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-AA1,1,76
196.219
(3m) Retail and wholesale services. (a)
Definitions. In this
7subsection:
AB889-ASA1-AA1,1,108
1. "Large price-regulated telecommunications utility" means a
9price-regulated telecommunications utility that has more than 500,000 access lines
10in use in this state at the time of electing to become price regulated.
AB889-ASA1-AA1,2,3
12. "Price-regulated telecommunications utility" means a price-regulated
2telecommunications utility with 50,000 or more access lines in this state on the
3effective date of this subdivision .... [revisor inserts date].
AB889-ASA1-AA1,2,54
3. "Retail services" means basic residential and business telecommunications
5services.
AB889-ASA1-AA1,2,116
4. "Wholesale services" means telecommunications services, products, or
7facilities, provided by a telecommunications utility to a telecommunications
8provider, including preordering, ordering and provisioning, maintenance and repair,
9network performance, unbundled elements, operator services and directory
10assistance, system performance, service center availability, billing, and any other
11service that the commission specifies by order.
AB889-ASA1-AA1,2,1512
(b)
Retail services. 1. No later than 90 days after the effective date of this
13subdivision .... [revisor inserts date], after notice and reasonable opportunity for
14hearing, the commission shall issue an order establishing standards for retail
15services applicable to a large price-regulated telecommunications utility.
AB889-ASA1-AA1,2,2316
2. The commission may issue an order establishing standards for retail services
17applicable to a price-regulated telecommunications utility other than a large
18price-regulated telecommunications utility only if the commission finds, after notice
19and reasonable opportunity for hearing, that the price-regulated
20telecommunications utility has engaged in a demonstrable pattern of poor retail
21service that was not caused by poor wholesale service from a telecommunications
22utility, or has intentionally violated any state or federal law, rule, regulation, or order
23relating to retail service.
AB889-ASA1-AA1,3,324
3. The commission may, by order under s. 196.37, require a price-regulated
25telecommunications utility subject to the standards under subd. 1. or 2. to make
1payments to the commission or issue credits to retail customers who are affected by
2the utility's failure to comply with the standards. Any payments to the commission
3under this subdivision shall be credited to the appropriation under s. 20.155 (1) (Lm).
AB889-ASA1-AA1,3,64
4. Any standards established under this paragraph shall expire 3 years after
5they are established and will not apply thereafter unless renewed by the commission
6in an order issued after notice and reasonable opportunity for hearing.
AB889-ASA1-AA1,3,107
(c)
Wholesale service standards. 1. A price-regulated telecommunications
8utility shall provide wholesale services, including interconnection, collocation, and
9network elements, to telecommunications providers in a manner that promotes the
10maximum development of competitive telecommunications offerings in this state.
AB889-ASA1-AA1,3,1411
2. The commission shall issue an order establishing standards for wholesale
12services applicable to a large price-regulated telecommunications utility. The
13standards must be designed to facilitate the provision of reasonable and
14nondiscriminatory wholesale services.
AB889-ASA1-AA1,3,2115
3. The commission may issue an order establishing standards for wholesale
16services applicable to a price-regulated telecommunications utility other than a
17large price-regulated telecommunications utility only if the commission finds, after
18notice and reasonable opportunity for hearing, that the price-regulated
19telecommunications utility has engaged in a demonstrable pattern of poor wholesale
20service or has intentionally violated any state or federal law, rule, regulation, or
21order relating to wholesale service.
AB889-ASA1-AA1,4,422
4. The commission may, by order under s. 196.37, require a price-regulated
23telecommunications utility subject to the standards under subd. 2. or 3. to make
24payments to the commission or to a telecommunications provider who is affected by
25the utility's failure to comply with the standards. The commission may require the
1payments be made automatically upon the price-regulated telecommunications
2utility's filing of reports showing the utility's failure to meet the standards. Any
3payments to the commission under this subdivision shall be credited to the
4appropriation under s. 20.155 (1) (Lm).".
AB889-ASA1-AA1,4,77
227.01
(13) (cm) Is an order under s. 196.219 (3m) (a) 4., (b), or (c).".