Amendment AA2-SA1-AB207

LRBa0917/1

MDK:kjf:rs

2007 - 2008 LEGISLATURE

ASSEMBLY AMENDMENT 2, TO SENATE AMENDMENT 1, TO 2007 ASSEMBLY BILL 207

December 11, 2007 - Offered by Representatives Hebl, Smith, Gronemus, Vruwink, Krusick, Hixson and Sheridan.

AB207-SA1-AA2,1,1 At the locations indicated, amend the amendment as follows:

AB207-SA1-AA2,1,2 1. Page 1, line 3: after that line insert:

AB207-SA1-AA2,1,4 "1m. Page 33, line 19: delete the material beginning with that line and ending with page 35, line 19, and substitute:

AB207-SA1-AA2,1,5 " Section 27c. 100.209 of the statutes is repealed and recreated to read:

AB207-SA1-AA2,1,7 100.209 Video service standards; privacy protection. (1) Definitions. In this section:

AB207-SA1-AA2,1,9 (a) "Basic video service" means any video service offering or service tier which includes the retransmission of local television broadcast signals.

AB207-SA1-AA2,1,11 (b) "Cable or video provider" means an interim cable operator or a video service provider.

AB207-SA1-AA2,1,12 (c) "Interim cable operator" has the meaning given in s. 66.0420 (2) (n).

AB207-SA1-AA2,2,1 (d) "Municipality" means a city, village, or town.

AB207-SA1-AA2,2,3 (e) "Normal business hours" means, with respect to a business, those hours during which most similar businesses in a municipality are open to serve customers.

AB207-SA1-AA2,2,10 (f) "Normal operating conditions" means, with respect to a video provider, those service conditions that are within the control of the video programming provider. "Normal operating conditions" includes special promotions; pay-per-view events; regular, peak, or seasonal demand periods; and maintenance or upgrade of a service network. "Normal operating conditions" does not include natural disasters, civil disturbances, power outages, telephone network outages, or severe or unusual weather conditions.

AB207-SA1-AA2,2,12 (g) "Service interruption" means the loss of picture or sound on one or more video channels.

AB207-SA1-AA2,2,15 (h) "Service line drop" means the point of connection between a premises and the facilities of a cable or video provider that enables the premises to receive video service.

AB207-SA1-AA2,2,17 (i) "Service tier" means a category of video service for which a separate rate is charged.

AB207-SA1-AA2,2,21 (j) "Video programming provider" means a multichannel video programming distributor, as defined in 47 USC 522 (13), but does not include a landlord whose provision of video service is limited to providing video service to a single-family home or other residential dwelling consisting of 4 units or less.

AB207-SA1-AA2,2,22 (k) "Video franchise area" has the meaning given in s. 66.0420 (2) (w).

AB207-SA1-AA2,2,24 (L) "Video service" means multiple channels of video programming, as defined in 47 USC 522 (20).

AB207-SA1-AA2,2,25 (m) "Video service network" has the meaning given in s. 66.0420 (2) (zb).

AB207-SA1-AA2,3,1 (n) "Video service provider" has the meaning given in s. 66.0420 (2) (zg).

AB207-SA1-AA2,3,5 (2) Applicability. Notwithstanding sub. (1) (j), a video programming provider that provides video service through a master antenna television, satellite master antenna television, direct broadcast satellite, or multipoint distribution service is subject to this section only to the extent permitted by federal law.

AB207-SA1-AA2,3,8 (3) General customer service standards. (a) In general. Video programming providers shall establish general standards related to customer service, including relating to all of the following:

AB207-SA1-AA2,3,9 1. Installation, disconnection, service, and repair obligations.

AB207-SA1-AA2,3,10 2. Appointment hours and employee identification requirements.

AB207-SA1-AA2,3,11 3. Customer service telephone numbers and hours.

AB207-SA1-AA2,3,12 4. Procedures for billing, charges, deposits, refunds, and credits.

AB207-SA1-AA2,3,13 5. Procedures for termination of service.

AB207-SA1-AA2,3,14 6. Notice of deletion of programming service.

AB207-SA1-AA2,3,15 7. Changes related to transmission of programming.

AB207-SA1-AA2,3,16 8. Changes or increases in rates.

AB207-SA1-AA2,3,17 9. The use and availability of parental control or lock-out devices.

AB207-SA1-AA2,3,18 10. If applicable, the use and availability of an A/B switch.

AB207-SA1-AA2,3,19 11. Complaint and bill dispute resolution procedures.

AB207-SA1-AA2,3,21 12. Rights and remedies available to consumers if the video programming provider does not materially meet their customer service standards.

AB207-SA1-AA2,3,22 13. Special services for customers with visual, hearing, or mobility disabilities.

AB207-SA1-AA2,4,5 (b) Public availability. A video programming provider shall make available to the public, and display clearly and conspicuously on its Internet Web site, the video programming providers' rates for each level of service, rules, and regulations, and the standards established under par. (a). If a promotional price or a price for a specified period of time is offered, the programming video provider shall clearly and conspicuously display the promotional price or price for the specified period of time together with the price that applies at the end of the promotional period or specified period of time.

