SB582: Bill Text

SB582,5,22 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.

SB582, s. 7 Section 7. 66.0420 (5) (d) 3. and 4. of the statutes are created to read:

SB582,6,4 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:

SB582,6,6 a. Local commercial television stations that the interim cable operator or video service provider is required to carry under federal law.

SB582,6,10 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.

SB582,6,13 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:

SB582,6,17 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.

SB582,6,20 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.

SB582,6,24 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.

SB582, s. 8 Section 8. 66.0420 (7) (a) 1. of the statutes is amended to read:

SB582,7,15 66.0420 (7) (a) 1. Notwithstanding s. 66.0611 and except as provided in subds. 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 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.

SB582, s. 9 Section 9. 66.0420 (7) (em) (title) of the statutes is amended to read:

SB582,7,17 66.0420 (7) (em) (title) PEG channel monetary support.

SB582, s. 10 Section 10. 66.0420 (7) (em) 1. of the statutes is amended to read:

SB582,7,24 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.

SB582, s. 11 Section 11. 66.0420 (7) (em) 2. of the statutes is amended to read:

SB582,8,3 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.

SB582, s. 12 Section 12. 66.0420 (7) (em) 3. of the statutes is amended to read:

SB582,8,18 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.

SB582, s. 13 Section 13. 66.0420 (7) (em) 4. of the statutes is amended to read:

SB582,8,23 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.

SB582, s. 14 Section 14. 66.0420 (7) (em) 5. of the statutes is created to read:

SB582,9,9 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.

SB582, s. 15 Section 15. 66.0420 (7) (f) of the statutes is amended to read:

SB582,9,14 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.

SB582, s. 16 Section 16. Initial applicability.

SB582,9,17 (1) The treatment of section 66.0420 (5) (d) 1. of the statutes first applies to relocations requested on the effective date of this subsection.

SB582, s. 17 Section 17. Effective dates. This act takes effect on the day after publication, except as follows:

SB582,9,21 (1) The treatment of section 66.0420 (5) (a) 3. and (b) 1. a. of the statutes takes effect on the first day of the 4th month beginning after publication.

SB582,9,22 (End)