Amendment JR1 AA6-SB13

LRBa0993/1

MDK:wlj:rs

January 2011 Special Session

2011 - 2012 LEGISLATURE

ASSEMBLY AMENDMENT 6, TO SENATE BILL 13

May 11, 2011 - Offered by Representative Hulsey.

SB13-AA6,1,1 At the locations indicated, amend the bill as follows:

SB13-AA6,1,2 1. Page 2, line 16: delete "and".

SB13-AA6,1,4 2. Page 2, line 17: after "providers" insert "; and granting rule-making authority".

SB13-AA6,1,5 3. Page 17, line 17: after "contrary" insert "except s. 196.503 (2) (c)".

SB13-AA6,1,7 4. Page 18, line 14: on lines 14 and 16, after "subd. 2." insert "and s. 196.503 (2) (c)".

SB13-AA6,1,9 5. Page 19, line 20: on lines 20 and 21, delete "or 196.219" and substitute "196.219, or 196.503 (2) (c)".

SB13-AA6,1,11 6. Page 47, line 12: delete that line and substitute "Definitions. In this section:

SB13-AA6,1,12 (a) "Basic voice service" means the provision to residential".

SB13-AA6,2,1 7. Page 47, line 17: after that line insert:

SB13-AA6,2,3 "(b) "Exchange area" means a geographic service area established by an incumbent local exchange carrier and approved by the commission.".

SB13-AA6,2,4 8. Page 47, line 18: after " obligations" insert "; basic voice service rates".

SB13-AA6,2,5 9. Page 47, line 24: after that line insert:

SB13-AA6,2,9 "(c) 1. Except as provided in subd. 6., an incumbent local exchange carrier may not increase rates for basic voice service except as provided in this paragraph and unless the carrier provides notice to the commission and to affected customers not less than 30 days before the effective date of the proposed increase.

SB13-AA6,2,13 2. Except as provided in subd. 6., if an incumbent local exchange carrier, within 12 months prior to the effective date of this subdivision .... [LRB inserts date], increased the carrier's rates for basic local exchange service for an exchange area, both of the following apply:

SB13-AA6,2,17 a. The incumbent local exchange carrier may not increase the carrier's rates for basic voice service for the exchange area by any amount during the 12-month period that ends after the date of the last increase of the rates for basic local exchange service.

SB13-AA6,2,21 b. The incumbent local exchange carrier may not, during the 12-month period that begins immediately after the 12-month period specified in subd. 2. a., or during any subsequent 12-month period, increase the carrier's rates for basic voice service for the exchange area by more than $2 over the 12-month period.

SB13-AA6,3,6 3. Except as provided in subd. 6., if an incumbent local exchange carrier did not, within 12 months prior to the effective date of this subdivision .... [LRB inserts date], increase the carrier's rates for basic local exchange service for an exchange area, and if the commission made a prior determination that the exchange area qualified for alternative regulation of basic local exchange service under s. 196.196 (1) (g), 2009 stats., the incumbent local exchange carrier may not, during the 12-month period that begins on the effective date of this subdivision .... [LRB inserts date], or during any subsequent 12-month period, increase the carrier's rates for basic voice service for the exchange area by more than $2 over the 12-month period.

SB13-AA6,3,19 4. a. Except as provided in subd. 6., if the commission has not made a prior determination that an exchange area qualified for alternative regulation of basic local exchange service under s. 196.196 (1) (g), 2009 stats., an incumbent local exchange carrier may not increase its rates for basic voice service for the exchange area unless the carrier first applies to the commission, and the commission determines that the application demonstrates that 2 or more alternative providers offer, in the exchange area, competing service to the basic voice service offered by the incumbent local exchange carrier in the exchange area, regardless of the technology and facilities used by the alternative provider, the alternative provider's location, or the extent of the alternative provider's service area within the exchange area. For purposes of this subd. 4. a., "alternative provider" includes any telecommunications provider, including a commercial mobile radio service provider or an entity that provides interconnected voice over Internet protocol service.

SB13-AA6,3,22 b. Unless the commission, within 30 days after receipt of an application under subd. 4. a., issues an order finding that the requirements of subd. 4. a. are not satisfied, the commission is considered to have approved the application.

SB13-AA6,4,2 c. An incumbent local exchange carrier that files an application under subd. 4. a. may not, during the 12-month period that begins on the 31st day after the filing of the application, and during any subsequent 12-month period, increase the carrier's rates for basic voice service for the exchange area to which the application applies by more than $2 over the 12-month period.

SB13-AA6,4,5 5. Except as provided in subd. 6., prior to January 1, 2012, an incumbent local exchange carrier may not increase the carrier's rates for basic voice service for a customer receiving lifeline service.

SB13-AA6,4,9 6. At any time and upon not less than 30 days' notice to the commission and to affected customers, an incumbent local exchange carrier that is a cooperative association organized under ch. 185 or 193 may increase its rates for basic voice service by any amount.

SB13-AA6,4,12 7. The rates, terms, and conditions for basic voice service and for installation and reconnection fees for basic voice service shall be tariffed in the manner prescribed by rules promulgated by the commission.

SB13-AA6,4,15 8. a. On the commission's own motion or upon complaint filed by a consumer, the commission shall have jurisdiction to take administrative action to enforce this paragraph.

SB13-AA6,4,19 b. The commission may, at its discretion, bring an action against a telecommunications provider for injunctive relief to compel compliance with this paragraph, to compel the accounting and refund of any moneys collected in violation of this paragraph, or for any other relief permitted under this chapter.".

SB13-AA6,4,20 (End)