Amendment SSA1-AB207

AB207-SSA1,47,8 (15) Obscene or indecent programming. (a) To the extent consistent with federal law, a video programming provider shall comply with 47 USC 532 (h) and (j). A video programming provider may not exercise any editorial control over any programming or in any other way consider the content of programming in determining whether to transmit programming, except that a video programming provider may refuse to transmit any leased access program or portion of a leased access program which contains obscenity, indecency, or nudity and may consider such content to the minimum extent necessary to establish a reasonable price for the commercial use of designated channel capacity by a person that is not an affiliate of the video programming provider. A video programming provider may enforce prospectively a written and published policy of prohibiting programming that the video programming provider reasonably believes describes or depicts sexual or excretory activities or organs in a patently offensive manner as measured by contemporary community standards.

AB207-SSA1,47,11 (b) A video programming provider shall, without charge, fully scramble or otherwise fully block the audio and video programming of any channel requested by the customer.

AB207-SSA1,47,17 (c) In providing sexually explicit adult programming or other programming that is indecent on any channel of a video programming provider's service that is primarily dedicated to sexually oriented programming, the video programming provider shall fully scramble or otherwise fully block the video and audio portion of such channel so that a nonsubscriber to such channel or programming does not receive it.

AB207-SSA1,47,20 (d) For purposes of pars. (b) and (c), "scramble" means to rearrange the content of the signal of programming so that the programming cannot be viewed or heard in an understandable manner.

AB207-SSA1,47,25 (16) Service availability listing. A video programming provider shall maintain a listing, specific to the level of street address, of the areas where its video services are available. A video programming provider shall inform customers who inquire about purchasing video service about whether the service is currently available to them at their specific location.

AB207-SSA1,48,13 (17) Privacy protections. A video programming provider may not disclose the name, address, telephone number, or other personally identifying information of a video service customer to be used in mailing lists or to be used for other commercial purposes not reasonably related to the conduct of its business, unless the video programming provider has provided to the customer a notice, separately or included in any other customer service notice, that clearly and conspicuously describes the customer's ability to prohibit the disclosure. A video programming provider shall provide an address and telephone number for a customer to use without toll charge to prevent disclosure of the customer's name and address in mailing lists or for other commercial purposes not reasonably related to the conduct of its business to other businesses or affiliates of the video programming provider. A video programming provider shall comply with all other privacy laws, including 47 USC 551, that are in effect on the effective date of this subsection .... [revisor inserts date].

AB207-SSA1,48,23 (18) Consumer complaints; mediation. A video programming provider shall implement an informal process for handling inquiries from municipalities and customers concerning billing issues, service issues, privacy concerns, and other consumer complaints. If an issue is not resolved through such informal process, a municipality or customer may request nonbinding mediation with the video programming provider, with each party bearing its own costs of such mediation. Selection of a mediator shall be by mutual agreement and preference shall be given to mediation services that do not charge a consumer for their services. If the informal process does not produce a satisfactory result to the customer or municipality, enforcement may be pursued as provided in sub. (19) (f).

AB207-SSA1,48,24 (19) Enforcement. (a) The department may do any of the following:

AB207-SSA1,49,2 1. Exercise its authority under ss. 93.14, 93.15, and 93.16 to investigate violations of this section.

AB207-SSA1,49,6 2. Commence an action in the name of the state to restrain by temporary injunction a violation of this section. Before entry of a final judgment, the court may make any necessary orders to restore to a person any pecuniary loss suffered by the person because of the violation.

AB207-SSA1,49,9 3. Except as provided in subd. 4., commence an action in the name of the state to recover a forfeiture to the state of not less than $100 nor more than $10,000 for each violation of this section.

AB207-SSA1,49,12 4. Commence an action in the name of the state to recover a forfeiture to the state of not more than $50,000 for a person's first violation of sub. (17) and of not more than $100,000 for each 2nd or subsequent violation of sub. (17) by a person.

AB207-SSA1,49,16 5. After public hearing, issue a special order under s. 93.18 against a video programming provider enjoining the provider from employing practices that violate this section and requiring the provider to employ practices or take actions that are determined by the department to be in compliance with this section.

