SB469: Bill Text

SB469, s. 48 Section 48. 196.204 (1) of the statutes is repealed.

SB469, s. 49 Section 49. 196.204 (2) of the statutes is repealed.

SB469, s. 50 Section 50. 196.204 (3) of the statutes is repealed.

SB469, s. 51 Section 51. 196.204 (4) of the statutes is repealed.

SB469, s. 52 Section 52. 196.204 (5) (ag) of the statutes is renumbered 196.204 (1m) and 196.204 (1m) (intro.), as renumbered, is amended to read:

SB469,21,18 196.204 (1m) (intro.) In this subsection section:

SB469, s. 53 Section 53. 196.204 (5) (ar) of the statutes is renumbered 196.204 (2m) and 196.204 (2m) (a), (b) (intro.) and (c) (intro.), as renumbered, are amended to read:

SB469,22,2 196.204 (2m) (a) In addition to the other requirements of this section, each Each telecommunications service, relevant group of services and basic network function offered or used by a local government telecommunications utility shall be priced to exceed its total service long-run incremental cost. The commission may waive the applicability of this subdivision to a nongovernmental telecommunications utility's basic local exchange service if the commission determines that a waiver is consistent with the factors under s. 196.03 (6).

SB469,22,11 (b) (intro.) For purposes of subd. 1. par. (a), the total service long-run incremental cost of a local government telecommunications utility shall take into account, by imputation or allocation, equivalent charges for all taxes, pole rentals, rights-of-way, licenses, and similar costs that are incurred by nongovernmental telecommunications utilities. This subdivision paragraph does not apply to a local government telecommunications utility that is subject to the exemption under s. 66.0422 (3n). This subdivision paragraph also does not apply to a telecommunications service, relevant group of services, or basic network function if all of the following conditions apply:

SB469,22,15 (c) (intro.) Subdivision 2. Paragraph (b) does not apply to a telecommunications service, relevant group of services, or basic network function, that is used to provide broadband service and that is offered by a municipal telecommunications utility, if all of the following apply:

SB469, s. 54 Section 54. 196.204 (5) (b) of the statutes is repealed.

SB469, s. 55 Section 55. 196.204 (6) of the statutes is repealed.

SB469, s. 56 Section 56. 196.205 (1m) of the statutes is renumbered 196.205, and 196.205 (intro.), as renumbered, is amended to read:

SB469,22,23 196.205 (intro.) A telecommunications cooperative or an unincorporated telecommunications cooperative association may elect to be subject to ss. 196.28 and 196.37 as they apply to any rate, toll or charge and to ss. 196.02 (2), 196.09 (1), s. 196.11 (2), 196.20 and 196.26 in any of the following ways:

SB469, s. 57 Section 57. 196.205 (2) of the statutes is repealed.

SB469, s. 58 Section 58. 196.206 of the statutes is created to read:

SB469,23,3 196.206 Interconnected voice over Internet protocol service. (1) Exemption. Interconnected voice over Internet protocol service is not subject to ch. 201 or this chapter, except as provided in this section.

SB469,23,12 (2) Universal service fund. A telecommunications provider that provides interconnected voice over Internet protocol service in this state shall make contributions to the universal service fund based on its revenues from providing such service. The revenues shall be calculated using direct assignment, a provider-specific traffic study, the inverse of the interstate jurisdictional allocation established by the federal communications commission for the purpose of federal universal service assessments, or any other reasonable assignment. Direct assignment or traffic studies shall be based on the primary physical service address identified by the customer.

SB469,23,15 (3) Intrastate access rates. Unless otherwise provided under federal law, access charges for interconnected voice over Internet protocol service are subject to s. 196.191.

SB469, s. 59 Section 59. 196.211 of the statutes is created to read:

SB469,23,17 196.211 Electronic call detail records. (1) Definitions. In this section:

SB469,23,20 (a) "Competitive local exchange carrier" means a local exchange carrier, as defined in 47 USC 153 (26), but does not include an incumbent local exchange carrier, as defined in 47 USC 251 (h) (1).

SB469,23,25 (b) "Electronic call detail record" means an electronic record in exchange message interface record format for a call originated by a commercial mobile radio service provider or a competitive local exchange carrier which is subsequently routed by a tandem switching provider to the telecommunications provider that terminates the call.

SB469,24,2 (c) "Tandem switching provider" means a telecommunications provider that provides tandem switching service to another telecommunications provider.

SB469,24,14 (2) Tandem switching providers. Beginning no later than 24 months after the effective date of this subsection .... [LRB inserts date], a tandem switching provider shall make electronic call detail records available to telecommunications providers for calls that are originated by commercial mobile radio service providers and competitive local exchange carriers and subsequently routed by the tandem switching provider to a telecommunications provider's network for termination. A tandem switching provider is in compliance with this subsection if the electronic call detail record that is made available contains the information provided by the telecommunications provider that originated the call. This section does not alter or otherwise change the record creation, record exchange, or billing processes for traffic carried by interexchange carriers that are in effect on the effective date of this subsection .... [LRB inserts date].

SB469, s. 60 Section 60. 196.213 of the statutes is repealed.

SB469, s. 61 Section 61. 196.215 of the statutes is repealed.

SB469, s. 62 Section 62. 196.218 (1) (a) of the statutes is created to read:

SB469,24,20 196.218 (1) (a) "Essential telecommunications services" means services or functionalities determined by the federal communications commission to be eligible for support by federal universal service support mechanisms.

SB469, s. 63 Section 63. 196.218 (3) (a) 3. c. of the statutes is created to read:

SB469,24,23 196.218 (3) (a) 3. c. The amounts required to make disbursements to incumbent local exchange carriers under s. 196.191 (3) (d) 2.

SB469, s. 64 Section 64. 196.218 (3) (a) 3m. of the statutes is amended to read:

SB469,25,6 196.218 (3) (a) 3m. Contributions under this paragraph may be based only on the gross operating revenues from the provision of broadcast services identified by the commission under subd. 2. and on intrastate telecommunications services in this state of the telecommunications providers subject to the contribution. Contributions based on revenues from interconnected voice over Internet protocol service shall be calculated as provided under s. 196.206 (2).

SB469, s. 65 Section 65. 196.218 (3) (f) of the statutes is amended to read:

SB469,25,16 196.218 (3) (f) Notwithstanding ss. 196.196 (1) and (5) (d) 2., s. 196.20 (2m), (5) and (6), 196.213 and 196.215, a telecommunications utility that provides local exchange service may make adjustments to local exchange service rates for the purpose of recovering its contributions to the universal service fund required under this subsection. A telecommunications utility that adjusts local exchange service rates for the purpose of recovering such contributions shall identify on customer bills a single amount that is the total amount of the adjustment. The public service commission shall provide telecommunications utilities the information necessary to identify such amounts on customer bills.

SB469, s. 66 Section 66. 196.218 (4) of the statutes is repealed and recreated to read:

SB469,25,25 196.218 (4) Essential telecommunications services. Each telecommunications provider that provides basic local exchange service or that is designated as an eligible telecommunications carrier pursuant to 47 USC 214 (e) (2) shall make available to its customers all essential telecommunications services. A telecommunications provider may satisfy this subsection by providing essential telecommunications services itself or through an affiliate and in either case may provide essential telecommunications services through the use of any available technology or mode.

SB469, s. 67 Section 67. 196.218 (5) (a) 14. of the statutes is created to read:

SB469,26,3 196.218 (5) (a) 14. To make disbursements to incumbent local exchange carriers under s. 196.191 (3) (d) 2.

SB469, s. 68 Section 68. 196.218 (5r) (title) of the statutes is amended to read:

SB469,26,5 196.218 (5r) (title) Annual report reports.

SB469, s. 69 Section 69. 196.218 (5r) (a) 4. of the statutes is amended to read:

SB469,26,12 196.218 (5r) (a) 4. An assessment of how successful investments identified in s. 196.196 (5) (f), assistance provided by the universal service fund, and price regulation and other alternative incentive regulations of telecommunications utilities designed to promote competition have been in advancing the public interest goals identified under s. 196.03 (6), and recommendations for further advancing those goals.

SB469, s. 70 Section 70. 196.218 (5r) (am) of the statutes is created to read:

SB469,26,21 196.218 (5r) (am) The commission shall submit a written report to the universal service fund council at least annually regarding the administration of the disbursements to incumbent local exchange carriers under s. 196.191 (3) (d) 2. The report shall identify the total amount of money collected from each telecommunications provider that contributes to the universal service fund, the total amount disbursed annually to each incumbent local exchange carrier under s. 196.191 (3) (d) 2., and the commission's administrative expenses related to s. 196.191 (3) and 196.206 (2).

