AB207-SSA1,58,107
196.85
(1m) (b) For the purpose of direct assessment under sub. (1) of expenses
8incurred by the commission in connection with its activities under s. 196.04 (4), the
9term "public utility" includes a
cable operator, as defined in s. 66.0419 (2) (b) video
10service provider.
AB207-SSA1,58,1512
196.85
(1m) (d) For the purpose of direct assessment under sub. (1) of expenses
13incurred by the commission in connection with its activities under s. 66.0420, the
14term "public utility" includes an applicant for a video service franchise, as defined
15in s. 66.0420 (2) (x), or a video service franchisee, as defined in s. 66.0420 (2) (y).
AB207-SSA1,58,17
17943.46 (title)
Theft of cable television video service.
AB207-SSA1, s. 59
18Section
59. 943.46 (1) (a) of the statutes is renumbered 943.46 (1) (c) and
19amended to read:
AB207-SSA1,58,2420
943.46
(1) (c) "
Cable television
Video service" has the meaning given in s.
21196.01 (1p). "Cable television 66.0420 (2) (v), except that "video service" does not
22include signals received by privately owned antennas that are not connected to a
23cable television system video service network whether or not the same signals are
24provided by a
cable television company video service provider.
AB207-SSA1,59,2
1943.46
(1) (d) "Video service network" has the meaning given in s. 66.0420 (2)
2(z).
AB207-SSA1,59,64
943.46
(1) (e) "Video service provider" means a municipality regulated cable
5operator, as defined in s. 66.0420 (2) (o), or a video service franchisee, as defined in
6s. 66.0420 (2) (y).
AB207-SSA1,59,178
943.46
(2) (a) Obtain or attempt to obtain
cable television video service from
9a
company provider by trick, artifice, deception, use of an illegal device or illegal
10decoder or other fraudulent means with the intent to deprive that
company provider 11of any or all lawful compensation for rendering each type of service obtained. The
12intent required for a violation of this paragraph may be inferred from the presence
13on the property and in the actual possession of the defendant of a device not
14authorized by the
cable television company video service provider, the major purpose
15of which is to permit reception of
cable television
video services without payment.
16This inference is rebutted if the defendant demonstrates that he or she purchased
17that device for a legitimate use.
AB207-SSA1,59,2419
943.46
(2) (b) Give technical assistance or instruction to any person in
20obtaining or attempting to obtain any
cable television
video service without payment
21of all lawful compensation to the
company provider providing that service. This
22paragraph does not apply if the defendant demonstrates that the technical
23assistance or instruction was given or the installation of the connection, descrambler
24or receiving device was for a legitimate use.
AB207-SSA1,60,5
1943.46
(2) (c) Make or maintain a connection, whether physical, electrical,
2mechanical, acoustical or by other means, with any cables, wires, components or
3other devices used for the distribution of
cable television video services for the
4purpose of distributing
cable television video service to any other dwelling unit
5without authority from a
cable television company
video service provider.
AB207-SSA1,60,167
943.46
(2) (d) Make or maintain a connection, whether physical, electrical,
8mechanical, acoustical or by other means, with any cables, wires, components or
9other devices used for the distribution of
cable television video services for the
10purpose of obtaining
cable television video service without payment of all lawful
11compensation to the
company provider providing that service. The intent required
12for a violation of this paragraph may be inferred from proof that the
cable video 13service to the defendant's residence or business was connected under a service
14agreement with the defendant and has been disconnected by the
cable television
15company video service provider and that thereafter there exists in fact a connection
16to the
cable system video service network at the defendant's residence or business.
