22,117
Section
117. 196.503 of the statutes is created to read:
196.503 Telecommunications provider of last-resort obligations. (1) Definitions. In this section, "basic voice service" means the provision to residential customers of 2-way voice communication within a local calling area. "Basic voice service" includes extended community calling and extended area service. "Basic voice service" does not include the offering of Internet access service or any discretionary or optional services that are provided to a residential customer, even if provided in a bundle or package with basic voice service.
(2) Incumbent local exchange carrier obligations. (a) Notwithstanding any other provision in this chapter, and except as provided in sub. (3), an incumbent local exchange carrier shall make basic voice service available to all residential customers within a local exchange area in which it operates as an incumbent local exchange carrier.
(b) An incumbent local exchange carrier may satisfy its obligations under par. (a) through an affiliate and through the use of any available technology or mode.
(3) Waivers. (a) An incumbent local exchange carrier may apply to the commission for a waiver from compliance with sub. (2) (a) in a local exchange area.
(b) The commission shall grant a waiver requested under par. (a) for a local exchange area if any of the following is satisfied:
1. The commission finds that the incumbent local exchange carrier demonstrates that the waiver is in the public interest or that effective competition exists for basic voice service in the local exchange.
2. The commission has made a previous finding of effective competition under s. 196.195 (2), 2009 stats., for basic local exchange service in the local exchange. The commission may not grant a waiver under this subdivision until after June 1, 2012.
(c) The commission's review of a waiver requested under par. (a) shall be strictly limited to determining whether any of the criteria specified in par. (b) 1. or 2. is satisfied.
(d) 1. Within 120 days of the filing of a waiver request based on par. (b) 1., the commission shall grant or deny the request and, if denied, the commission shall issue a written decision identifying the reasons for its denial. If the commission fails to grant or deny the waiver request within 120 days of its filing, the waiver request is considered granted by operation of law.
2. The commission shall grant a waiver based on par. (b) 2. as soon as the commission verifies that the commission has previously made the finding specified in par. (b) 2., but no later than 20 days after the filing of the waiver request. If the commission fails to grant a waiver request based on par. (b) 2. within 20 days of its filing, the waiver request is considered granted by operation of law. If the commission denies a waiver based on par. (b) 2., the commission shall issue a written decision identifying the reasons for its denial.
(4) Effect on other requirements. (a) Notwithstanding any other provision of this chapter, a commission decision prior to the effective date of this paragraph .... [LRB inserts date], eliminating an incumbent local exchange carrier's provider of last-resort obligations, by operation of law or otherwise, remains in force and in effect as to the elimination of those obligations.
(b) Except to enforce this section, nothing in this section provides the commission with any authority to regulate, or any jurisdiction over, incumbent local exchange carriers and the rates, terms, and conditions of their services that the commission does not otherwise have under this chapter.
(5) Sunset. This section does not apply after April 30, 2013.
22,118
Section
118. 196.52 (3) (b) 1. of the statutes is amended to read:
196.52 (3) (b) 1. The requirement for written approval under par. (a) shall not apply to any contract or arrangement if the amount of consideration involved is not in excess of $25,000 or 5% of the equity of the public utility, whichever is smaller. The requirement under par. (a) also does not apply to a telecommunications utility contract or arrangement or to contracts or arrangements with joint local water authorities under s. 66.0823. Regularly recurring payments under a general or continuing arrangement which aggregate a greater annual amount may not be broken down into a series of transactions to come within the exemption under this paragraph. Any transaction exempted under this paragraph shall be valid or effective without commission approval under this section.
22,119
Section
119. 196.52 (3) (c) (intro.) of the statutes is amended to read:
196.52 (3) (c) (intro.) If the value of a contract or arrangement between an affiliated interest and a public utility, other than a telecommunications utility, exceeds $1,000,000, the commission:
22,120
Section
120. 196.52 (5) (a) of the statutes is renumbered 196.52 (5).
22,121
Section
121. 196.52 (5) (b) of the statutes is repealed.
22,122
Section
122. 196.52 (6) of the statutes is amended to read:
196.52 (6) If the commission finds upon investigation that a public utility, other than a telecommunications utility, is giving effect to a contract or arrangement without the commission's approval under this section, the commission shall issue a summary order directing that public utility to cease and desist from making any payments, receiving compensation, providing any service or otherwise giving any effect to the contract or arrangement until the contract or arrangement receives the approval of the commission. The circuit court of Dane County may enforce the order to cease and desist by appropriate process, including the issuance of a preliminary injunction, upon the suit of the commission.
22,123
Section
123. 196.52 (9) (e) of the statutes is amended to read:
196.52 (9) (e) Notwithstanding sub. (5) (a), the commission may not modify or terminate a leased generation contract approved under sub. (3) except as specified in the leased generation contract or the commission's order approving the leased generation contract.
22,124
Section
124. 196.60 (1) (a) of the statutes is amended to read:
196.60 (1) (a) Except as provided under sub. (2), no No public utility and no agent, as defined in s. 196.66 (3) (a), or officer of a public utility, directly or indirectly, may charge, demand, collect or receive from any person more or less compensation for any service rendered or to be rendered by it in or affecting or relating to the production, transmission, delivery or furnishing of heat, light, water, telecommunications service or power or for any service in connection therewith, than that prescribed in the published schedules or tariffs then in force, or established under this chapter, or than it charges, demands, collects or receives from any other person for a like contemporaneous service.
22,125
Section
125. 196.60 (2) of the statutes is repealed.
