AB207-ASA1,11,1817 4. An affidavit signed by an officer or general partner of the applicant that
18affirms all of the following:
AB207-ASA1,11,2019 a. That the applicant has filed or will timely file with the FCC all forms required
20by the FCC in advance of offering video service.
AB207-ASA1,11,2221 b. That the applicant agrees to comply with this section and all applicable
22federal statutes and regulations.
AB207-ASA1,11,2423 c. That the applicant is legally, financially, and technically qualified to provide
24video service.
AB207-ASA1,11,2525 5. A description of the services that the applicant proposes to provide.
AB207-ASA1,12,1
16. An application fee of $1,000.
AB207-ASA1,12,62 (e) Service upon municipalities. 1. At the time that an applicant submits an
3application under par. (d), or a video service provider submits a notification
4regarding a modification to an application under par. (j), to the department, the
5applicant or video service provider shall serve a copy of the application or notification
6on each municipality in the video franchise area.
AB207-ASA1,12,127 2. a. This subdivision applies only to a municipality that, under subd. 1., is
8served a copy of an application or that, under subd. 1., is served a copy of a
9notification relating to an expansion of the area or areas of the state in which a video
10service provider intends to provide video service, if the municipality has not
11previously been served a copy of an application under subd. 1. by that video service
12provider.
AB207-ASA1,12,1913 b. If a municipality specified in subd. 2. a. has granted any cable franchise that
14is in effect immediately before the effective date of this subdivision .... [revisor inserts
15date], the municipality shall, no later than 10 business days after receipt of the copy,
16notify the applicant in writing of the number of PEG channels for which incumbent
17cable operators are required to provide channel capacity in the municipality and the
18percentage of revenues that incumbent cable operators are required to pay the
19municipality as franchise fees.
AB207-ASA1,12,2320 (f) Department duties. 1. No later than 15 business days after the filing of an
21application, the department shall notify the applicant in writing as to whether the
22application is complete and, if the department has determined that the application
23is not complete, the department shall state the reasons for the determination.
AB207-ASA1,13,924 2. No later than 15 business days after the filing of an application that the
25department has determined is complete, the department shall determine whether

1an applicant is legally, financially, and technically qualified to provide video service.
2If the department determines that an applicant is legally, financially, and technically
3qualified to provide video service, the department shall issue a video service
4franchise to the applicant. If the department determines that an applicant is not
5legally, financially, and technically qualified to provide video service, the department
6shall reject the application and shall state the reasons for the determination. If the
7department fails to make the determination, the department shall be considered to
8have issued a video service franchise to the applicant, unless the applicant
9withdraws the application or agrees with the department to an extension of time.
AB207-ASA1,13,1210 3. Notwithstanding subd. 2., if an applicant is a telecommunications utility or
11qualified cable operator, the department shall determine that the applicant is legally,
12financially, and technically qualified to provide video service.
AB207-ASA1,13,1513 4. The department shall promulgate rules for determining whether an
14applicant that is not a telecommunications utility or qualified cable operator is
15legally, financially, and technically qualified to provide video service.
AB207-ASA1,13,1916 (g) Effect of video service franchise. A video service franchise issued by the
17department authorizes a video service provider to occupy the public rights-of-way
18and to construct, operate, maintain, and repair a video service network to provide
19video service in the video franchise area.
AB207-ASA1,13,2220 (h) Notice before providing service. No later than 10 business days before
21providing video service in a municipality in a video franchise area, a video service
22provider shall provide notice to the department and the municipality.
AB207-ASA1,14,323 (i) Expiration and revocation of video service franchise. 1. Except as provided
24in subd. 2., a video service franchise issued to a video service provider does not expire,
25unless the video service provider gives 30 days' advance notice to the department

1that the video service provider intends to terminate the video service franchise. If
2a video service provider gives such notice, the video service franchise shall expire on
3the termination date stated in the notice.
AB207-ASA1,14,134 2. The department may revoke a video service franchise issued to a video
5service provider if the department determines that the video service provider has
6willfully and knowingly repeatedly failed to substantially meet a material
7requirement imposed upon it by this section and the department has not otherwise
8acquiesced in such noncompliance through a waiver. Before commencing a
9revocation proceeding, the department shall provide the video service provider
10written notice of the department's intention to revoke the franchise and the
11department's reasons for the revocation and afford the video service provider a
12reasonable opportunity to cure any alleged violation. A revocation proceeding under
13this subdivision is a contested case under ch. 227.
