Amendment ASA1-AB889

AB889-ASA1,6,22 (b) Paragraph (a) does not apply to basic local exchange service or long distance toll service or a telecommunications service that is provided as part of a telecommunications subscription.

AB889-ASA1, s. 16 Section 16. 100.207 (5g) of the statutes is created to read:

AB889-ASA1,7,3 100.207 (5g) Restrictions on contracts. No telecommunications provider may place in a contract entered into with a customer located in this state a clause that provides that a law of a state other than this state applies to the parties or terms of the contract or the rights and remedies under the contract, unless the law of the other state is in conformity with the law of this state.

AB889-ASA1, s. 17 Section 17. 100.207 (5m) of the statutes is created to read:

AB889-ASA1,7,8 100.207 (5m) Record requirements. Any person who provides telecommunications service to any customer in this state shall maintain each billing and collection record that is made in providing the telecommunications service for a period of 5 years beginning on the date that the record is made.

AB889-ASA1, s. 18 Section 18. 146.70 (3m) of the statutes is created to read:

AB889-ASA1,7,10 146.70 (3m) Wireless providers. (a) Definitions. In this subsection:

AB889-ASA1,7,11 1. "Board" means the wireless 911 board.

AB889-ASA1,7,14 2. "Federal wireless orders" means the orders of the federal communications commission regarding 911 emergency services for wireless telephone users in FCC docket no. 94-102.

AB889-ASA1,7,16 3. "Wireless provider" means a commercial mobile radio service provider, as defined in s. 196.01 (2g), that is subject to the federal wireless orders.

AB889-ASA1,7,21 4. "Wireless public safety answering point" means a facility to which a call on a wireless provider's system is initially routed for response, and on which a public agency directly dispatches the appropriate emergency service provider, relays a message to the appropriate emergency service provider, or transfers the call to the appropriate emergency services provider.

AB889-ASA1,8,4 (b) Grants. 1. From the appropriations under s. 20.143 (3) (js) and (kv), the board shall make grants to public agencies that operate public safety answering points for eligible expenses under par. (c). A public agency is eligible for a grant under this subdivision only if the board determines that the public agency is providing, or has begun to implement, 911 emergency services for wireless telephone users and has complied with the federal wireless orders. The total amount in grants that a public agency may receive under this subdivision may not exceed 50% of the public agency's total eligible expenses under par. (c).

AB889-ASA1,8,8 2. From the appropriation under s. 20.143 (3) (jm), the board shall make grants to wireless providers for actual expenses incurred by wireless providers to upgrade, purchase, lease, program, install, test, operate, or maintain all data, hardware, and software necessary to comply with the federal wireless orders.

AB889-ASA1,8,16 3. If the board determines that there are insufficient funds in the appropriation account under s. 20.143 (3) (jm) to make a grant under subd. 2., and the board has not paid a grant under subd. 1. or an installment under subd. 4. in the preceding 3 months, the board may make the grant to the wireless provider from the appropriation account under s. 20.143 (3) (js). If the board makes a grant under this subdivision, the board shall, as soon as practicable, transfer moneys from the appropriation account under s. 20.143 (3) (jm) to the appropriation account under s. 20.143 (3) (kv) in an amount equal to the amount of the grant.

AB889-ASA1,8,19 4. If the board determines that there are insufficient funds in an appropriation to make a grant under this paragraph, the board may make the grant in installments.

AB889-ASA1,8,22 5. The board shall contract for independent audits of applications for grants under this paragraph. An applicant shall provide an auditor with any relevant confidential business information.

AB889-ASA1,9,2 (c) Public agency eligible expenses. 1. A public agency may receive a grant under par. (b) 1. for actual expenses that the public agency directly and primarily incurred for leasing, purchasing, operating, or maintaining a wireless public safety answering point, including expenses for all of the following:

AB889-ASA1,9,5 a. Necessary network equipment, computer hardware and software, database equipment, and radio and telephone equipment, that are located within the public safety answering point.

AB889-ASA1,9,6 b. Training operators of a public safety answering point.

