SB107-SSA1, s. 14 12Section 14. 66.0421 (2) of the statutes is amended to read:
SB107-SSA1,27,2013 66.0421 (2) Interference prohibited. The owner or manager of a multiunit
14dwelling under common ownership, control or management or of a mobile home park
15or the association or board of directors of a condominium may not prevent a cable
16operator
video service provider from providing cable video service to a subscriber who
17is a resident of the multiunit dwelling, mobile home park or of the condominium or
18interfere with a cable operator video service provider providing cable video service
19to a subscriber who is a resident of the multiunit dwelling, mobile home park or of
20the condominium.
SB107-SSA1, s. 15 21Section 15. 66.0421 (3) of the statutes is amended to read:
SB107-SSA1,28,622 66.0421 (3) Installation in multiunit building. Before installation, a cable
23operator
video service provider shall consult with the owner or manager of a
24multiunit dwelling or with the association or board of directors of a condominium to
25establish the points of attachment to the building and the methods of wiring. A cable

1operator
video service provider shall install facilities to provide cable video service
2in a safe and orderly manner and in a manner designed to minimize adverse effects
3to the aesthetics of the multiunit dwelling or condominium. Facilities installed to
4provide cable video service may not impair public safety, damage fire protection
5systems or impair fire-resistive construction or components of a multiunit dwelling
6or condominium.
SB107-SSA1, s. 16 7Section 16. 66.0421 (4) of the statutes is amended to read:
SB107-SSA1,28,108 66.0421 (4) Repair responsibility. A cable operator video service provider is
9responsible for any repairs to a building required because of the construction,
10installation, disconnection or servicing of facilities to provide cable video service.
SB107-SSA1, s. 17 11Section 17. 66.0422 (title) of the statutes is amended to read:
SB107-SSA1,28,13 1266.0422 (title) Cable television Video service, telecommunications, and
13broadband facilities.
SB107-SSA1, s. 18 14Section 18. 66.0422 (1) (a) of the statutes is repealed.
SB107-SSA1, s. 19 15Section 19. 66.0422 (1) (d) of the statutes is created to read:
SB107-SSA1,28,1616 66.0422 (1) (d) "Video service" has the meaning given in s. 66.0420 (2) (y).
SB107-SSA1, s. 20 17Section 20. 66.0422 (2) (intro.) of the statutes is amended to read:
SB107-SSA1,28,2218 66.0422 (2) (intro.) Except as provided in subs. (3), (3d), (3m), and (3n), no local
19government may enact an ordinance or adopt a resolution authorizing the local
20government to construct, own, or operate any facility for providing cable video
21service, telecommunications service, or broadband service, directly or indirectly, to
22the public, unless all of the following are satisfied:
SB107-SSA1, s. 21 23Section 21. 66.0422 (3) (b) of the statutes is amended to read:
SB107-SSA1,29,524 66.0422 (3) (b) A majority of the governing board of the local government votes
25to submit the question of supporting the operation of the facility for providing cable

1video service, telecommunications service, or Internet access service, directly or
2indirectly to the public, by the local government to the electors in an advisory
3referendum and a majority of the voters in the local government voting at the
4advisory referendum vote to support operation of such a facility by the local
5government.
SB107-SSA1, s. 22 6Section 22. 66.0422 (3n) of the statutes is amended to read:
SB107-SSA1,29,87 66.0422 (3n) Subsection (2) does not apply to a local government that, on March
81, 2004, was providing cable video service to the public.
SB107-SSA1, s. 23 9Section 23. 70.111 (25) of the statutes is amended to read:
SB107-SSA1,29,1210 70.111 (25) Digital broadcasting equipment. Digital broadcasting equipment
11owned and used by a radio station, television station, or cable television system video
12service network
, as defined in s. 66.0419 (2) (d) 66.0420 (2) (zb).
SB107-SSA1, s. 24 13Section 24. 76.80 (3) of the statutes is amended to read:
SB107-SSA1,29,1814 76.80 (3) "Telecommunications services" means the transmission of voice,
15video, facsimile or data messages, including telegraph messages, except that
16"telecommunications services" does not include cable television video service, as
17defined in s. 66.0420 (2) (y)
, radio, one-way radio paging or transmitting messages
18incidental to transient occupancy in hotels, as defined in s. 254.61 (3).
SB107-SSA1, s. 25 19Section 25. 77.52 (2) (a) 12. of the statutes is amended to read:
SB107-SSA1,29,2120 77.52 (2) (a) 12. The sale of cable television system services, or video services,
21as defined in s. 66.0420 (2) (y),
including installation charges.
SB107-SSA1, s. 26 22Section 26. 100.195 (1) (c) 2. of the statutes, as created by 2005 Wisconsin Act
23458
, is amended to read:
SB107-SSA1,29,2424 100.195 (1) (c) 2. Telecommunications services or cable television services.
SB107-SSA1, s. 27
1Section 27. 100.195 (1) (h) 1. of the statutes, as created by 2005 Wisconsin Act
2458
, is repealed and recreated to read:
SB107-SSA1,30,33 100.195 (1) (h) 1. Video service, as defined in s. 66.0420 (2) (y).
SB107-SSA1, s. 28 4Section 28. 100.209 of the statutes is repealed.
SB107-SSA1, s. 29 5Section 29. 165.25 (4) (ar) of the statutes, as affected by 2005 Wisconsin Act
6458
, is amended to read:
SB107-SSA1,30,127 165.25 (4) (ar) The department of justice shall furnish all legal services
8required by the department of agriculture, trade and consumer protection relating
9to the enforcement of ss. 100.171, 100.173, 100.174, 100.175, 100.177, 100.18,
10100.182, 100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.37, 100.42, 100.50,
11100.51, and 100.195 and chs. 126, 136, 344, 704, 707, and 779, together with any
12other services as are necessarily connected to the legal services.
SB107-SSA1, s. 30 13Section 30. 182.017 (1) of the statutes is renumbered 182.017 (1r) and
14amended to read:
SB107-SSA1,31,515 182.017 (1r) Right-of-way for. Any domestic corporation organized to furnish
16telegraph or telecommunications service or transmit heat, power or electric current
17to the public or for public purposes, an independent system operator, as defined in
18s. 196.485 (1) (d), an independent transmission owner, as defined in s. 196.485 (1)
19(dm), or a cooperative association organized under ch. 185 or 193 to furnish telegraph
20or telecommunications service or a cooperative organized under ch. 185 to transmit
21heat, power or electric current to its members,
company may, subject to ss. 30.44
22(3m), 30.45, 86.16, and 196.491 (3) (d) 3m. and to reasonable regulations made by any
23city, village or town municipality through which its transmission lines or systems
24may pass, construct and maintain such lines or systems with all necessary
25appurtenances in, across or beneath any public highway or bridge or any stream or