AB207-ASA1,14,2514 (j) Modifications. If there is any change in the information included in an
15application filed by a video service provider under this subsection, the video service
16provider shall notify the department and update the information within 10 business
17days after the change, except that if the video service provider determines to expand
18the area or areas of the state in which the video service provider intends to provide
19video service, the video service provider shall notify the department as soon as
20practicable after making such a determination but no later than 10 business days
21before providing video service in the expansion area or areas. A video service
22provider that makes a notification regarding a change in the information specified
23in par. (d) 2., 3., 4., or 5., shall include with the notification a fee of $100. No fee is
24required for a notification regarding a change in the information specified in par. (d)
251.
AB207-ASA1,15,8
1(4) Franchising authority. For purposes of 47 USC 521 to 573, the state is the
2exclusive franchising authority for video service providers in this state.
3Notwithstanding s. 66.0425 and except as provided in s. 182.017, no municipality
4may require a video service provider to obtain a franchise to provide video service or
5impose on a video service provider any fee or requirement relating to the construction
6of a video service network or the provision of video service, including any
7requirement to deploy facilities or equipment or any requirement regarding rates for
8video service, except as specifically authorized under this section.
AB207-ASA1,15,16 9(5) PEG channels. (a) Maximum number of PEG channels. 1. If an incumbent
10cable operator is providing channel capacity for PEG channels to a municipality
11under a cable franchise in effect immediately before the effective date of this
12subdivision .... [revisor inserts date], the municipality shall require each interim
13cable operator or video service provider that provides video service in the
14municipality to provide channel capacity for the same number of PEG channels for
15which channel capacity is provided immediately before the effective date of this
16subdivision .... [revisor inserts date].
AB207-ASA1,16,217 2. a. Except as provided in subd. 2. b. and c., if no incumbent cable operator is
18providing channel capacity for PEG channels to a municipality under a cable
19franchise that is in effect immediately before the effective date of this subd. 2. a. ....
20[revisor inserts date], then, if the municipality has a population of 50,000 or more,
21the municipality may require each interim cable operator and video service provider
22that provides video service in the municipality to provide channel capacity for up to
233 PEG channels, and, if the municipality has a population of less than 50,000, the
24municipality may require each interim cable operator and video service provider that

1provides video service in the municipality to provide channel capacity for no more
2than 2 PEG channels.
AB207-ASA1,16,83 b. If an interim cable operator or video service provider distributes video
4programming to more than one municipality through a single headend or video hub
5office and the aggregate population of the municipalities is 50,000 or more, the
6municipalities may not require the interim cable operator or video service provider
7to provide, in the aggregate, channel capacity for more than 3 PEG channels under
8subd. 2. a.
AB207-ASA1,16,149 c. If an interim cable operator or video service provider distributes video
10programming to more than one municipality through a single headend or video hub
11office and the aggregate population of the municipalities is less than 50,000, the
12municipalities may not require the interim cable operator or video service provider
13to provide, in the aggregate, channel capacity for more than 2 PEG channels under
14subd. 2. a.
AB207-ASA1,16,1815 3. An interim cable operator or video service provider shall provide any channel
16capacity for PEG channels required under this paragraph on any service tier that is
17viewed by more than 50 percent of the interim cable operator's or video service
18provider's customers.
AB207-ASA1,17,219 4. If a municipality is not required to provide notice to a video service provider
20under sub. (3) (e) 2., the video service provider's duty to provide any additional
21channel capacity for PEG channels that is required by the municipality under this
22paragraph first applies on the date that the video service provider begins to provide
23service in the municipality, and, if the municipality is required to provide notice
24under sub. (3) (e) 2., the video service provider's duty to provide any such additional
25channel capacity first applies on the date that the video service provider begins to

1provide video service in the municipality or on the 90th day after the video service
2provider receives the municipality's notice, whichever is later.
