AB207-SSA1,12,224
6. Adequate assurance that the applicant possesses the financial, managerial,
25legal, and technical qualifications necessary to construct and operate the proposed
1system, promptly repair any damage to the public rights-of-way caused by the
2applicant, and pay the cost of removal of its facilities.
AB207-SSA1,12,43
7. The applicant's general standards related to customer service established
4under s. 100.209 (3).
AB207-SSA1,12,85
(d)
Confidentiality. Information included in an application under par. (a), or
6subsequently reported to the commission by a video service franchisee, shall be
7subject to the commission's rules under s. 196.135 (2), except that the commission
8may not treat as confidential any of the following:
AB207-SSA1,12,109
1. Information regarding the specific locations where access to video service is
10offered or available.
AB207-SSA1,12,1111
2. Aggregate information included in reports required under this section.
AB207-SSA1,12,1412
(e)
Internet posting. Subject to par. (d), the commission shall post all
13applications for video service franchises on its Internet Web site no later than 5
14business days after receiving an application.
AB207-SSA1,12,1915
(f)
Completeness notice. No later than 15 business days after receiving an
16application for a video service franchise, the commission shall notify the applicant
17whether the application is complete. If the application is not complete, the
18commission shall state in its notice the reasons the application is incomplete, and the
19applicant may resubmit the application.
AB207-SSA1,13,220
(g)
Issuance. 1. No later than 30 business days after the commission's receipt
21of a complete application, the commission shall issue a video service franchise to the
22applicant. If the commission does not notify an applicant regarding the completeness
23of the application before the deadline specified in par. (f), or the commission does not
24issue a video service franchise to an applicant before the deadline under this
1paragraph, the commission is considered to have issued a video service franchise to
2the applicant on the 30th business day after the commission receives the application.
AB207-SSA1,13,53
2. No later than 3 business days after issuing a video service franchise to an
4applicant, the commission shall notify each municipality that includes any part of
5the video service area described by the applicant under par. (b).
AB207-SSA1,13,136
(h)
Transfer. A video service franchisee may transfer its video service franchise
7to any successor in interest if the successor in interest submits, no later than 15
8business days before completion of the transfer, a notice of the transfer to the
9commission and each municipality that includes any part of the video service area.
10The successor in interest may not provide video service unless the successor in
11interest applies for, and is issued, a video service franchise under this subsection.
12The commission may not issue a video service franchise to the successor in interest
13if any of the following apply:
AB207-SSA1,13,1614
1. The video service franchisee that transferred the video service franchise to
15the successor in interest has committed a material and continuing violation of this
16section.
AB207-SSA1,13,1817
2. The successor in interest has exhibited a pattern of noncompliance with
18customer service standards.
AB207-SSA1,13,1919
3. The successor in interest is insolvent.
AB207-SSA1,13,2420
(i)
Termination; video service area modification. 1. Except as provided in subd.
212., a video service franchisee may terminate its video service franchise or modify its
22video service area by submitting a notice of the termination or modification to the
23commission and each municipality that includes any part of the video service area.
24The commission may not take any action regarding the notice.
AB207-SSA1,14,2
12. A video service franchisee may not terminate its video service franchise or
2modify its video service area if any of the following apply:
AB207-SSA1,14,43
a. The termination or modification results in an area in which no video service
4is available from any provider.
AB207-SSA1,14,65
b. The termination or modification is based on the race or income of the
6residents in the local area in which the residents reside.
AB207-SSA1,14,97
(j)
Expiration and renewal. A video service franchise expires 10 years after the
8date that the commission issues the franchise. Upon expiration, a video service
9franchisee shall reapply for a video service franchise.
AB207-SSA1,14,1310
(k)
Commission expenses. The commission shall bill an applicant or video
11service franchisee under s. 196.85 (1) any expense incurred by the commission with
12respect to an application or any other matter regarding the applicant or video service
13franchisee.
AB207-SSA1,14,1614
(L)
Annual fees. Upon issuance of a video service franchise to a video service
15franchisee, and annually thereafter, the video service franchisee shall pay a fee of
16$2,000 to the department of agriculture, trade and consumer protection.
AB207-SSA1,14,23
17(5) PEG channels. (a)
Channel capacity; number of channels. 1. Except as
18provided in subd. 2., a municipality that includes any portion of the video service area
19of a video service franchisee may require the video service franchisee to do all of the
20following, and the video service franchisee shall take any required action no later
21than 90 days after the municipality notifies the video service franchisee of the
22requirement or than the date on which the video service franchisee begins to provide
23video service in the municipality, whichever is later:
AB207-SSA1,15,224
a. Designate the same amount of capacity on its video service network for PEG
25channels as an incumbent cable operator was required to designate under a cable
1franchise that was granted to the incumbent cable operator by the municipality and
2that was in effect on January 1, 2007.
AB207-SSA1,15,63
b. Retransmit to its subscribers the same number of PEG channels as an
4incumbent cable operator was required to retransmit under a cable franchise that
5was granted to the incumbent cable operator by the municipality and that was in
6effect on January 1, 2007.
AB207-SSA1,15,127
2. If a municipality that includes any portion of the video service area of a video
8service franchisee was provided less than 3 PEG channels by an incumbent cable
9operator on January 1, 2007, then, under subd. 1., the municipality may require the
10video service franchisee to designate sufficient capacity on its video service network
11for no more than 3 PEG channels and retransmit to its subscribers no more than 3
12PEG channels.
AB207-SSA1,15,2313
3. Any time that programming on any PEG channel that a municipality
14requires a video service franchisee to retransmit under this paragraph exceeds 40
15hours per week as measured on a quarterly basis, the municipality may require the
16video service franchisee to designate sufficient capacity on its video service network
17for one additional PEG channel and retransmit to its subscribers one additional PEG
18channel. The municipality shall provide the video service franchisee with a written
19notice that specifies the number of PEG channels used by the municipality and
20verifies that the additional PEG channel will be put into actual use. No later than
2190 days after receiving the notice, the video service franchisee shall comply with the
22requirement. The additional PEG channel may not be used for any purpose other
23than for carrying additional PEG channel programming.
AB207-SSA1,16,1224
(b)
Transmission duties. 1. If a municipality produces or maintains PEG
25channel programming in a manner or form that is compatible with a video service
1franchisee's video service network and that permits the video service franchisee to
2comply with the requirements of subd. 2., the municipality shall transmit the
3programming to the video service franchisee in that manner or form. If the
4municipality does not produce or maintain PEG channel programming in such
5manner or form, the video service franchisee shall be responsible for any changes in
6the manner or form of the transmission that are necessary to make PEG channel
7programming compatible with the technology or protocol used by the video service
8franchisee to deliver services. If a video service franchisee is required to make such
9changes to the manner or form of the transmission, the municipality shall provide
10reasonable access to the video service franchisee that allows the video service
11franchisee to transmit the PEG channel programming in an economical manner
12subject to the requirements of subd. 2.
AB207-SSA1,16,1813
2. A video service franchisee shall retransmit PEG channels to its subscribers
14with visual and audio quality and functionality that is equivalent, from the viewing
15perspective of the subscriber, to that of commercial channels carried on the video
16service franchisee's basic video service offerings or service tiers and without the need
17for any equipment other than the equipment necessary to receive the video service
18franchisee's basic video service offerings or service tiers.
AB207-SSA1,17,219
3. A video service franchisee shall carry PEG channels on its basic video
20service. To the extent feasible, PEG channels may not be separated numerically from
21other channels carried on the video service franchisee's basic video service, and the
22channel numbers for PEG channels shall be the same channel numbers used by an
23incumbent cable operator unless prohibited by federal law. After the initial
24designation of PEG channel numbers, the channel numbers may not be changed
25without the agreement of the municipality or the municipality's PEG channel
1manager, unless the change is required by federal law. Each channel shall be capable
2of carrying a National Television Systems Committee television signal.
AB207-SSA1,17,53
(c)
Fees prohibited. A video service franchisee may not charge a municipality,
4a municipality's PEG channel manager, or a municipality's PEG channel
5programming providers any fee for complying with this subsection.
AB207-SSA1,17,246
(d)
Interconnection. Video service franchisees and incumbent cable operators
7shall negotiate in good faith amongst themselves to interconnect their video service
8networks, if needed, for the purpose of complying with this subsection.
9Interconnection may be accomplished by direct cable, microwave link, satellite, or
10other reasonable method of connection. Video service franchisees and incumbent
11cable operators shall provide such interconnection on reasonable terms and
12conditions and may not withhold such interconnection. If video service franchisees
13and incumbent cable operators cannot reach a mutually acceptable interconnection
14agreement, a municipality may require an incumbent cable operator to allow a video
15service franchisee to interconnect its video service network with the incumbent cable
16operator's video service network at a technically feasible point on their video service
17networks. If no technically feasible point for interconnection between a video service
18franchisee and incumbent cable operator is available, the video service franchisee
19and incumbent cable operator shall each make an interconnection available to PEG
20channel local origination points and shall provide the facilities necessary for the
21interconnection. The cost of any interconnection shall be borne by a video service
22franchisee unless otherwise agreed to by the parties. The interconnection required
23by this paragraph shall be completed within the deadline for taking action required
24under par. (a) 1. that is specified in par. (a) 1. (intro.).
AB207-SSA1,18,6
1(e)
PEG channel usage. PEG channels required by a municipality under this
2subsection shall be for the exclusive use of the municipality, or the municipality's
3PEG channel manager, to provide public, education, and government programming,
4and may be used only for noncommercial purposes, except that advertising,
5underwriting, or sponsorship recognition may be carried on the channels for the
6purpose of funding public, education, and government access related activities.
AB207-SSA1,18,147
(f)
PEG channel listing. A video service franchisee shall provide a listing of
8PEG channels on channel cards and menus provided to subscribers in a manner
9equivalent to other channels if the video service franchisee uses such cards and
10menus. A video service franchisee shall provide a listing of PEG channel
11programming on its electronic program guide if such a guide is used by the video
12service franchisee. A municipality shall provide a video service franchisee or an
13agent designated by a video service franchisee with program schedules and
14information in a timely manner.
AB207-SSA1,18,1815
(g)
Programming. 1. A person that produces programming for broadcast on
16a PEG channel is solely responsible for the content of the programming. A video
17service franchisee may not exercise any editorial control over any programming on
18any PEG channel.
AB207-SSA1,18,2019
2. A video service franchisee is not subject to any civil or criminal liability for
20any program carried on any PEG channel.
AB207-SSA1,18,2321
(h)
Enforcement. In an action to enforce this subsection, a court may not
22prohibit a video service franchisee from providing video service or require a video
23service franchisee to terminate video service.
AB207-SSA1,19,11
24(6) Emergency alert system. A video service franchisee shall comply with all
25requirements of the federal communications commission regarding the distribution
1and notification of federal, state, and local emergency messages over the emergency
2alert system that apply to cable operators. A video service franchisee shall provide
3a requesting municipality with sufficient information regarding how to submit, via
4telephone or Web site listing, a local emergency alert for distribution over its video
5service network. A municipality that requires a municipally regulated cable
6operator to comply with emergency alert system message or service requirements
7that are in addition to the requirements imposed under this subsection may impose
8such additional requirements on a video service franchisee that provides video
9service within the municipality. A video service franchisee may provide a local
10emergency alert to an area larger than the boundaries of the municipality issuing the
11emergency alert.
AB207-SSA1,19,17
12(7) Municipality fees. (a)
Gross revenue calculation. 1. `Generally.' Gross
13revenue of a video service franchisee consists of all consideration of any kind or
14nature, including cash, credits, property, and the monetary value of in-kind
15contributions, received by the video service franchisee for the operation of a video
16service network to provide video service within the video service franchisee's video
17service area that is located within a municipality.
AB207-SSA1,19,1918
2. `Inclusions.' Gross revenue of a video service franchisee includes all of the
19following:
AB207-SSA1,19,2020
a. Recurring charges for video service.
AB207-SSA1,19,2221
b. Event-based charges for video service, including pay-per-view and
22video-on-demand charges.
AB207-SSA1,19,2323
c. Rental of set top boxes and other video service equipment.
AB207-SSA1,19,2524
d. Service charges related to the provision of video service, including activation,
25installation, and repair charges.
AB207-SSA1,20,2
1e. Administrative charges related to the provision of video service, including
2service order and service termination charges.
AB207-SSA1,20,43
f. Late payment fees or charges, insufficient funds check charges, and other
4charges assessed to recover the costs of collecting delinquent payments.
AB207-SSA1,20,125
g. A pro rata portion of all revenue that is derived by the video service
6franchisee or its affiliates pursuant to regional or national compensation
7arrangements for advertising, promoting, or exhibiting any products or services, and
8that is also derived from the operation of the video service franchisee's video service
9network to provide video service within a municipality. The pro rata portion shall
10be determined by dividing the number of the video service franchisee's subscribers
11in the municipality by the total number of the video service franchisee's subscribers
12in the regional or national area covered by the compensation arrangement.
AB207-SSA1,20,1613
h. Commissions that are received by the video service franchisee as
14compensation for promoting or exhibiting any products or services on the video
15service franchisee's video service network, such as a home shopping or similar
16channel.
AB207-SSA1,20,1717
i. Video service franchise fees.
AB207-SSA1,20,1918
3. `Exclusions.' Gross revenue of a video service franchisee does not include any
19of the following:
AB207-SSA1,20,2020
a. Revenues not actually received, including revenues that are billed.
AB207-SSA1,20,2321
b. Refunds, discounts, or other price adjustments that reduce the amount of
22gross revenue received by the video service franchisee to the extent that the refund,
23discount, or other price adjustment is attributable to video service.
AB207-SSA1,21,324
c. Revenue from the sale of video service for resale to a purchaser that is
25required to collect a video service franchise fee from the purchaser's subscribers, but
1only if the purchaser certifies in writing that the purchaser will resell the service
2within the municipality to which the video service franchise fee is payable and that
3the purchaser will pay the video service franchise fee to the municipality.
AB207-SSA1,21,74
d. Any tax or fee of general applicability imposed upon the subscribers or the
5transaction by a city, state, federal, or any other governmental entity and collected
6by the video service franchisee and required to be remitted to the taxing entity,
7including sales and use taxes.
AB207-SSA1,21,88
e. Security deposits collected from subscribers.
AB207-SSA1,21,119
f. Amounts paid by subscribers to home shopping or similar vendors for
10merchandise sold through any home shopping channel offered as part of the video
11service.
AB207-SSA1,21,1812
4. `Bundled services.' a. Except as provided in subd. 4. b., if a video service is
13bundled, packaged, or integrated functionally with other services, capabilities, or
14applications, the portion of the video service franchisee's revenue that is attributable
15to the other services, capabilities, or applications shall be included in the calculation
16of the video service franchisee's gross revenue unless the video service franchisee can
17reasonably identify the division or exclusion of the revenue from its books and
18records that are kept in the regular course of business.
AB207-SSA1,22,319
b. Gross revenue of a video service franchisee does not include any revenue
20received from nonvideo services, including revenue received from
21telecommunications services, information services, or the provision of directory or
22Internet advertising, including yellow pages, white pages, banner advertisement,
23and electronic publishing, or any other revenues attributed by a video service
24franchisee to nonvideo service in accordance with the video service franchisee's books
25and records kept in the regular course of business and in accordance with any
1applicable laws, rules, regulations, standards, or orders. This subd. 4. b. applies
2regardless of whether the nonvideo services are bundled, packaged, or functionally
3integrated with video services.
AB207-SSA1,22,84
5. `Affiliates.' Revenue of an affiliate of a video service franchisee shall be
5included in the video service franchisee's gross revenue to the extent the treatment
6of the revenue as revenue of the affiliate rather than of the video service franchisee
7has the effect of evading the requirement to pay a video service franchise fee or PEG
8support fee.
AB207-SSA1,22,109
(b)
Notice. No less than 10 days before offering video service in a municipality,
10a video service franchisee shall notify the municipality.
AB207-SSA1,22,1611
(c)
Video service franchise fee. 1. In any municipality in which a video service
12franchisee offers video service on a commercial basis, the video service franchisee
13shall, upon request by such a municipality, be liable for and pay a video service
14franchise fee to the municipality. The video service franchise fee shall equal one of
15the following percentages of the video service franchisee's gross revenues, whichever
16is less:
AB207-SSA1,22,1717
a. Five percent.
AB207-SSA1,22,2018
b. The percentage of revenues that the municipality required, on the effective
19date of this subd. 1. b. .... [revisor inserts date], an incumbent cable operator to pay
20as a franchise fee under s. 66.0419 (3) (c).
AB207-SSA1,22,2321
2. Payment of the video service franchise fee is due on a quarterly basis 45 days
22after the close of the calendar quarter. If mailed, the video service franchise fee is
23considered paid on the date it is postmarked.
AB207-SSA1,23,224
3. Except as otherwise provided in this section or s. 66.0425 or 182.017 (1), a
25municipality may not demand any additional fees or charges from a video service
1franchisee and may not demand the use of any other calculation method other than
2allowed under this subsection.
AB207-SSA1,23,83
(d)
PEG support fee. 1. A video service franchisee shall, upon request by a
4municipality in which the video service franchisee provides video service, pay to the
5municipality or the municipality's PEG channel manager, as support for PEG
6channels, a PEG support fee equal to not less than 1 percent of the video service
7franchisee's gross revenue or the percentage of the video service franchisee's gross
8revenue that results from performing the following calculation, whichever is greater:
AB207-SSA1,23,169
a. Determining the aggregate annual amount that each incumbent cable
10operator that provides cable service in the video service franchisee's service area is
11obligated to pay the municipality or its PEG channel manager under a cable
12franchise, agreement, or contract in effect on January 1, 2007, including any
13payments required under sub. (3) (b) 2. b., and including the amount resulting by
14dividing the total amount of any lump sum payments required to be made over the
15term of such franchise, contract, or agreement by the number of years of the term of
16the franchise, contract, or agreement.
AB207-SSA1,23,1817
b. Determining the aggregate annual amount of gross revenue during the
18preceding calendar year of each incumbent cable operator specified in subd. 1. a.
AB207-SSA1,23,2019
c. Determining the percentage that results from dividing the amount
20determined under subd. 1. a. by the amount determined under subd. 1. b.
AB207-SSA1,24,221
2. PEG support fees are due on a quarterly basis and must be paid no later than
2245 days after the close of a calendar quarter. PEG support fees are first due for the
23quarter that includes the 90th day after a municipality requests payment of the fees
24or the date on which the video service franchisee begins to provide video service in
25the municipality, whichever is later. Each payment shall include a statement
1explaining the basis for the calculation of the PEG support fee. If mailed, the PEG
2support fee is considered paid on the date it is postmarked.
AB207-SSA1,24,63
3. A municipality may require a video service franchisee to provide the
4municipality or the municipality's PEG channel manager with any information
5sufficient to calculate the PEG support fee required under this paragraph or the
6monetary payments for PEG channels required under sub. (3) (b) 2. b.
AB207-SSA1,24,97
(e)
Bill itemization. A video service franchisee may identify and collect the
8amount of the video service franchise fee or PEG support fee as separate line items
9on the regular bill of each subscriber.
AB207-SSA1,24,1110
(f)
Accounting. All determinations and computations under this subsection
11shall be made pursuant to generally accepted accounting principles.
AB207-SSA1,24,19
12(8) Audits; payments. (a) Upon receiving a notice under sub. (4) (g) 2. that a
13video service franchisee has received a video service franchise, a municipality shall
14notify the video service franchisee of the municipality's requirements for the video
15service franchisee to submit to an audit of its books and records. Such requirements
16shall be the same as those that apply to incumbent cable operators providing video
17service in the municipality on the effective date of this paragraph .... [revisor inserts
18date]. If there are no such incumbent cable operators, the municipality may impose
19reasonable audit requirements.
AB207-SSA1,24,2120
(b) Acceptance by a municipality of amounts remitted by a video service
21franchise shall not be construed as an accord that the amounts are correct.
AB207-SSA1,24,2322
(c) Any additional amount due after an audit shall be paid within 30 days after
23the municipality's submission of an invoice for the sum.
AB207-SSA1,24,24
24(9) Discrimination; access to services. (a)
Definitions. In this subsection:
AB207-SSA1,25,3
11. "Basic local exchange service area" means the area on file with the
2commission in which a large telecommunications video service franchisee provides
3basic local exchange service, as defined in s. 196.01 (1g).
AB207-SSA1,25,54
2. "Large telecommunications video service franchisee" means any of the
5following:
AB207-SSA1,25,86
a. A video service franchisee that is a telecommunications video service
7provider and that, on January 1, 2007, had more than 500,000 basic local exchange
8access lines in this state.
AB207-SSA1,25,99
b. An affiliate of a video service franchisee described under subd. 2. a.
AB207-SSA1,25,1210
3. "Telecommunications video service provider" means a person that uses
11facilities for providing telecommunications service, as defined in s. 196.01 (9m), also
12to provide video service.
AB207-SSA1,25,2413
(b)
Access determination. For purposes of this subsection, a video service
14franchisee provides access to its video service to a household if the video service
15franchisee is capable of providing video service at the household address using any
16technology, other than direct-to-home satellite service, that provides two-way
17broadband Internet capability, and video programming, content, and functionality
18which are demonstrably similar to video programming, content, and functionality
19provided through the video service franchisee's video service system, regardless of
20whether any customer at the household address has ordered service or whether the
21owner or landlord or other responsible person has granted access to the household
22address. If more than one technology is used, access is provided only if the
23technologies provide similar two-way broadband Internet capability and similar
24video programming.
AB207-SSA1,26,4
1(c)
Discrimination prohibited. 1. No video service franchisee may deny access
2to video service to any group of potential residential customers in the video service
3franchisee's video service area because of the race or income of the residents in the
4local area in which the group resides.
AB207-SSA1,26,65
2. It is a defense to an alleged violation of subd. 1. based on income if the video
6service franchisee has met either of the following conditions:
AB207-SSA1,26,107
a. No later than 3 years after the date on which the video service franchisee
8began providing video service under this section, at least 25 percent of households
9with access to the video service franchisee's video service are low-income
10households.
AB207-SSA1,26,1411
b. No later than 5 years after the date on which the video service franchisee
12began providing video service under this section, at least 30 percent of the
13households with access to the video service franchisee's video service are low-income
14households.
AB207-SSA1,26,1815
(d)
Access requirements. 1. A large telecommunications video service
16franchisee shall provide access to its video service to the following percentages of
17households within the large telecommunications video service franchisee's basic
18local exchange service area:
AB207-SSA1,26,2119
a. Not less than 35 percent no later than 3 years after the date on which the
20large telecommunications video service franchisee began providing video service
21under this section.
AB207-SSA1,27,222
b. Not less than 50 percent no later than 5 years after the date on which the
23large telecommunications video service franchisee began providing video service
24under this section, or no later than 2 years after at least 30 percent of households
1with access to the large telecommunications video service franchisee's video service
2subscribe to the service for 6 consecutive months, whichever occurs later.
AB207-SSA1,27,53
2. A large telecommunications video service franchisee shall file an annual
4report with the commission regarding the large telecommunications video service
5franchisee's progress in complying with subd. 1.