AB207-SSA1,49,20 (b) A municipality may enforce this section with respect to complaints received from residents within the municipality, but the municipality may not impose or require compliance with any additional or different customer service or performance standards than those specified in this section.

AB207-SSA1,49,23 (c) A municipality may enact an ordinance that provides a schedule of forfeitures for any material violation of this section by video programming providers that are in addition to the penalties provided under this chapter, except as follows:

AB207-SSA1,49,25 1. No forfeitures may be assessed for a material violation if it is out of the reasonable control of a video programming provider or its affiliate.

AB207-SSA1,50,2 2. The forfeitures shall apply on a competitively neutral basis to all providers of video service within the municipality.

AB207-SSA1,50,4 3. The forfeitures may not exceed $750 for each day of the material violation, and may not exceed $25,000 for each occurrence of a material violation per customer.

AB207-SSA1,50,8 (d) The department or a municipality shall give a video programming provider written notice of any alleged material violations of this section and allow such provider at least 30 days from receipt of the notice to remedy the specified material violation.

AB207-SSA1,50,13 (e) For purposes of this subsection, "material violation" means any substantial failure of a video programming provider to comply with this section and, for purposes of assessing forfeitures, a material violation is considered to have occurred for each day that a material violation has not been remedied by a video programming provider after the expiration of the period specified in par. (d).

AB207-SSA1,50,24 (f) The department and, subject to sub. (18), a municipality or customer may bring an action against a video programming provider for violation of this section, except that a municipality may bring an action only if a customer residing in the municipality is adversely affected by the violation and a customer may bring an action only if the customer is adversely affected by the violation. A video programming provider may bring an action to review a municipality's assessment of forfeitures against the video programming provider. A municipality is immune from civil liability for its acts or omissions related to the enforcement or review of any terms, conditions, or rights under this section, except that a court may require the return of any forfeiture that the municipality incorrectly assessed against a video programming provider.

AB207-SSA1,51,13 (20) Credits. (a) A video programming provider shall credit customers for violations of this section in the amounts specified in par. (b). The credits shall be applied on the statement issued to the customer for the next monthly billing cycle following the violation or following the discovery of the violation. A video programming provider is responsible for providing the credits and a customer is not required to request the credit. If a customer is no longer taking service from a video programming provider, the video programming provider shall refund the credit amount to the customer by check within 30 days of the termination of service. A municipality may enact an ordinance that requires a video programming provider to give credits directly to customers for violating this section, if the ordnance applies on a competitively neutral basis to all video programming providers in the municipality, and except that the credits may not exceed the credits specified in par. (b).

AB207-SSA1,51,15 (b) A video programming provider shall give customers the following credits for the following violations of this section:

AB207-SSA1,51,17 1. Failure to provide notice of customer service standards upon initiation of service, $25.

AB207-SSA1,51,20 2. Failure to install service within 7 days, waiver of 50 percent of the installation fee or the monthly fee for the lowest-cost basic service, whichever is greater.

AB207-SSA1,51,23 3. Failure to install service within 14 days, waiver of 100 percent of the installation fee or the monthly fee for the lowest-cost basic service, whichever is greater.

AB207-SSA1,52,3 4. Failure to remedy service interruptions or poor video or audio service quality within 48 hours, a pro rata credit of total regular monthly charges equal to the number of days of the service interruption.

AB207-SSA1,52,5 5. Failure to keep an appointment or to notify the customer prior to the close of business on the business day prior to the scheduled appointment, $25.

AB207-SSA1,52,6 6. Violation of privacy protections, $150.

AB207-SSA1,52,7 7. Failure to comply with scrambling requirements, $50 per month.

AB207-SSA1,52,9 8. Violation of customer service and billing standards in sub. (8) or (9), $25 per violation.

AB207-SSA1,52,11 9. Violation of the prohibition under sub. (13) (a) 1. against requiring subscription to other services as a condition of access to video service, $25 per month.

