Amendment SSA1-AB207

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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.

AB207-SSA1,6,13 (qm) "PEG support fee" means a fee required under sub. (7) (d) 1.

AB207-SSA1,6,16 (r) "Public rights-of-way" means the areas on, below, or above a public roadway, highway, street, public sidewalk, alley, or waterway, and includes utility easements dedicated for compatible uses.

AB207-SSA1,6,18 (s) "Service tier" means a category of video service for which a separate rate is charged.

AB207-SSA1,6,21 (t) "Telecommunications service area" means the area designated by the commission as the area in which a telecommunications provider was obligated to provide noncompetitive local telephone service.

AB207-SSA1,6,22 (u) "Video programming" has the meaning given in 47 USC 522 (20).

AB207-SSA1,7,6 (v) "Video service" means video programming and subscriber interaction, if any, that is required for the selection or use of video programming, and which is provided through wireline facilities located at least in part in the public rights-of-way without regard to delivery technology, including Internet protocol technology. "Video service" includes cable service. "Video service" does not include any video programming provided by a commercial mobile service provider, as defined in 47 USC 332 (d), or any video programming provided solely as part of, and via, a service that enables users to access content, information, electronic mail, or other services offered over the public Internet.

AB207-SSA1,7,10 (w) "Video service area" means, with respect to a video service franchisee, the geographic area designated by the video service franchisee in its application for a video service franchise as the geographic area in which it will offer video services during the period of its video service franchise.

AB207-SSA1,7,12 (x) "Video service franchise" means a franchise issued by the commission under sub. (4) (g) 1.

AB207-SSA1,7,13 (xm) "Video service franchise fee" means a fee required under sub. (7) (c).

AB207-SSA1,7,15 (y) "Video service franchisee" means a person issued a video service franchise by the commission.

AB207-SSA1,7,19 (z) "Video service network" means wireline facilities, or any component thereof, located at least in part in public rights-of-way that deliver video service, without regard to delivery technology, including Internet protocol technology or any other technology. "Video service network" includes a cable system.

AB207-SSA1,7,24 (3) Authority to provide video service. (a) Public rights-of-way. 1. Except for a municipally regulated cable operator, no person may provide video service in this state, or use the public rights-of-way for installing or constructing facilities for the provision of video service, unless the commission has issued a video service franchise to the person.

AB207-SSA1,8,5 2. This section does not affect a municipality's authority under s. 182.017 (1) to grant permits for the use of public rights-of-way to install or construct facilities to provide video service. A municipality is not required to grant a permit under s. 182.017 (1) to install or construct facilities to provide video service to a person that has not been issued a video service franchise or a cable franchise.

AB207-SSA1,8,7 (b) Incumbent cable operators. 1. An incumbent cable operator may do one of the following:

AB207-SSA1,8,10 a. Upon expiration of the incumbent cable operator's cable franchise, apply to the municipality that granted the cable franchise for renewal of the cable franchise under s. 66.0419 (3).

AB207-SSA1,8,18 b. At any time prior to expiration of the incumbent cable operator's cable franchise, terminate the cable franchise and apply to the commission for a video service franchise under sub. (4). At least 180 days before making an application under sub. (4), the incumbent cable operator shall provide advance notice to the commission, the municipality that granted a cable franchise to the incumbent cable operator, and the municipality's PEG channel manager. Termination of the cable franchise shall be effective on the date that the commission issues a video service franchise to the incumbent cable operator.

AB207-SSA1,8,20 2. An incumbent cable operator that elects to terminate its cable franchise shall do all of the following:

AB207-SSA1,9,3 a. Pay to the municipality that granted the cable franchise and any PEG channel manager any accrued but unpaid amounts that are due under the cable franchise. Such amounts must be remitted before the 46th day after the date that termination of the cable franchise is effective. If the incumbent cable operator has a credit for any amounts due under the cable franchise that the incumbent cable operator has prepaid, the incumbent cable operator may deduct the amount of the credit from any future PEG support or video service franchise fees that the incumbent cable operator is required to pay to the municipality.

AB207-SSA1,9,10 b. Pay to the municipality that granted the cable franchise and the municipality's PEG channel manager, at the time that they would have been due, all monetary payments for PEG channels that would have been due during the remaining term of the cable franchise had it not been terminated by the incumbent cable operator. All payments made by an incumbent cable operator under this subd. 2. b. shall be credited against any PEG support or video service franchise fees that the incumbent cable operator otherwise owes to the municipality.

AB207-SSA1,9,15 3. An incumbent cable operator that elects to terminate its cable franchise, and any successor in interest, is required to comply with any requirements of the municipality that granted the franchise that require the incumbent cable operator to provide access to video service and that are in effect on the effective date of this subdivision .... [revisor inserts date].

AB207-SSA1,9,24 (c) Video service franchisees. 1. For purposes of 47 USC 521 to 573, the commission is the franchising authority for video service franchisees, and municipalities are the exclusive franchising authorities for municipally regulated cable operators. The commission may not impose franchising requirements on municipally regulated cable operators and municipalities may not impose franchising requirements on video service franchisees. Notwithstanding any other provision of this section, a video service franchisee that uses telecommunications facilities to provide video service is not obligated to provide video service outside the video service franchisee's telecommunications service area.

AB207-SSA1,10,5 2. A video service franchisee is not subject to any other franchise obligations under state law within its video service area, except as provided in this section. Except as provided under this section, neither the commission nor any municipality may require a video service franchisee to obtain a separate franchise or pay any franchise fee on video service.

AB207-SSA1,10,9 (4) Video service franchise. (a) Application; affidavit. An applicant for a video service franchise shall submit an application to the commission that includes a completed affidavit signed by an officer or general partner of the applicant that affirms all of the following:

AB207-SSA1,10,12 1. That the applicant has filed or will timely file with the federal communications commission all forms required by that agency in advance of offering video service in this state.

AB207-SSA1,10,14 2. That the applicant agrees to comply with all applicable federal and state statutes, rules, and regulations.

AB207-SSA1,10,16 3. That the applicant agrees to comply with all applicable regulations of a municipality.

AB207-SSA1,10,20 (b) Application; video service area. 1. An application under par. (a) shall include an exact description of the video service area and identify the number of low-income households within the video service area. The video service area shall be described in terms of one of the following:

AB207-SSA1,10,21 a. Telephone service exchange areas.

AB207-SSA1,10,22 b. A collection of United States Census Bureau 13-digit block numbers.

AB207-SSA1,10,25 c. Geographic information system digital boundaries meeting or exceeding national map accuracy standards established by the U.S. Geological Survey, if the area is not large enough to be described as specified in subd. 1. a. or b.

AB207-SSA1,11,1 d. Municipalities.