AB207-SSA1,5,1210
(c) "Broadband service" means a high-speed service connection to the public
11Internet that is capable of supporting, in at least one direction, a speed in excess of
12200 kilobits per second to a network demarcation point at a subscriber's premises.
AB207-SSA1,5,1313
(d) "Cable franchise" means a franchise granted under s. 66.0419 (3) (b).
AB207-SSA1,5,1414
(e) "Cable operator" has the meaning given in
47 USC 522 (5).
AB207-SSA1,5,1515
(f) "Cable service" has the meaning given in
47 USC 522 (6).
AB207-SSA1,5,1616
(g) "Cable system" has the meaning given in
47 USC 522 (7).
AB207-SSA1,5,1717
(h) "Commission" means the public service commission.
AB207-SSA1,5,2018
(i) "Competitive video service provider" means a person that is providing or
19seeks to provide video service in an area where there is at least one incumbent cable
20operator.
AB207-SSA1,5,2221
(j) "Household" means any individual or group of individuals who are living
22together as one economic unit.
AB207-SSA1,5,2523
(k) "Incumbent cable operator" means a person that, immediately before the
24effective date of this paragraph.... [revisor inserts date], provided cable service in a
25municipality under a cable franchise.
AB207-SSA1,6,2
1(L) "Issued" means, with respect to a video service franchise, issued or
2considered to be issued by the commission.
AB207-SSA1,6,53
(m) "Low-income household" means a household whose aggregate individual
4and group income is not more than 150 percent of the poverty line as determined
5under
42 USC 9902 (2).
AB207-SSA1,6,66
(n) "Municipality" means a city, village, or town.
AB207-SSA1,6,87
(o) "Municipally regulated cable operator" means an incumbent cable operator
8that has not elected to terminate its cable franchise under sub. (3) (b) 1. b.
AB207-SSA1,6,109
(p) "PEG channel" means a channel designated for noncommercial public,
10educational, or governmental use.
AB207-SSA1,6,1211
(q) "PEG channel manager" means a person authorized by a municipality to
12manage PEG channels.
AB207-SSA1,6,1313
(qm) "PEG support fee" means a fee required under sub. (7) (d) 1.
AB207-SSA1,6,1614
(r) "Public rights-of-way" means the areas on, below, or above a public
15roadway, highway, street, public sidewalk, alley, or waterway, and includes utility
16easements dedicated for compatible uses.
AB207-SSA1,6,1817
(s) "Service tier" means a category of video service for which a separate rate is
18charged.
AB207-SSA1,6,2119
(t) "Telecommunications service area" means the area designated by the
20commission as the area in which a telecommunications provider was obligated to
21provide noncompetitive local telephone service.
AB207-SSA1,6,2222
(u) "Video programming" has the meaning given in
47 USC 522 (20).
AB207-SSA1,7,623
(v) "Video service" means video programming and subscriber interaction, if any,
24that is required for the selection or use of video programming, and which is provided
25through wireline facilities located at least in part in the public rights-of-way
1without regard to delivery technology, including Internet protocol technology. "Video
2service" includes cable service. "Video service" does not include any video
3programming provided by a commercial mobile service provider, as defined in
47
4USC 332 (d), or any video programming provided solely as part of, and via, a service
5that enables users to access content, information, electronic mail, or other services
6offered over the public Internet.
AB207-SSA1,7,107
(w) "Video service area" means, with respect to a video service franchisee, the
8geographic area designated by the video service franchisee in its application for a
9video service franchise as the geographic area in which it will offer video services
10during the period of its video service franchise.
AB207-SSA1,7,1211
(x) "Video service franchise" means a franchise issued by the commission under
12sub. (4) (g) 1.
AB207-SSA1,7,1313
(xm) "Video service franchise fee" means a fee required under sub. (7) (c).
AB207-SSA1,7,1514
(y) "Video service franchisee" means a person issued a video service franchise
15by the commission.
AB207-SSA1,7,1916
(z) "Video service network" means wireline facilities, or any component thereof,
17located at least in part in public rights-of-way that deliver video service, without
18regard to delivery technology, including Internet protocol technology or any other
19technology. "Video service network" includes a cable system.
AB207-SSA1,7,24
20(3) Authority to provide video service. (a)
Public rights-of-way. 1. Except
21for a municipally regulated cable operator, no person may provide video service in
22this state, or use the public rights-of-way for installing or constructing facilities for
23the provision of video service, unless the commission has issued a video service
24franchise to the person.
AB207-SSA1,8,5
12. This section does not affect a municipality's authority under s. 182.017 (1)
2to grant permits for the use of public rights-of-way to install or construct facilities
3to provide video service. A municipality is not required to grant a permit under s.
4182.017 (1) to install or construct facilities to provide video service to a person that
5has not been issued a video service franchise or a cable franchise.
AB207-SSA1,8,76
(b)
Incumbent cable operators. 1. An incumbent cable operator may do one of
7the following:
AB207-SSA1,8,108
a. Upon expiration of the incumbent cable operator's cable franchise, apply to
9the municipality that granted the cable franchise for renewal of the cable franchise
10under s. 66.0419 (3).
AB207-SSA1,8,1811
b. At any time prior to expiration of the incumbent cable operator's cable
12franchise, terminate the cable franchise and apply to the commission for a video
13service franchise under sub. (4). At least 180 days before making an application
14under sub. (4), the incumbent cable operator shall provide advance notice to the
15commission, the municipality that granted a cable franchise to the incumbent cable
16operator, and the municipality's PEG channel manager. Termination of the cable
17franchise shall be effective on the date that the commission issues a video service
18franchise to the incumbent cable operator.
AB207-SSA1,8,2019
2. An incumbent cable operator that elects to terminate its cable franchise shall
20do all of the following:
AB207-SSA1,9,321
a. Pay to the municipality that granted the cable franchise and any PEG
22channel manager any accrued but unpaid amounts that are due under the cable
23franchise. Such amounts must be remitted before the 46th day after the date that
24termination of the cable franchise is effective. If the incumbent cable operator has
25a credit for any amounts due under the cable franchise that the incumbent cable
1operator has prepaid, the incumbent cable operator may deduct the amount of the
2credit from any future PEG support or video service franchise fees that the
3incumbent cable operator is required to pay to the municipality.
AB207-SSA1,9,104
b. Pay to the municipality that granted the cable franchise and the
5municipality's PEG channel manager, at the time that they would have been due, all
6monetary payments for PEG channels that would have been due during the
7remaining term of the cable franchise had it not been terminated by the incumbent
8cable operator. All payments made by an incumbent cable operator under this subd.
92. b. shall be credited against any PEG support or video service franchise fees that
10the incumbent cable operator otherwise owes to the municipality.
AB207-SSA1,9,1511
3. An incumbent cable operator that elects to terminate its cable franchise, and
12any successor in interest, is required to comply with any requirements of the
13municipality that granted the franchise that require the incumbent cable operator
14to provide access to video service and that are in effect on the effective date of this
15subdivision .... [revisor inserts date].
AB207-SSA1,9,2416
(c)
Video service franchisees. 1. For purposes of
47 USC 521 to
573, the
17commission is the franchising authority for video service franchisees, and
18municipalities are the exclusive franchising authorities for municipally regulated
19cable operators. The commission may not impose franchising requirements on
20municipally regulated cable operators and municipalities may not impose
21franchising requirements on video service franchisees. Notwithstanding any other
22provision of this section, a video service franchisee that uses telecommunications
23facilities to provide video service is not obligated to provide video service outside the
24video service franchisee's telecommunications service area.
AB207-SSA1,10,5
12. A video service franchisee is not subject to any other franchise obligations
2under state law within its video service area, except as provided in this section.
3Except as provided under this section, neither the commission nor any municipality
4may require a video service franchisee to obtain a separate franchise or pay any
5franchise fee on video service.
AB207-SSA1,10,9
6(4) Video service franchise. (a)
Application; affidavit. An applicant for a
7video service franchise shall submit an application to the commission that includes
8a completed affidavit signed by an officer or general partner of the applicant that
9affirms all of the following:
AB207-SSA1,10,1210
1. That the applicant has filed or will timely file with the federal
11communications commission all forms required by that agency in advance of offering
12video service in this state.
AB207-SSA1,10,1413
2. That the applicant agrees to comply with all applicable federal and state
14statutes, rules, and regulations.
AB207-SSA1,10,1615
3. That the applicant agrees to comply with all applicable regulations of a
16municipality.
AB207-SSA1,10,2017
(b)
Application; video service area. 1. An application under par. (a) shall
18include an exact description of the video service area and identify the number of
19low-income households within the video service area. The video service area shall
20be described in terms of one of the following:
AB207-SSA1,10,2121
a. Telephone service exchange areas.
AB207-SSA1,10,2222
b. A collection of United States Census Bureau 13-digit block numbers.
AB207-SSA1,10,2523
c. Geographic information system digital boundaries meeting or exceeding
24national map accuracy standards established by the U.S. Geological Survey, if the
25area is not large enough to be described as specified in subd. 1. a. or b.
AB207-SSA1,11,1
1d. Municipalities.
AB207-SSA1,11,62
2. If the applicant is an incumbent cable operator that seeks to offer video
3service within one or more municipalities that have issued a cable franchise to the
4applicant, the video service area described under subd. 1. must consist of an area no
5smaller than the aggregate of the service areas under each cable franchise issued by
6a municipality in which the incumbent cable operator seeks to offer video service.
AB207-SSA1,11,87
(c)
Application; other requirements. An application under par. (a) shall contain
8all of the following:
AB207-SSA1,11,109
1. The location and telephone number of the applicant's principal place of
10business within this state.
AB207-SSA1,11,1311
2. The names of the applicant's principal executive officers who are responsible
12for communications concerning the application and the services to be offered
13pursuant to the application.
AB207-SSA1,11,1514
3. The applicant's legal name and any name or names under which the
15applicant does or will provide video services in this state.
AB207-SSA1,11,1816
4. A certification that the applicant concurrently delivered a copy of the
17application to each municipality that includes all or any part of the video service area
18described under par. (b).
AB207-SSA1,11,2319
5. The expected date that the applicant will initially offer video service in the
20video service area described under par. (b). If a video service franchisee does not offer
21video service within 3 months after the expected date, the video service franchisee
22shall amend its application to update the expected date and explain the delay in
23offering video service.
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.