Amendment SSA1-AB207

LRBs0128/2

MDK:kjf&cs:rs

2007 - 2008 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 2007 ASSEMBLY BILL 207

November 8, 2007 - Offered by Senators Vinehout, Risser, Robson, Erpenbach, Lassa and Miller.

AB207-SSA1,2,5 An Act to repeal 60.23 (4), 66.0421 (1) (a), 66.0421 (1) (b), 66.0422 (1) (a), 134.43, 196.04 (4) (a) 1. and 196.204 (7); to renumber 196.04 (4) (a) 2. a. to e.; to renumber and amend 943.46 (1) (a); to consolidate, renumber and amend 196.04 (4) (a) (intro.) and 2. (intro.); to amend 11.01 (17g), 20.115 (1) (jb), 20.155 (1) (title), 20.155 (1) (g), 66.0419 (3) (intro.), 66.0419 (3) (b), 66.0419 (4), 66.0421 (title), 66.0421 (2), 66.0421 (3), 66.0421 (4), 66.0422 (title), 66.0422 (2) (intro.), 66.0422 (3) (b), 66.0422 (3n), 70.111 (25), 76.80 (3), 77.52 (2) (a) 12., 100.195 (1) (c) 2., 100.261 (3) (c), 182.017 (1), 196.01 (1g), 196.01 (9m), 196.04 (4) (b), 196.195 (5), 196.203 (1m), 196.203 (3) (b) (intro.), 196.203 (3) (b) 2., 196.203 (3) (c), 196.203 (3) (d), 196.203 (3) (e) 1. (intro.), 196.44 (1), 196.44 (2), 196.50 (1) (b) 2. e., 196.50 (1) (c), 196.85 (1m) (b), 943.46 (title), 943.46 (2) (a), 943.46 (2) (b), 943.46 (2) (c), 943.46 (2) (d), 943.46 (2) (e), 943.46 (2) (f), 943.46 (2) (g) and 943.46 (5); to repeal and recreate 100.195 (1) (h) 1., 100.209 and 196.01 (1p); and to create 20.155 (4), 66.0420, 66.0421 (1) (c), 66.0421 (1) (d), 66.0422 (1) (d), 196.01 (12g), 196.01 (12m), 196.01 (12r), 196.85 (1m) (d), 943.46 (1) (d) and 943.46 (1) (e) of the statutes; relating to: regulating video service providers, granting rule-making authority, making an appropriation, and providing penalties.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB207-SSA1, s. 1 Section 1. 11.01 (17g) of the statutes is amended to read:

AB207-SSA1,2,11 11.01 (17g) "Public access channel" means a channel that is required under a franchise granted or renewed under s. 66.0419 (3) (b) by a city, village, or town to a cable operator, as defined in s. 66.0419 (2) (b), and that is used for public access purposes, but does not include a channel that is used for governmental or educational purposes.

AB207-SSA1, s. 2 Section 2. 20.115 (1) (jb) of the statutes is amended to read:

AB207-SSA1,2,16 20.115 (1) (jb) Consumer protection, information, and education. The amounts in the schedule for consumer protection and consumer information and education. All moneys received under s. ss. 66.0420 (4) (L) and 100.261 (3) (b) shall be credited to this appropriation account, subject to the limit under s. 100.261 (3) (c).

AB207-SSA1, s. 3 Section 3. 20.155 (1) (title) of the statutes is amended to read:

AB207-SSA1,2,18 20.155 (1) (title) Regulation of public utilities and video service franchisees.

AB207-SSA1, s. 4 Section 4. 20.155 (1) (g) of the statutes is amended to read:

AB207-SSA1,3,2 20.155 (1) (g) Utility and video service regulation. The amounts in the schedule for the regulation of utilities and video service franchisees. Ninety percent of all moneys received by the commission under s. 196.85, 196.855, or 201.10 (3) shall be credited to this appropriation. Ninety percent of all receipts from the sale of miscellaneous printed reports and other copied material, the cost of which was originally paid under this paragraph, shall be credited to this appropriation.

AB207-SSA1, s. 5 Section 5. 20.155 (4) of the statutes is created to read:

AB207-SSA1,3,5 20.155 (4) Broadband grant program. (g) Grants. All moneys received under s. 66.0420 (9) (h) 1. for the purpose of making grants under s. 66.0420 (9) (h) 2.

AB207-SSA1, s. 6 Section 6. 60.23 (4) of the statutes is repealed.

AB207-SSA1, s. 7 Section 7. 66.0419 (3) (intro.) of the statutes is amended to read:

AB207-SSA1,3,10 66.0419 (3) Franchises. (intro.) A Except as provided in s. 66.0420, a municipality may operate or regulate a cable television system and in such operation and regulation may, without limitation because of enumeration:

AB207-SSA1, s. 8 Section 8. 66.0419 (3) (b) of the statutes is amended to read:

AB207-SSA1,3,14 66.0419 (3) (b) Grant, renew, or revoke one or more franchises authorizing the construction and operation of a cable television system and govern the operation of any franchise granted.

AB207-SSA1, s. 9 Section 9. 66.0419 (4) of the statutes is amended to read:

AB207-SSA1,3,20 66.0419 (4) Construction. The authority granted under this section to a municipality to operate and regulate a cable television system is in addition to any other power which the municipality has and the authority of a municipality to operate and regulate a cable television system is limited only by the express language of this section and s. 66.0420.

AB207-SSA1, s. 10 Section 10. 66.0420 of the statutes is created to read:

AB207-SSA1,3,23 66.0420 Video service. (1) Legislative findings. The legislature finds all of the following:

AB207-SSA1,4,3 (a) The economy in the state of Wisconsin will be enhanced by investment in new communications and video services, including broadband service facilities and fiber optic and Internet protocol technologies.

AB207-SSA1,4,5 (b) Video services bring important daily benefits to Wisconsin consumers by providing news, education, and entertainment.

AB207-SSA1,4,8 (c) Competitive video service providers are capable of providing new video programming services and competition to Wisconsin consumers and of decreasing the prices for video programming services paid by Wisconsin consumers.

AB207-SSA1,4,12 (d) Although there has been some competitive entry into the facilities-based video programming market since s. 66.0419 was enacted, further entry by facilities-based providers could benefit consumers, if video services are equitably available to all Wisconsin consumers at reasonable prices.

AB207-SSA1,4,17 (e) The provision of competitive video services is a matter of statewide concern that extends beyond the boundaries of individual municipalities. However, public rights-of-way are limited resources over which a municipality has a custodial duty and ownership interest to ensure that the public rights-of-way are used, repaired, and maintained in a manner that best serves the public interest.

AB207-SSA1,4,24 (f) This section is intended to enable rapid and widespread entry by competitive video service providers which will bring to Wisconsin consumers the benefits of video competition, including providing consumers with more choice, lower prices, higher speed and more advanced Internet access, more diverse and varied news, public information, education, and entertainment programming; and will bring to this state and municipalities the benefits of new infrastructure investment, job growth, and innovation in broadband service and Internet protocol technologies and deployment.

AB207-SSA1,5,3 (g) This section is intended to best ensure equal treatment and parity among different providers of video services and different technologies for providing such services.

AB207-SSA1,5,4 (2) Definitions. In this section:

AB207-SSA1,5,7 (a) "Affiliate", when used in relation to any person, means another person who owns or controls, is owned or controlled by, or is under common ownership or control with such person.

AB207-SSA1,5,9 (b) "Basic video service" means any video service offering or service tier which includes the retransmission of local television broadcast signals.

AB207-SSA1,5,12 (c) "Broadband service" means a high-speed service connection to the public Internet that is capable of supporting, in at least one direction, a speed in excess of 200 kilobits per second to a network demarcation point at a subscriber's premises.

AB207-SSA1,5,13 (d) "Cable franchise" means a franchise granted under s. 66.0419 (3) (b).

AB207-SSA1,5,14 (e) "Cable operator" has the meaning given in 47 USC 522 (5).

AB207-SSA1,5,15 (f) "Cable service" has the meaning given in 47 USC 522 (6).

AB207-SSA1,5,16 (g) "Cable system" has the meaning given in 47 USC 522 (7).

AB207-SSA1,5,17 (h) "Commission" means the public service commission.

AB207-SSA1,5,20 (i) "Competitive video service provider" means a person that is providing or seeks to provide video service in an area where there is at least one incumbent cable operator.

AB207-SSA1,5,22 (j) "Household" means any individual or group of individuals who are living together as one economic unit.

AB207-SSA1,5,25 (k) "Incumbent cable operator" means a person that, immediately before the effective date of this paragraph.... [revisor inserts date], provided cable service in a municipality under a cable franchise.

AB207-SSA1,6,2 (L) "Issued" means, with respect to a video service franchise, issued or considered to be issued by the commission.

AB207-SSA1,6,5 (m) "Low-income household" means a household whose aggregate individual and group income is not more than 150 percent of the poverty line as determined under 42 USC 9902 (2).

AB207-SSA1,6,6 (n) "Municipality" means a city, village, or town.

AB207-SSA1,6,8 (o) "Municipally regulated cable operator" means an incumbent cable operator that has not elected to terminate its cable franchise under sub. (3) (b) 1. b.

AB207-SSA1,6,10 (p) "PEG channel" means a channel designated for noncommercial public, educational, or governmental use.

AB207-SSA1,6,12 (q) "PEG channel manager" means a person authorized by a municipality to manage PEG channels.