AB207-ASA1,17,123 (b) Exceptions. 1. a. Notwithstanding par. (a), an interim cable operator or
4video service provider may reprogram for any other purpose any channel capacity
5provided for a PEG channel required by a municipality under par. (a) if the PEG
6channel is not substantially utilized by the municipality. If the municipality certifies
7to the interim cable operator or video service provider that reprogrammed channel
8capacity for a PEG channel will be substantially utilized by the municipality, the
9interim cable operator or video service provider shall, no later than 120 days after
10receipt of the certification, restore the channel capacity for the PEG channel.
11Notwithstanding par. (a) 3., an interim cable operator or video service provider may
12provide restored channel capacity for a PEG channel on any service tier.
AB207-ASA1,17,1613 b. For purposes of this subdivision, a PEG channel is substantially utilized by
14a municipality if the municipality provides 40 hours or more of programming on the
15PEG channel each week and at least 60 percent of that programming is locally
16produced.
AB207-ASA1,17,2017 2. Notwithstanding par. (a), if a municipality fails to provide the notice
18specified in sub. (3) (e) 2. before the deadline specified in sub. (3) (e) 2., no interim
19cable operator or video service provider is required to provide channel capacity for
20any PEG channel until the 90th day after the municipality provides such notice.
AB207-ASA1,17,2421 (c) Powers and duties of municipalities. 1. Except as otherwise required under
22par. (a), a municipality may not require an interim cable operator or video service
23provider to provide any funds, services, programming, facilities, or equipment
24related to public, educational, or governmental use of channel capacity.
AB207-ASA1,18,6
12. The operation of any PEG channel for which a municipality requires an
2interim cable operator or video service provider to provide channel capacity under
3par. (a), and the production of any programming appearing on such a PEG channel,
4shall be the sole responsibility of the municipality and, except as provided in par. (d)
51., the interim cable operator or video service provider shall bear only the
6responsibility to transmit programming appearing on the PEG channel.
AB207-ASA1,18,97 3. A municipality that requires an interim cable operator or video service
8provider to provide channel capacity for a PEG channel under par. (a) shall do all of
9the following:
AB207-ASA1,18,1710 a. Ensure that all content and programming that the municipality provides or
11arranges to provide for transmission on the PEG channel is submitted to the interim
12cable operator or video service provider in a manner and form that is capable of being
13accepted and transmitted by the interim cable operator or video service provider over
14its video service network without changing the content or transmission signal and
15that is compatible with the technology or protocol, including Internet protocol
16television, utilized by the interim cable operator or video service provider to deliver
17video service.
AB207-ASA1,18,2118 b. Make the content and programming that the municipality provides or
19arranges to provide for transmission on a PEG channel available in a
20nondiscriminatory manner to all interim cable operators and video service providers
21that provide video service in the municipality.
AB207-ASA1,19,322 (d) Duties of interim cable providers and video service provider. 1. If a
23municipality requires an interim cable operator or video service provider to provide
24channel capacity for a PEG channel under par. (a), the interim cable operator or video
25service provider shall be required to provide only the first 200 feet of transmission

1line that is necessary to connect the interim cable operator's or video service
2provider's video service network to one distribution point used by the municipality
3to transmit programming for the PEG channel.
AB207-ASA1,19,134 2. If the interconnection of the video service networks of interim cable operators
5or video service providers is technically necessary and feasible for the transmission
6of programming for any PEG channel for which channel capacity is required by a
7municipality under par. (a), the interim cable operators and video service providers
8shall negotiate in good faith for interconnection on mutually acceptable rates, terms,
9and conditions, except that an interim cable operator or video service provider who
10requests interconnection is responsible for interconnection costs, including the cost
11of transmitting programming from its origination point to the interconnection point.
12Interconnection may be accomplished by direct cable, microwave link, satellite, or
13any other reasonable method.
AB207-ASA1,19,18 14(6) Institutional networks. Notwithstanding any franchise, ordinance, or
15resolution in effect on the effective date of this subsection .... [revisor inserts date],
16no state agency or municipality may require an interim cable operator or video
17service provider to provide any institutional network or equivalent capacity on its
18video service network.
AB207-ASA1,20,7 19(7) Video service provider fee. (a) Duty to pay fee. 1. Notwithstanding s.
2066.0611 and except as provided in subd. 2., a video service provider shall, on a
21quarterly calendar basis, calculate and pay to each municipality in which the video
22service provider provides video service a video service provider fee equal to the
23percentage of the video service provider's gross receipts that is specified in par. (b).
