2023 WISCONSIN ACT 77
An Act to repeal 13.48 (30) (a) 1., 196.504 (1) (b) and 196.504 (2) (d); to renumber and amend 196.504 (1) (c) 2. and 196.504 (2) (c); to consolidate, renumber and amend 13.48 (30) (a) (intro.) and 2.; to amend 13.48 (30) (b), 24.40 (3), 86.16 (6), 196.504 (2) (a) and 196.504 (3) (intro.); and
to create 196.504 (1) (c) 2. b., 196.504 (1) (c) 3., 196.504 (2) (c) 1. g. and h., 196.504 (2) (c) 2. d. and 196.504 (2t) of the statutes; relating to: the broadband expansion grant program.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
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Section
1. 13.48 (30) (a) (intro.) and 2. of the statutes are consolidated, renumbered 13.48 (30) (a) and amended to read:
13.48 (30) (a) In this section: 2. “Unserved, “unserved area” has the meaning given in s. 196.504 (1) (c).
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Section
2. 13.48 (30) (a) 1. of the statutes is repealed.
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3. 13.48 (30) (b) of the statutes is amended to read:
13.48 (30) (b) The legislature finds and determines that the provision of broadband Internet access is essential to the welfare of the citizens of this state and to economic development in this state, and therefore the provision of broadband Internet access is a government function and a statewide responsibility of statewide dimension. The legislature further determines that sufficient private capital has been and continues to be unavailable to fulfill the need for the development of broadband Internet access in underserved and unserved areas in this state. It is therefore in the public interest, and it is the public policy of this state, to assist the public service commission in making broadband expansion grants under s. 196.504 (2) (a) for the purpose of constructing broadband infrastructure in underserved and unserved areas of this state.
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Section 4
. 24.40 (3) of the statutes is amended to read:
24.40 (3) Notwithstanding s. 28.02 (5) or any contrary rule promulgated by the department, if the department grants an easement under sub. (1r) for the construction of broadband infrastructure in underserved
unserved areas, as designated under s. 196.504 (2) (d)
(e), the department may not require any appraisal or the payment of any fee to grant the easement.
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Section 5
. 86.16 (6) of the statutes is amended to read:
86.16 (6) If the department consents under sub. (1) to the construction of broadband infrastructure in underserved unserved areas, as designated under s. 196.504 (2) (d) (e), the department may not charge any fee for the initial issuance of any permit necessary to construct broadband infrastructure along, across, or within the limits of a highway.
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Section 6
. 196.504 (1) (b) of the statutes is repealed.
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Section
7. 196.504 (1) (c) 2. of the statutes is renumbered 196.504 (1) (c) 2. a. and amended to read:
196.504 (1) (c) 2. a. Provided at actual speeds of at least 20 percent of the upload and download speeds for advanced telecommunications capability as designated by the federal communications commission in its inquiries regarding advanced telecommunications capability under 47 USC 1302 (b) download speeds of 100 megabits per second or greater and upload speeds of 20 megabits per second or greater.
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8. 196.504 (1) (c) 2. b. of the statutes is created to read:
196.504 (1) (c) 2. b. Beginning on July 1 of the 2nd calendar year beginning after the effective date of this subd. 2. b. .... [LRB inserts date], and on July 1 of each successive odd-numbered year thereafter, the commission may, by rule, adjust the threshold speeds designated in subd. 2. a. if, upon review, it determines there is good cause to do so in order to align with changes in technology and actual market conditions. If the commission adjusts these threshold speeds, it shall publicize the adjusted speed thresholds on its website.
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Section
9. 196.504 (1) (c) 3. of the statutes is created to read:
196.504 (1) (c) 3. Available and reliable.
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Section 10
. 196.504 (2) (a) of the statutes, as affected by 2021 Wisconsin Act 58, is amended to read:
196.504 (2) (a) To make broadband expansion grants to eligible applicants for the purpose of constructing broadband infrastructure in underserved unserved areas designated under par. (d) (e). Grants awarded under this section shall be paid from the appropriations under ss. 20.155 (3) (r) and (rm) and 20.866 (2) (z), in the amount allocated under s. 20.866 (2) (z) 5.
