Amendment ASA1-AB889

AB889-ASA1,2,23 (b) The members appointed under par. (a) 5. and 6. shall serve 3-year terms and may not serve more than 2 consecutive terms.

AB889-ASA1, s. 2 Section 2. 20.143 (3) (je) of the statutes is created to read:

AB889-ASA1,3,5 20.143 (3) (je) Wireless 911 board general program operations. Two and one-half percent of all moneys received under s. 146.70 (3m) (d) 3. for general program operations of the wireless 911 board, including contracting for audits under s. 146.70 (3m) (b) 5.

AB889-ASA1, s. 3 Section 3. 20.143 (3) (jm) of the statutes is created to read:

AB889-ASA1,3,10 20.143 (3) (jm) Wireless provider grants. Forty-eight and three-fourths percent of all moneys received under s. 146.70 (3m) (d) 3. for the wireless 911 board to make grants to wireless providers under s. 146.70 (3m) (b) 2. and to make transfers to the appropriation under par. (kv) as provided under s. 146.70 (3m) (b) 3.

AB889-ASA1, s. 4 Section 4. 20.143 (3) (js) of the statutes is created to read:

AB889-ASA1,3,15 20.143 (3) (js) Public agency and wireless provider grants. Forty-eight and three-fourths percent of all moneys received under s. 146.70 (3m) (d) 3. for the wireless 911 board to make grants to public agencies under s. 146.70 (3m) (b) 1. and to wireless providers under s. 146.70 (3m) (b) 3.

AB889-ASA1, s. 5 Section 5. 20.143 (3) (kv) of the statutes is created to read:

AB889-ASA1,3,19 20.143 (3) (kv) Public agency grants. All moneys transferred from the appropriation account under par. (jm) for the wireless 911 board to make grants to public agencies under s. 146.70 (3m) (b) 1.

AB889-ASA1, s. 6 Section 6. 93.01 (1r) of the statutes is created to read:

AB889-ASA1,3,23 93.01 (1r) "Civil investigative demand" means a written document prepared by the department that is related to the enforcement of chs. 93 to 100 and that orders a person to do any of the following:

AB889-ASA1,3,25 (a) Provide originals or copies of documents, records, or reports in the person's custody.

AB889-ASA1,4,2 (b) Answer specific questions submitted by the department in the form of written depositions, interrogatories, or requests for admissions.

AB889-ASA1,4,4 (c) Allow employees of the department to review and copy documents, records, or reports in the person's custody.

AB889-ASA1, s. 7 Section 7. 93.14 (1m) of the statutes is created to read:

AB889-ASA1,4,8 93.14 (1m) (a) Any person who has been served with a department complaint, notice, order, or other process as authorized in s. 93.18 (5) shall be subject to the department's authority and jurisdiction, as limited by par. (b).

AB889-ASA1,4,10 (b) The department's jurisdiction may not exceed the jurisdiction granted to courts under s. 815.05.

AB889-ASA1, s. 8 Section 8. 93.14 (3) of the statutes is amended to read:

AB889-ASA1,4,14 93.14 (3) Any person who shall unlawfully fail to attend as a witness, fail to comply with a subpoena, order, or civil investigative demand, or refuse to testify may be coerced as provided in s. 885.12.

AB889-ASA1, s. 9 Section 9. 93.15 (1) of the statutes is amended to read:

AB889-ASA1,4,20 93.15 (1) The department may, by general or special order, require persons engaged in business to file with the department, at such time and in such manner as the department may direct, sworn or unsworn reports or sworn or unsworn answers in writing to specific questions, as to any matter which the department may investigate.

AB889-ASA1, s. 10 Section 10. 93.15 (2) of the statutes is amended to read:

AB889-ASA1,5,2 93.15 (2) The department or any of its authorized agents may have access to and may copy any document, or any part thereof, which of a document, that is in the possession or under the control of any person engaged in business, if such the document, or such part thereof of the document, is relevant to any matter which that the department may investigate.

AB889-ASA1, s. 11 Section 11. 100.207 (1) of the statutes is renumbered 100.207 (1) (intro.) and amended to read:

AB889-ASA1,5,6 100.207 (1) Definition Definitions. (intro.) In this section, "telecommunications:

AB889-ASA1,5,7 (b) "Telecommunications service" has the meaning given in s. 196.01 (9m).

AB889-ASA1, s. 12 Section 12. 100.207 (1) (a) of the statutes is created to read:

AB889-ASA1,5,10 100.207 (1) (a) "Telecommunications provider" has the meaning given in s. 196.01 (8p).

AB889-ASA1, s. 13 Section 13. 100.207 (1) (c) of the statutes is created to read:

AB889-ASA1,5,14 100.207 (1) (c) "Telecommunications subscription" means a contract between a telecommunications provider and a customer for a telecommunications service that is always provided to the customer during each billing period.

AB889-ASA1, s. 14 Section 14. 100.207 (3g) of the statutes is created to read:

AB889-ASA1,5,18 100.207 (3g) Billing for other services. (a) A telecommunications provider may not bill a customer for any goods or services, other than telecommunications services, unless all of the following apply:

AB889-ASA1,5,20 1. The telecommunications provider reasonably believes that the customer knowingly consented to the billing.

AB889-ASA1,5,23 2. The telecommunications provider confirms with the customer, before providing the telecommunications service, that the customer knowingly consented to the billing.

AB889-ASA1,5,25 (b) If a customer consents to being billed under par. (a), all of the following shall apply:

AB889-ASA1,6,4 1. The telecommunications provider shall distinguish the billing for the other goods or services from the billing for the telecommunications service in a conspicuous manner. The department shall promulgate rules establishing requirements for complying with this subdivision.

AB889-ASA1,6,6 2. The telecommunications provider shall provide a detailed itemized listing of the charges for the goods or services if requested to do so by the customer.

AB889-ASA1, s. 15 Section 15. 100.207 (3m) of the statutes is created to read:

AB889-ASA1,6,10 100.207 (3m) Telecommunications service confirmation. (a) A telecommunications provider may not provide a telecommunications service to a customer unless all of the following apply:

AB889-ASA1,6,12 1. The telecommunications provider reasonably believes that the customer knowingly consented to receive the service.

AB889-ASA1,6,15 2. The telecommunications provider confirms with the customer, before providing the telecommunications service, that the customer knowingly consented to receive the service.

AB889-ASA1,6,19 3. At the time that the telecommunications provider provides confirmation under subd. 2., the telecommunications provider informs the customer that he or she may, before the service is activated, withdraw his or her consent to receive the service and informs the customer of the manner by which that consent may be withdrawn.

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.