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.
AB207-ASA1, s. 15 21Section 15. 66.0421 (3) of the statutes is amended to read:
AB207-ASA1,28,622 66.0421 (3) Installation in multiunit building. Before installation, a cable
23operator
video service provider shall consult with the owner or manager of a
24multiunit dwelling or with the association or board of directors of a condominium to
25establish the points of attachment to the building and the methods of wiring. A cable

1operator
video service provider shall install facilities to provide cable video service
2in a safe and orderly manner and in a manner designed to minimize adverse effects
3to the aesthetics of the multiunit dwelling or condominium. Facilities installed to
4provide cable video service may not impair public safety, damage fire protection
5systems or impair fire-resistive construction or components of a multiunit dwelling
6or condominium.
AB207-ASA1, s. 16 7Section 16. 66.0421 (4) of the statutes is amended to read:
AB207-ASA1,28,108 66.0421 (4) Repair responsibility. A cable operator video service provider is
9responsible for any repairs to a building required because of the construction,
10installation, disconnection or servicing of facilities to provide cable video service.
AB207-ASA1, s. 17 11Section 17. 66.0422 (title) of the statutes is amended to read:
AB207-ASA1,28,13 1266.0422 (title) Cable television Video service, telecommunications, and
13broadband facilities.
AB207-ASA1, s. 18 14Section 18. 66.0422 (1) (a) of the statutes is repealed.
AB207-ASA1, s. 19 15Section 19. 66.0422 (1) (d) of the statutes is created to read:
AB207-ASA1,28,1616 66.0422 (1) (d) "Video service" has the meaning given in s. 66.0420 (2) (y).
AB207-ASA1, s. 20 17Section 20. 66.0422 (2) (intro.) of the statutes is amended to read:
AB207-ASA1,28,2218 66.0422 (2) (intro.) Except as provided in subs. (3), (3d), (3m), and (3n), no local
19government may enact an ordinance or adopt a resolution authorizing the local
20government to construct, own, or operate any facility for providing cable video
21service, telecommunications service, or broadband service, directly or indirectly, to
22the public, unless all of the following are satisfied:
AB207-ASA1, s. 21 23Section 21. 66.0422 (3) (b) of the statutes is amended to read:
AB207-ASA1,29,524 66.0422 (3) (b) A majority of the governing board of the local government votes
25to submit the question of supporting the operation of the facility for providing cable

1video service, telecommunications service, or Internet access service, directly or
2indirectly to the public, by the local government to the electors in an advisory
3referendum and a majority of the voters in the local government voting at the
4advisory referendum vote to support operation of such a facility by the local
5government.
AB207-ASA1, s. 22 6Section 22. 66.0422 (3n) of the statutes is amended to read:
AB207-ASA1,29,87 66.0422 (3n) Subsection (2) does not apply to a local government that, on March
81, 2004, was providing cable video service to the public.
AB207-ASA1, s. 23 9Section 23. 70.111 (25) of the statutes is amended to read:
AB207-ASA1,29,1210 70.111 (25) Digital broadcasting equipment. Digital broadcasting equipment
11owned and used by a radio station, television station, or cable television system video
12service network
, as defined in s. 66.0419 (2) (d) 66.0420 (2) (zb).
AB207-ASA1, s. 24 13Section 24. 76.80 (3) of the statutes is amended to read:
AB207-ASA1,29,1814 76.80 (3) "Telecommunications services" means the transmission of voice,
15video, facsimile or data messages, including telegraph messages, except that
16"telecommunications services" does not include cable television video service, as
17defined in s. 66.0420 (2) (y)
, radio, one-way radio paging or transmitting messages
18incidental to transient occupancy in hotels, as defined in s. 254.61 (3).
AB207-ASA1, s. 25 19Section 25. 77.52 (2) (a) 12. of the statutes is amended to read:
AB207-ASA1,29,2120 77.52 (2) (a) 12. The sale of cable television system services, or video services,
21as defined in s. 66.0420 (2) (y),
including installation charges.
AB207-ASA1, s. 26 22Section 26. 100.195 (1) (c) 2. of the statutes, as created by 2005 Wisconsin Act
23458
, is amended to read:
AB207-ASA1,29,2424 100.195 (1) (c) 2. Telecommunications services or cable television services.
AB207-ASA1, s. 27
1Section 27. 100.195 (1) (h) 1. of the statutes, as created by 2005 Wisconsin Act
2458
, is repealed and recreated to read:
AB207-ASA1,30,33 100.195 (1) (h) 1. Video service, as defined in s. 66.0420 (2) (y).
AB207-ASA1, s. 28 4Section 28. 100.209 of the statutes is repealed.
AB207-ASA1, s. 29 5Section 29. 165.25 (4) (ar) of the statutes, as affected by 2005 Wisconsin Act
6458
, is amended to read:
AB207-ASA1,30,127 165.25 (4) (ar) The department of justice shall furnish all legal services
8required by the department of agriculture, trade and consumer protection relating
9to the enforcement of ss. 100.171, 100.173, 100.174, 100.175, 100.177, 100.18,
10100.182, 100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.37, 100.42, 100.50,
11100.51, and 100.195 and chs. 126, 136, 344, 704, 707, and 779, together with any
12other services as are necessarily connected to the legal services.
AB207-ASA1, s. 30 13Section 30. 182.017 (1) of the statutes is renumbered 182.017 (1r) and
14amended to read:
AB207-ASA1,31,515 182.017 (1r) Right-of-way for. Any domestic corporation organized to furnish
16telegraph or telecommunications service or transmit heat, power or electric current
17to the public or for public purposes, an independent system operator, as defined in
18s. 196.485 (1) (d), an independent transmission owner, as defined in s. 196.485 (1)
19(dm), or a cooperative association organized under ch. 185 or 193 to furnish telegraph
20or telecommunications service or a cooperative organized under ch. 185 to transmit
21heat, power or electric current to its members,
company may, subject to ss. 30.44
22(3m), 30.45, 86.16, and 196.491 (3) (d) 3m. and to reasonable regulations made by any
23city, village or town municipality through which its transmission lines or systems
24may pass, construct and maintain such lines or systems with all necessary
25appurtenances in, across or beneath any public highway or bridge or any stream or

1body of water, or upon any lands of any owner consenting thereto, and for such
2purpose may acquire lands or the necessary easements; and may connect and operate
3its lines or system with other lines or systems devoted to like business, within or
4without this state, and charge reasonable rates for the transmission and delivery of
5messages or the furnishing of heat, power, or electric light.
AB207-ASA1, s. 31 6Section 31. 182.017 (1g) of the statutes is created to read:
AB207-ASA1,31,77 182.017 (1g) Definitions. In this section:
AB207-ASA1,31,88 (a) "Commission" means the public service commission.
AB207-ASA1,31,99 (b) "Company" means any of the following:
AB207-ASA1,31,1210 1. A domestic corporation organized to furnish telegraph or
11telecommunications service or transmit heat, power, or electric current to the public
12or for public purposes.
AB207-ASA1,31,1313 2. An independent system operator, as defined in s. 196.485 (1) (d).
AB207-ASA1,31,1414 3. An independent transmission owner, as defined in s. 196.485 (1) (dm).
AB207-ASA1,31,1615 4. A cooperative association organized under ch. 185 or 193 to furnish telegraph
16or telecommunications service.
AB207-ASA1,31,1817 5. A cooperative association organized under ch. 185 to transmit heat, power,
18or electric current to its members.
AB207-ASA1,31,1919 6. An interim cable operator, as defined in s. 66.0420 (2) (n).
AB207-ASA1,31,2020 7. A video service provider, as defined in s. 66.0420 (2) (zg).
AB207-ASA1,31,2121 (c) "Municipality" means a city, village, or town.
AB207-ASA1, s. 32 22Section 32. 182.017 (3) of the statutes is amended to read:
AB207-ASA1,32,723 182.017 (3) Abandoned lines removed. The public service commission after a
24public hearing as provided in s. 196.26, and subject to the right of review as provided
25in ch. 227, may declare any line to have been abandoned or discontinued, if the facts

1warrant such finding. Whenever such a finding shall have been made the
2corporation company shall remove such line, and on failure for 3 months after such
3finding of abandonment or discontinuance, any person owning land over, through or
4upon which such line shall pass, may remove the same, or the supervisors of any town
5within which said lines may be situated, may remove the said lines from the limits
6of its highways, and such person or supervisors shall be entitled to recover from the
7company owning the lines the expense for labor involved in removing the property.
AB207-ASA1, s. 33 8Section 33. 182.017 (5) of the statutes is amended to read:
AB207-ASA1,32,149 182.017 (5) Tree trimming. Any such corporation company which shall in any
10manner destroy, trim or injure any shade or ornamental trees along any such lines
11or systems, or, in the course of tree trimming or removal, cause any damage to
12buildings, fences, crops, livestock or other property, except by the consent of the
13owner, or after the right so to do has been acquired, shall be liable to the person
14aggrieved in 3 times the actual damage sustained, besides costs.
AB207-ASA1, s. 34 15Section 34. 182.017 (6) of the statutes is amended to read:
AB207-ASA1,32,1916 182.017 (6) Municipal franchise required. No lighting or heating corporation
17or lighting or heating cooperative association shall have any right hereunder in any
18city, village or town municipality until it has obtained a franchise or written consent
19for the erection or installation of its lines from such city, village or town municipality.
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