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Section 11
. 196.504 (2) (c) of the statutes is renumbered 196.504 (2) (c) 1. (intro.) and amended to read:
196.504 (2) (c) 1. (intro.) To establish criteria for evaluating applications and awarding grants under this section, which shall require applicants to participate in the federal communications commission's affordable connectivity program or any federally mandated successor program. 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 priority to
projects all of the following:
a. Projects that include at least 25 percent matching funds, and shall give higher priority to projects with more than 25 percent matching funds.
b. Projects that involve public-private partnerships
, that affect unserved areas,.
c. Projects that are scalable,
.
d. Projects that promote economic development
,.
e. Projects that will not result in delaying the provision of broadband service to areas neighboring areas to be served by the proposed project, or.
f. Projects that affect a large geographic area that is difficult to connect or a large number of underserved unserved individuals or communities.
2. When evaluating grant applications under this section, the commission shall consider the all of the following:
a. 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.
b. 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.
c. The impacts of the proposed projects on the ability of students to access educational opportunities from home.
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Section 12. 196.504 (2) (c) 1. g. and h. of the statutes are created to read:
196.504 (2) (c) 1. g. Projects designed to provide fiber optic Internet service directly to the end user in geographic areas where the cost to deploy fiber optic Internet is below the extremely high cost per location threshold established by this state for the purpose of being eligible for federal funding under the broadband equity, access, and deployment program authorized under 47 USC 1702.
h. Projects that affect a geographic area that has actual download speeds of 25 megabits per second or lower and upload speeds of 3 megabits per second or lower.
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13. 196.504 (2) (c) 2. d. of the statutes is created to read:
196.504 (2) (c) 2. d. Whether the applicant offers a low-cost broadband service option in order to be eligible for funding under the broadband equity, access, and deployment program administered by the federal department of commerce or participates in the federal communications commission's affordable connectivity program or any federally mandated successor program.
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Section 14
. 196.504 (2) (d) of the statutes is repealed.
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Section 15
. 196.504 (2t) of the statutes is created to read:
196.504 (2t) (a) Within 10 days of the close of the broadband expansion grant application process, the commission shall publish on its website the proposed geographic broadband service area and the proposed broadband service speeds for each application for a broadband expansion grant submitted.
(b) An Internet service provider in or proximate to the proposed project area may, within 30 days of publication of the information under par. (a), submit in writing to the commission a challenge to an application. A challenge shall contain information demonstrating one of the following:
1. The provider currently provides available and reliable fixed wireless or wired broadband service to the proposed project area at download speeds of 100 megabits per second or greater and upload speeds of 20 megabits per second or greater.
2. The provider commits to complete construction of broadband infrastructure and to provide available and reliable fixed wireless or wired broadband service to the proposed project area at speeds equal to or greater than the speeds described under subd. 1. no later than 24 months after the date of the commission's order awarding broadband expansion grants. The provider shall submit documentation showing this commitment to the satisfaction of the commission, which may include engineering plans, invoices related to project materials, permit applications, and a project timeline.
(c) The commission shall evaluate an Internet service provider's challenge under this subsection, and is prohibited from funding any portion of a project relating to the area that is the subject of the challenge if the commission determines that the challenger's provision of or commitment to provide broadband service that meets the requirements of par. (b) in that area is credible.
(d) If the commission denies funding to an applicant as a result of an Internet service provider's challenge made under this subsection and the Internet service provider does not fulfill its commitment to provide available and reliable broadband service in the area that is the subject of the challenge, the commission is prohibited from awarding grant funding to that Internet service provider for the following 2 grant cycles and that Internet service provider is prohibited from participating in the challenge process under par. (b) for the following 2 grant cycles, unless the commission determines that the Internet service provider's failure to fulfill its commitment was the result of factors beyond the Internet service provider's control. The commission shall give priority scoring treatment to an application targeting a grant project area that remains unserved as a result of a successful challenge and an unfulfilled commitment.
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Section 16
. 196.504 (3) (intro.) of the statutes is amended to read:
196.504 (3) (intro.) The commission shall encourage the development of broadband infrastructure in underserved unserved areas of the state and do all of the following:
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Section 16m.
Nonstatutory provisions.
(1) Broadband expansion grant program. The provisions of the broadband expansion grant program under s. 196.504 do not apply to any grant program created with federal funding received under the broadband equity, access, and deployment program authorized under 47 USC 1702.
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17.
Initial applicability.
(1) Broadband expansion grant program. This act first applies to an application for a broadband expansion grant submitted pursuant to s. 196.504 during the grant application period that begins after the effective date of this subsection.
