SB351-SSA1,3,1110 196.01 (2i) "Commercial mobile service" has the meaning given in 47 USC 332
11(d).
SB351-SSA1, s. 7 12Section 7. 196.01 (5) of the statutes is amended to read:
SB351-SSA1,4,813 196.01 (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
.
SB351-SSA1, s. 8 9Section 8. 196.01 (5m) of the statutes is repealed.
SB351-SSA1, s. 9 10Section 9. 196.01 (8m) of the statutes is amended to read:
SB351-SSA1,4,1711 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.
SB351-SSA1, s. 10 18Section 10. 196.199 of the statutes is created to read:
SB351-SSA1,4,21 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).
SB351-SSA1,4,24 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.
SB351-SSA1,5,2
1(b) The commission may promulgate rules that require an interconnection
2agreement to include alternate dispute resolution provisions.
SB351-SSA1,5,73 (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.
SB351-SSA1,5,10 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:
SB351-SSA1,5,1411 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.
SB351-SSA1,5,1715 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.
SB351-SSA1,6,318 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.
SB351-SSA1,6,124 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.
SB351-SSA1,6,1713 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.
SB351-SSA1,6,2018 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:
SB351-SSA1,6,2321 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.
SB351-SSA1,6,2524 b. Issue an order that interprets any provision of an interconnection
25agreement.
SB351-SSA1,7,3
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.
SB351-SSA1,7,74 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.
SB351-SSA1,7,128 (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:
SB351-SSA1,7,1513 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.
SB351-SSA1,7,1816 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.
SB351-SSA1,8,219 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.
SB351-SSA1,8,73 (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:
SB351-SSA1,8,88 1. The filing is reasonably supported by applicable law.
SB351-SSA1,8,119 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.
SB351-SSA1,8,1212 3. The filing is not intended to harass a party to an interconnection agreement.
SB351-SSA1,8,1413 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.
SB351-SSA1,9,415 (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.
SB351-SSA1,9,85 (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:
SB351-SSA1,9,119 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.
SB351-SSA1,9,1612 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.
SB351-SSA1,9,1717 3. That the order is in the public interest.
SB351-SSA1,9,2318 (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.
SB351-SSA1,9,2524 (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).
SB351-SSA1,10,20 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.
SB351-SSA1,10,2321 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:
SB351-SSA1,10,2524 a. The party's failure to comply causes death or life-threatening or seriously
25debilitating injury.
SB351-SSA1,11,2
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.
SB351-SSA1,11,63 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.
SB351-SSA1,11,87 (b) A court shall consider each of the following in determining the amount of
8a forfeiture under par. (a):
SB351-SSA1,11,109 1. The appropriateness of the forfeiture to the volume of business of the party
10that failed to comply with the agreement.
SB351-SSA1,11,1111 2. The gravity of the failure to comply.
SB351-SSA1,11,1312 3. Any good faith attempt to comply with the agreement after the party receives
13notice of a failure to comply
SB351-SSA1,11,1414 4. Any other factor that the court determines is relevant.
SB351-SSA1,11,1815 (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.
SB351-SSA1, s. 11 19Section 11. 196.202 (title) of the statutes is amended to read:
SB351-SSA1,11,21 20196.202 (title) Exemption of cellular commercial mobile radio
21telecommunications service providers.
SB351-SSA1, s. 12 22Section 12. 196.202 (1) of the statutes, as affected by 1997 Wisconsin Act 27,
23is repealed.
SB351-SSA1, 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:
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.
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