AB889-ASA1,9,8 c. Network costs for delivery of calls from a wireless provider to a public safety answering point.

AB889-ASA1,9,10 2. Except for expenses under subd. 1., a public agency may not receive a grant under par. (b) 1. for any of the following:

AB889-ASA1,9,13 a. Emergency service dispatch, including personnel, training, equipment, software, records management, radio communications, and mobile data network systems.

AB889-ASA1,9,14 b. Vehicles and equipment in vehicles.

AB889-ASA1,9,16 c. Communications equipment and software used to communicate with vehicles.

AB889-ASA1,9,18 d. Real estate and improvements to real estate, other than improvements necessary to maintain the security of a public safety answering point.

AB889-ASA1,9,19 e. Salaries and benefits of operators of a public safety answering point.

AB889-ASA1,9,24 (d) Wireless surcharge. 1. Each wireless provider shall impose a surcharge of 50 cents per month for each telephone number that has a billable address in this state and shall identify the surcharge on a customer's bill on a separate line that is identified as "Wireless 911 Surcharge." The board may promulgate rules that increase or decrease the surcharge, except that the board may not increase the surcharge more than once per year, any increase must be uniform statewide and may not exceed 10 cents, and the surcharge may not exceed $1.

AB889-ASA1,10,4 2. A wireless provider may not prorate the surcharge and shall collect the entire amount of the surcharge for a month of partial service.

AB889-ASA1,10,11 3. The board shall promulgate rules establishing requirements for wireless providers to collect the surcharge from their customers beginning with the first bills issued after July 1, 2002. Except as provided in subd. 4., a wireless provider shall pay the surcharges to the board no more than 60 days after the end of the calendar month in which the surcharges are collected. The board shall bring an action to collect a surcharge that is not paid by a customer and the customer's wireless provider is not liable for the unpaid surcharge.

AB889-ASA1,10,14 4. Wireless providers may retain 2% of the surcharges collected in fiscal year 2002-03 for reimbursing costs related to collecting the surcharge, including reprogramming billing systems.

AB889-ASA1,10,19 (e) Confidentiality of information. The board may withhold from public inspection any information that would aid a competitor of a wireless provider in competition with the wireless provider. The board shall establish procedures for internal management that prohibit members of the board from having access to confidential business information submitted by wireless providers.

AB889-ASA1,10,25 (f) Public information. The board shall promulgate rules establishing requirements and procedures for informing the public about the purpose and uses of the surcharge required under this subsection. The rules shall require the board to maintain a toll-free telephone number to provide such information to the public and require wireless providers to identify the toll-free number on bills and direct customers to contact the board regarding questions about the surcharge.

AB889-ASA1,11,3 (g) Other charges prohibited. No city, village, town, county, or state agency, as defined in s. 16.375 (1), except the board, may require a wireless provider to collect or pay a surcharge or fee related to wireless emergency telephone service.

AB889-ASA1,11,6 (h) Liability exemption. A wireless provider shall not be liable to any person who uses a wireless emergency telephone number system for which a grant is made under par. (b).

AB889-ASA1,11,11 (i) Report to governor and legislature. Annually, the board shall submit a report to the governor, and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2), that describes the costs incurred by wireless providers and public agencies in providing wireless emergency telephone service and the grants made by the board.

AB889-ASA1,11,13 (j) Board powers. The board shall possess all powers necessary or convenient for administering the requirements of this subsection.

AB889-ASA1,11,15 (k) Sunset. This subsection does not apply after the first day of the 60th month beginning after the effective date of this paragraph .... [revisor inserts date].

AB889-ASA1, s. 19 Section 19. 196.02 (13) of the statutes is created to read:

AB889-ASA1,11,23 196.02 (13) Telephone numbers and area codes. To the extent authorized under federal law, the commission has jurisdiction to supervise and regulate telephone numbers and area codes used by any telecommunications provider in this state and to do all things necessary and convenient to such jurisdiction. The commission may withhold from public inspection any information obtained from a telecommunications provider under this subsection that would aid a competitor of the telecommunications provider.

