Amendment SA17-AB64

AB64-SA17,11,23 3. A broadband Internet access service provider is not required to maintain a record under subd. 1. if it reasonably determines that no harm to customers is reasonably likely to occur as a result of the breach of security.

AB64-SA17,12,2 (6) Internet access service offers conditioned on waiver of privacy. (a) A broadband Internet access service provider may not refuse to provide broadband Internet access service because a customer or prospective customer does not provide approval required under sub. (3) (a) or (b).

AB64-SA17,12,6 (b) A broadband Internet access service provider that offers a financial incentive program, such as lower rates, in exchange for a customer's approval to use, disclose, or permit access to the customer's proprietary information shall do all of the following:

AB64-SA17,12,8 1. Provide a notice explaining the terms of the financial incentive program that includes all of the following:

AB64-SA17,12,10 a. An explanation that the program requires opt-in approval from the customer to use, disclose, or permit access to the customer's proprietary information.

AB64-SA17,12,13 b. Information about what customer proprietary information the provider will collect, how it will be used, and the categories of entities with which it will be shared and for what purposes.

AB64-SA17,12,16 c. Information, prominently displayed, about the equivalent service plan that does not necessitate the use, disclosure, or access to customer proprietary information beyond that required or permitted under sub. (3) (c).

AB64-SA17,12,18 2. Obtain opt-in approval from the customer for consent to participate in the financial incentive program.

AB64-SA17,12,20 3. Provide the notice required under subd. 1. at the time the program is offered to a customer and at the time that a customer elects to participate in the program.

AB64-SA17,12,23 4. Make the notice required under subd. 1. easily accessible and available separate from any other privacy notifications, including the notifications required under sub. (2) (a) or (c).

AB64-SA17,13,3 5. If the provider transacts business with a customer in a language other than English, translate the contents required under subd. 1. into the language through which the provider transacts business with the customer.

AB64-SA17,13,7 6. If the customer grants the opt-in approval required under subd. 2., a broadband Internet access service provider shall make available a mechanism for the customer to withdraw approval for participation in the financial incentive program under this paragraph at any time.

AB64-SA17,13,12 (7) Remedies and penalties. (a) 1. A person or class of persons adversely affected by a broadband Internet access service provider's violation of this section has a claim for appropriate relief, including damages, injunctive relief, and rescission and may bring an action in circuit court against the broadband Internet access service provider.

AB64-SA17,13,14 2. Notwithstanding s. 814.04 (1), a person or class of persons entitled to relief under subd. 1 may recover costs, disbursements, and reasonable attorney fees.

AB64-SA17,13,17 (b) 1. Any of the following may bring an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this section:

AB64-SA17,13,18 a. The department.

AB64-SA17,13,19 b. The department of justice, after consulting with the department.

AB64-SA17,13,20 c. Any district attorney, upon informing the department.

AB64-SA17,13,24 2. Before entry of final judgment, the court may make any order or judgment necessary to restore to any person any pecuniary loss suffered because of a violation that is the subject of the action under subd. 1., if proof of the violation is submitted to the satisfaction of the court.

AB64-SA17,14,5 (c) 1. For any violation of this section, the department of justice, after consulting with the department, or the district attorney for the county where the violation occurs, upon informing the department, may commence an action in the name of the state to recover a forfeiture of not more than $50,000 for the first violation and not more than $100,000 for each subsequent violation.

AB64-SA17,14,8 2. Each occasion that a broadband Internet access service provider uses, discloses, or permits access to an individual customer's proprietary information in violation of sub. (3) (a) or (b) constitutes a separate violation.”.

AB64-SA17,14,9 4. Page 859, line 14: delete that line and substitute:

AB64-SA17,14,11 “ Section 1695b. 196.504 (1) (a) of the statutes is renumbered 196.504 (1) (ad), and 196.504 (1) (ad) 2., as renumbered, is amended to read:

AB64-SA17,14,13 196.504 (1) (ad) 2. A telecommunications utility that has not received or applied for A-CAM or phase II support.

AB64-SA17,1695c Section 1695c. 196.504 (1) (aa) of the statutes is created to read:

AB64-SA17,14,19 196.504 (1) (aa) “A-CAM support” means support for the deployment of voice and broadband-capable networks from the federal Connect America Fund that is made to telecommunications utilities regulated as rate-of-return carriers by the federal communications commission and that is based on the federal communications commission's Alternative Connect America Cost Model.

AB64-SA17,1695d Section 1695d. 196.504 (1) (ab) of the statutes is created to read:

AB64-SA17,14,23 196.504 (1) (ab) “Broadband infrastructure” means infrastructure for the provision of broadband service at a minimum download speed of 25 megabits per second and a minimum upload speed of 3 megabits per second.”.

AB64-SA17,14,24 5. Page 859, line 15: on lines 15 and 16, delete “(ab)" and substitute “(ac)".

AB64-SA17,15,1 6. Page 859, line 18: on lines 18 and 19, delete “(ad)" and substitute “(af)".

AB64-SA17,15,2 7. Page 859, line 22: after that line insert:

AB64-SA17,15,3 “ Section 1695p. 196.504 (1) (ae) of the statutes is renumbered 196.504 (1) (ak).

AB64-SA17,1695r Section 1695r. 196.504 (1) (ah) of the statutes is created to read:

AB64-SA17,15,8 196.504 (1) (ah) “Phase II support” means the federal communications commission's 2nd phase of support for rural broadband deployment from the federal Connect America Fund that is made to telecommunications utilities regulated as price cap carriers by the federal communications commission.”.

AB64-SA17,15,10 8. Page 859, line 23: delete the material beginning with that line and ending with page 860, line 5.

AB64-SA17,15,11 9. Page 860, line 7: delete lines 7 to 11 and substitute:

AB64-SA17,15,14 “196.504 (2) (a) To make broadband expansion grants to eligible applicants for the purpose of constructing broadband infrastructure in underserved areas designated under par. (d).

AB64-SA17,15,19 (2m) Grants awarded under this section shall be paid from the appropriation appropriations under s. 20.155 (3) (a), (r). In each fiscal year, the total amount of the grants may not exceed $1,500,000, and (rm). Not less than 85 percent of the grants awarded in a fiscal year shall be for the construction of broadband infrastructure in counties with populations of 65,000 or less.

AB64-SA17,1698m Section 1698m. 196.504 (2) (am) of the statutes is created to read:

AB64-SA17,15,24 196.504 (2) (am) To make broadband expansion grants to organizations specified in sub. (1) (ad) 1., telecommunications utilities, or political subdivisions for project planning related to broadband infrastructure construction in underserved areas designated under par. (d).”.

AB64-SA17,16,2 10. Page 860, line 16: after “those providers." insert “The criteria shall give first priority to projects for areas in which no broadband service is available.".

AB64-SA17,16,3 11. Page 860, line 17: before “priority" insert “secondary".

AB64-SA17,16,4 12. Page 860, line 18: delete “that affect" and substitute “that affect".

AB64-SA17,16,5 13. Page 860, line 19: delete “unserved areas, that" and substitute “, that".

AB64-SA17,16,6 14. Page 861, line 5: delete lines 5 and 6.

AB64-SA17,16,7 15. Page 861, line 6: after that line insert:

AB64-SA17,16,8 “ Section 1699t. 196.504 (2m) of the statutes is created to read:

AB64-SA17,16,11 196.504 (2m) Biennially, beginning on January 1, 2019, the legislative audit bureau shall conduct a performance evaluation audit of the broadband expansion grant program under sub. (2).”.

AB64-SA17,16,12 (End)