LRBa2139/1
MDK:kmg:jf
1997 - 1998 LEGISLATURE
SENATE AMENDMENT 1,
TO SENATE SUBSTITUTE AMENDMENT 1,
TO 1997 SENATE BILL 351
March 19, 1998 - Offered by
Joint committee on Information Policy.
SB351-SSA1-SA1,1,3
21. Page 4, line 21: after "(e)" insert ", but does not include an interconnection
3agreement to which a commercial mobile radio service provider is a party".
SB351-SSA1-SA1,2,68
196.202
(2) Scope of regulation. A
cellular commercial mobile radio
9te
lecommunications utility service provider is not subject to ch. 184 or this chapter,
10except a
cellular commercial mobile radio
telecommunications utility service
11provider is subject to s. 196.218 (3) to the extent not preempted by federal law. If the
12application of s. 196.218 (3) to a
cellular commercial mobile radio
1telecommunications utility service provider is not preempted, a
cellular commercial 2mobile radio
telecommunications utility service provider shall respond, subject to
3the protection of the
cellular commercial mobile radio
telecommunications utility's 4service provider's competitive information, to all reasonable requests for information
5about its operations in this state from the commission necessary to administer the
6universal service fund.".
SB351-SSA1-SA1,2,11
11943.455 (title)
Theft of cellular telephone commercial mobile service.
SB351-SSA1-SA1,2,1513
943.455
(1) (a) "
Cellular telephone Commercial mobile service" means
any
14telecommunications service commercial mobile service, as defined in s. 196.01 (2i),
15that is provided by a company
over a cellular telephone system for payment.".
SB351-SSA1-SA1,2,17
17"
Section 48g. 943.455 (2) (a), (b), (c) and (f) of the statutes are amended to read:
SB351-SSA1-SA1,3,218
943.455
(2) (a) Obtain or attempt to obtain
cellular telephone commercial
19mobile service from a company by trick, artifice, deception, use of an illegal device
20or other fraudulent means with the intent to deprive that company of any or all
21lawful compensation for rendering each type of service obtained. The intent required
22for a violation of this paragraph may be inferred from the presence on the property
23and in the actual possession of the defendant of a device not authorized by the
24company, the major purpose of which is to permit reception of
cellular telephone
1commercial mobile services without payment. This inference is rebutted if the
2defendant demonstrates that he or she purchased that device for a legitimate use.
SB351-SSA1-SA1,3,73
(b) Give technical assistance or instruction to any person in obtaining or
4attempting to obtain any
cellular telephone commercial mobile service without
5payment of all lawful compensation to the company providing that service. This
6paragraph does not apply if the defendant demonstrates that the technical
7assistance or instruction was given for a legitimate purpose.
SB351-SSA1-SA1,3,178
(c) Maintain an ability to connect, whether physical, electronic, by radio wave
9or by other means, with any facilities, components or other devices used for the
10transmission of
cellular telephone commercial mobile services for the purpose of
11obtaining
cellular telephone commercial mobile service without payment of all
12lawful compensation to the company providing that service. The intent required for
13a violation of this paragraph may be inferred from proof that the
cellular telephone 14commercial mobile service to the defendant was authorized under a service
15agreement with the defendant and has been terminated by the company and that
16thereafter there exists in fact an ability to connect to the company's
cellular
17telephone commercial mobile service system.
SB351-SSA1-SA1,4,318
(f) Manufacture, import into this state, distribute, publish, advertise, sell, lease
19or offer for sale or lease any device or any plan or kit for a device designed to receive
20cellular telephone commercial mobile services offered for sale by a company, whether
21or not the services are encoded, filtered, scrambled or otherwise made unintelligible,
22with the intent that that device, plan or kit be used for obtaining a company's services
23without payment. The intent required for a violation of this paragraph may be
24inferred from proof that the defendant has sold, leased or offered for sale or lease any
25device, plan or kit for a device in violation of this paragraph and during the course
1of the transaction for sale or lease the defendant expressly states or implies to the
2buyer that the product will enable the buyer to obtain
cellular telephone commercial
3mobile service without charge.
SB351-SSA1-SA1,4,65
943.455
(5) Exception. This section does not affect the use by a person of
6cellular telephone commercial mobile services if the services have been paid for.".
SB351-SSA1-SA1,4,15
8"
(2m) The public service commission shall study the feasibility and desirability
9of enforcing interconnection agreements, that are subject to the approval of the
10public service commission under
47 USC 252 (e), to which a commercial mobile radio
11service provider, as defined in section 196.01 (2g) of the statutes, as created by this
12act, is a party in the same manner as interconnection agreements to which such a
13provider is not a party. The commission shall submit a report on the results of the
14study and any recommended proposals for legislation to the legislature in the
15manner provided in section 13.172 (2) of the statutes no later than January 1, 2000.".
SB351-SSA1-SA1,4,20
18(1m) The treatment of section 943.455 (1) (a), (2) (a), (b), (c) and (f) and (5) of
19the statutes first applies to offenses committed on the effective date of this
20subsection.
SB351-SSA1-SA1,4,22
21(2m) The treatment of section 968.27 (14) (d) of the statutes first applies to
22radio communications transmitted on the effective date of this subsection.".