22,126
Section
126. 196.604 of the statutes is amended to read:
196.604 Rebates, concessions and discriminations unlawful. No person may knowingly solicit, accept or receive any rebate, concession or discrimination from a public utility for any service in or affecting or relating to the production, transmission, delivery or furnishing of heat, light, water or power or the conveying of telecommunications messages within this state or for any connected service whereby the service is rendered or is to be rendered free or at a rate less than the rate named in the schedules and tariffs in force, or whereby any other service or advantage is received. Any person violating this section shall be fined not less than $50 nor more than $5,000 for each offense.
22,127
Section
127. 196.77 of the statutes is repealed.
22,128
Section
128. 196.79 (1) of the statutes is renumbered 196.79 and amended to read:
196.79 Reorganization subject to commission approval. Except as provided in sub. (2), the
The reorganization of any public utility shall be subject to the supervision and control of the commission. No reorganization may take effect without the written approval of the commission. The commission may not approve any plan of reorganization unless the applicant for approval establishes that the plan of reorganization is consistent with the public interest.
22,129
Section
129. 196.79 (2) of the statutes is repealed.
22,130
Section
130. 196.805 of the statutes is repealed.
22,131
Section
131. 196.81 (3) of the statutes is amended to read:
196.81 (3) This section does not apply to a service discontinuance by a telecommunications public utility that is a telecommunications provider.
22,132
Section
132. 196.975 (1) of the statutes is renumbered 196.975 (1r) and amended to read:
196.975 (1r) One hundred fifty or more consumers, as defined in s. 196.213 (1) (a) 1., who are residents of the same local exchange area for telecommunications service may file with the commission a petition requesting that commission staff, in cooperation with the affected telecommunications utilities and telecommunications carriers, petition the appropriate federal district court to include their local exchange area in a different local access and transport area. The petitioners shall include with the petition information explaining why the current boundaries of the local access and transport area which includes their local exchange area does not adequately reflect areas of common social, economic and other concerns.
22,133
Section
133. 196.975 (1g) of the statutes is created to read:
196.975 (1g) In this section, "consumer" means a person billed for one or more local telecommunications service access lines not to exceed one person per access line. A person billed for more than one access line may not be considered a consumer for each access line for which he or she is billed.
22,134
Section
134. 196.975 (2) of the statutes is amended to read:
196.975 (2) After receiving a petition under sub.
(1) (1r), the commission shall schedule a public hearing, to be held in the local exchange area of the petitioners, serving to receive testimony on the contents of the petition and any other matters deemed relevant by the commission. The commission shall publish a class 1 notice under ch. 985 in a newspaper serving the local exchange area at least 20 days prior to the hearing.
22,135
Section
135. 201.01 (2) of the statutes is amended to read:
201.01 (2) "Public service corporation" means and embraces every corporation, except municipalities and other political subdivisions, which is a public utility as defined in s. 196.01, and every corporation which is a water carrier as defined in s. 195.02, but shall not include a public utility corporation receiving an annual gross revenue of less than $1,000 for the calendar year next preceding the issuance of any securities by it. "Public service corporation" includes a holding company, as defined under s. 196.795 (1) (h), which is a public utility, as defined under s. 196.01 (5). "Public service corporation" does not include a telecommunications utility provider, as defined in s. 196.01 (10) (8p). "Public service corporation" does not include any other holding company unless the holding company was formed after November 28, 1985, and unless the commission has determined, under s. 196.795 (7) (a), that each nonutility affiliate, as defined under s. 196.795 (1) (j), does not and cannot reasonably be expected to do at least one of the items specified in s. 196.795 (7) (a). "Public service corporation" does not include a company, as defined in s. 196.795 (1) (f), which owns, operates, manages or controls a telecommunications utility provider, as defined in s. 196.01 (10) (8p), unless such company also owns, operates, manages or controls a public utility which is not a telecommunications utility provider. "Public service corporation" does not include a transmission company, as defined in s. 196.485 (1) (ge).
22,136
Section
136. 201.15 of the statutes is repealed.
22,137
Section
137. 943.45 (1) (intro.) of the statutes is amended to read:
943.45 (1) (intro.) No person may intentionally obtain or attempt to obtain telecommunications service, as defined in s. 196.01 (9m) 182.017 (1g) (cq), by any of the following means:
22,138
Section
138.
Nonstatutory provisions.
(1) In this Section:
(a) "Alternative telecommunications utility" has the meaning given in section 196.01 (1d) of the statutes, as affected by this act.
(b) "Commission" means the public service commission.
(c) "Price-regulated telecommunications utility" means a telecommunications utility that elected to become a price-regulated telecommunications utility under section 196.196 (1) or (4), 2009 stats.
(d) "Telecommunications utility" has the meaning given in section 196.01 (10) of the statutes.
(2) Except as provided in section 196.195 of the statutes, as affected by this act, and section 196.219 (2r) of the statutes, as created by this act, on the effective date of this subsection, any requirement imposed by the commission under section 196.195 (5), 2009 stats., or section 196.196, 2009 stats., whether by statute or commission rule or order, on a price-regulated telecommunications utility is terminated.
(3) Except as provided in section 196.219 (2r) of the statutes, as created by this act, on the effective date of this subsection, any requirement imposed on a telecommunications utility or alternative telecommunications utility under section 196.203, 2009 stats., or section 196.50, 2009 stats., whether by statute or commission rule or order, that is inconsistent with sections 196.203 or 196.50 (2) of the statutes, as affected by this act, is terminated.