24A video service provider shall remit the fee to the municipality no later than 45 days
25after the end of each quarter. Except as provided in subd. 2. or par. (b) 1., if the

1municipality is not required to provide notice under sub. (3) (e) 2., the duty to remit
2the fee first applies to the quarter in which the video service provider begins to
3provide service in the municipality, and, if the municipality is required to provide
4notice under sub. (3) (e) 2., the duty to remit the fee first applies to the quarter in
5which the video service provider begins to provide service in the municipality or to
6the quarter that includes the 45th day after the video service provider receives the
7municipality's notice, whichever quarter is later.
AB207-ASA1,20,128 2. If a municipality fails to provide the notice specified in sub. (3) (e) 2. before
9the deadline specified in sub. (3) (e) 2., no video service provider is required to pay
10a video service provider fee, and no interim cable operator is required to pay a
11franchise fee, to the municipality until the 45th day after the end of the quarter in
12which the municipality provides the notice specified in sub. (3) (e) 2.
AB207-ASA1,20,1513 (b) Amount of fee. The percentage applied to a video service provider's gross
14receipts under par. (a) 1. for each municipality shall be 5 percent or one of the
15following percentages, whichever is less:
AB207-ASA1,20,2216 1. If no incumbent cable operator was required to pay a franchise fee equal to
17a percentage of gross revenues to the municipality immediately before the effective
18date of this subdivision .... [revisor inserts date], the municipality may specify a
19percentage of no more than 5 percent. The duty of a video service provider to pay the
20municipality a video service fee equal to such percentage shall first apply to the
21quarter that includes the 45th day after the municipality provides notice of the
22percentage to the video service provider.
AB207-ASA1,20,2523 2. If an incumbent cable operator was required to pay a franchise fee equal to
24a percentage of gross revenues to the municipality immediately before the effective
25date of this subdivision .... [revisor inserts date], that percentage.
AB207-ASA1,21,4
13. If more than one incumbent cable operator was required to pay a franchise
2fee equal to a percentage of gross revenues to the municipality immediately before
3the effective date of this subdivision .... [revisor inserts date], the lowest such
4percentage.
AB207-ASA1,21,75 (c) Generally accepted accounting principles. All determinations and
6computations made under this subsection shall be made pursuant to generally
7accepted accounting principles.
AB207-ASA1,21,128 (d) Record review. A municipality may, upon reasonable written request but
9no more than once in any 3-year period, for the purpose of ensuring proper and
10accurate payment of a video service provider fee, review the business records of a
11video service provider that is required to pay the municipality a video service
12provider fee.
AB207-ASA1,21,1813 (e) Actions to enforce payment. 1. A municipality or a video service provider
14may not bring an action concerning the amount of a video service provider fee
15allegedly due to the municipality unless the parties have first participated in and
16completed good faith settlement discussions. For purposes of any future litigation,
17all negotiations pursuant to this paragraph shall be treated as compromise
18negotiations under s. 904.08.
AB207-ASA1,21,2419 2. An action regarding a dispute over the amount of a video service provider fee
20paid or allegedly due under this subsection shall be commenced within 3 years
21following the end of the calendar quarter to which the disputed amount relates or be
22barred, unless the parties agree in writing to an extension of time. Notwithstanding
23ss. 814.01, 814.02, 814.03, and 814.035, no costs may be allowed in the action to
24either party.
AB207-ASA1,22,2
1(f) Itemization. A video service provider may identify and collect the amount
2related to a video service provider fee as a separate line item on customer bills.
AB207-ASA1,22,73 (g) Invalidity of other fees. If a video service provider pays video service
4provider fees to a municipality as required under this subsection, the municipality
5may not require the video service provider to pay any compensation under s. 66.0425,
6or, notwithstanding s. 182.017, any permit fee, encroachment fee, degradation fee,
7or any other fee, for the occupation of or work within public rights-of-way.
AB207-ASA1,22,11 8(8) Discrimination; access to services. (a) Discrimination prohibited. 1. No
9video service provider may deny access to video service to any group of potential
10residential customers in the video service provider's video franchise area because of
11the race or income of the residents in the local area in which the group resides.
AB207-ASA1,22,1312 2. It is a defense to an alleged violation of subd. 1. based on income if the video
13service provider has met either of the following conditions:
AB207-ASA1,22,1614 a. No later than 3 years after the date on which the video service provider began
15providing video service under this section, at least 25 percent of households with
16access to the video service provider's video service are low-income households.
AB207-ASA1,22,1917 b. No later than 5 years after the date on which the video service provider began
18providing video service under this section, at least 30 percent of the households with
19access to the video service provider's video service are low-income households.
AB207-ASA1,22,2220 (b) Access. 1. A large telecommunications video service provider shall provide
21access to its video service to the following percentages of households within the large
22telecommunications video service provider's basic local exchange service area:
AB207-ASA1,22,2523 a. Not less than 35 percent no later than 3 years after the date on which the
24large telecommunications video service provider began providing video service
25under this section.
AB207-ASA1,23,5
1b. Not less than 50 percent no later than 5 years after the date on which the
2large telecommunications video service provider began providing video service
3under this section, or no later than 2 years after at least 30 percent of households
4with access to the large telecommunications video service provider's video service
5subscribe to the service for 6 consecutive months, whichever occurs later.
AB207-ASA1,23,86 2. A large telecommunications video service provider shall file an annual report
7with the department regarding the large telecommunications video service
8provider's progress in complying with subd. 1.
AB207-ASA1,23,159 (c) Extensions and waivers. A video service provider may apply to the
10department for an extension of any time limit specified in par. (a) 2. or (b) or a waiver
11of a requirement to comply with par. (b). The department shall grant the extension
12or waiver if the video service provider demonstrates to the satisfaction of the
13department that the video service provider has made substantial and continuous
14efforts to comply with the requirements of this subsection and that the extension or
15waiver is necessary due to one or more of the following factors:
AB207-ASA1,23,1716 1. The video service provider's inability to obtain access to public and private
17rights-of-way under reasonable terms and conditions.
AB207-ASA1,23,1918 2. Developments and buildings that are not subject to competition because of
19exclusive service arrangements.
AB207-ASA1,23,2120 3. Developments and buildings that are not accessible using reasonable
21technical solutions under commercially reasonable terms and conditions.
AB207-ASA1,23,2222 4. Natural disasters.
AB207-ASA1,23,2323 5. Other factors beyond the control of the video service provider.
AB207-ASA1,24,3
1(d) Alternative technologies. A video service provider may satisfy the
2requirements of this subsection through the use of an alternative technology, other
3than satellite service, that does all of the following:
AB207-ASA1,24,64 1. Offers service, functionality, and content demonstrably similar to the
5service, functionality, and content provided through the video service provider's
6video service network.
AB207-ASA1,24,87 2. Provides access to PEG channels and messages broadcast over the
8emergency alert system.
AB207-ASA1,24,149 (e) Limitations. Notwithstanding any other provision of this section, a
10telecommunications video service provider is not required to provide video service
11outside the provider's basic local exchange service area, and a video service provider
12that is an incumbent cable operator is not required to provide video service outside
13the area in which the incumbent cable operator provided cable service at the time the
14department issued a video service franchise to the incumbent cable operator.
AB207-ASA1,24,20 15(9) Customer service standards. (a) Except as provided in par. (b), upon 90
16days' advance notice, a municipality may require a video service provider to comply
17with the customer service standards specified in 47 CFR 76.309 (c) in its provision
18of video service. Neither the department nor any municipality shall have the
19authority to impose additional or different customer service standards that are
20specific to the provision of video service.
AB207-ASA1,25,221 (b) No video service provider that provides video service in a municipality may
22be subject to any customer service standards if there is at least one other person
23offering cable or video service in the municipality or if the video service provider is
24subject to effective competition, as determined under 47 CFR 76.905, in the
25municipality. This paragraph does not apply to any customer service standards

1promulgated by rule by the department of agriculture, trade and consumer
2protection.
AB207-ASA1,25,4 3(9m) Local broadcast stations. (a) In this subsection, a "noncable video
4service provider" means a video service provider that is not a cable operator.
AB207-ASA1,25,105 (b) If a local broadcast station is authorized to exercise against a cable operator
6the right to require mandatory carriage under 47 USC 534, or the right to grant or
7withhold retransmission consent under 47 USC 325 (b), the local broadcast station
8may exercise the same right against a noncable video service provider to the same
9extent as the local broadcast station may exercise such right against a cable operator
10under federal law.
AB207-ASA1,25,1411 (c) A noncable video service provider shall transmit, without degradation, the
12signals that a local broadcast station delivers to the noncable video service provider,
13but is not required to utilize the same or similar reception technology as the local
14broadcast station or the programming providers of the local broadcast station.
AB207-ASA1,25,1515 (d) A noncable video service provider may not do any of the following:
AB207-ASA1,25,1816 1. Discriminate among or between local broadcast stations, or programming
17providers of local broadcast stations, with respect to the transmission of their
18signals.
AB207-ASA1,25,2019 2. Delete, change, or alter a copyright identification transmitted as part of a
20local broadcast station's signal.
AB207-ASA1,26,4 21(10) Limitation on rate regulation. The department or a municipality may not
22regulate the rates charged for any video service by an interim cable operator or video
23service provider that provides video service in a municipality if at least one other
24interim cable operator or video service provider is providing video service in the
25municipality and the other interim cable operator or video service provider is not an

1affiliate of the interim cable operator or video service provider. This subsection
2applies regardless of whether any affected interim cable operator or video service
3provider has sought a determination from the FCC regarding effective competition
4under 47 CFR 76.905.
AB207-ASA1,26,15 5(11) Transfer of video service franchise. A person who is issued a video
6service franchise may transfer the video service franchise to any
7successor-in-interest, including a successor-in-interest that arises through
8merger, sale, assignment, restructuring, change of control, or any other transaction.
9No later than 10 days after the transfer is completed, the person originally issued the
10video service franchise shall provide notice of the transfer to the department and to
11any municipality in which the person has provided video service, and the person to
12whom the video service franchise is transferred shall submit the information and
13affidavit specified in sub. (3) (d) 1. and 4. to the department and to any such
14municipality. Neither the department nor any municipality shall have any authority
15to review or approve the transfer.
AB207-ASA1,26,18 16(13) Rule-making; enforcement. (a) Notwithstanding s. 227.11 and except as
17provided in sub. (3) (f) 4., the department may not promulgate rules interpreting or
18establishing procedures for this section.
AB207-ASA1,26,2519 (b) Except as provided in sub. (7) (e), a municipality, interim cable operator, or
20video service provider that is affected by a failure to comply with this section may
21bring an action to enforce this section. If a court finds that a municipality, interim
22cable operator, or video service provider has not complied with this section, the court
23shall order the municipality, interim cable operator, or video service provider to
24comply with this section. Notwithstanding ss. 814.01, 814.02, 814.03, and 814.035,
25no costs may be allowed in an action under this paragraph to any party.
AB207-ASA1,27,2
1(c) Any violation of this section may be enforced by an action on behalf of the
2state by the department of justice.
AB207-ASA1, s. 9 3Section 9. 66.0421 (title) of the statutes is amended to read:
AB207-ASA1,27,4 466.0421 (title) Access to cable video service.
AB207-ASA1, s. 10 5Section 10. 66.0421 (1) (a) of the statutes is repealed.
AB207-ASA1, s. 11 6Section 11. 66.0421 (1) (b) of the statutes is repealed.
AB207-ASA1, s. 12 7Section 12. 66.0421 (1) (c) of the statutes is created to read:
AB207-ASA1,27,88 66.0421 (1) (c) "Video service" has the meaning given in s. 66.0420 (2) (y).
AB207-ASA1, s. 13 9Section 13. 66.0421 (1) (d) of the statutes is created to read:
AB207-ASA1,27,1110 66.0421 (1) (d) "Video service provider" has the meaning given in s. 66.0420 (2)
11(zg), and also includes an interim cable operator, as defined in s. 66.0420 (2) (n).
AB207-ASA1, s. 14 12Section 14. 66.0421 (2) of the statutes is amended to read:
AB207-ASA1,27,2013 66.0421 (2) Interference prohibited. The owner or manager of a multiunit
14dwelling under common ownership, control or management or of a mobile home park
15or the association or board of directors of a condominium may not prevent a cable
16operator
video service provider from providing cable video service to a subscriber who
17is a resident of the multiunit dwelling, mobile home park or of the condominium or
18interfere with a cable operator video service provider providing cable video service
19to a subscriber who is a resident of the multiunit dwelling, mobile home park or of
20the condominium.
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