SB351-SSA1,12,4
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:
SB351-SSA1,12,12 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.
SB351-SSA1, s. 14 13Section 14. 196.202 (2) (a) of the statutes is created to read:
SB351-SSA1,12,2014 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).
SB351-SSA1, s. 15 21Section 15. 196.202 (5) of the statutes is amended to read:
SB351-SSA1,12,2322 196.202 (5) Billing. A cellular commercial mobile radio telecommunications
23utility
service provider may not charge a customer for an incomplete call.
SB351-SSA1, s. 16 24Section 16. 196.205 of the statutes is renumbered 196.205 (1m).
SB351-SSA1, s. 17 25Section 17. 196.205 (2) of the statutes is created to read:
SB351-SSA1,13,3
1196.205 (2) Notwithstanding sub. (1m), a telecommunications cooperative
2shall be subject to s. 196.26 if it is a party in a proceeding on a complaint specified
3in s. 196.26 (1) (a) 2. or 3.
SB351-SSA1, s. 18 4Section 18. 196.215 (2d) of the statutes is created to read:
SB351-SSA1,13,75 196.215 (2d) Notwithstanding sub. (2), a small telecommunications utility
6shall be subject to s. 196.26 if it is a party in a proceeding on a complaint specified
7in s. 196.26 (1) (a) 2. or 3.
SB351-SSA1, s. 19 8Section 19. 196.215 (2m) (e) of the statutes is created to read:
SB351-SSA1,13,119 196.215 (2m) (e) Notwithstanding pars. (a) to (d), a small telecommunications
10utility is subject to s. 196.26 if it is a party in a proceeding on a complaint specified
11in s. 196.26 (1) (a) 2. or 3.
SB351-SSA1, s. 20 12Section 20. 196.219 (1) of the statutes is renumbered 196.219 (1) (intro.) and
13amended to read:
SB351-SSA1,13,1414 196.219 (1) (title) Definition Definitions. (intro.) In this section , "consumer":
SB351-SSA1,13,18 15(a) "Consumer" means any person, including a telecommunications provider,
16that uses the services, products or facilities provided by a telecommunications utility
17or the local exchange services offered by a telecommunications provider that is not
18a telecommunications utility
.
SB351-SSA1, s. 21 19Section 21. 196.219 (1) (b) of the statutes is created to read:
SB351-SSA1,13,2120 196.219 (1) (b) "Local exchange service" has the meaning given in s. 196.50 (1)
21(b) 1.
SB351-SSA1, s. 22 22Section 22. 196.219 (2) (a) of the statutes is amended to read:
SB351-SSA1,14,223 196.219 (2) (a) Notwithstanding any exemptions identified in this chapter
24except s. 196.202, a telecommunications utility or provider shall provide protection
25to its consumers under this section unless exempted in whole or in part by rule or

1order of the commission under this section. The commission shall promulgate rules
2that identify the conditions under which provisions of this section may be suspended.
SB351-SSA1, s. 23 3Section 23. 196.219 (2) (d) of the statutes is amended to read:
SB351-SSA1,14,64 196.219 (2) (d) If the commission grants an exemption under this subsection,
5it may require the telecommunications utility or provider to comply with any
6condition necessary to protect the public interest.
SB351-SSA1, s. 24 7Section 24. 196.219 (2m) (a) of the statutes is renumbered 196.219 (2m) and
8amended to read:
SB351-SSA1,14,139 196.219 (2m) Access services. A telecommunications utility or provider shall
10provide access services under tariff under the same rates, terms and conditions to all
11telecommunications providers. This subsection applies to a telecommunications
12provider that is not a telecommunications utility only with respect to the provider's
13offering of local exchange services.
SB351-SSA1, s. 25 14Section 25. 196.219 (2m) (b) of the statutes is repealed.
SB351-SSA1, s. 26 15Section 26. 196.219 (3) (intro.) and (a) of the statutes are amended to read:
SB351-SSA1,14,1916 196.219 (3) Prohibited practices. (intro.) A telecommunications utility may
17not do any of the following
with respect to its regulated services or any other
18telecommunications provider with respect to its offering of local exchange services
19may not do any of the following
:
SB351-SSA1,14,2520 (a) Refuse to interconnect within a reasonable time with another person to the
21same extent that the federal communications commission requires the
22telecommunications utility or provider to interconnect. The public service
23commission may require additional interconnection based on a determination,
24following notice and opportunity for hearing, that additional interconnection is in
25the public interest and is consistent with the factors under s. 196.03 (6).
SB351-SSA1, s. 27
1Section 27. 196.219 (3) (e) of the statutes is amended to read:
SB351-SSA1,15,52 196.219 (3) (e) Fail to provide a service, product or facility to a consumer other
3than a telecommunications provider in accord with the telecommunications utility's
4or provider's applicable tariffs, price lists or contracts and with the commission's
5rules and orders.
SB351-SSA1, s. 28 6Section 28. 196.219 (3) (em) of the statutes is amended to read:
SB351-SSA1,15,107 196.219 (3) (em) Refuse to provide a service, product or facility to a
8telecommunications provider
, in accord with the that telecommunications utility's or
9provider's
applicable tariffs, price lists or contracts and with the commission's rules
10and orders, to another telecommunications provider.
SB351-SSA1, s. 29 11Section 29. 196.219 (3) (f) of the statutes is amended to read:
SB351-SSA1,15,2012 196.219 (3) (f) Refuse to provide basic local exchange service, business access
13line and usage service within a local calling area and access service on an unbundled
14basis to the same extent that the federal communications commission requires the
15telecommunications utility or provider to unbundle the same services provided
16under its jurisdiction. The public service commission may require additional
17unbundling of intrastate telecommunications services based on a determination,
18following notice and opportunity for hearing, that additional unbundling is required
19in the public interest and is consistent with the factors under s. 196.03 (6). The public
20service commission may order unbundling by a small telecommunications utility.
SB351-SSA1, s. 30 21Section 30. 196.219 (3) (h) of the statutes is amended to read:
SB351-SSA1,16,222 196.219 (3) (h) To the extent prohibited by the federal communications
23commission, or by the public service commission under rules promulgated consistent
24with the factors under s. 196.03 (6), give preference or discriminate in the provision

1of services, products or facilities to an affiliate, or to the telecommunications utility's
2or provider's own or an affiliate's retail department that sells to consumers.
SB351-SSA1, s. 31 3Section 31. 196.219 (3) (m) of the statutes is amended to read:
SB351-SSA1,16,84 196.219 (3) (m) Provide telecommunications service to any person acting as a
5telecommunications utility, telecommunications provider, alternative
6telecommunications utility or telecommunications carrier if the commission has
7ordered the telecommunications utility or provider to discontinue service to that
8person.
SB351-SSA1, s. 32 9Section 32. 196.219 (4) of the statutes is amended to read:
SB351-SSA1,16,1310 196.219 (4) Enforcement. (a) On the commission's own motion or upon
11complaint filed by the consumer, the commission shall have jurisdiction to take
12administrative action or to commence civil actions against telecommunications
13utilities or providers to enforce this section.
SB351-SSA1,16,1814 (b) The commission may, at its discretion, institute in any court of competent
15jurisdiction a proceeding against a telecommunications utility or provider for
16injunctive relief to compel compliance with this section, to compel the accounting and
17refund of any moneys collected in violation of this section or for any other relief
18permitted under this chapter.
SB351-SSA1, s. 33 19Section 33. 196.219 (4m) of the statutes is renumbered 196.219 (4m) (a) and
20amended to read:
SB351-SSA1,16,2421 196.219 (4m) (a) Upon a finding of a violation of this section by the commission,
22any person injured because of a violation of this section by a telecommunications
23utility or provider may commence a civil action to recover damages or to obtain
24injunctive relief.
SB351-SSA1, s. 34 25Section 34. 196.219 (4m) (b) of the statutes is created to read:
SB351-SSA1,17,4
1196.219 (4m) (b) Upon request of the commission, the attorney general may
2bring an action to require a telecommunications utility or provider to compensate
3any person for any pecuniary loss caused by the failure of the utility or provider to
4comply with this section.
SB351-SSA1, s. 35 5Section 35. 196.219 (5) of the statutes is amended to read:
SB351-SSA1,17,86 196.219 (5) Alternate dispute resolution. The commission shall establish by
7rule a procedure for alternative dispute resolution to be available for complaints filed
8against a telecommunications utility or provider.