AB207-SSA1, s. 31 Section 31. 100.261 (3) (c) of the statutes is amended to read:

AB207-SSA1,52,14 100.261 (3) (c) The amount credited under par. (b) to the appropriation account under s. 20.115 (1) (jb) may not exceed $185,000 in each fiscal year.

AB207-SSA1, s. 32 Section 32. 134.43 of the statutes, as affected by 2007 Wisconsin Act 20, is repealed.

AB207-SSA1, s. 33 Section 33. 182.017 (1) of the statutes is amended to read:

AB207-SSA1,53,10 182.017 (1) Right-of-way for. Any domestic corporation organized to furnish telegraph or telecommunications service or transmit heat, power or electric current to the public or for public purposes, an any independent system operator, as defined in s. 196.485 (1) (d), an any independent transmission owner, as defined in s. 196.485 (1) (dm), or a any cooperative association organized under ch. 185 or 193 to furnish telegraph or telecommunications service or a , any cooperative organized under ch. 185 to transmit heat, power or electric current to its members, any municipally regulated cable operator, as defined in s. 66.0420 (2) (o), and any video service franchisee, as defined in s. 66.0420 (2) (y) may, subject to ss. 30.44 (3m), 30.45, 86.16 and 196.491 (3) (d) 3m. and to reasonable regulations made by any city, village or town through which its transmission lines or systems may pass, construct and maintain such lines or systems with all necessary appurtenances in, across or beneath any public highway or bridge or any stream or body of water, or upon any lands of any owner consenting thereto, and for such purpose may acquire lands or the necessary easements; and may connect and operate its lines or system with other lines or systems devoted to like business, within or without this state, and charge reasonable rates for the transmission and delivery of messages or the furnishing of heat, power or electric light.

AB207-SSA1, s. 34 Section 34. 196.01 (1g) of the statutes is amended to read:

AB207-SSA1,53,20 196.01 (1g) "Basic local exchange service" means the provision to residential customers of an access facility, whether by wire, cable, fiber optics or radio, and essential usage within a local calling area for the transmission of high-quality 2-way interactive switched voice or data communication. "Basic local exchange service" includes extended community calling and extended area service. "Basic local exchange service" does not include additional access facilities or any discretionary or optional services that may be provided to a residential customer. "Basic local exchange service" does not include cable television service or services provided by a commercial mobile radio service provider.

AB207-SSA1, s. 35 Section 35. 196.01 (1p) of the statutes is repealed and recreated to read:

AB207-SSA1,53,22 196.01 (1p) "Cable service" has the meaning given in 47 USC 522 (6).

AB207-SSA1, s. 36 Section 36. 196.01 (9m) of the statutes is amended to read:

AB207-SSA1,54,4 196.01 (9m) "Telecommunications service" means the offering for sale of the conveyance of voice, data or other information at any frequency over any part of the electromagnetic spectrum, including the sale of service for collection, storage, forwarding, switching and delivery incidental to such communication and including the regulated sale of customer premises equipment. "Telecommunications service" does not include cable television service or broadcast service.

AB207-SSA1, s. 37 Section 37. 196.01 (12g) of the statutes is created to read:

AB207-SSA1,54,6 196.01 (12g) "Video service" has the meaning given in s. 66.0420 (2) (v).

AB207-SSA1, s. 38 Section 38. 196.01 (12m) of the statutes is created to read:

AB207-SSA1,54,9 196.01 (12m) "Video service franchisee" has the meaning given in s. 66.0420 (2) (y).

AB207-SSA1, s. 39 Section 39. 196.01 (12r) of the statutes is created to read:

AB207-SSA1,54,12 196.01 (12r) "Video service provider" means a municipality regulated cable operator, as defined in s. 66.0420 (2) (o), or a video service franchisee.

AB207-SSA1, s. 40 Section 40. 196.04 (4) (a) (intro.) and 2. (intro.) of the statutes are consolidated, renumbered 196.04 (4) (a) (intro.) and amended to read:

AB207-SSA1,54,16 196.04 (4) (a) (intro.) In this subsection: 2. "Sewerage, "sewerage system operator" means any of the following:

AB207-SSA1, s. 41 Section 41. 196.04 (4) (a) 1. of the statutes is repealed.

AB207-SSA1, s. 42 Section 42. 196.04 (4) (a) 2. a. to e. of the statutes are renumbered 196.04 (4) (a) 1. to 5.

AB207-SSA1, s. 43 Section 43. 196.04 (4) (b) of the statutes is amended to read:

AB207-SSA1,55,10 196.04 (4) (b) If the parties cannot agree and the commission finds that public convenience and necessity or the rendition of reasonably adequate service to the public requires that a public utility, telecommunications provider, sewerage system operator, or cable operator video service provider be permitted to extend its lines on, over or under the right-of-way of any railroad, or requires that the tracks of any railroad be extended on, over or under the right-of-way of any public utility, telecommunications provider, sewerage system operator, or cable operator video service provider, the commission may order the extension by the public utility, telecommunications provider, sewerage system operator, cable operator video service provider, or railroad on, over or under the right-of-way of the other if it will not materially impair the ability of the railroad, telecommunications provider, sewerage system operator, cable operator video service provider, or public utility, on, over or under whose right-of-way the extension would be made, to serve the public. The commission shall prescribe lawful conditions and compensation which the commission deems equitable and reasonable in light of all the circumstances.

AB207-SSA1, s. 44 Section 44. 196.195 (5) of the statutes is amended to read:

AB207-SSA1,55,21 196.195 (5) Commission action. If after the proceedings under subs. (2), (3) and (4) the commission has determined that effective competition exists in the market for the telecommunications service which justifies a lesser degree of regulation and that lesser regulation in that market will serve the public interest, the commission may, by order, suspend any of the following provisions of law, except as provided under subs. (7) and (8): ch. 201 and s. 196.02 (2); s. 196.05; s. 196.06; s. 196.07; s. 196.09; s. 196.10; s. 196.12; s. 196.13 (2); s. 196.19; tariffing requirements under s. 196.194; s. 196.196 (1) or (5); s. 196.20; s. 196.204 (7); s. 196.21; s. 196.22; s. 196.26; s. 196.28; s. 196.37; s. 196.49; s. 196.52; s. 196.58; s. 196.60; s. 196.604; s. 196.77; s. 196.78; s. 196.79; and s. 196.805.

AB207-SSA1, s. 45 Section 45. 196.203 (1m) of the statutes is amended to read:

AB207-SSA1,56,2 196.203 (1m) Any person claiming to be a cable television telecommunications service provider under this section shall annually file with the commission any information required by the commission to determine the gross income of the person which is derived from the operation of a cable television system.

AB207-SSA1, s. 46 Section 46. 196.203 (3) (b) (intro.) of the statutes is amended to read:

AB207-SSA1,56,8 196.203 (3) (b) (intro.) The commission may not deny a petition filed under par. (a) by a provider of cable television service for alternative telecommunications utility status in a particular geographical area as not being in the public interest if basic local exchange service is provided in the same geographical area by any of the following:

AB207-SSA1, s. 47 Section 47. 196.203 (3) (b) 2. of the statutes is amended to read:

AB207-SSA1,56,13 196.203 (3) (b) 2. Subject to par. (c), a telecommunications utility with 50,000 or less access lines in use in this state which also provides cable television service in that geographical area, if provision of cable television service began after September 1, 1994.

AB207-SSA1, s. 48 Section 48. 196.203 (3) (c) of the statutes is amended to read:

AB207-SSA1,56,17 196.203 (3) (c) Paragraph (b) 2. shall not apply if the telecommunications utility's provision of cable television service is limited to the provision of satellite cable programming, as defined in s. 943.47 (1) (b).

AB207-SSA1, s. 49 Section 49. 196.203 (3) (d) of the statutes is amended to read:

AB207-SSA1,56,20 196.203 (3) (d) Section 196.50 (1) (b) applies to an alternative telecommunications utility except for a provider of cable television service.

AB207-SSA1, s. 50 Section 50. 196.203 (3) (e) 1. (intro.) of the statutes is amended to read:

AB207-SSA1,57,2 196.203 (3) (e) 1. (intro.) If a provider of cable television service files a petition under par. (a) for alternative telecommunications status to offer local exchange service, as defined in s. 196.50 (1) (b) 1., in a geographical area served by a telecommunications utility with less than 50,000 access lines in use in this state on September 1, 1994, or at any time thereafter, the commission may not deny the petition as not being in the public interest and shall do any of the following:

AB207-SSA1, s. 51 Section 51. 196.204 (7) of the statutes is repealed.

AB207-SSA1, s. 52 Section 52. 196.44 (1) of the statutes is amended to read:

AB207-SSA1,57,10 196.44 (1) Duty of commission. The commission shall inquire into the neglect or violation of the laws of this state by public utilities and of s. 66.0420, except for s. 66.0420 (9) (c) and (d), by video service franchisees, or by their officers, agents or employees or by persons operating public utilities or video service franchisees, and shall enforce all laws relating to public utilities, and report all violations to the attorney general.

AB207-SSA1, s. 53 Section 53. 196.44 (2) of the statutes is amended to read:

AB207-SSA1,57,17 196.44 (2) Duties of attorney general and district attorneys. Upon request of the commission, the attorney general or the district attorney of the proper county shall aid in any investigation, hearing or trial had under this chapter, and shall institute and prosecute all necessary actions or proceedings for the enforcement of s. 66.0420, except for s. 66.0420 (9) (c) and (d), and all laws relating to public utilities or telecommunications providers, and for the punishment of all violations.

AB207-SSA1, s. 54 Section 54. 196.50 (1) (b) 2. e. of the statutes is amended to read:

AB207-SSA1,57,23 196.50 (1) (b) 2. e. The holder of the permit and the applicant are both providers of cable television video service, if the holder's provision of cable television video service began after September 1, 1994. This subd. 2. e. does not apply if the holder's provision of cable television service is limited to the provision of satellite cable programming, as defined in s. 943.47 (1) (b).

AB207-SSA1, s. 55 Section 55. 196.50 (1) (c) of the statutes is amended to read:

AB207-SSA1,58,5 196.50 (1) (c) Any provision in an agreement or municipal franchise that prohibits entry into the telecommunications or cable television video services market after September 1, 1994, is void. Paragraph (b) and this paragraph do not invalidate an ordinance enacted under s. 66.0419 which requires a provider of cable television services to obtain a franchise before offering those services.

AB207-SSA1, s. 56 Section 56. 196.85 (1m) (b) of the statutes is amended to read:

AB207-SSA1,58,10 196.85 (1m) (b) For the purpose of direct assessment under sub. (1) of expenses incurred by the commission in connection with its activities under s. 196.04 (4), the term "public utility" includes a cable operator, as defined in s. 66.0419 (2) (b) video service provider.

AB207-SSA1, s. 57 Section 57. 196.85 (1m) (d) of the statutes is created to read:

AB207-SSA1,58,15 196.85 (1m) (d) For the purpose of direct assessment under sub. (1) of expenses incurred by the commission in connection with its activities under s. 66.0420, the term "public utility" includes an applicant for a video service franchise, as defined in s. 66.0420 (2) (x), or a video service franchisee, as defined in s. 66.0420 (2) (y).

AB207-SSA1, s. 58 Section 58. 943.46 (title) of the statutes is amended to read:

AB207-SSA1,58,17 943.46 (title) Theft of cable television video service.

AB207-SSA1, s. 59 Section 59. 943.46 (1) (a) of the statutes is renumbered 943.46 (1) (c) and amended to read:

AB207-SSA1,58,24 943.46 (1) (c) "Cable television Video service" has the meaning given in s. 196.01 (1p). "Cable television 66.0420 (2) (v), except that "video service" does not include signals received by privately owned antennas that are not connected to a cable television system video service network whether or not the same signals are provided by a cable television company video service provider.

AB207-SSA1, s. 60 Section 60. 943.46 (1) (d) of the statutes is created to read:

AB207-SSA1,59,2 943.46 (1) (d) "Video service network" has the meaning given in s. 66.0420 (2) (z).

AB207-SSA1, s. 61 Section 61. 943.46 (1) (e) of the statutes is created to read: