LRBs0631/1
MDK:kmg&kaf:ch
1997 - 1998 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1997 ASSEMBLY BILL 615
March 18, 1998 - Offered by Joint committee on Information Policy.
AB615-ASA1,2,2 1An Act to repeal 196.01 (1d) (d), 196.01 (5m), 196.202 (1) and 196.219 (2m) (b);
2to renumber 196.205; to renumber and amend 196.202 (2), 196.219 (1),
3196.219 (2m) (a), 196.219 (4m), 196.26 (1) and 196.499 (1); to amend 146.70 (1)
4(cm), 146.70 (2) (h) and (i), 196.01 (1g), 196.01 (5), 196.01 (8m), 196.202 (title),
5196.202 (5), 196.219 (2) (a), 196.219 (2) (d), 196.219 (3) (intro.) and (a), 196.219
6(3) (e), 196.219 (3) (em), 196.219 (3) (f), 196.219 (3) (h), 196.219 (3) (m), 196.219
7(4), 196.219 (5), 196.26 (1m), 196.26 (2) (a), 196.26 (2) (b), 196.28 (3), 196.44 (2)
8(a), 943.455 (1) (b) and 968.27 (14) (d); and to create 196.01 (2g), 196.01 (2i),
9196.199, 196.202 (2) (a), 196.205 (2), 196.215 (2d), 196.215 (2m) (e), 196.219 (1)
10(b), 196.219 (4m) (b), 196.26 (1) (a) 2. and 3., 196.26 (1) (b), 196.26 (4) (c), 196.43
11(3) and 196.499 (1) (f) of the statutes; relating to: enforcement of
12interconnection agreements by the public service commission, protections for

1users of certain telecommunications services, granting rule-making authority
2and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB615-ASA1, s. 1 3Section 1. 146.70 (1) (cm) of the statutes is amended to read:
AB615-ASA1,2,54 146.70 (1) (cm) "Cellular Commercial mobile radio telecommunications utility
5service provider" has the meaning given in s. 196.202 (1) 196.01 (2g).
AB615-ASA1, s. 2 6Section 2. 146.70 (2) (h) and (i) of the statutes are amended to read:
AB615-ASA1,2,107 146.70 (2) (h) A cellular commercial mobile radio telecommunications utility,
8service provider shall permit a user of the utility provider to access a basic or
9sophisticated system if the utility provider operates within the boundaries of a
10system.
AB615-ASA1,2,1511 (i) If a user reaches a basic or sophisticated system through a cellular
12commercial mobile radio telecommunications utility service provider and the service
13requested is to be provided outside of the jurisdiction served by the system, the public
14agency operating the system shall transfer the request for services to the appropriate
15jurisdiction.
AB615-ASA1, s. 3 16Section 3. 196.01 (1d) (d) of the statutes is repealed.
AB615-ASA1, s. 4 17Section 4. 196.01 (1g) of the statutes is amended to read:
AB615-ASA1,3,418 196.01 (1g) "Basic local exchange service" means the provision to residential
19customers of an access facility, whether by wire, cable, fiber optics or radio, and
20essential usage within a local calling area for the transmission of high-quality
212-way interactive switched voice or data communication. "Basic local exchange
22service" includes extended community calling and extended area service. "Basic
23local exchange service" does not include additional access facilities or any

1discretionary or optional services that may be provided to a residential customer.
2"Basic local exchange service" does not include cable television service or services
3provided by a cellular commercial mobile radio telecommunications utility or any
4other mobile radio telecommunications utility
service provider.
AB615-ASA1, s. 5 5Section 5. 196.01 (2g) of the statutes is created to read:
AB615-ASA1,3,86 196.01 (2g) "Commercial mobile radio service provider" means a
7telecommunications provider that is authorized by the federal communications
8commission to provide commercial mobile service.
AB615-ASA1, s. 6 9Section 6. 196.01 (2i) of the statutes is created to read:
AB615-ASA1,3,1110 196.01 (2i) "Commercial mobile service" has the meaning given in 47 USC 332
11(d).
AB615-ASA1, s. 7 12Section 7. 196.01 (5) of the statutes is amended to read:
AB615-ASA1,4,813 196.01 (5) "Public utility" means every corporation, company, individual,
14association, their lessees, trustees or receivers appointed by any court, and every
15sanitary district, town, village or city that may own, operate, manage or control any
16toll bridge or all or any part of a plant or equipment, within the state, for the
17production, transmission, delivery or furnishing of heat, light, water or power either
18directly or indirectly to or for the public. "Public utility" does not include a
19cooperative association organized under ch. 185 for the purpose of producing or
20furnishing heat, light, power or water to its members only. "Public utility" includes
21any person engaged in the transmission or delivery of natural gas for compensation
22within this state by means of pipes or mains and any person, except a governmental
23unit, who furnishes services by means of a sewerage system either directly or
24indirectly to or for the public. "Public utility" includes a telecommunications utility.
25"Public utility" does not include a holding company, as defined in s. 196.795 (1) (h),

1unless the holding company furnishes, directly to the public, telecommunications or
2sewer service, heat, light, water or power or, by means of pipes or mains, natural gas.
3"Public utility" does not include any company, as defined in s. 196.795 (1) (f), which
4owns, operates, manages or controls a telecommunications utility unless the
5company furnishes, directly to the public, telecommunications or sewer service, heat,
6light, water or power or, by means of pipes or mains, natural gas. "Public utility" does
7not include a cellular commercial mobile radio telecommunications utility service
8provider
.
AB615-ASA1, s. 8 9Section 8. 196.01 (5m) of the statutes is repealed.
AB615-ASA1, s. 9 10Section 9. 196.01 (8m) of the statutes is amended to read:
AB615-ASA1,4,1711 196.01 (8m) "Telecommunications carrier" means any person that owns,
12operates, manages or controls any plant or equipment used to furnish
13telecommunications services within the state directly or indirectly to the public but
14does not provide basic local exchange service, except on a resale basis.
15"Telecommunications carrier" does not include an alternative telecommunications
16utility, or a cellular commercial mobile radio telecommunications utility or any other
17mobile radio telecommunications utility
service provider.
AB615-ASA1, s. 10 18Section 10. 196.199 of the statutes is created to read:
AB615-ASA1,4,21 19196.199 Interconnection agreements. (1) Definition. In this section,
20"interconnection agreement" means an interconnection agreement that is subject to
21approval by the commission under 47 USC 252 (e).
AB615-ASA1,4,24 22(2) Commission powers. (a) The commission has jurisdiction to approve and
23enforce interconnection agreements and may do all things necessary and convenient
24to its jurisdiction.
AB615-ASA1,5,2
1(b) The commission may promulgate rules that require an interconnection
2agreement to include alternate dispute resolution provisions.
AB615-ASA1,5,73 (c) The commission shall promulgate rules that specify the requirements for
4determining under sub. (3) (a) 1m. a. whether a party's alleged failure to comply with
5an interconnection agreement has a significant adverse effect on the ability of
6another party to the agreement to provide telecommunications service to its
7customers or potential customers.
AB615-ASA1,5,10 8(3) Enforcement. (a) 1. Upon the filing of any of the following, the commission
9may investigate whether a party to an interconnection agreement approved by the
10commission has failed to comply with the agreement:
AB615-ASA1,5,1411 a. A complaint by a party to the agreement that another party to the agreement
12has failed to comply with the agreement and that the failure to comply with the
13agreement has a significant adverse effect on the ability of the complaining party to
14provide telecommunications service to its customers or potential customers.
AB615-ASA1,5,1715 b. A complaint filed under any provision of this chapter by any person that the
16commission determines may involve a failure to comply with the agreement by a
17party to the agreement.
AB615-ASA1,6,318 1g. The commission may investigate whether a party to an interconnection
19agreement approved by the commission has complied with the agreement upon the
20filing of a petition by the party for a determination of whether the party has complied
21with the agreement if the petition demonstrates that a controversy has arisen over
22the party's compliance with the agreement. If the commission initiates an
23investigation under this subdivision, the commission may determine that a party to
24an interconnection agreement has failed to comply with the agreement only if a
25complaint is filed under subd. 1. a. in which the complaining party alleges that the

1party's failure to comply with the agreement has a significant adverse affect on the
2complaining party's ability to provide telecommunications service to its customers
3or potential customers.
AB615-ASA1,6,124 1m. a. Within 5 business days after the filing of a complaint under subd. 1. a.
5or the receipt of notice under par. (b) 1. b., the party who is the subject of a complaint
6or the party who is identified in a notice under par. (b) 1. b. as a party who has
7allegedly failed to comply with an agreement may request that the commission
8determine whether the alleged failure to comply has a significant adverse effect on
9the ability of the complaining party or any other party to the agreement to provide
10telecommunications service to its customers or potential customers. If a request is
11made under this subd. 1m. a., the commission shall make a determination within 30
12business days after receipt of the request.
AB615-ASA1,6,1713 b. If the commission determines under subd. 1m. a. that an alleged failure to
14comply has not had a significant adverse effect on the ability of a complaining party
15or any other party to an agreement to provide telecommunications service to its
16customers or potential customers, the commission shall terminate a proceeding on
17the complaint under this subsection and proceed on the complaint under s. 196.26.
AB615-ASA1,6,2018 2. If the commission does not terminate a proceeding under subd. 1m. b., the
19commission may, after an investigation under subd. 1. or 1g. and after notice and
20hearing, do one of the following:
AB615-ASA1,6,2321 a. Issue an order under this subd. 2. a. that includes a finding of a failure to
22comply with an interconnection agreement and that requires compliance with the
23agreement.
AB615-ASA1,6,2524 b. Issue an order that interprets any provision of an interconnection
25agreement.
AB615-ASA1,7,3
1c. If the commission determines that a party specified in subd. 1g. has complied
2with an agreement, issue an order requiring any other action that the commission
3determines is necessary to resolve a controversy specified in subd. 1g.
AB615-ASA1,7,74 2n. The commission may not issue an order under subd. 2. more than 120 days
5after the filing of a complaint or petition under subd. 1. or 1g., unless all of the parties
6to the proceeding consent to a longer time period that is approved by the commission.
7An order issued under subd. 2. may be reviewed under s. 227.52.
AB615-ASA1,7,128 (b) 1. Before initiating an investigation of a complaint specified in par. (a) 1. b.,
9the commission shall notify the parties to the agreement about the complaint.
10Within 5 business days after the parties receive notice under this subdivision, or
11within a shorter period of time specified by the commission in the notice, the
12commission shall do one of the following:
AB615-ASA1,7,1513 a. If the alleged failure to comply is resolved to the satisfaction of the
14commission, the commission shall dismiss the complaint with respect to any issues
15that involve an alleged failure to comply.
AB615-ASA1,7,1816 b. If the alleged failure to comply is not resolved to the satisfaction of the
17commission, the commission shall provide a notice to the parties that identifies the
18party who has allegedly failed to comply with the agreement.
AB615-ASA1,8,219 2. No party to an interconnection agreement may file a complaint under par.
20(a) 1. a. or a petition under par. (a) 1g. unless the party has first notified the other
21parties to the agreement and provided an opportunity to resolve the alleged failure
22to comply or controversy over compliance to the satisfaction of the complaining or
23petitioning party within 5 business days, or a shorter period of time approved by the
24commission, after receipt of the notice. The commission shall promulgate rules

1establishing standards and procedures for approving a period of time shorter than
25 business days.
AB615-ASA1,8,73 (c) No person may make any filing in a proceeding under this subsection unless
4there is a nonfrivolous basis for doing so. A person may not make any filing in a
5proceeding under this subsection unless, to the best of the person's knowledge,
6information and belief, formed after a reasonable inquiry, all of the following
7conditions are satisfied:
AB615-ASA1,8,88 1. The filing is reasonably supported by applicable law.
