AB606: Bill Text

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.

AB606, s. 41 Section 41. 66.0420 (7) (em) 4. of the statutes is amended to read:

AB606,18,4 66.0420 (7) (em) 4. For purposes of this paragraph subd. 3., the proportion of video service customers of a video service provider shall be determined based on the relative number of subscribers as of the end of the prior calendar year as reported by all incumbent cable operators and holders of video service authorizations.

AB606, s. 42 Section 42. 66.0420 (7) (em) 5. of the statutes is created to read:

AB606,18,14 66.0420 (7) (em) 5. A municipality may, by ordinance, for the purpose of supporting PEG channels, require an interim cable operator or video service provider to pay the municipality, beginning on January 1, 2011, a fee equal to no more than 1 percent of the interim cable operator's or video service provider's annual gross receipts. If an interim cable operator pays a franchise fee to a municipality, the interim cable operator shall pay any fee required under this subdivision at the time that the interim cable operator pays the franchise fee to the municipality. A video service provider shall pay a fee required under this subdivision at the time that the video service provider pays a video service provider fee to the municipality.

AB606, s. 43 Section 43. 66.0420 (7) (f) of the statutes is amended to read:

AB606,18,19 66.0420 (7) (f) Itemization. A video service provider may identify and collect the amount related to a video service provider fee and any fee imposed for monetary support for access facilities for PEG channels as described in required under par. (em) as a separate line item on customer bills.

AB606, s. 44 Section 44. 66.0420 (8) (b) of the statutes is repealed and recreated to read:

AB606,19,7 66.0420 (8) (b) Access to service. If a large telecommunications video service provider does not provide access to its video service to at least 90 percent of the households in the large telecommunications service video provider's telecommunications service area by the first day of the 18th month beginning after the effective date of this paragraph .... [LRB inserts date], the large telecommunications video service provider shall pay to the commission, no later than the 19th month beginning after the effective date of this paragraph .... [LRB inserts date], a sum of $20,000,000. If a large telecommunications video service provider pays the sum, the commission shall use the sum to make grants to persons to assist in the deployment of broadband service to underserved areas in this state. The commission shall promulgate rules establishing requirements and procedures for making the grants.

AB606, s. 45 Section 45. 66.0420 (8) (e) of the statutes is amended to read:

AB606,19,15 66.0420 (8) (e) Limitations. Notwithstanding any other provision of this section, a telecommunications video service provider is not required to provide video service outside the provider's basic local exchange service area, and a video service provider that is an incumbent cable operator is not required to provide video service outside the area in which the incumbent cable operator provided cable service at the time the department of financial institutions commission issued a video service franchise to the incumbent cable operator.

AB606, s. 46 Section 46. 66.0420 (8g) of the statutes is created to read:

AB606,19,20 66.0420 (8g) Equipment returns. The commission shall promulgate rules that allow a customer, at no cost to the customer, to return to a video service provider, by a deadline specified in the rules, equipment necessary for receiving video service that the video service provider has provided the customer.

AB606, s. 47 Section 47. 66.0420 (8r) of the statutes is created to read:

AB606,20,2 66.0420 (8r) Customer service centers. A video service provider shall maintain at least one customer service facility within this state that is staffed by customer service representatives with the capacity to accept payments; adjust bills; respond to repair, installation, reconnection, disconnection, and other service calls; and distribute and receive converter boxes, remote control units, digital stereo units, and other equipment necessary for receiving video service.

AB606, s. 48 Section 48. 66.0420 (9) of the statutes is repealed and recreated to read:

AB606,20,9 66.0420 (9) Municipal enforcement. A municipality may adopt or enact, and enforce, an ordinance or resolution requiring a video service provider to comply with s. 100.209 and any rules promulgated by the department of agriculture, trade and consumer protection under s. 100.209. In an action to enforce an ordinance or resolution, a municipality may, notwithstanding s. 814.01, recover costs and reasonable attorney fees.

AB606, s. 49 Section 49. 66.0420 (10) of the statutes is amended to read:

AB606,20,19 66.0420 (10) Limitation on rate regulation. The department commission or a municipality may not regulate the rates charged for any video service by an interim cable operator or video service provider that provides video service in a municipality if at least one other interim cable operator or video service provider is providing video service in the municipality and the other interim cable operator or video service provider is not an affiliate of the interim cable operator or video service provider. This subsection applies regardless of whether any affected interim cable operator or video service provider has sought a determination from the FCC regarding effective competition under 47 CFR 76.905.

AB606, s. 50 Section 50. 66.0420 (11) of the statutes is amended to read:

AB606,21,3 66.0420 (11) Transfer of video service franchise. A person who is issued a video service franchise may transfer the video service franchise to any successor-in-interest, including a successor-in-interest that arises through merger, sale, assignment, restructuring, change of control, or any other transaction. No later than 15 days after the transfer is complete, the successor-in-interest shall apply for a video service franchise under sub. (3) (d) and comply with sub. (3) (e) 1. The successor-in-interest may provide video service in the video franchise area during the period that the department commission reviews the application.