AB207-SSA1,61,1018
943.46
(2) (e) Make or maintain any modification or alteration to any device
19installed with the authorization of a
cable television company video service provider 20for the purpose of intercepting or receiving any program or other service carried by
21that
company provider which that person is not authorized by that
company provider 22to receive. The intent required for a violation of this paragraph may be inferred from
23proof that, as a matter of standard procedure, the
cable television company video
24service provider places written warning labels on its converters or decoders
25explaining that tampering with the device is a violation of law and the converter or
1decoder is found to have been tampered with, altered or modified so as to allow the
2reception or interception of programming carried by the
cable television company 3video service provider without authority to do so. The trier of fact may also infer that
4a converter or decoder has been altered or modified from proof that the
cable
5television company video service provider, as a matter of standard procedure, seals
6the converters or decoders with a label or mechanical device, that the seal was shown
7to the customer upon delivery of the decoder and that the seal has been removed or
8broken. The inferences under this paragraph are rebutted if the
cable television
9company video service provider cannot demonstrate that the intact seal was shown
10to the customer.
AB207-SSA1,61,2312
943.46
(2) (f) Possess without authority any device or printed circuit board
13designed to receive from a
cable television system
video service network any
cable
14television video programming or services offered for sale over that
cable television
15system video service network, whether or not the programming or services are
16encoded, filtered, scrambled or otherwise made unintelligible, or perform or
17facilitate the performance of any of the acts under pars. (a) to (e) with the intent that
18that device or printed circuit be used to receive that
cable television company's video
19service provider's services without payment. Intent to violate this paragraph for
20direct or indirect commercial advantage or private financial gain may be inferred
21from proof of the existence on the property and in the actual possession of the
22defendant of a device if the totality of circumstances, including quantities or
23volumes, indicates possession for resale.
AB207-SSA1,62,14
1943.46
(2) (g) Manufacture, import into this state, distribute, publish,
2advertise, sell, lease or offer for sale or lease any device, printed circuit board or any
3plan or kit for a device or for a printed circuit designed to receive the
cable television 4video programming or services offered for sale over a
cable television system video
5service network from a
cable television system
video service network, whether or not
6the programming or services are encoded, filtered, scrambled or otherwise made
7unintelligible, with the intent that that device, printed circuit, plan or kit be used for
8the reception of that
company's provider's services without payment. The intent
9required for a violation of this paragraph may be inferred from proof that the
10defendant has sold, leased or offered for sale or lease any device, printed circuit
11board, plan or kit for a device or for a printed circuit board in violation of this
12paragraph and during the course of the transaction for sale or lease the defendant
13expressly states or implies to the buyer that the product will enable the buyer to
14obtain
cable television video service without charge.
AB207-SSA1,62,2316
943.46
(5) Exception. This section does not affect the use by a person of
cable
17television video services if the services have been paid for and the use is exclusive to
18the person's dwelling unit. This subsection does not prohibit a board or council of any
19city, village or town from specifying the number and manner of installation of outlets
20used by any such person for
cable television video services and does not prohibit a
21c
able television company video service provider, in any written contract with a
22subscriber, from requiring the
company's provider's approval for any increase in the
23number of those outlets used.
AB207-SSA1,63,5
1(1
) Position authorization. The authorized FTE positions for the department
2of agriculture, trade and consumer protection are increased by 1.0 PR position, to be
3funded from the appropriation under section 20.115 (1) (jb) of the statutes, as affected
4by this act, for the purpose of carrying out the department's duties under section
5100.209 of the statutes, as affected by this act.
AB207-SSA1,63,12
7(1) In the schedule under section 20.005 (3) of the statutes for the appropriation
8to the department of agriculture, trade and consumer protection under section
920.115 (1) (jb) of the statutes, as affected by the acts of 2007, the dollar amount is
10increased by $65,000 for fiscal year 2007-08 and the dollar amount is increased by
11$65,000 for fiscal year 2008-09 to increase funding for the purpose for which the
12appropriation is made.
AB207-SSA1,63,1713
(2)
In the schedule under section 20.005 (3) of the statutes for the appropriation
14to the public service commission under section 20.155 (1) (g) of the statutes, as
15affected by the acts of 2007, the dollar amount is increased by $100,000 for fiscal year
162007-08 and the dollar amount is increased by $100,000 for fiscal year 2008-09 to
17increase funding for the purpose for which the appropriation is made.