1997 Wisconsin Act 218

218,45 Section 45 . 196.44 (2) (a) of the statutes is amended to read:

196.44 (2) (a) Upon request of the commission, the attorney general or the district attorney of the proper county shall aid in any investigation, hearing or trial had under this chapter, and shall institute and prosecute all necessary actions or proceedings for the enforcement of all laws relating to public utilities or telecommunications providers, and for the punishment of all violations.

218,46 Section 46 . 196.499 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 196.499 (1) (intro.) and amended to read:

196.499 (1) Scope. (intro.) Notwithstanding any other provisions of this chapter, a telecommunications carrier is not subject to regulation under this chapter, except that a under each of the following provisions:

(a) A telecommunications carrier shall comply with the requirements of this section,.

(b) A telecommunications carrier shall be treated under ss. 196.209, 196.218 (8) and 196.219 (4d) as a telecommunications provider,.

(c) A telecommunications carrier shall be treated under s. 196.85 as a telecommunications utility and .

(d) A telecommunications carrier shall be treated under s. 196.858 as an interexchange telecommunications utility,.

(e) A telecommunications carrier may be assessed under s. 196.218 (3) as a telecommunications provider and shall respond, subject to the protection of the telecommunications carrier's competitive information, to all reasonable requests for information about its operations in this state from the commission necessary to administer the universal service fund. A telecommunications carrier may not be assessed in a manner that is inconsistent with this section paragraph.

218,47 Section 47 . 196.499 (1) (f) of the statutes is created to read:

196.499 (1) (f) For purposes of enforcing s. 196.209, 196.218 (3) or (8), 196.219, 196.85 or 196.858, or for purposes of approving or enforcing an interconnection agreement to which a telecommunications carrier is a party, a telecommunications carrier shall be subject to ss. 196.02 (3), 196.32, 196.33, 196.39, 196.395, 196.40, 196.41, 196.43, 196.44 (3) and 196.48 and be treated as a party to the agreement under ss. 196.199 and 196.26, as a public utility under ss. 196.02 (5) and (6), 196.14, 196.24, 196.44 (2) (a), 196.66 and 196.85 (1) and as a telecommunications provider under ss. 196.25 (3) and 196.65 (3).

218,47g Section 47g. 943.455 (title) of the statutes is amended to read:

943.455 (title) Theft of cellular telephone commercial mobile service.

218,47r Section 47r. 943.455 (1) (a) of the statutes is amended to read:

943.455 (1) (a) “Cellular telephone Commercial mobile service" means any telecommunications service commercial mobile service, as defined in s. 196.01 (2i), that is provided by a company over a cellular telephone system for payment.

218,48 Section 48 . 943.455 (1) (b) of the statutes is amended to read:

943.455 (1) (b) “Company" means a cellular commercial mobile radio telecommunications utility service provider, as defined in s. 196.202 (1) 196.01 (2g).

218,48g Section 48g. 943.455 (2) (a), (b), (c) and (f) of the statutes are amended to read:

943.455 (2) (a) Obtain or attempt to obtain cellular telephone commercial mobile service from a company by trick, artifice, deception, use of an illegal device or other fraudulent means with the intent to deprive that company of any or all lawful compensation for rendering each type of service obtained. The intent required for a violation of this paragraph may be inferred from the presence on the property and in the actual possession of the defendant of a device not authorized by the company, the major purpose of which is to permit reception of cellular telephone commercial mobile services without payment. This inference is rebutted if the defendant demonstrates that he or she purchased that device for a legitimate use.

(b) Give technical assistance or instruction to any person in obtaining or attempting to obtain any cellular telephone commercial mobile service without payment of all lawful compensation to the company providing that service. This paragraph does not apply if the defendant demonstrates that the technical assistance or instruction was given for a legitimate purpose.

(c) Maintain an ability to connect, whether physical, electronic, by radio wave or by other means, with any facilities, components or other devices used for the transmission of cellular telephone commercial mobile services for the purpose of obtaining cellular telephone commercial mobile service without payment of all lawful compensation to the company providing that service. The intent required for a violation of this paragraph may be inferred from proof that the cellular telephone commercial mobile service to the defendant was authorized under a service agreement with the defendant and has been terminated by the company and that thereafter there exists in fact an ability to connect to the company's cellular telephone commercial mobile service system.

(f) Manufacture, import into this state, distribute, publish, advertise, sell, lease or offer for sale or lease any device or any plan or kit for a device designed to receive cellular telephone commercial mobile services offered for sale by a company, whether or not the services are encoded, filtered, scrambled or otherwise made unintelligible, with the intent that that device, plan or kit be used for obtaining a company's services without payment. The intent required for a violation of this paragraph may be inferred from proof that the defendant has sold, leased or offered for sale or lease any device, plan or kit for a device in violation of this paragraph and during the course of the transaction for sale or lease the defendant expressly states or implies to the buyer that the product will enable the buyer to obtain cellular telephone commercial mobile service without charge.

218,48m Section 48m. 943.455 (5) of the statutes is amended to read:

943.455 (5) Exception. This section does not affect the use by a person of cellular telephone commercial mobile services if the services have been paid for.

218,49 Section 49 . 968.27 (14) (d) of the statutes is amended to read:

968.27 (14) (d) Transmitted over a communication system provided by a common carrier, including a cellular commercial mobile radio telecommunications utility service provider, as defined in s. 196.202 (1) 196.01 (2g), unless the communication is a tone-only paging system communication.

218,50 Section 50 . Nonstatutory provisions.

(1) The public service commission shall submit in proposed form the rules required under section 196.199 (2) (c) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than November 1, 1998.

(2m) The public service commission shall study the feasibility and desirability of enforcing interconnection agreements, that are subject to the approval of the public service commission under 47 USC 252 (e), to which a commercial mobile radio service provider, as defined in section 196.01 (2g) of the statutes, as created by this act, is a party in the same manner as interconnection agreements to which such a provider is not a party. The commission shall submit a report on the results of the study and any recommended proposals for legislation to the legislature in the manner provided in section 13.172 (2) of the statutes no later than January 1, 2000.

218,50m Section 50m.0 Initial applicability.

(1m) The treatment of section 943.455 (1) (a), (2) (a), (b), (c) and (f) and (5) of the statutes first applies to offenses committed on the effective date of this subsection.

(2m) The treatment of section 968.27 (14) (d) of the statutes first applies to radio communications transmitted on the effective date of this subsection.

218,51 Section 51 . Effective date.

(1) This act takes effect on January 1, 1999.