SB469, s. 71 Section 71. 196.219 (1) (b) of the statutes is amended to read:

SB469,26,25 196.219 (1) (b) "Local exchange service" has the meaning given in s. 196.50 (1) (b) 1. includes access service, basic local exchange service, and business access line and usage service within a local calling area.

SB469, s. 72 Section 72. 196.26 (1) (a) of the statutes is amended to read:

SB469,27,5 196.26 (1) (a) A complaint filed with the commission that any rate, toll, charge, or schedule, joint rate, regulation, measurement, act, or practice relating to the provision of heat, light, water, or power, or telecommunications service is unreasonable, inadequate, unjustly discriminatory, or cannot be obtained.

SB469, s. 73 Section 73. 196.26 (4) of the statutes is repealed.

SB469, s. 74 Section 74. 196.28 (4) of the statutes is repealed.

SB469, s. 75 Section 75. 196.31 (1m) of the statutes is amended to read:

SB469,27,11 196.31 (1m) The commission shall compensate any consumer group or consumer representative for all reasonable costs of participating in a hearing under s. 196.196 (1) (g) or 196.198.

SB469, s. 76 Section 76. 196.37 (3) of the statutes is amended to read:

SB469,27,17 196.37 (3) Any public utility to which an order under this section applies shall make such changes in schedules on file under s. 196.19 to make the schedules conform to the order. The public utility may not make any subsequent change in rates, tolls or charges without the approval of the commission, except as provided in s. 196.205 or 196.215 (2).

SB469, s. 77 Section 77. 196.37 (4) of the statutes is repealed.

SB469, s. 78 Section 78. 196.49 (1) (ag) of the statutes is repealed.

SB469, s. 79 Section 79. 196.49 (3) (b) (intro.) of the statutes is amended to read:

SB469,27,25 196.49 (3) (b) (intro.) Except as provided in par. (d), the The commission may require by rule or special order under par. (a) that no project may proceed until the commission has certified that public convenience and necessity require the project. The commission may refuse to certify a project if it appears that the completion of the project will do any of the following:

SB469, s. 80 Section 80. 196.49 (3) (d) of the statutes is repealed.

SB469, s. 81 Section 81. 196.50 (1) (b) 1. and 2. of the statutes are repealed.

SB469, s. 82 Section 82. 196.50 (1) (b) 3. of the statutes is renumbered 196.50 (1) (b).

SB469, s. 83 Section 83. 196.50 (2) (a) of the statutes is amended to read:

SB469,28,7 196.50 (2) (a) Alternative telecommunications utilities shall be certified under s. 196.203. All Except as provided in par. (j) 1., all other telecommunications utilities shall be certified under this subsection.

SB469, s. 84 Section 84. 196.50 (2) (f) of the statutes is amended to read:

SB469,28,16 196.50 (2) (f) The commission shall issue a certificate of authority or an amended certificate of authority if it finds, after notice and opportunity for hearing, that the applicant possesses sufficient technical, financial and managerial resources to provide telecommunications service to any person within the identified geographic area. In making this determination, the commission shall consider the factors identified in s. 196.03 (6). The commission may order the applicant to satisfy any conditions that the commission considers to be necessary to protect the public interest, including structural safeguards.

SB469, s. 85 Section 85. 196.50 (2) (g) 3. of the statutes is repealed.

SB469, s. 86 Section 86. 196.50 (2) (h) of the statutes is repealed.

SB469, s. 87 Section 87. 196.50 (2) (i) of the statutes is created to read:

SB469,29,2 196.50 (2) (i) A telecommunications utility certified under this subsection is exempt from ss. 196.02 (2), 196.05, 196.06, 196.07, 196.09, 196.10, 196.12, 196.13, 196.19, 196.20, 196.21, 196.22, 196.28, 196.37, 196.49, 196.52, 196.58, 196.60, 196.78, and 196.79. If the commission imposes a provision of this chapter or ch. 201 on an alternative telecommunications utility under s. 196.203 (3), the commission shall ensure that the same provision at the same level of regulation is imposed on telecommunications utilities certified under this subsection.

SB469, s. 88 Section 88. 196.50 (2) (j) of the statutes is created to read:

SB469,29,5 196.50 (2) (j) A telecommunications utility certified under this subsection may do any of the following:

SB469,29,13 1. Provide notice to the commission to terminate the certification under this subsection and certify the telecommunications utility as an alternative telecommunications utility under s. 196.203. No later than 30 days after receiving notice under this subdivision, the commission shall issue an order issuing a certification under s. 196.203 and terminating the certification under this subsection and all regulatory requirements related to the certification under this subsection, including all such requirements imposed by the certification under this subsection or imposed by order or otherwise by the commission.

SB469,29,19 2. Provide notice to the commission to maintain the certification under this subsection but to regulate the telecommunications utility in the same manner as an alternative telecommunications utility is regulated under this chapter. No later than 30 days after receiving notice under this subdivision, the commission shall issue an order specifying that the telecommunications utility shall be regulated in the same manner as an alternative telecommunications utility.

SB469, s. 89 Section 89. 196.52 (3) (b) 1. of the statutes is amended to read:

SB469,30,5 196.52 (3) (b) 1. The requirement for written approval under par. (a) shall not apply to any contract or arrangement if the amount of consideration involved is not in excess of $25,000 or 5% of the equity of the public utility, whichever is smaller. The requirement under par. (a) also does not apply to a telecommunications utility contract or arrangement or to contracts or arrangements with joint local water authorities under s. 66.0823. Regularly recurring payments under a general or continuing arrangement which aggregate a greater annual amount may not be broken down into a series of transactions to come within the exemption under this paragraph. Any transaction exempted under this paragraph shall be valid or effective without commission approval under this section.

SB469, s. 90 Section 90. 196.52 (3) (c) (intro.) of the statutes is amended to read:

SB469,30,9 196.52 (3) (c) (intro.) If the value of a contract or arrangement between an affiliated interest and a public utility, other than a telecommunications utility, exceeds $1,000,000, the commission:

SB469, s. 91 Section 91. 196.52 (5) (a) of the statutes is renumbered 196.52 (5).

SB469, s. 92 Section 92. 196.52 (5) (b) of the statutes is repealed.

SB469, s. 93 Section 93. 196.52 (6) of the statutes is amended to read:

SB469,30,21 196.52 (6) If the commission finds upon investigation that a public utility, other than a telecommunications utility, is giving effect to a contract or arrangement without the commission's approval under this section, the commission shall issue a summary order directing that public utility to cease and desist from making any payments, receiving compensation, providing any service or otherwise giving any effect to the contract or arrangement until the contract or arrangement receives the approval of the commission. The circuit court of Dane County may enforce the order to cease and desist by appropriate process, including the issuance of a preliminary injunction, upon the suit of the commission.

SB469, s. 94 Section 94. 196.52 (9) (e) of the statutes is amended to read:

SB469,31,2 196.52 (9) (e) Notwithstanding sub. (5) (a), the commission may not modify or terminate a leased generation contract approved under sub. (3) except as specified in the leased generation contract or the commission's order approving the leased generation contract.

SB469, s. 95 Section 95. 196.60 (1) (a) of the statutes is amended to read:

SB469,31,12 196.60 (1) (a) Except as provided under sub. (2), no No public utility and no agent, as defined in s. 196.66 (3) (a), or officer of a public utility, directly or indirectly, may charge, demand, collect or receive from any person more or less compensation for any service rendered or to be rendered by it in or affecting or relating to the production, transmission, delivery or furnishing of heat, light, water, telecommunications service or power or for any service in connection therewith, than that prescribed in the published schedules or tariffs then in force, or established under this chapter, or than it charges, demands, collects or receives from any other person for a like contemporaneous service.

SB469, s. 96 Section 96. 196.60 (2) of the statutes is repealed.

SB469, s. 97 Section 97. 196.604 of the statutes is amended to read:

SB469,31,23 196.604 Rebates, concessions and discriminations unlawful. No person may knowingly solicit, accept or receive any rebate, concession or discrimination from a public utility for any service in or affecting or relating to the production, transmission, delivery or furnishing of heat, light, water or power or the conveying of telecommunications messages within this state or for any connected service whereby the service is rendered or is to be rendered free or at a rate less than the rate named in the schedules and tariffs in force, or whereby any other service or advantage is received. Any person violating this section shall be fined not less than $50 nor more than $5,000 for each offense.