AB889-ASA1, s. 20 Section 20. 196.195 (12) (a) of the statutes is amended to read:

AB889-ASA1,12,6 196.195 (12) (a) To provide incentives for telecommunications utilities to achieve any of the goals listed in par. (b) 1. a., the commission may suspend any of the provisions listed in sub. (5) except ss. 196.19, 196.20 (1m), 196.22, 196.26, 196.37, 196.60 and 196.604, may grant an approval under par. (f), or may approve a regulatory method alternative to traditional rate-of-return regulation that does not require suspension of any provisions listed in sub. (5).

AB889-ASA1, s. 21 Section 21. 196.195 (12) (f) of the statutes is created to read:

AB889-ASA1,12,11 196.195 (12) (f) Notwithstanding pars. (d) 2. and (e) and s. 196.204 (5) (a) and (6) (b) 2., the commission may approve the provision of basic local exchange service by a telecommunications utility that is subject to this subsection at rates that match a competitor's rates for such service.

AB889-ASA1, s. 22 Section 22. 196.196 (5) (f) 1. g. of the statutes is created to read:

AB889-ASA1,12,14 196.196 (5) (f) 1. g. Competition for telecommunications services throughout the state.

AB889-ASA1, s. 23 Section 23. 196.196 (5) (f) 4. of the statutes is created to read:

AB889-ASA1,12,21 196.196 (5) (f) 4. The commission may require a telecommunications provider or provider of cable television service to submit to the commission any information that the commission determines is necessary to prepare the report under subd. 1. The commission may withhold from public inspection any information obtained under this subdivision that would aid a competitor of a telecommunications provider or provider of cable television service.

AB889-ASA1, s. 24 Section 24. 196.202 (2) of the statutes, as affected by 2001 Wisconsin Act 16, is renumbered 196.202 (2) (intro.) and amended to read:

AB889-ASA1,13,3 196.202 (2) Scope of regulation. (intro.) A commercial mobile radio service provider is not subject to ch. 201 or this chapter, except as provided in sub. (5), and except that a as follows:

AB889-ASA1,13,11 (a) A commercial mobile radio service provider is subject to s. 196.218 (3) if the commission promulgates rules that designate commercial mobile radio service providers as eligible to receive universal service funding under both the federal and state universal service fund programs. If the commission promulgates such rules, a commercial mobile radio service provider shall respond, subject to the protection of the commercial mobile radio service provider's competitive information, to all reasonable requests for information about its operations in this state from the commission necessary to administer the universal service fund.

AB889-ASA1, s. 25 Section 25. 196.202 (2) (intro.) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is repealed and recreated to read:

AB889-ASA1,13,16 196.202 (2) Scope of regulation. (intro.) A commercial mobile radio service provider is not subject to ch. 201 or this chapter, except as provided in subs. (5) and (6), and except as follows:

AB889-ASA1, s. 26 Section 26. 196.202 (2) (b) of the statutes is created to read:

AB889-ASA1,13,19 196.202 (2) (b) A commercial mobile radio service provider is subject to ss. 196.02 (13) and 196.196 (5) (f) 4.

AB889-ASA1, s. 27 Section 27. 196.202 (6) of the statutes is created to read:

AB889-ASA1,13,24 196.202 (6) Number portability. A commercial mobile radio service provider that is subject to the requirements of 47 CFR Part 52, Subpart C, shall provide number portability, as defined in 47 CFR 52.21 (k), as required in 47 CFR Part 52, Subpart C.

AB889-ASA1, s. 28 Section 28. 196.499 (1) (b) of the statutes is amended to read:

AB889-ASA1,14,3 196.499 (1) (b) A telecommunications carrier shall be treated under ss. 196.02 (13), 196.196 (5) (f) 4., 196.209, 196.218 (8) and 196.219 as a telecommunications provider.

AB889-ASA1, s. 29 Section 29. 196.50 (4) (title) of the statutes is amended to read:

AB889-ASA1,14,6 196.50 (4) (title) Municipality Local governmental units and municipalities restrained.

AB889-ASA1, s. 30 Section 30. 196.50 (4) of the statutes is renumbered 196.50 (4) (b) and amended to read:

AB889-ASA1,14,14 196.50 (4) (b) No municipality may construct any public utility if there is in operation under an indeterminate permit in the municipality a public utility engaged in similar service other than a telecommunications service, unless it secures from the commission a declaration, after a public hearing of all parties interested, that public convenience and necessity require the municipal public utility and unless the requirements of par. (c) are satisfied.

AB889-ASA1, s. 31 Section 31. 196.50 (4) (a) of the statutes is created to read:

AB889-ASA1,14,16 196.50 (4) (a) In this subsection:

AB889-ASA1,14,20 1. "Local governmental unit" means a town, village, city, county, or special purpose district, a subunit of a town, village, city, county, or special purpose district, or any combination of a town, village, city, county, special purpose district, or such a subunit.

AB889-ASA1,14,24 2. "State agency" means any office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature and courts.

AB889-ASA1,15,3 3. "Telecommunications facility" means any plant or equipment used to provide a telecommunications service to the public by wire, fiber optics, radio signal, or other means.

AB889-ASA1, s. 32 Section 32. 196.50 (4) (c) of the statutes is created to read:

AB889-ASA1,15,7 196.50 (4) (c) 1. Except as provided in subd. 2., a local governmental unit may not construct or own a telecommunications facility, unless all of the following are satisfied:

AB889-ASA1,15,10 a. The local governmental unit leases, on a nondiscriminatory basis, the telecommunications facility to a telecommunications provider that is not owned or controlled by any local governmental unit.

AB889-ASA1,15,15 b. Before beginning construction or taking ownership of the telecommunications facility, whichever occurs first, the local governmental unit submits to the commission a financing plan and budget for constructing or owning the telecommunications facility. The information submitted under this subd. 1. b. shall be open to public inspection.

AB889-ASA1,16,7 c. The lease specified in subd. 1. a. is approved at a referendum pursuant to this subdivision. The governing body of each town, village, city, county, or special purpose district that comprises the local governmental unit or that has a subunit that comprises the local governmental unit may adopt a resolution calling for a referendum under this subdivision on whether that local governmental entity or subunit should construct or purchase a telecommunications facility and enter into a lease specified in subd. 1. a. The referendum shall be held at the next succeeding spring election or general election to be held not earlier than 42 days after the adoption of the resolution. The referendum question shall be substantially as follows: "Shall the .... [name of town, village, city, county, special purpose district, or subunit] .... [construct or purchase] a telecommunications facility for the purpose of leasing that facility to a private telecommunications provider?" If a majority of the electors of each town, village, city, county, or special purpose district that comprises the local governmental unit or that has a subunit that comprises the local governmental unit who vote in the referendum vote "Yes," the local governmental unit may enter into the lease specified in subd. 1. a., provided the local governmental unit complies with subd. 1. b.

AB889-ASA1,16,9 d. Any other requirement established in rules promulgated by the commission under subd. 3.

AB889-ASA1,16,14 2. a. Subdivision 1. does not apply to a telecommunications facility that is owned, or for which a financial institution has agreed in writing to finance, in whole or in part, the cost of construction or ownership, before the effective date of this subdivision .... [revisor inserts date]. This subdivision paragraph does not apply 5 years after the effective date of this subdivision paragraph .... [revisor inserts date].

AB889-ASA1,16,21 b. Subdivision 1. does not apply to a telecommunications facility leased to a local government unit, state agency, school district, cooperative educational service agency, technical college district, public library board, public library system, federally recognized Indian tribe or band located in this state, or volunteer fire company or fire department organized under ch. 213, if the lease is under a contract or agreement under s. 66.0301, 66.0303, or 120.25, or a similar contract or agreement for the sharing of facilities.