AB207-SA1-AA2,4,9 (c) Notice. A video programming provider shall provide notice concerning its general customer service standards to all customers. The notice shall be offered when service is first activated and annually thereafter. The information in the notice shall include all of the standards established under par. (a) and all of the following:

AB207-SA1-AA2,4,11 1. A listing of services offered by the video programming provider, which clearly describes programming for all services and all levels of service.

AB207-SA1-AA2,4,12 2. The rates for all services and levels of service.

AB207-SA1-AA2,4,14 3. Telephone numbers through which customers may subscribe to, change, or terminate service, request customer service, or seek general or billing information.

AB207-SA1-AA2,4,15 4. Instructions on the use of the video services.

AB207-SA1-AA2,4,18 5. A description of rights and remedies that the video programming provider shall make available to their customers if the video programming provider does not materially meet the general customer service standards described in this paragraph.

AB207-SA1-AA2,4,22 (4) General customer service obligations. (a) A video programming provider shall render reasonably efficient service, promptly make repairs, and interrupt service only as necessary and for good cause, during periods of minimum use of the system and for no more than 24 hours.

AB207-SA1-AA2,5,3 (b) All service representatives or any other person who contacts customers or potential customers on behalf of a video programming provider shall have a visible identification card with their name and photograph and shall orally identify themselves upon first contact with a customer. Customer service representatives shall orally identify themselves to callers immediately following the greeting during each telephone contact with the public.

AB207-SA1-AA2,5,4 (c) A video programming provider shall do one of the following:

AB207-SA1-AA2,5,10 1. Maintain a customer service facility that is located within a municipality in which the video programming provider provides video service and that is staffed by customer service representatives that have the capacity to accept payment; adjust bills; respond to repair, installation, reconnection, disconnection, or other service calls; and distribute or receive converter boxes, remote control units, digital stereo units, or other equipment related to the provision of video service.

AB207-SA1-AA2,5,12 2. Provide customers with bill payment facilities through retail, financial, or other commercial institutions located within the boundaries of a municipality.

AB207-SA1-AA2,5,16 3. Provide an address, toll-free telephone number, or electronic address to accept bill payments and correspondence, and provide secure collection boxes that receive bill payments and returned equipment and that provide a printed receipt when items are deposited.

AB207-SA1-AA2,5,19 4. Provide an address, toll-free telephone number, or electronic address to accept bill payments and correspondence, and provide a method for customers to return equipment to the video programming provider at no cost to the customer.

AB207-SA1-AA2,6,5 (5) Customer contacts. In each contact with a customer, the service representatives of a video programming provider, or any other person who contacts customers or potential customers on behalf of the video programming provider, shall state the estimated cost of the service, repair, or installation orally prior to delivery of the service or before any work is performed, and shall provide the customer with an oral statement of the total charges before terminating the telephone call or other contact in which a service is ordered, whether in person or over the Internet, and shall provide a written statement of the total charges before leaving the location at which the work was performed. If the cost of service is a promotional price or is for a limited period of time, the cost of service at the end of the promotion or limited period of time shall be disclosed.

AB207-SA1-AA2,6,13 (6) Notices. A video programming provider shall provide customers a minimum of 30 days' written notice before increasing rates or eliminating transmission of programming and shall submit the notice to the municipality in advance of distribution to customers, except that if the elimination of transmission of programming is outside the control of the video programming provider, the video programming provider shall use reasonable efforts to provide as much notice as possible and any rate decrease related to the elimination of transmission of programming shall be applied as of the date of the elimination.

AB207-SA1-AA2,6,18 (7) Reception. A video programming provider shall provide clear visual and audio reception that meets or exceeds applicable federal communications commission technical standards. If a customer experiences poor video or audio reception due to the equipment of the video programming provider, the video programming provider shall promptly repair the problem at its own expense.

AB207-SA1-AA2,6,20 (8) Bills, payment and termination. (a) A video programming provider shall render monthly bills that are clear, accurate, and understandable.

AB207-SA1-AA2,6,22 (b) Every residential customer who pays bills directly to a video programming provider shall have at least 28 days from the date of the bill to pay the listed charges.

AB207-SA1-AA2,6,25 (c) A video programming provider shall promptly post customer payments. If payment is sent by United States mail, payment is considered paid on the date it is postmarked.

AB207-SA1-AA2,7,10 (d) A video programming provider may not terminate residential service for nonpayment of a bill unless the video programming provider furnishes notice of the delinquency and impending termination at least 21 days prior to the proposed termination. Notice of proposed termination shall be mailed to the customer to whom service is billed. Notice of proposed termination shall not be mailed until the 29th day after the date of the bill for services. Notice of delinquency and impending termination may be part of a billing statement only if the notice is presented in a different color than the bill and is designed to be conspicuous. A video programming provider may not assess a late fee prior to the 29th day after the date of the bill for service.

AB207-SA1-AA2,7,18 (e) A video programming provider shall include with every notice of impending termination the name and address of the customer; the amount of delinquency; the date on which payment is required to avoid termination; and the telephone number of the video programming provider's service representative to make payment arrangements and to provide additional information about any charges for failure to return equipment and for reconnection. No customer may be charged a fee for termination or disconnection of service, regardless of whether the customer or the video programming provider initiated termination or disconnection.

AB207-SA1-AA2,7,21 (f) A video programming provider may terminate service only on those days when the customer is able to reach, in person or by telephone, a service representative of the video programming provider.

AB207-SA1-AA2,8,2 (g) Any service terminated by a video programming provider without good cause shall be restored without any reconnection fee, charge, or penalty. Good cause for termination includes failure to pay a bill by the date specified in the notice of impending termination, payment by check for which there are insufficient funds, theft of service, abuse of equipment or personnel, or other similar customer actions.

AB207-SA1-AA2,8,11 (h) A video programming provider shall cease charging a customer for any or all services within one business day after it receives a request to immediately terminate service or on the day requested by the customer if such a date is at least 5 days from the date requested by the customer. Nothing in this paragraph shall prohibit a video programming provider from billing for charges that the customer incurs prior to the date of termination. A video programming provider shall issue a credit, a refund, or return a deposit within 10 business days after the close of the customer's billing cycle following the request for termination or the return of equipment, if any, whichever is later.

AB207-SA1-AA2,8,19 (i) A video programming provider shall allow its customers to disconnect their service at any time within the first 60 days after subscribing to or upgrading the service. Within such 60-day period, a video programming provider shall not charge or impose any fees or penalties on the customer for disconnecting service, including any installation charge or early termination charge, except that a video programming provider may impose a charge or fee to offset any rebates or credits received by the customer, and may impose monthly service or maintenance charges, including pay-per-view and premium services charges, during such 60-day period.

AB207-SA1-AA2,8,25 (j) A video programming provider shall guarantee customer satisfaction for new or upgraded service and the customer shall receive a pro rata credit in an amount equal to the pro rata charge for the remaining days of service being disconnected or replaced upon the customers request if the customer is dissatisfied with the service and requests to discontinue the service within the first 60 days after subscribing to the upgraded service.

AB207-SA1-AA2,9,15 (9) Response to customer inquiries. (a) A video programming provider shall maintain a toll-free telephone access line that is available to customers 24 hours a day, 7 days a week, to accept calls regarding installation, termination, service, and complaints. Trained, knowledgeable, and qualified service representatives of a video programming provider shall be available to respond to customer telephone inquiries during normal business hours. Customer service representatives shall be able to provide credits, waive fees, schedule appointments, and change billing cycles. Any difficulties that cannot be resolved by the customer service representatives shall be referred to a supervisor who shall make best efforts to resolve the issue immediately. If the supervisor does not resolve the issue to the customer's satisfaction, the customer shall be informed of the video programming provider's complaint procedures and procedures for billing dispute resolutions and given a description of the rights and remedies available to customers to enforce the terms of this section, including the customer's rights to have the complaint reviewed by the municipality to request mediation, and to review in a court.

AB207-SA1-AA2,9,21 (b) After normal business hours, the toll-free telephone access line specified in par. (a) may be answered by a service or an automated response system, including an answering machine. Inquiries received by telephone or electronic mail after normal business hours shall be responded to by a trained service representative on the next business day. A video programming provider shall respond to a written billing inquiry within 10 days of receipt of the inquiry.

AB207-SA1-AA2,9,25 (c) A video programming provider shall provide customers seeking nonstandard installations with a total installation cost estimate and an estimated date of completion. The actual charge to the customer may not exceed 110 percent of the estimated cost without the written consent of the customer.

AB207-SA1-AA2,10,7 (d) If a video programming provider receives notice that an unsafe condition exists with respect to its equipment, the video programming provider shall investigate such condition immediately, and shall take such measures as are necessary to remove or eliminate the unsafe condition. The video programming provider shall promptly inform the municipality in which the unsafe condition exists, but no later than 2 hours after it receives notification of an unsafe condition that it has not remedied.

AB207-SA1-AA2,10,12 (e) 1. Except as provided in subd. 2., under normal operating conditions, telephone answer time by a video programming provider's customer representative, including wait time, may not exceed 30 seconds when the connection is made. Except as provided in subd. 2., if the call needs to be transferred, transfer time shall not exceed 30 seconds.

AB207-SA1-AA2,10,14 2. The standards under subd. 1. shall be met no less than 90 percent of the time under normal operating conditions, measured on a quarterly basis.

AB207-SA1-AA2,10,16 (f) Under normal operating conditions, a video programming provider's customers may not receive a busy signal more than 3 percent of the time.

AB207-SA1-AA2,10,19 (10) Installations, outages, and service calls. Under normal operating conditions, a video programming provider shall meet each of the following standards no less than 95 percent of the time measured on a quarterly basis: