that are necessary to make PEG channel content or programming compatible with
5the technology or protocol used by the interim cable operator or video service
6provider to deliver services. If an interim cable operator or video service provider is
7required to make such changes to the manner or form of the transmission, the
8municipality shall provide reasonable access to the interim cable operator or video
9service provider that allows the interim cable operator or video service provider to
10transmit the PEG channel programming in an economical manner subject to the
11requirements of par. (d) 3.
AB606, s. 30
12Section
30. 66.0420 (5) (d) 1. of the statutes is amended to read:
AB606,14,913
66.0420
(5) (d) 1. If a municipality requires an interim cable operator or video
14service provider to provide capacity for PEG channels under par. (a), the interim
15cable operator or video service provider shall be required to provide
equipment and 16transmission capacity sufficient to connect the interim cable operator's or video
17service provider's headend
or, video hub office
, or transmission facilities to the
18municipality's PEG access channel origination points existing as of January 9, 2008.
19A municipality shall permit the interim cable operator or video service provider to
20determine the most economically and technologically efficient means of providing
21such
equipment and transmission capacity. If a municipality requests that such a
22PEG access channel origination point be relocated, the interim cable operator or
23video service provider shall be required to provide only the first 200 feet of
24transmission line
beginning at the relocated origination point that is necessary to
25connect
the relocated origination point to the interim cable operator or video service
1provider's headend
or, video hub office
to such origination point, or transmission
2facilities. A municipality shall be liable for the costs of construction of such a
3transmission line beyond the first 200 feet
from the relocated origination point to the
4headend, video hub office, or transmission facilities and for any construction costs
5associated with additional origination points, but not for the costs associated with
6the transmission of PEG programming over such line. The interim cable operator
7or video service provider may recover its costs to provide
equipment and 8transmission capacity under this subdivision by identifying and collecting a "PEG
9Transport Fee" as a separate line item on customer bills.
AB606, s. 31
10Section
31. 66.0420 (5) (d) 3. and 4. of the statutes are created to read:
AB606,14,1611
66.0420
(5) (d) 3. If a municipality requires an interim cable operator or video
12service provider to provide channel capacity for PEG channels under par. (a), the
13interim cable operator or video service provider shall provide the channel capacity
14with accessibility, functionality, and audio and visual quality that is at least
15equivalent to accessibility, functionality, and audio and visual quality for channel
16capacity that is used for one of the following:
AB606,14,1817
a. Local commercial television stations that the interim cable operator or video
18service provider is required to carry under federal law.
AB606,14,2219
b. The primary signal of the network-affiliated commercial television stations
20carried on the video service network of the interim cable operator or video service
21provider, if federal law does not require the interim cable operator or video service
22provider to carry local commercial television stations.
AB606,14,2523
4. If a municipality requires an interim cable operator or video service provider
24to provide channel capacity for PEG channels under par. (a), all of the following
25apply:
AB606,15,4
1a. The interim cable operator or video service provider shall provide the
2channel capacity on channel numbers that are within 10 numerically of the channel
3number of any local commercial television station or network-affiliated commercial
4television station specified in subd. 3. a. or b.
AB606,15,75
b. The interim cable operator or video service provider shall provide the
6channel capacity so that it is viewable by every subscriber of the interim cable
7operator or video service provider without additional service or equipment charges.
AB606,15,118
c. The interim cable operator or video service provider shall provide facilities
9adequate to carry signals for the PEG channels from the origination point of the
10signals to subscribers without material degradation, alteration, or removal of
11content.
AB606, s. 32
12Section
32. 66.0420 (5e) of the statutes is created to read:
AB606,15,1813
66.0420
(5e) Statewide public affairs channel. A video service provider shall
14carry a channel designated by WisconsinEye, or a successor specified by the
15commission that operates a nonprofit statewide public affairs channel for
16nonpartisan coverage of civic and community life in the state, including state
17government activities in Madison, at no cost to WisconsinEye or such a successor.
18A video service provider shall carry the channel on its lowest cost service tier.
AB606, s. 33
19Section
33. 66.0420 (7) (a) 1. of the statutes is amended to read:
AB606,16,1020
66.0420
(7) (a) 1. Notwithstanding s. 66.0611 and except as provided in
subds. 21sub. 2.
and 2m., a video service provider shall, on a quarterly calendar basis,
22calculate and pay to each municipality in which the video service provider provides
23video service a video service provider fee equal to
the percentage, as specified by each
24municipality, no more than 5 percent of the video service provider's gross receipts
25that is specified in par. (b) and the
monetary support for
access facilities for PEG
1channels
described in required under par. (em). A video service provider shall remit
2the fee to the municipality no later than 45 days after the end of each quarter. Except
3as provided in subd. 2.
or par. (b) 1., if the municipality is not required to provide
4notice under sub. (3) (e) 2., the duty to remit the fee first applies to the quarter in
5which the video service provider begins to provide service in the municipality, and,
6if the municipality is required to provide notice under sub. (3) (e) 2., the duty to remit
7the fee first applies to the quarter in which the video service provider begins to
8provide service in the municipality or to the quarter that includes the 45th day after
9the video service provider receives the municipality's notice, whichever quarter is
10later.
AB606, s. 34
11Section
34. 66.0420 (7) (a) 2m. of the statutes is repealed.
AB606, s. 35
12Section
35. 66.0420 (7) (b) of the statutes is repealed.
AB606, s. 36
13Section
36. 66.0420 (7) (e) 2. of the statutes is amended to read:
AB606,16,2014
66.0420
(7) (e) 2. An action regarding a dispute over the amount of a video
15service provider fee paid or allegedly due under this subsection shall be commenced
16within 4 years following the end of the calendar quarter to which the disputed
17amount relates or be barred, unless the parties agree in writing to an extension of
18time. Notwithstanding
ss. s. 814.01,
814.02, 814.03, and 814.035, no costs may be
19allowed in the action to either the prevailing party
may recover costs and reasonable
20attorney fees in the action.
AB606, s. 37
21Section
37. 66.0420 (7) (em) (title) of the statutes is amended to read:
AB606,16,2222
66.0420
(7) (em) (title)
PEG channel
monetary support.
AB606, s. 38
23Section
38. 66.0420 (7) (em) 1. of the statutes is amended to read:
AB606,17,424
66.0420
(7) (em) 1. This subdivision applies to an incumbent cable operator
25whose cable franchise is terminated under sub. (3) (b) 2. b. The obligation that is
1actually imposed by a municipality prior to April 18, 2007, on such an incumbent
2cable operator to provide
monetary support
for access facilities for PEG channels and
3that is contained in a cable franchise existing on January 9, 2008, shall continue
4until January 1, 2011.
AB606, s. 39
5Section
39. 66.0420 (7) (em) 2. of the statutes is amended to read:
AB606,17,86
66.0420
(7) (em) 2. The duty of an interim cable operator to provide
monetary 7support
for access facilities for PEG channels that is contained in a cable franchise
8existing on January 9, 2008, shall continue until January 1, 2011.
AB606, s. 40
9Section
40. 66.0420 (7) (em) 3. of the statutes is amended to read:
AB606,17,2310
66.0420
(7) (em) 3. Each video service provider providing video service in a
11municipality shall have the same obligation to provide
monetary support
for access
12facilities for PEG channels as the incumbent cable operator with the most
13subscribers in the municipality as of January 9, 2008. To the extent that such
14incumbent cable operator provides such support in the form of a percentage of gross
15revenues or a per subscriber fee, any other video service provider shall pay the same
16percentage of gross revenues or per subscriber fee to the municipality as the
17incumbent cable operator. To the extent that such incumbent cable operator provides
18such support in the form of a lump sum payment without an offset to its franchise
19fee or video service provider fee, any other video service provider that commences
20service in the municipality shall pay the municipality a sum equal to the pro rata
21amount of such lump sum payment based on its proportion of video service customers
22in such municipality. The obligation to provide
monetary support required under
23this subdivision shall continue until January 1, 2011.
AB606, s. 41
24Section
41. 66.0420 (7) (em) 4. of the statutes is amended to read:
AB606,18,4
166.0420
(7) (em) 4. For purposes of
this paragraph subd. 3., the proportion of
2video service customers of a video service provider shall be determined based on the
3relative number of subscribers as of the end of the prior calendar year as reported
4by all incumbent cable operators and holders of video service authorizations.
AB606, s. 42
5Section
42. 66.0420 (7) (em) 5. of the statutes is created to read:
AB606,18,146
66.0420
(7) (em) 5. A municipality may, by ordinance, for the purpose of
7supporting PEG channels, require an interim cable operator or video service
8provider to pay the municipality, beginning on January 1, 2011, a fee equal to no more
9than 1 percent of the interim cable operator's or video service provider's annual gross
10receipts. If an interim cable operator pays a franchise fee to a municipality, the
11interim cable operator shall pay any fee required under this subdivision at the time
12that the interim cable operator pays the franchise fee to the municipality. A video
13service provider shall pay a fee required under this subdivision at the time that the
14video service provider pays a video service provider fee to the municipality.
AB606, s. 43
15Section
43. 66.0420 (7) (f) of the statutes is amended to read:
AB606,18,1916
66.0420
(7) (f)
Itemization. A video service provider may identify and collect
17the amount related to a video service provider fee and any fee imposed for
monetary 18support for
access facilities for PEG channels
as described in required under par.
19(em) as a separate line item on customer bills.
AB606, s. 44
20Section
44. 66.0420 (8) (b) of the statutes is repealed and recreated to read:
AB606,19,721
66.0420
(8) (b)
Access to service. If a large telecommunications video service
22provider does not provide access to its video service to at least 90 percent of the
23households in the large telecommunications service video provider's
24telecommunications service area by the first day of the 18th month beginning after
25the effective date of this paragraph .... [LRB inserts date], the large
1telecommunications video service provider shall pay to the commission, no later than
2the 19th month beginning after the effective date of this paragraph .... [LRB inserts
3date], a sum of $20,000,000. If a large telecommunications video service provider
4pays the sum, the commission shall use the sum to make grants to persons to assist
5in the deployment of broadband service to underserved areas in this state. The
6commission shall promulgate rules establishing requirements and procedures for
7making the grants.
AB606, s. 45
8Section
45. 66.0420 (8) (e) of the statutes is amended to read:
AB606,19,159
66.0420
(8) (e)
Limitations. Notwithstanding any other provision of this
10section, a telecommunications video service provider is not required to provide video
11service outside the provider's basic local exchange service area, and a video service
12provider that is an incumbent cable operator is not required to provide video service
13outside the area in which the incumbent cable operator provided cable service at the
14time the
department of financial institutions commission issued a video service
15franchise to the incumbent cable operator.
AB606, s. 46
16Section
46. 66.0420 (8g) of the statutes is created to read:
AB606,19,2017
66.0420
(8g) Equipment returns. The commission shall promulgate rules that
18allow a customer, at no cost to the customer, to return to a video service provider, by
19a deadline specified in the rules, equipment necessary for receiving video service that
20the video service provider has provided the customer.
AB606, s. 47
21Section
47. 66.0420 (8r) of the statutes is created to read:
AB606,20,222
66.0420
(8r) Customer service centers. A video service provider shall
23maintain at least one customer service facility within this state that is staffed by
24customer service representatives with the capacity to accept payments; adjust bills;
25respond to repair, installation, reconnection, disconnection, and other service calls;
1and distribute and receive converter boxes, remote control units, digital stereo units,
2and other equipment necessary for receiving video service.
AB606, s. 48
3Section
48. 66.0420 (9) of the statutes is repealed and recreated to read:
AB606,20,94
66.0420
(9) Municipal enforcement. A municipality may adopt or enact, and
5enforce, an ordinance or resolution requiring a video service provider to comply with
6s. 100.209 and any rules promulgated by the department of agriculture, trade and
7consumer protection under s. 100.209. In an action to enforce an ordinance or
8resolution, a municipality may, notwithstanding s. 814.01, recover costs and
9reasonable attorney fees.
AB606, s. 49
10Section
49. 66.0420 (10) of the statutes is amended to read:
AB606,20,1911
66.0420
(10) Limitation on rate regulation. The
department commission or
12a municipality may not regulate the rates charged for any video service by an interim
13cable operator or video service provider that provides video service in a municipality
14if at least one other interim cable operator or video service provider is providing video
15service in the municipality and the other interim cable operator or video service
16provider is not an affiliate of the interim cable operator or video service provider.
17This subsection applies regardless of whether any affected interim cable operator or
18video service provider has sought a determination from the FCC regarding effective
19competition under
47 CFR 76.905.
AB606, s. 50
20Section
50. 66.0420 (11) of the statutes is amended to read:
AB606,21,321
66.0420
(11) Transfer of video service franchise. A person who is issued a
22video service franchise may transfer the video service franchise to any
23successor-in-interest, including a successor-in-interest that arises through
24merger, sale, assignment, restructuring, change of control, or any other transaction.
25No later than 15 days after the transfer is complete, the successor-in-interest shall
1apply for a video service franchise under sub. (3) (d) and comply with sub. (3) (e) 1.
2The successor-in-interest may provide video service in the video franchise area
3during the period that the
department commission reviews the application.
AB606, s. 51
4Section
51. 66.0420 (13) (a) of the statutes is amended to read:
AB606,21,85
66.0420
(13) (a) The
department of financial institutions commission may
6promulgate rules interpreting or establishing procedures for this section and the
7department of agriculture, trade and consumer protection may promulgate rules
8interpreting or establishing procedures for sub. (8).
AB606, s. 52
9Section
52. 66.0420 (13) (b) of the statutes is amended to read:
AB606,21,1810
66.0420
(13) (b) Except as provided in sub. (7) (e), a municipality, interim cable
11operator, or video service provider that is affected by a failure to comply with this
12section may bring an action to enforce this section. If a court finds that a
13municipality, interim cable operator, or video service provider has not complied with
14this section, the court shall order the municipality, interim cable operator, or video
15service provider to comply with this section. Notwithstanding
ss. s. 814.01,
814.02,
16814.03, and 814.035, no costs may be allowed in an action under this paragraph to
17any party the prevailing party may recover costs and reasonable attorney fees in the
18action.
AB606, s. 53
19Section
53. 66.0420 (13) (c) of the statutes is amended to read:
AB606,21,2520
66.0420
(13) (c) The
department commission shall enforce this section, except
21sub. (8). The
department commission may bring an action to recover any fees that
22are due and owing under this section or to enjoin a violation of this section, except
23sub. (8), or any rule promulgated under sub. (3) (f) 4. An action shall be commenced
24under this paragraph within 3 years after the occurrence of the unlawful act or
25practice or be barred.
AB606, s. 54
1Section
54. 66.0420 (13) (d) of the statutes is created to read: