AB207-SSA1,31,521
66.0421
(3) Installation in multiunit building. Before installation, a
cable
22operator video service provider shall consult with the owner or manager of a
23multiunit dwelling or with the association or board of directors of a condominium to
24establish the points of attachment to the building and the methods of wiring. A
cable
25operator video service provider shall install facilities to provide
cable video service
1in a safe and orderly manner and in a manner designed to minimize adverse effects
2to the aesthetics of the multiunit dwelling or condominium. Facilities installed to
3provide
cable video service may not impair public safety, damage fire protection
4systems or impair fire-resistive construction or components of a multiunit dwelling
5or condominium.
AB207-SSA1,31,97
66.0421
(4) Repair responsibility. A
cable operator video service provider is
8responsible for any repairs to a building required because of the construction,
9installation, disconnection or servicing of facilities to provide
cable video service.
AB207-SSA1,31,12
1166.0422 (title)
Cable television Video service, telecommunications, and
12broadband facilities.
AB207-SSA1,31,1515
66.0422
(1) (d) "Video service" has the meaning given in s. 66.0420 (2) (v).
AB207-SSA1, s. 22
16Section
22. 66.0422 (2) (intro.) of the statutes is amended to read:
AB207-SSA1,31,2117
66.0422
(2) (intro.) Except as provided in subs. (3), (3d), (3m), and (3n), no local
18government may enact an ordinance or adopt a resolution authorizing the local
19government to construct, own, or operate any facility for providing
cable video 20service, telecommunications service, or broadband service, directly or indirectly, to
21the public, unless all of the following are satisfied:
AB207-SSA1,32,423
66.0422
(3) (b) A majority of the governing board of the local government votes
24to submit the question of supporting the operation of the facility for providing
cable 25video service, telecommunications service, or Internet access service, directly or
1indirectly to the public, by the local government to the electors in an advisory
2referendum and a majority of the voters in the local government voting at the
3advisory referendum vote to support operation of such a facility by the local
4government.
AB207-SSA1,32,76
66.0422
(3n) Subsection (2) does not apply to a local government that, on March
71, 2004, was providing
cable video service to the public.
AB207-SSA1,32,119
70.111
(25) Digital broadcasting equipment. Digital broadcasting equipment
10owned and used by a radio station, television station, or
cable television system video
11service network, as defined in s.
66.0419 (2) (d)
66.0420 (2) (z).
AB207-SSA1,32,1713
76.80
(3) "Telecommunications services" means the transmission of voice,
14video, facsimile or data messages, including telegraph messages, except that
15"telecommunications services" does not include c
able television video service, as
16defined in s. 66.0420 (2) (v), radio, one-way radio paging or transmitting messages
17incidental to transient occupancy in hotels, as defined in s. 254.61 (3).
AB207-SSA1, s. 27
18Section
27. 77.52 (2) (a) 12. of the statutes is amended to read:
AB207-SSA1,32,2019
77.52
(2) (a) 12. The sale of cable television system services
, or video services,
20as defined in s. 66.0420 (2) (v), including installation charges.
AB207-SSA1,32,2323
100.195
(1) (c) 2. Telecommunications services or
cable television services.
AB207-SSA1,33,1
1100.195
(1) (h) 1. Video service, as defined in s. 66.0420 (2) (v).
AB207-SSA1, s. 30
2Section
30. 100.209 of the statutes is repealed and recreated to read:
AB207-SSA1,33,4
3100.209 Video service standards; privacy protection. (1) Definitions. 4In this section:
AB207-SSA1,33,55
(a) "Basic video service" has the meaning given in s. 66.0420 (2) (b).
AB207-SSA1,33,76
(b) "Cable or video provider" means a municipally regulated cable operator or
7a video service franchisee.
AB207-SSA1,33,88
(c) "Municipality" means a city, village, or town.
AB207-SSA1,33,109
(d) "Municipally regulated cable operator" has the meaning given in s. 66.0420
10(2) (o).
AB207-SSA1,33,1211
(e) "Normal business hours" means, with respect to a business, those hours
12during which most similar businesses in a municipality are open to serve customers.
AB207-SSA1,33,1913
(f) "Normal operating conditions" means, with respect to a video provider, those
14service conditions that are within the control of the video programming provider.
15"Normal operating conditions" includes special promotions; pay-per-view events;
16regular, peak, or seasonal demand periods; and maintenance or upgrade of a service
17network. "Normal operating conditions" does not include natural disasters, civil
18disturbances, power outages, telephone network outages, or severe or unusual
19weather conditions.
AB207-SSA1,33,2120
(g) "Service interruption" means the loss of picture or sound on one or more
21video channels.
AB207-SSA1,33,2422
(h) "Service line drop" means the point of connection between a premises and
23the facilities of a cable or video provider that enables the premises to receive video
24service.
AB207-SSA1,34,4
1(i) "Video programming provider" means a multichannel video programming
2distributor, as defined in
47 USC 522 (13), but does not include a landlord whose
3provision of video service is limited to providing video service to a single-family home
4or other residential dwelling consisting of 4 units or less.
AB207-SSA1,34,65
(j) "Video service" means multiple channels of video programming, as defined
6in
47 USC 522 (20).
AB207-SSA1,34,77
(k) "Video service area" has the meaning given in s. 66.0420 (2) (w).
AB207-SSA1,34,88
(L) "Video service franchisee" has the meaning given in s. 66.0420 (2) (y).
AB207-SSA1,34,99
(m) "Video service network" has the meaning given in s. 66.0420 (2) (z).
AB207-SSA1,34,13
10(2) Applicability. Notwithstanding sub. (1) (b), a video programming provider
11that provides video service through a master antenna television, satellite master
12antenna television, direct broadcast satellite, or multipoint distribution service is
13subject to this section only to the extent permitted by federal law.
AB207-SSA1,34,16
14(3) General customer service standards. (a)
In general. Video programming
15providers shall establish general standards related to customer service, including
16relating to all of the following:
AB207-SSA1,34,1717
1. Installation, disconnection, service, and repair obligations.
AB207-SSA1,34,1818
2. Appointment hours and employee identification requirements.
AB207-SSA1,34,1919
3. Customer service telephone numbers and hours.
AB207-SSA1,34,2020
4. Procedures for billing, charges, deposits, refunds, and credits.
AB207-SSA1,34,2121
5. Procedures for termination of service.
AB207-SSA1,34,2222
6. Notice of deletion of programming service.
AB207-SSA1,34,2323
7. Changes related to transmission of programming.
AB207-SSA1,34,2424
8. Changes or increases in rates.
AB207-SSA1,34,2525
9. The use and availability of parental control or lock-out devices.
AB207-SSA1,35,1
110. If applicable, the use and availability of an A/B switch.
AB207-SSA1,35,22
11. Complaint and bill dispute resolution procedures.
AB207-SSA1,35,43
12. Rights and remedies available to consumers if the video programming
4provider does not materially meet their customer service standards.
AB207-SSA1,35,55
13. Special services for customers with visual, hearing, or mobility disabilities.
AB207-SSA1,35,136
(b)
Public availability. A video programming provider shall make available to
7the public, and display clearly and conspicuously on its Internet Web site, the video
8programming providers' rates for each level of service, rules, and regulations, and
9the standards established under par. (a). If a promotional price or a price for a
10specified period of time is offered, the programming video provider shall clearly and
11conspicuously display the promotional price or price for the specified period of time
12together with the price that applies at the end of the promotional period or specified
13period of time.
AB207-SSA1,35,1714
(c)
Notice. A video programming provider shall provide notice concerning its
15general customer service standards to all customers. The notice shall be offered
16when service is first activated and annually thereafter. The information in the notice
17shall include all of the standards established under par. (a) and all of the following:
AB207-SSA1,35,1918
1. A listing of services offered by the video programming provider, which clearly
19describes programming for all services and all levels of service.
AB207-SSA1,35,2020
2. The rates for all services and levels of service.
AB207-SSA1,35,2221
3. Telephone numbers through which customers may subscribe to, change, or
22terminate service, request customer service, or seek general or billing information.
AB207-SSA1,35,2323
4. Instructions on the use of the video services.
AB207-SSA1,36,3
15. A description of rights and remedies that the video programming provider
2shall make available to their customers if the video programming provider does not
3materially meet the general customer service standards described in this paragraph.
AB207-SSA1,36,7
4(4) General customer service obligations. (a) A video programming provider
5shall render reasonably efficient service, promptly make repairs, and interrupt
6service only as necessary and for good cause, during periods of minimum use of the
7system and for no more than 24 hours.
AB207-SSA1,36,138
(b) All service representatives or any other person who contacts customers or
9potential customers on behalf of a video programming provider shall have a visible
10identification card with their name and photograph and shall orally identify
11themselves upon first contact with a customer. Customer service representatives
12shall orally identify themselves to callers immediately following the greeting during
13each telephone contact with the public.
AB207-SSA1,36,1414
(c) A video programming provider shall do one of the following:
AB207-SSA1,36,2015
1. Maintain a customer service facility that is located within a municipality in
16which the video programming provider provides video service and that is staffed by
17customer service representatives that have the capacity to accept payment; adjust
18bills; respond to repair, installation, reconnection, disconnection, or other service
19calls; and distribute or receive converter boxes, remote control units, digital stereo
20units, or other equipment related to the provision of video service.
AB207-SSA1,36,2221
2. Provide customers with bill payment facilities through retail, financial, or
22other commercial institutions located within the boundaries of a municipality.
AB207-SSA1,37,223
3. Provide an address, toll-free telephone number, or electronic address to
24accept bill payments and correspondence, and provide secure collection boxes that
1receive bill payments and returned equipment and that provide a printed receipt
2when items are deposited.
AB207-SSA1,37,53
4. Provide an address, toll-free telephone number, or electronic address to
4accept bill payments and correspondence, and provide a method for customers to
5return equipment to the video programming provider at no cost to the customer.
AB207-SSA1,37,16
6(5) Customer contacts. In each contact with a customer, the service
7representatives of a video programming provider, or any other person who contacts
8customers or potential customers on behalf of the video programming provider, shall
9state the estimated cost of the service, repair, or installation orally prior to delivery
10of the service or before any work is performed, and shall provide the customer with
11an oral statement of the total charges before terminating the telephone call or other
12contact in which a service is ordered, whether in person or over the Internet, and
13shall provide a written statement of the total charges before leaving the location at
14which the work was performed. If the cost of service is a promotional price or is for
15a limited period of time, the cost of service at the end of the promotion or limited
16period of time shall be disclosed.
AB207-SSA1,37,24
17(6) Notices. A video programming provider shall provide customers a
18minimum of 30 days' written notice before increasing rates or eliminating
19transmission of programming and shall submit the notice to the municipality in
20advance of distribution to customers, except that if the elimination of transmission
21of programming is outside the control of the video programming provider, the video
22programming provider shall use reasonable efforts to provide as much notice as
23possible and any rate decrease related to the elimination of transmission of
24programming shall be applied as of the date of the elimination.
AB207-SSA1,38,5
1(7) Reception. A video programming provider shall provide clear visual and
2audio reception that meets or exceeds applicable federal communications
3commission technical standards. If a customer experiences poor video or audio
4reception due to the equipment of the video programming provider, the video
5programming provider shall promptly repair the problem at its own expense.
AB207-SSA1,38,7
6(8) Bills, payment and termination. (a) A video programming provider shall
7render monthly bills that are clear, accurate, and understandable.
AB207-SSA1,38,98
(b) Every residential customer who pays bills directly to a video programming
9provider shall have at least 28 days from the date of the bill to pay the listed charges.
AB207-SSA1,38,1210
(c) A video programming provider shall promptly post customer payments. If
11payment is sent by United States mail, payment is considered paid on the date it is
12postmarked.
AB207-SSA1,38,2213
(d) A video programming provider may not terminate residential service for
14nonpayment of a bill unless the video programming provider furnishes notice of the
15delinquency and impending termination at least 21 days prior to the proposed
16termination. Notice of proposed termination shall be mailed to the customer to whom
17service is billed. Notice of proposed termination shall not be mailed until the 29th
18day after the date of the bill for services. Notice of delinquency and impending
19termination may be part of a billing statement only if the notice is presented in a
20different color than the bill and is designed to be conspicuous. A video programming
21provider may not assess a late fee prior to the 29th day after the date of the bill for
22service.
AB207-SSA1,39,523
(e) A video programming provider shall include with every notice of impending
24termination the name and address of the customer; the amount of delinquency; the
25date on which payment is required to avoid termination; and the telephone number
1of the video programming provider's service representative to make payment
2arrangements and to provide additional information about any charges for failure
3to return equipment and for reconnection. No customer may be charged a fee for
4termination or disconnection of service, regardless of whether the customer or the
5video programming provider initiated termination or disconnection.
AB207-SSA1,39,86
(f) A video programming provider may terminate service only on those days
7when the customer is able to reach, in person or by telephone, a service
8representative of the video programming provider.
AB207-SSA1,39,139
(g) Any service terminated by a video programming provider without good
10cause shall be restored without any reconnection fee, charge, or penalty. Good cause
11for termination includes failure to pay a bill by the date specified in the notice of
12impending termination, payment by check for which there are insufficient funds,
13theft of service, abuse of equipment or personnel, or other similar customer actions.
AB207-SSA1,39,2214
(h) A video programming provider shall cease charging a customer for any or
15all services within one business day after it receives a request to immediately
16terminate service or on the day requested by the customer if such a date is at least
175 days from the date requested by the customer. Nothing in this paragraph shall
18prohibit a video programming provider from billing for charges that the customer
19incurs prior to the date of termination. A video programming provider shall issue
20a credit, a refund, or return a deposit within 10 business days after the close of the
21customer's billing cycle following the request for termination or the return of
22equipment, if any, whichever is later.
AB207-SSA1,40,523
(i) A video programming provider shall allow its customers to disconnect their
24service at any time within the first 60 days after subscribing to or upgrading the
25service. Within such 60-day period, a video programming provider shall not charge
1or impose any fees or penalties on the customer for disconnecting service, including
2any installation charge or early termination charge, except that a video
3programming provider may impose a charge or fee to offset any rebates or credits
4received by the customer, and may impose monthly service or maintenance charges,
5including pay-per-view and premium services charges, during such 60-day period.
AB207-SSA1,40,116
(j) A video programming provider shall guarantee customer satisfaction for
7new or upgraded service and the customer shall receive a pro rata credit in an
8amount equal to the pro rata charge for the remaining days of service being
9disconnected or replaced upon the customers request if the customer is dissatisfied
10with the service and requests to discontinue the service within the first 60 days after
11subscribing to the upgraded service.
AB207-SSA1,41,2
12(9) Response to customer inquiries. (a) A video programming provider shall
13maintain a toll-free telephone access line that is available to customers 24 hours a
14day, 7 days a week, to accept calls regarding installation, termination, service, and
15complaints. Trained, knowledgeable, and qualified service representatives of a video
16programming provider shall be available to respond to customer telephone inquiries
17during normal business hours. Customer service representatives shall be able to
18provide credits, waive fees, schedule appointments, and change billing cycles. Any
19difficulties that cannot be resolved by the customer service representatives shall be
20referred to a supervisor who shall make best efforts to resolve the issue immediately.
21If the supervisor does not resolve the issue to the customer's satisfaction, the
22customer shall be informed of the video programming provider's complaint
23procedures and procedures for billing dispute resolutions and given a description of
24the rights and remedies available to customers to enforce the terms of this section,
1including the customer's rights to have the complaint reviewed by the municipality
2to request mediation, and to review in a court.
AB207-SSA1,41,83
(b) After normal business hours, the toll-free telephone access line specified
4in par. (a) may be answered by a service or an automated response system, including
5an answering machine. Inquiries received by telephone or electronic mail after
6normal business hours shall be responded to by a trained service representative on
7the next business day. A video programming provider shall respond to a written
8billing inquiry within 10 days of receipt of the inquiry.
AB207-SSA1,41,129
(c) A video programming provider shall provide customers seeking
10nonstandard installations with a total installation cost estimate and an estimated
11date of completion. The actual charge to the customer may not exceed 110 percent
12of the estimated cost without the written consent of the customer.
AB207-SSA1,41,1913
(d) If a video programming provider receives notice that an unsafe condition
14exists with respect to its equipment, the video programming provider shall
15investigate such condition immediately, and shall take such measures as are
16necessary to remove or eliminate the unsafe condition. The video programming
17provider shall promptly inform the municipality in which the unsafe condition
18exists, but no later than 2 hours after it receives notification of an unsafe condition
19that it has not remedied.
AB207-SSA1,41,2420
(e) 1. Except as provided in subd. 2., under normal operating conditions,
21telephone answer time by a video programming provider's customer representative,
22including wait time, may not exceed 30 seconds when the connection is made. Except
23as provided in subd. 2., if the call needs to be transferred, transfer time shall not
24exceed 30 seconds.
AB207-SSA1,42,2
12. The standards under subd. 1. shall be met no less than 90 percent of the time
2under normal operating conditions, measured on a quarterly basis.
AB207-SSA1,42,43
(f) Under normal operating conditions, a video programming provider's
4customers may not receive a busy signal more than 3 percent of the time.
AB207-SSA1,42,7
5(10) Installations, outages, and service calls. Under normal operating
6conditions, a video programming provider shall meet each of the following standards
7no less than 95 percent of the time measured on a quarterly basis: