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 of the statutes is repealed.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35. 66.0420 (7) (b) of the statutes is repealed.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:
AB606,22,42
66.0420
(13) (d) The department of agriculture, trade and consumer protection
3may bring an action to enjoin a violation of sub. (8) or any rule interpreting or
4establishing procedures for sub. (8).
AB606, s. 55
5Section
55. 66.0420 (14) of the statutes is created to read:
AB606,22,86
66.0420
(14) Penalty. A person who violates this section may be required to
7forfeit not more than $1,000 for each offense and not more than $10,000 for each
8occurrence.
AB606, s. 56
9Section
56. 100.209 (title) of the statutes is amended to read:
AB606,22,11
10100.209 (title)
Video programming service subscriber rights; customer
11service standards for video service providers.
AB606, s. 57
12Section
57. 100.209 (1) (b) of the statutes is created to read:
AB606,22,1413
100.209
(1) (b) "Federal regulations" mean
47 CFR 76.309,
76.1602,
76.1603,
14and
76.1619.
AB606, s. 58
15Section
58. 100.209 (1) (c) of the statutes is amended to read:
AB606,22,1816
100.209
(1) (c) "Multichannel video provider" means an interim cable operator,
17as defined in s. 66.0420 (2) (n), video service provider,
as defined in s. 66.0420 (2) (zg), 18or multichannel video programming distributor, as defined in
47 USC 522 (13).
AB606, s. 59
19Section
59. 100.209 (1) (e) of the statutes is created to read:
AB606,22,2120
100.209
(1) (e) "Video service provider" has the meaning given in s. 66.0420 (2)
21(zg).
AB606, s. 60
22Section
60. 100.209 (2) (a) of the statutes is amended to read:
AB606,22,2523
100.209
(2) (a) A multichannel video provider shall repair video programming
24service within
72 24 hours after a subscriber reports a service interruption or
25requests the repair if the service interruption is not the result of a natural disaster.
AB606, s. 61
1Section
61. 100.209 (2m) of the statutes is created to read:
AB606,23,72
100.209
(2m) Customer service standards. A video service provider, including
3a video service provider that is not a cable operator, shall comply with the customer
4service standards specified for cable operators in the federal regulations.
5Notwithstanding the advance written notice specified in the federal regulations, a
6video service provider's duty to comply with this subsection begins on the effective
7date of this subsection .... [LRB inserts date].
AB606, s. 62
8Section
62. 100.209 (3) of the statutes is amended to read:
AB606,23,129
100.209
(3) Rules and orders allowed. This section does not prohibit the
10department from promulgating a rule or from issuing an order consistent with its
11authority under this chapter that gives a subscriber greater rights than the rights
12under sub. (2)
or (2m).
AB606, s. 63
13Section
63. 100.209 (4) (a) of the statutes is amended to read:
AB606,23,1714
100.209
(4) (a) A person who violates sub. (2)
or (2m) may be required to forfeit
15not more than $1,000 for each offense and not more than $10,000 for each occurrence.
16Failure to give a notice required under sub. (2) (c) or (d) to more than one subscriber
17shall be considered to be one offense.
AB606, s. 64
18Section
64. 100.209 (4) (b) of the statutes is amended to read:
AB606,23,2119
100.209
(4) (b) The department
and the
, district attorneys of this state
, and,
20as provided under s. 66.0420 (9), municipalities, as defined in s. 66.0420 (2) (r), have
21concurrent authority to institute civil proceedings under this section.
AB606, s. 65
22Section
65. 100.261 (3) (c) of the statutes is amended to read:
AB606,23,2423
100.261
(3) (c) The amount credited
under par. (b) to the appropriation account
24under s. 20.115 (1) (jb) may not exceed $185,000 in each fiscal year.
AB606, s. 66
25Section
66. 196.44 (1) of the statutes is amended to read:
AB606,24,6
1196.44
(1) Duty of commission. The commission shall inquire into the neglect
2or violation of the laws of this state by public utilities
and of s. 66.0420, except for s.
366.0420 (8), by video service providers, or by their officers, agents or employees or by
4persons operating public utilities
or video service providers, and shall enforce
s.
566.0420, except s. 66.0420 (8), and all laws relating to public utilities, and report all
6violations to the attorney general.
AB606, s. 67
7Section
67. 196.44 (2) of the statutes is amended to read:
AB606,24,138
196.44
(2) Duties of attorney general and district attorneys. Upon request
9of the commission, the attorney general or the district attorney of the proper county
10shall aid in any investigation, hearing or trial had under this chapter, and shall
11institute and prosecute all necessary actions or proceedings for the enforcement of
12s. 66.0420, except s. 66.0420 (8), and all laws relating to public utilities or
13telecommunications providers, and for the punishment of all violations.
AB606, s. 68
14Section
68. 196.85 (1m) (e) of the statutes is created to read:
AB606,24,1815
196.85
(1m) (e) For the purpose of direct assessment under sub. (1) of expenses
16incurred by the commission in connection with its activities under s. 66.0420, the
17term "public utility" includes an applicant for a video service franchise, as defined
18in s. 66.0420 (2) (z), or a video service provider, as defined in s. 66.0420 (2) (zg).
AB606,24,2520
(1) Any matter pending with the department of financial institutions on the
21effective date of this subsection that relates to the regulation of video service
22providers under section 66.0420 of the statutes is transferred to the public service
23commission and all materials submitted to or actions taken by the department with
24respect to the pending matter are considered as having been submitted to or taken
25by the commission.
AB606,25,6
1(2) All rules promulgated, and all orders issued, by the department of financial
2institutions relating to the regulation of video service providers under section
366.0420 of the statutes that are in effect on the effective date of this subsection shall
4become rules and orders of the public service commission and shall remain in effect
5until their specified expiration dates or until amended, repealed, or rescinded by the
6commission.
AB606,25,138
(1) In the schedule under section 20.005 (3) of the statutes for the appropriation
9to the public service commission under section 20.155 (1) (g) of the statutes, as
10affected by the acts of 2009, the dollar amount is increased by $100,000 for the first
11fiscal year, and the dollar amount is increased by $100,000 for the second year, of the
12fiscal biennium in which this subsection takes effect for the purposes for which the
13appropriation is made.
AB606,25,2114
(2) In the schedule under section 20.005 (3) of the statutes for the appropriation
15to the department of agriculture, trade and consumer protection under section
1620.115 (1) (jb) of the statutes, as affected by the acts of 2009, the dollar amount is
17increased by $325,000 for the first fiscal year, and the dollar amount is increased by
18$325,000 for the second fiscal year, of the fiscal biennium in which this subsection
19takes effect to increase the authorized FTE positions for the department by 5.0 PR
20positions for the purpose of carrying out the department's duties under section
21100.209 of the statutes.
AB606,26,322
(3) In the schedule under section 20.005 (3) of the statutes for the appropriation
23to the department of financial institutions under section 20.144 (1) (g) of the statutes,
24as affected by the acts of 2009, the dollar amount is decreased by $100,000 for the first
25fiscal year of the fiscal biennium in which this subsection takes effect, and the dollar
1amount is decreased by $100,000 for the second fiscal year of the fiscal biennium in
2which this subsection takes effect, for the purposes for which the appropriation is
3made.
AB606,26,65
(1) The treatment of section 66.0420 (3) (i) 4. of the statutes first applies to
6revocation proceedings commenced on the effective date of this subsection.
AB606,26,87
(2) The treatment of section 66.0420 (5) (d) 1. of the statutes first applies to
8relocations requested on the effective date of this subsection.
AB606,26,109
(3)
The treatment of section 66.0420 (7) (a) 2m. of the statutes first applies to
10compensation that is paid to a municipality on the effective date of this subsection.
AB606,26,1211
(4) The treatment of section 66.0420 (7) (e) 2. and (13) (b) of the statutes first
12applies to actions commenced on the effective date of this subsection.
AB606,26,1413
(5) The treatment of section 66.0420 (13) (d) and (14) of the statutes first applies
14to violations occurring on the effective date of this subsection.
AB606, s. 72
15Section
72.
Effective dates. This act takes effect on the day after publication,
16except as follows:
AB606,26,1917
(1)
The treatment of sections 66.0420 (5) (a) 3. and (b) 1. a. and 100.209 (title),
18(1) (b), (2m), (3), and (4) (a) of the statutes takes effect on the first day of the 4th month
19beginning after publication.