SB351-SSA1, s. 36 9Section 36. 196.26 (1) of the statutes is renumbered 196.26 (1) (intro.) and
10amended to read:
SB351-SSA1,17,1111 196.26 (1) Complaint. (intro.) In this section, "complaint";
SB351-SSA1,17,12 12(a) "Complaint" means a any of the following:
SB351-SSA1,17,16 131. A complaint filed with the commission that any rate, toll, charge or schedule,
14joint rate, regulation, measurement, act or practice relating to the provision of heat,
15light, water, power or telecommunications service is unreasonable, inadequate,
16unjustly discriminatory or cannot be obtained.
SB351-SSA1, s. 37 17Section 37. 196.26 (1) (a) 2. and 3. of the statutes are created to read:
SB351-SSA1,17,1818 196.26 (1) (a) 2. A complaint specified in s. 196.199 (3) (a) 1m. b.
SB351-SSA1,17,2319 3. A complaint by a party to an interconnection agreement, approved by the
20commission, that another party to the agreement has failed to comply with the
21agreement and that does not allege that the failure to comply has a significant
22adverse effect on the ability of the complaining party to provide telecommunications
23service to its customers or potential customers.
SB351-SSA1, s. 38 24Section 38. 196.26 (1) (b) of the statutes is created to read:
SB351-SSA1,18,2
1196.26 (1) (b) "Interconnection agreement" has the meaning given in s. 196.199
2(1).
SB351-SSA1, s. 39 3Section 39. 196.26 (1m) of the statutes is amended to read:
SB351-SSA1,18,114 196.26 (1m) Complaint and investigation. If any mercantile, agricultural or
5manufacturing society, body politic, municipal organization or 25 persons file a
6complaint specified in sub. (1) (a) 1. against a public utility, or if the commission
7terminates a proceeding on a complaint under s. 196.199 (3) (a) 1m. b., or if a person
8files a complaint specified in sub. (1) (a) 3.,
the commission, with or without notice,
9may investigate the complaint under this section as it deems necessary. The
10commission may not issue an order based on the investigation without a public
11hearing.
SB351-SSA1, s. 40 12Section 40. 196.26 (2) (a) of the statutes is amended to read:
SB351-SSA1,18,1713 196.26 (2) (a) Prior to a hearing under this section, the commission shall notify
14the public utility or party to an interconnection agreement complained of that a
15complaint has been made, and 10 days after the notice has been given the
16commission may proceed to set a time and place for a hearing and an investigation.
17This paragraph does not apply to a complaint specified in sub. (1) (a) 2.
SB351-SSA1, s. 41 18Section 41. 196.26 (2) (b) of the statutes is amended to read:
SB351-SSA1,19,219 196.26 (2) (b) The commission shall give the complainant and either the public
20utility or party to an interconnection agreement which is the subject of a complaint
21filed under and the complainant specified in sub. (1) (a) 1. or 3. or, for a complaint
22specified in sub. (1) (a) 2., a party to an interconnection agreement who is identified
23in a notice under s. 196.199 (3) (b) 1. b.,
10 days' notice of the time and place of the
24hearing and the matter to be considered and determined at the hearing. The
25complainant and either the public utility or the party to the interconnection

1agreement
may be heard. The commission may subpoena any witness at the request
2of the public utility, party to the interconnection agreement or complainant.
SB351-SSA1, s. 42 3Section 42. 196.26 (4) (c) of the statutes is created to read:
SB351-SSA1,19,54 196.26 (4) (c) Paragraphs (a) and (b) do not apply to a complaint specified in
5sub. (1) (a) 2. or 3.
SB351-SSA1, s. 43 6Section 43. 196.28 (3) of the statutes is amended to read:
SB351-SSA1,19,137 196.28 (3) Notice of the time and place for a hearing under sub. (2) shall be
8given to the public utility, and to such other interested persons as the commission
9deems necessary. After the notice has been given, proceedings shall be had and
10conducted in reference to the matter investigated as if a complaint specified in s.
11196.26 (1) (a) 1,
had been filed with the commission under s. 196.26 (1) relative to the
12matter investigated. The same order or orders may be made in reference to the
13matter as if the investigation had been made on complaint under s. 196.26.
SB351-SSA1, s. 44 14Section 44. 196.43 (3) of the statutes is created to read:
SB351-SSA1,19,1915 196.43 (3) No injunction may be issued in any proceeding for review under ch.
16227 of an order of the commission under s. 196.199 (3) (a) 2., suspending or staying
17the order, unless the court finds that the person seeking review of the order is likely
18to succeed on the merits and suffer irreparable harm without the suspension or stay
19and that the suspension or stay is in the public interest.
SB351-SSA1, s. 45 20Section 45. 196.44 (2) (a) of the statutes is amended to read:
SB351-SSA1,19,2521 196.44 (2) (a) Upon request of the commission, the attorney general or the
22district attorney of the proper county shall aid in any investigation, hearing or trial
23had under this chapter, and shall institute and prosecute all necessary actions or
24proceedings for the enforcement of all laws relating to public utilities or
25telecommunications providers
, and for the punishment of all violations.
SB351-SSA1, s. 46
1Section 46. 196.499 (1) of the statutes, as affected by 1997 Wisconsin Act 27,
2is renumbered 196.499 (1) (intro.) and amended to read:
SB351-SSA1,20,53 196.499 (1) Scope. (intro.) Notwithstanding any other provisions of this
4chapter, a telecommunications carrier is not subject to regulation under this chapter,
5except that a under each of the following provisions:
SB351-SSA1,20,7 6(a) A telecommunications carrier shall comply with the requirements of this
7section,.
SB351-SSA1,20,9 8(b) A telecommunications carrier shall be treated under ss. 196.209, 196.218
9(8) and 196.219 (4d) as a telecommunications provider ,.
SB351-SSA1,20,11 10(c) A telecommunications carrier shall be treated under s. 196.85 as a
11telecommunications utility and.
SB351-SSA1,20,13 12(d) A telecommunications carrier shall be treated under s. 196.858 as an
13interexchange telecommunications utility,.
SB351-SSA1,20,19 14(e) A telecommunications carrier may be assessed under s. 196.218 (3) as a
15telecommunications provider and shall respond, subject to the protection of the
16telecommunications carrier's competitive information, to all reasonable requests for
17information about its operations in this state from the commission necessary to
18administer the universal service fund. A telecommunications carrier may not be
19assessed in a manner that is inconsistent with this section paragraph.
SB351-SSA1, s. 47 20Section 47. 196.499 (1) (f) of the statutes is created to read:
SB351-SSA1,21,321 196.499 (1) (f) For purposes of enforcing s. 196.209, 196.218 (3) or (8), 196.219,
22196.85 or 196.858, or for purposes of approving or enforcing an interconnection
23agreement, as defined in s. 196.199 (1), to which a telecommunications carrier is a
24party, a telecommunications carrier shall be subject to ss. 196.02 (3), 196.32, 196.33,
25196.39, 196.395, 196.40, 196.41, 196.43, 196.44 (3) and 196.48 and be treated as a

1party to the agreement under ss. 196.199 and 196.26, as a public utility under ss.
2196.02 (5) and (6), 196.14, 196.24, 196.44 (2) (a), 196.66 and 196.85 (1) and as a
3telecommunications provider under ss. 196.25 (3) and 196.65 (3).
SB351-SSA1, s. 48 4Section 48. 943.455 (1) (b) of the statutes is amended to read:
SB351-SSA1,21,65 943.455 (1) (b) "Company" means a cellular commercial mobile radio
6telecommunications utility service provider, as defined in s. 196.202 (1) 196.01 (2g).
SB351-SSA1, s. 49 7Section 49. 968.27 (14) (d) of the statutes is amended to read:
SB351-SSA1,21,118 968.27 (14) (d) Transmitted over a communication system provided by a
9common carrier, including a cellular commercial mobile radio telecommunications
10utility
service provider, as defined in s. 196.202 (1) 196.01 (2g), unless the
11communication is a tone-only paging system communication.
SB351-SSA1, s. 50 12Section 50. Nonstatutory provisions.
SB351-SSA1,21,1613 (1) The public service commission shall submit in proposed form the rules
14required under section 196.199 (2) (c) of the statutes, as created by this act, to the
15legislative council staff under section 227.15 (1) of the statutes no later than
16November 1, 1998.
SB351-SSA1, s. 51 17Section 51. Effective date.
SB351-SSA1,21,1818 (1) This act takes effect on January 1, 1999.
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