AB889-ASA1,17,2 3. If the commission determines that the requirements under subd. 1. a., b., and c. do not adequately protect the public interest from any unfair competitive advantage that a local governmental unit may gain from its status as a local governmental unit, the commission may promulgate rules establishing additional requirements that a local governmental unit must satisfy before constructing or owning a telecommunications facility, including any of the following:

AB889-ASA1,17,4 a. That the cost of owning or constructing the telecommunications facility must be funded only from revenues generated from leasing the facility under subd. 1. a.

AB889-ASA1,17,8 b. That construction and operation of the telecommunications facility must be subject to the same requirements, fees, and penalties relating to the use of public rights-of-way that apply to a telecommunications facility that is not owned or controlled by a local unit of government.

AB889-ASA1,17,10 c. That the local unit of government must comply with any other requirement that the commission determines is necessary to protect the public interest.

AB889-ASA1, s. 33 Section 33. 198.12 (6) of the statutes is amended to read:

AB889-ASA1,18,5 198.12 (6) Utilities, acquire, construct, operate; water power; sale of service; use of streets. The district shall have power and authority to own, acquire and, subject to the restrictions applying to a municipality under s. 196.50 (4) (b), to construct any utility or portion thereof to operate, in whole or in part, in the district, and to own, acquire and, subject to ss. 196.01 to 196.53 and 196.59 to 196.76 where applicable, to construct any addition to or extension of any such utility, and to own, acquire and construct any water power and hydroelectric power plant, within or without the district, to be operated in connection with any such utility, and to operate, maintain and conduct such utility and water power and hydroelectric power plant and system both within and without the district, and to furnish, deliver and sell to the public and to any municipality and to the state and any state institution heat, light and power service and any other service, commodity or facility which may be produced or furnished thereby, and to charge and collect rates, tolls and charges for the same. For said purposes the district is granted and shall have and exercise the right freely to use and occupy any public highway, street, way or place reasonably necessary to be used or occupied for the maintenance and operation of such utility or any part thereof, subject, however, to such local police regulations as may be imposed by any ordinance adopted by the governing body of the municipality in which such highway, street, way or place is located.

AB889-ASA1, s. 34 Section 34. 198.22 (6) of the statutes is amended to read:

AB889-ASA1,18,16 198.22 (6) Acquisition; construction; operation; sale of service; use of streets. The district shall have power and authority to own, acquire, and, subject to the restrictions applying to a municipality under s. 196.50 (4) (b), to construct any water utility or portion thereof, to operate, in whole or in part, in the district and to construct any addition or extension to any such utility. For such purpose the district is granted and shall have and exercise the right freely to use and occupy any public highway, street, way or place reasonably necessary to be used or occupied for the construction, operation or maintenance of such utility or any part thereof, subject, however, to the obligation of the district to replace said grounds in the same condition as they previously were in.

AB889-ASA1, s. 35 Section 35. Nonstatutory provisions.

AB889-ASA1,18,18 (1) Wireless 911 surcharge rules.

AB889-ASA1,18,19 (a) Definition. In this subsection, "board" means the wireless 911 board.

AB889-ASA1,19,4 (b) Board rules. If all of the members of the board are appointed and qualified on July 1, 2002, the board shall, using the procedure under section 227.24 of the statutes, promulgate the rules under section 146.70 (3m) (d) 3. of the statutes, as created by this act, for the period before permanent rules become effective, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the board is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.

AB889-ASA1,19,16 (c) Department of commerce rules. Notwithstanding section 146.70 (3m) (d) 3. of the statutes, as created by this act, if all of the members of the board are not appointed and qualified on July 1, 2002, the department of commerce shall, using the procedure under section 227.24 of the statutes, promulgate the rules under section 146.70 (3m) (d) 3. of the statutes, as created by this act, for the period before permanent rules become effective, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of commerce is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.

AB889-ASA1,19,20 (2) Initial members of wireless 911 board. Notwithstanding section 15.155 (5) (b) of the statutes, as created by this act, the initial members of the wireless 911 board under section 15.155 (5) (a) 5. and 6. of the statutes, as created by this act, shall be appointed to serve the following terms: