Amendment AA1-ASA1-AB889

LRBa1492/1

MDK:kmg:pg

2001 - 2002 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2001 ASSEMBLY BILL 889

March 5, 2002 - Offered by Committee on Information Policy and Technology.

AB889-ASA1-AA1,1,1 At the locations indicated, amend the substitute amendment as follows:

AB889-ASA1-AA1,1,3 1. Page 2, line 3: after the semicolon insert "retail and wholesale telecommunications standards;".

AB889-ASA1-AA1,1,4 2. Page 13, line 24: after that line insert:

AB889-ASA1-AA1,1,5 " Section 27m. 196.219 (3m) of the statutes is created to read:

AB889-ASA1-AA1,1,7 196.219 (3m) Retail and wholesale services. (a) Definitions. In this subsection:

AB889-ASA1-AA1,1,10 1. "Large price-regulated telecommunications utility" means a price-regulated telecommunications utility that has more than 500,000 access lines in use in this state at the time of electing to become price regulated.

AB889-ASA1-AA1,2,3 2. "Price-regulated telecommunications utility" means a price-regulated telecommunications utility with 50,000 or more access lines in this state on the effective date of this subdivision .... [revisor inserts date].

AB889-ASA1-AA1,2,5 3. "Retail services" means basic residential and business telecommunications services.

AB889-ASA1-AA1,2,11 4. "Wholesale services" means telecommunications services, products, or facilities, provided by a telecommunications utility to a telecommunications provider, including preordering, ordering and provisioning, maintenance and repair, network performance, unbundled elements, operator services and directory assistance, system performance, service center availability, billing, and any other service that the commission specifies by order.

AB889-ASA1-AA1,2,15 (b) Retail services. 1. No later than 90 days after the effective date of this subdivision .... [revisor inserts date], after notice and reasonable opportunity for hearing, the commission shall issue an order establishing standards for retail services applicable to a large price-regulated telecommunications utility.

AB889-ASA1-AA1,2,23 2. The commission may issue an order establishing standards for retail services applicable to a price-regulated telecommunications utility other than a large price-regulated telecommunications utility only if the commission finds, after notice and reasonable opportunity for hearing, that the price-regulated telecommunications utility has engaged in a demonstrable pattern of poor retail service that was not caused by poor wholesale service from a telecommunications utility, or has intentionally violated any state or federal law, rule, regulation, or order relating to retail service.

AB889-ASA1-AA1,3,3 3. The commission may, by order under s. 196.37, require a price-regulated telecommunications utility subject to the standards under subd. 1. or 2. to make payments to the commission or issue credits to retail customers who are affected by the utility's failure to comply with the standards. Any payments to the commission under this subdivision shall be credited to the appropriation under s. 20.155 (1) (Lm).

AB889-ASA1-AA1,3,6 4. Any standards established under this paragraph shall expire 3 years after they are established and will not apply thereafter unless renewed by the commission in an order issued after notice and reasonable opportunity for hearing.

AB889-ASA1-AA1,3,10 (c) Wholesale service standards. 1. A price-regulated telecommunications utility shall provide wholesale services, including interconnection, collocation, and network elements, to telecommunications providers in a manner that promotes the maximum development of competitive telecommunications offerings in this state.

AB889-ASA1-AA1,3,14 2. The commission shall issue an order establishing standards for wholesale services applicable to a large price-regulated telecommunications utility. The standards must be designed to facilitate the provision of reasonable and nondiscriminatory wholesale services.

AB889-ASA1-AA1,3,21 3. The commission may issue an order establishing standards for wholesale services applicable to a price-regulated telecommunications utility other than a large price-regulated telecommunications utility only if the commission finds, after notice and reasonable opportunity for hearing, that the price-regulated telecommunications utility has engaged in a demonstrable pattern of poor wholesale service or has intentionally violated any state or federal law, rule, regulation, or order relating to wholesale service.

AB889-ASA1-AA1,4,4 4. The commission may, by order under s. 196.37, require a price-regulated telecommunications utility subject to the standards under subd. 2. or 3. to make payments to the commission or to a telecommunications provider who is affected by the utility's failure to comply with the standards. The commission may require the payments be made automatically upon the price-regulated telecommunications utility's filing of reports showing the utility's failure to meet the standards. Any payments to the commission under this subdivision shall be credited to the appropriation under s. 20.155 (1) (Lm).".

AB889-ASA1-AA1,4,5 3. Page 18, line 16: after that line insert:

AB889-ASA1-AA1,4,6 " Section 34m. 227.01 (13) (cm) of the statutes is created to read:

AB889-ASA1-AA1,4,7 227.01 (13) (cm) Is an order under s. 196.219 (3m) (a) 4., (b), or (c).".

AB889-ASA1-AA1,4,8 (End)