LRB-4135/1
MDK:ahe
2017 - 2018 LEGISLATURE
October 9, 2017 - Introduced by Senators Vinehout, Bewley, Wirch, Miller and
Carpenter, cosponsored by Representatives Considine, Subeck, Pope,
Berceau and Ohnstad. Referred to Committee on Elections and Utilities.
SB426,1,4 1An Act to repeal 196.503 (3) and 196.503 (5); to amend 196.503 (2) (a) and
2196.503 (2) (b); and to create 196.503 (2) (c) and 196.503 (6) of the statutes;
3relating to: provider of last resort obligations of certain telecommunications
4providers.
Analysis by the Legislative Reference Bureau
This bill requires a telecommunications provider that is an incumbent local
exchange carrier (ILEC) under federal law to comply with requirements regarding
the availability of basic voice service. Under current law, until April 30, 2013, an
ILEC was required to make basic voice service available to all residential customers
within the local exchange area in which the telecommunications provider operated
as an ILEC, and allowed an ILEC to satisfy that requirement through an affiliate or
through the use of any available technology or mode. However, an ILEC was allowed
to apply to the Public Service Commission for a waiver from compliance with that
requirement and the PSC was required to grant the waiver if certain requirements
were satisfied. Also, if the PSC failed to act on the application within specified
deadlines, the waiver was considered granted by operation of law. Current law
specifies a sunset date of April 30, 2013, on which all of the foregoing no longer apply.
This bill eliminates that sunset date. As a result, under the bill, except as
described as follows, the foregoing requirements apply to an ILEC. The bill also
makes the following changes to those requirements. First, instead of requiring an
ILEC to make basic voice service available to residential customers within a local
exchange area, the bill requires an ILEC to make such service effectively available

to such customers. Second, the bill eliminates the PSC's authority to grant waivers,
but exempts from the bill's requirements an ILEC that was granted a waiver before
that sunset date, or for whom a waiver was considered granted by operation of law
before that sunset date. Finally, the bill allows the PSC to investigate whether an
ILEC has complied with the bill's requirements and allows the PSC to order an ILEC
to comply through the use of any technology or mode that the PSC determines is
necessary to ensure that basic voice service is effectively available to all residential
customers in a local exchange area.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB426,1 1Section 1. 196.503 (2) (a) of the statutes is amended to read:
SB426,2,52 196.503 (2) (a) Notwithstanding any other provision in this chapter, and except
3as provided in sub. (3) par. (c), an incumbent local exchange carrier shall make basic
4voice service effectively available to all residential customers within a local exchange
5area in which it operates as an incumbent local exchange carrier.
SB426,2 6Section 2. 196.503 (2) (b) of the statutes is amended to read:
SB426,2,97 196.503 (2) (b) An Except as provided in an order under sub. (6), an incumbent
8local exchange carrier may satisfy its obligations under par. (a) through an affiliate
9and through the use of any available technology or mode.
SB426,3 10Section 3. 196.503 (2) (c) of the statutes is created to read:
SB426,2,1411 196.503 (2) (c) Paragraph (a) does not apply to an incumbent local exchange
12carrier granted a waiver for a local exchange area under s. 196.503 (3), 2015 stats.,
13or for whom a waiver for a local exchange area was considered granted by operation
14of law under s. 196.503 (3), 2015 stats.
SB426,4 15Section 4. 196.503 (3) of the statutes is repealed.
SB426,5 16Section 5. 196.503 (5) of the statutes is repealed.
SB426,6 17Section 6. 196.503 (6) of the statutes is created to read:
SB426,3,8
1196.503 (6) Enforcement. The commission may, in response to a complaint or
2on its own motion, investigate whether an incumbent local exchange carrier has
3complied with sub. (2) (a). If the commission determines that an incumbent local
4exchange carrier has not complied with sub. (2) (a), the commission shall order the
5incumbent local exchange carrier to comply with sub. (2) (a) through the use of any
6technology or mode that the commission determines is necessary to ensure that basic
7voice service is effectively available to all residential customers in a local exchange
8area.
SB426,3,99 (End)
Loading...
Loading...