Amendment SA1-AB917

AB917-SA1,5,5 (2) Broadband labels. No person may sell or offer to sell broadband service in this state unless the person makes broadband labels easily available to potential consumers and provides a broadband label to every consumer before sale of the service to the consumer. A broadband label provided under this subsection shall use the templates for consumer labels for broadband service provided by the federal communications commission. A broadband label provided under this subsection may not contain any misleading or inaccurate information.

AB917-SA1,5,11 (3) Contract termination and refund. If a person makes a sale to a consumer in violation of sub. (1) (b) or (d), the consumer notifies the person in writing of the violation, and the person fails to remedy the violation within one month after receiving the notice, the consumer may terminate the consumer's contract with the person and receive a refund for all charges and fees that the consumer paid to the person.

AB917-SA1,2a Section 2a. 196.504 (1) (ab) of the statutes, as created by 2017 Wisconsin Act 59, is renumbered 196.504 (1) (e).

AB917-SA1,2b Section 2b. 196.504 (1) (ac) of the statutes, as affected by 2017 Wisconsin Act 59, is renumbered 196.504 (1) (g), and 196.504 (1) (g) 2. and 3., as renumbered, are amended to read:

AB917-SA1,5,18 196.504 (1) (g) 2. A telecommunications utility that has not received or applied for A-CAM or phase II support.

AB917-SA1,5,20 3. A political subdivision that submits an application in partnership with an eligible applicant under subd. 1. or 2.

AB917-SA1,2c Section 2c. 196.504 (1) (ad) of the statutes, as created by 2017 Wisconsin Act 59, is renumbered 196.504 (1) (h).

AB917-SA1,2d Section 2d. 196.504 (1) (ae) of the statutes is renumbered 196.504 (1) (j).

AB917-SA1,2e Section 2e. 196.504 (1) (af) of the statutes is created to read:

AB917-SA1,6,5 196.504 (1) (af) “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.

AB917-SA1,2f Section 2f. 196.504 (1) (am) of the statutes is renumbered 196.504 (1) (k).

AB917-SA1,2g Section 2g. 196.504 (1) (b) of the statutes is renumbered 196.504 (1) (L).

AB917-SA1,2h Section 2h. 196.504 (1) (c) of the statutes, as created by 2017 Wisconsin Act 59, is repealed.

AB917-SA1,2i Section 2i. 196.504 (1) (d) of the statutes is created to read:

AB917-SA1,6,13 196.504 (1) (d) “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.

AB917-SA1,2j Section 2j. 196.504 (1) (f) of the statutes is created to read:

AB917-SA1,6,16 196.504 (1) (f) “Electric provider” means a retail electric public utility or retail electric cooperative.

AB917-SA1,2k Section 2k. 196.504 (1) (i) of the statutes is created to read:

AB917-SA1,6,21 196.504 (1) (i) “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.

AB917-SA1,2L Section 2L. 196.504 (2) (a) of the statutes, as affected by 2017 Wisconsin Act 59, is amended to read:

AB917-SA1,7,7 196.504 (2) (a) To make broadband expansion grants to eligible applicants for the purpose of constructing broadband infrastructure in underserved areas designated under par. (d) and to political subdivisions for project planning related to such construction, including broadband feasibility reports. An eligible applicant shall specify in its application for a grant the broadband infrastructure the applicant intends to construct with the grant. Grants awarded under this section shall be paid from the appropriations under s. 20.155 (3) (a), (g), (r), 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.

AB917-SA1,2m Section 2m. 196.504 (2) (c) of the statutes, as affected by 2017 Wisconsin Act 59, is amended to read:

AB917-SA1,8,2 196.504 (2) (c) To establish criteria for evaluating applications and awarding grants under this section. The criteria shall prohibit grants that have the effect of subsidizing the expenses of a provider of telecommunications service, as defined in s. 182.017 (1g) (cq), or the monthly bills of customers of those providers. The criteria shall give first priority to projects for areas in which no broadband service is available. The criteria shall give secondary priority to projects that include matching funds, that involve public-private partnerships, that affect unserved areas, that are scalable, that promote economic development, that will not result in delaying the provision of broadband service to areas neighboring areas to be served by the proposed project, or that affect a large geographic area or a large number of underserved individuals or communities. When evaluating grant applications under this section, the commission shall consider the degree to which the proposed projects would duplicate existing broadband infrastructure, information about the presence of which is provided to the commission by the applicant or another person within a time period designated by the commission; the impacts of the proposed projects on the ability of individuals to access health care services from home and the cost of those services; and the impacts of the proposed projects on the ability of students to access educational opportunities from home.

AB917-SA1,2n Section 2n. 196.504 (2) (e) of the statutes, as created by 2017 Wisconsin Act 59, is repealed.

AB917-SA1,2o Section 2o. 196.504 (2g) of the statutes is created to read:

AB917-SA1,8,10 196.504 (2g) (a) The commission shall require persons who receive grants under sub. (2) (a) to submit reports to the commission on the progress of construction activities for infrastructure specified in grant applications, the number of broadband service connections provided by that infrastructure after construction is completed, and the average download and upload speeds for those service connections.

AB917-SA1,8,13 (b) A person who receives a grant under sub. (2) (a) may not apply for a subsequent grant under sub. (2) (a) until completion of construction of the infrastructure specified in the application for the prior grant.

AB917-SA1,8,15 (c) A person who receives a grant under sub. (2) (a) shall reimburse the commission an amount equal to the grant if any of the following applies:

AB917-SA1,8,17 1. The person fails to complete construction of broadband infrastructure that is specified in the person's application under sub. (2) (a).

AB917-SA1,8,20 2. The infrastructure constructed with the grant fails to provide broadband service with an average minimum download speed of 25 megabits per second or an average minimum upload speed of 3 megabits per second.

AB917-SA1,8,25 (d) The commission shall promulgate rules for submitting reports under par. (a), determining completion of construction for purposes of par. (b), and making reimbursements under par. (c). If a person fails to make a reimbursement as required under the rules, the person is not eligible for any other grant under sub. (2) (a).

AB917-SA1,2p Section 2p. 196.504 (2r) of the statutes is created to read:

AB917-SA1,9,4 196.504 (2r) 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).

AB917-SA1,2q Section 2q. 196.504 (3) (d), (e) and (f) of the statutes are created to read:

AB917-SA1,9,8 196.504 (3) (d) Require electric providers to survey customers and members about the availability of broadband service and provide the survey results to the commission.

AB917-SA1,9,10 (e) Reimburse electric providers for the cost of conducting surveys under par. (d).

AB917-SA1,9,11 (f) Use survey results under par. (d) to improve broadband mapping.”.

AB917-SA1,9,12 4. Page 5, line 7: before that line insert:

AB917-SA1,9,14 “ Section 4m. Effective dates. This act takes effect on the day after publication, except as follows:

AB917-SA1,9,17 (1m) Broadband advertising. The treatment of sections 100.20 (1v), (5), and (6) and 100.2085 of the statutes takes effect on the first day of the 7th month beginning after publication.”.

AB917-SA1,9,18 (End)