AB615-ASA1,8,119 2. The allegations and other factual contentions in the filing have evidentiary
10support or, if specifically so identified in the filing, are likely to have evidentiary
11support after reasonable opportunity for further investigation or discovery.
AB615-ASA1,8,1212 3. The filing is not intended to harass a party to an interconnection agreement.
AB615-ASA1,8,1413 4. The filing is not intended to cause unnecessary delay in implementing an
14interconnection agreement or create a needless increase in the cost of litigation.
AB615-ASA1,9,415 (d) If, at any time during a proceeding under this subsection, the commission
16determines, after notice and reasonable opportunity to be heard, that a person has
17made a filing in violation of par. (c), the commission shall order the person to pay to
18any party to the proceeding the amount of reasonable expenses incurred by that
19party because of the filing, including reasonable attorney fees, and the commission
20may directly assess a forfeiture against the person of not less than $25 nor more than
21$5,000. A person against whom the commission assesses a forfeiture under this
22paragraph shall pay the forfeiture to the commission within 10 days after receipt of
23notice of the assessment or, if the person petitions for judicial review under ch. 227,
24within 10 days after receipt of the final decision after exhaustion of judicial review.
25The commission shall remit all forfeitures paid under this paragraph to the state

1treasurer for deposit in the school fund. The attorney general may bring an action
2in the name of the state to collect any forfeiture assessed by the commission under
3this paragraph that has not been paid as provided in this paragraph. The only
4contestable issue in such an action is whether or not the forfeiture has been paid.
AB615-ASA1,9,85 (e) At any time during a proceeding under this subsection, the commission may,
6without holding a hearing, order a party to the interconnection agreement to take
7an action or refrain from taking an action that is related to complying with the
8agreement upon a showing by any other party to the proceeding of all of the following:
AB615-ASA1,9,119 1. That there is a substantial probability that, at the conclusion of the
10proceeding, the commission will find that the party against whom the order is sought
11has failed to comply with the interconnection agreement.
AB615-ASA1,9,1612 2. For a complaint or petition filed by a party to an interconnection agreement,
13that the party against whom the order is sought is taking an action or failing to take
14an action that has a substantial adverse effect on the ability of the complaining or
15petitioning party to provide telecommunications service to its customers or potential
16customers.
AB615-ASA1,9,1717 3. That the order is in the public interest.
AB615-ASA1,9,2318 (f) The commission may require a bond or other security of a person seeking an
19order under par. (e) to the effect that the person shall pay the party against whom
20the order is issued such damages and expenses, excluding attorney fees, in an
21amount specified by the commission, as that party may sustain by reason of the order
22if the commission determines under par. (g) that the person seeking the order was
23not entitled to the order.
AB615-ASA1,9,2524 (g) Within 5 business days after receiving an order issued under par. (e), the
25party against whom the order is issued may request the commission to review the

1order. Within 30 days after receiving a request under this paragraph, the
2commission shall determine whether the person who sought the order under par. (e)
3was entitled to the order and shall terminate, continue or modify the order on such
4terms as the commission determines are appropriate. If the commission determines
5that the person was not entitled to the order, the commission may order the person
6to pay the damages and expenses, excluding attorney fees, sustained, by reason of
7the order, by the party against whom the order was issued. In making a
8determination under this paragraph, the commission may consider only the factors
9specified in par. (e) 1. to 3. and may consider information that the commission
10receives after the commission issued the order under par. (e).
AB615-ASA1,10,20 11(4) Penalties. (a) 1. If the commission issues an order under sub. (3) (a) 2. a.
12in which the commission finds that a party to an interconnection agreement has
13failed to comply with the agreement, the party shall forfeit not more than $15,000
14or, if the failure is wilful, not more than $40,000, except that if the party is a holding
15company that provides access under an interconnection agreement to 50,000 or less
16access lines in this state through affiliates that are small telecommunications
17utilities, or if the party is a small telecommunications utility, the forfeiture under
18this subdivision shall be not more than $7,500. For purposes of this subdivision, each
19day that a party fails to comply with an interconnection agreement is a separate
20failure to comply.
AB615-ASA1,10,2321 2. The maximum forfeiture that may be imposed under subd. 1. shall be trebled
22if either of the following conditions is satisfied and shall be sextupled if both of the
23following conditions are satisfied:
AB615-ASA1,10,2524 a. The party's failure to comply causes death or life-threatening or seriously
25debilitating injury.
AB615-ASA1,11,2
1b. The party's failure to comply continues after the party receives written notice
2of the commission's order requiring compliance with the interconnection agreement.
AB615-ASA1,11,63 3. In addition to a forfeiture imposed under subd. 1., a party to an
4interconnection agreement, approved by the commission, who has wilfully failed to
5comply with the agreement shall forfeit an amount equal to not more than 2 times
6the gross value of the party's economic gain resulting from the failure to comply.
AB615-ASA1,11,87 (b) A court shall consider each of the following in determining the amount of
8a forfeiture under par. (a):
AB615-ASA1,11,109 1. The appropriateness of the forfeiture to the volume of business of the party
10that failed to comply with the agreement.
AB615-ASA1,11,1111 2. The gravity of the failure to comply.
AB615-ASA1,11,1312 3. Any good faith attempt to comply with the agreement after the party receives
13notice of a failure to comply
AB615-ASA1,11,1414 4. Any other factor that the court determines is relevant.
AB615-ASA1,11,1815 (c) In an action to recover a forfeiture under par. (a), a finding by the
16commission in a proceeding under this subsection that a party to an interconnection
17agreement has failed to comply with the agreement shall be, subject to review under
18s. 227.52, conclusive proof that the party failed to comply with the agreement.
AB615-ASA1, s. 11 19Section 11. 196.202 (title) of the statutes is amended to read:
AB615-ASA1,11,21 20196.202 (title) Exemption of cellular commercial mobile radio
21telecommunications service providers.
AB615-ASA1, s. 12 22Section 12. 196.202 (1) of the statutes, as affected by 1997 Wisconsin Act 27,
23is repealed.
AB615-ASA1, s. 13 24Section 13. 196.202 (2) of the statutes, as affected by 1997 Wisconsin Act 27,
25is renumbered 196.202 (2) (intro.) and amended to read:
AB615-ASA1,12,4
1196.202 (2) Scope of regulation. (intro.) A cellular commercial mobile radio
2telecommunications utility service provider is not subject to ch. 184 or this chapter,
3except a cellular mobile radio telecommunications utility if any of the following is
4satisfied:
AB615-ASA1,12,12 5(b) A commercial mobile radio service provider is subject to s. 196.218 (3) to the
6extent not preempted by federal law. If the application of s. 196.218 (3) to a cellular
7commercial mobile radio telecommunications utility service provider is not
8preempted, a cellular commercial mobile radio telecommunications utility service
9provider
shall respond, subject to the protection of the cellular commercial mobile
10radio telecommunications utility's service provider's competitive information, to all
11reasonable requests for information about its operations in this state from the
12commission necessary to administer the universal service fund.
AB615-ASA1, s. 14 13Section 14. 196.202 (2) (a) of the statutes is created to read:
AB615-ASA1,12,2014 196.202 (2) (a) If a commercial mobile radio service provider is a party to an
15interconnection agreement, as defined in s. 196.199 (1), the provider shall, for
16purposes of approving or enforcing the agreement, be subject to ss. 196.02 (3), 196.32,
17196.33, 196.39, 196.395, 196.40, 196.41, 196.43, 196.44 (3) and 196.48 and be treated
18as a party to the agreement under ss. 196.199 and 196.26, as a public utility under
19ss. 196.02 (5) and (6), 196.14, 196.24, 196.44 (2) (a), 196.66 and 196.85 (1) and as a
20telecommunications provider under ss. 196.25 (3) and 196.65 (3).
Loading...
Loading...