AB606, s. 51 Section 51. 66.0420 (13) (a) of the statutes is amended to read:

AB606,21,8 66.0420 (13) (a) The department of financial institutions commission may promulgate rules interpreting or establishing procedures for this section and the department of agriculture, trade and consumer protection may promulgate rules interpreting or establishing procedures for sub. (8).

AB606, s. 52 Section 52. 66.0420 (13) (b) of the statutes is amended to read:

AB606,21,18 66.0420 (13) (b) Except as provided in sub. (7) (e), a municipality, interim cable operator, or video service provider that is affected by a failure to comply with this section may bring an action to enforce this section. If a court finds that a municipality, interim cable operator, or video service provider has not complied with this section, the court shall order the municipality, interim cable operator, or video service provider to comply with this section. Notwithstanding ss. s. 814.01, 814.02, 814.03, and 814.035, no costs may be allowed in an action under this paragraph to any party the prevailing party may recover costs and reasonable attorney fees in the action.

AB606, s. 53 Section 53. 66.0420 (13) (c) of the statutes is amended to read:

AB606,21,25 66.0420 (13) (c) The department commission shall enforce this section, except sub. (8). The department commission may bring an action to recover any fees that are due and owing under this section or to enjoin a violation of this section, except sub. (8), or any rule promulgated under sub. (3) (f) 4. An action shall be commenced under this paragraph within 3 years after the occurrence of the unlawful act or practice or be barred.

AB606, s. 54 Section 54. 66.0420 (13) (d) of the statutes is created to read:

AB606,22,4 66.0420 (13) (d) The department of agriculture, trade and consumer protection may bring an action to enjoin a violation of sub. (8) or any rule interpreting or establishing procedures for sub. (8).

AB606, s. 55 Section 55. 66.0420 (14) of the statutes is created to read:

AB606,22,8 66.0420 (14) Penalty. A person who violates this section may be required to forfeit not more than $1,000 for each offense and not more than $10,000 for each occurrence.

AB606, s. 56 Section 56. 100.209 (title) of the statutes is amended to read:

AB606,22,11 100.209 (title) Video programming service subscriber rights; customer service standards for video service providers.

AB606, s. 57 Section 57. 100.209 (1) (b) of the statutes is created to read:

AB606,22,14 100.209 (1) (b) "Federal regulations" mean 47 CFR 76.309, 76.1602, 76.1603, and 76.1619.

AB606, s. 58 Section 58. 100.209 (1) (c) of the statutes is amended to read:

AB606,22,18 100.209 (1) (c) "Multichannel video provider" means an interim cable operator, as defined in s. 66.0420 (2) (n), video service provider, as defined in s. 66.0420 (2) (zg), or multichannel video programming distributor, as defined in 47 USC 522 (13).

AB606, s. 59 Section 59. 100.209 (1) (e) of the statutes is created to read:

AB606,22,21 100.209 (1) (e) "Video service provider" has the meaning given in s. 66.0420 (2) (zg).

AB606, s. 60 Section 60. 100.209 (2) (a) of the statutes is amended to read:

AB606,22,25 100.209 (2) (a) A multichannel video provider shall repair video programming service within 72 24 hours after a subscriber reports a service interruption or requests the repair if the service interruption is not the result of a natural disaster.

AB606, s. 61 Section 61. 100.209 (2m) of the statutes is created to read:

AB606,23,7 100.209 (2m) Customer service standards. A video service provider, including a video service provider that is not a cable operator, shall comply with the customer service standards specified for cable operators in the federal regulations. Notwithstanding the advance written notice specified in the federal regulations, a video service provider's duty to comply with this subsection begins on the effective date of this subsection .... [LRB inserts date].

AB606, s. 62 Section 62. 100.209 (3) of the statutes is amended to read:

AB606,23,12 100.209 (3) Rules and orders allowed. This section does not prohibit the department from promulgating a rule or from issuing an order consistent with its authority under this chapter that gives a subscriber greater rights than the rights under sub. (2) or (2m).

AB606, s. 63 Section 63. 100.209 (4) (a) of the statutes is amended to read:

AB606,23,17 100.209 (4) (a) A person who violates sub. (2) or (2m) may be required to forfeit not more than $1,000 for each offense and not more than $10,000 for each occurrence. Failure to give a notice required under sub. (2) (c) or (d) to more than one subscriber shall be considered to be one offense.

AB606, s. 64 Section 64. 100.209 (4) (b) of the statutes is amended to read:

AB606,23,21 100.209 (4) (b) The department and the , district attorneys of this state, and, as provided under s. 66.0420 (9), municipalities, as defined in s. 66.0420 (2) (r), have concurrent authority to institute civil proceedings under this section.

AB606, s. 65 Section 65. 100.261 (3) (c) of the statutes is amended to read:

AB606,23,24 100.261 (3) (c) The amount credited under par. (b) to the appropriation account under s. 20.115 (1) (jb) may not exceed $185,000 in each fiscal year.

AB606, s. 66 Section 66. 196.44 (1) of the statutes is amended to read:

AB606,24,6 196.44 (1) Duty of commission. The commission shall inquire into the neglect or violation of the laws of this state by public utilities and of s. 66.0420, except for s. 66.0420 (8), by video service providers, or by their officers, agents or employees or by persons operating public utilities or video service providers, and shall enforce s. 66.0420, except s. 66.0420 (8), and all laws relating to public utilities, and report all violations to the attorney general.

AB606, s. 67 Section 67. 196.44 (2) of the statutes is amended to read:

AB606,24,13 196.44 (2) Duties of attorney general and district attorneys. Upon request of the commission, the attorney general or the district attorney of the proper county shall aid in any investigation, hearing or trial had under this chapter, and shall institute and prosecute all necessary actions or proceedings for the enforcement of s. 66.0420, except s. 66.0420 (8), and all laws relating to public utilities or telecommunications providers, and for the punishment of all violations.

AB606, s. 68 Section 68. 196.85 (1m) (e) of the statutes is created to read:

AB606,24,18 196.85 (1m) (e) For the purpose of direct assessment under sub. (1) of expenses incurred by the commission in connection with its activities under s. 66.0420, the term "public utility" includes an applicant for a video service franchise, as defined in s. 66.0420 (2) (z), or a video service provider, as defined in s. 66.0420 (2) (zg).

AB606, s. 69 Section 69. Nonstatutory provisions.

AB606,24,25 (1) Any matter pending with the department of financial institutions on the effective date of this subsection that relates to the regulation of video service providers under section 66.0420 of the statutes is transferred to the public service commission and all materials submitted to or actions taken by the department with respect to the pending matter are considered as having been submitted to or taken by the commission.

AB606,25,6 (2) All rules promulgated, and all orders issued, by the department of financial institutions relating to the regulation of video service providers under section 66.0420 of the statutes that are in effect on the effective date of this subsection shall become rules and orders of the public service commission and shall remain in effect until their specified expiration dates or until amended, repealed, or rescinded by the commission.

AB606, s. 70 Section 70. Fiscal changes.

AB606,25,13 (1) In the schedule under section 20.005 (3) of the statutes for the appropriation to the public service commission under section 20.155 (1) (g) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $100,000 for the first fiscal year, and the dollar amount is increased by $100,000 for the second year, of the fiscal biennium in which this subsection takes effect for the purposes for which the appropriation is made.

AB606,25,21 (2) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of agriculture, trade and consumer protection under section 20.115 (1) (jb) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $325,000 for the first fiscal year, and the dollar amount is increased by $325,000 for the second fiscal year, of the fiscal biennium in which this subsection takes effect to increase the authorized FTE positions for the department by 5.0 PR positions for the purpose of carrying out the department's duties under section 100.209 of the statutes.

AB606,26,3 (3) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of financial institutions under section 20.144 (1) (g) of the statutes, as affected by the acts of 2009, the dollar amount is decreased by $100,000 for the first fiscal year of the fiscal biennium in which this subsection takes effect, and the dollar amount is decreased by $100,000 for the second fiscal year of the fiscal biennium in which this subsection takes effect, for the purposes for which the appropriation is made.

AB606, s. 71 Section 71. Initial applicability.

AB606,26,6 (1) The treatment of section 66.0420 (3) (i) 4. of the statutes first applies to revocation proceedings commenced on the effective date of this subsection.

AB606,26,8 (2) The treatment of section 66.0420 (5) (d) 1. of the statutes first applies to relocations requested on the effective date of this subsection.

AB606,26,10 (3) The treatment of section 66.0420 (7) (a) 2m. of the statutes first applies to compensation that is paid to a municipality on the effective date of this subsection.

AB606,26,12 (4) The treatment of section 66.0420 (7) (e) 2. and (13) (b) of the statutes first applies to actions commenced on the effective date of this subsection.

AB606,26,14 (5) The treatment of section 66.0420 (13) (d) and (14) of the statutes first applies to violations occurring on the effective date of this subsection.

AB606, s. 72 Section 72. Effective dates. This act takes effect on the day after publication, except as follows:

AB606,26,19 (1) The treatment of sections 66.0420 (5) (a) 3. and (b) 1. a. and 100.209 (title), (1) (b), (2m), (3), and (4) (a) of the statutes takes effect on the first day of the 4th month beginning after publication.

AB606,26,20 (End)