1body of water, or upon any lands of any owner consenting thereto, and for such
2purpose may acquire lands or the necessary easements; and may connect and operate
3its lines or system with other lines or systems devoted to like business, within or
4without this state, and charge reasonable rates for the transmission and delivery of
5messages or the furnishing of heat, power, or electric light.
SB107-SSA1, s. 31 6Section 31. 182.017 (1g) of the statutes is created to read:
SB107-SSA1,31,77 182.017 (1g) Definitions. In this section:
SB107-SSA1,31,88 (a) "Commission" means the public service commission.
SB107-SSA1,31,99 (b) "Company" means any of the following:
SB107-SSA1,31,1210 1. A domestic corporation organized to furnish telegraph or
11telecommunications service or transmit heat, power, or electric current to the public
12or for public purposes.
SB107-SSA1,31,1313 2. An independent system operator, as defined in s. 196.485 (1) (d).
SB107-SSA1,31,1414 3. An independent transmission owner, as defined in s. 196.485 (1) (dm).
SB107-SSA1,31,1615 4. A cooperative association organized under ch. 185 or 193 to furnish telegraph
16or telecommunications service.
SB107-SSA1,31,1817 5. A cooperative association organized under ch. 185 to transmit heat, power,
18or electric current to its members.
SB107-SSA1,31,1919 6. An interim cable operator, as defined in s. 66.0420 (2) (n).
SB107-SSA1,31,2020 7. A video service provider, as defined in s. 66.0420 (2) (zg).
SB107-SSA1,31,2121 (c) "Municipality" means a city, village, or town.
SB107-SSA1, s. 32 22Section 32. 182.017 (3) of the statutes is amended to read:
SB107-SSA1,32,723 182.017 (3) Abandoned lines removed. The public service commission after a
24public hearing as provided in s. 196.26, and subject to the right of review as provided
25in ch. 227, may declare any line to have been abandoned or discontinued, if the facts

1warrant such finding. Whenever such a finding shall have been made the
2corporation company shall remove such line, and on failure for 3 months after such
3finding of abandonment or discontinuance, any person owning land over, through or
4upon which such line shall pass, may remove the same, or the supervisors of any town
5within which said lines may be situated, may remove the said lines from the limits
6of its highways, and such person or supervisors shall be entitled to recover from the
7company owning the lines the expense for labor involved in removing the property.
SB107-SSA1, s. 33 8Section 33. 182.017 (5) of the statutes is amended to read:
SB107-SSA1,32,149 182.017 (5) Tree trimming. Any such corporation company which shall in any
10manner destroy, trim or injure any shade or ornamental trees along any such lines
11or systems, or, in the course of tree trimming or removal, cause any damage to
12buildings, fences, crops, livestock or other property, except by the consent of the
13owner, or after the right so to do has been acquired, shall be liable to the person
14aggrieved in 3 times the actual damage sustained, besides costs.
SB107-SSA1, s. 34 15Section 34. 182.017 (6) of the statutes is amended to read:
SB107-SSA1,32,1916 182.017 (6) Municipal franchise required. No lighting or heating corporation
17or lighting or heating cooperative association shall have any right hereunder in any
18city, village or town municipality until it has obtained a franchise or written consent
19for the erection or installation of its lines from such city, village or town municipality.
SB107-SSA1, s. 35 20Section 35. 182.017 (8) of the statutes is created to read:
SB107-SSA1,32,2421 182.017 (8) Commission review. Upon complaint by a company that a
22regulation by a municipality under sub. (1r) is unreasonable, the commission shall
23set a hearing and, if the commission finds that the regulation is unreasonable, the
24regulation shall be void.
SB107-SSA1, s. 36 25Section 36. 182.017 (9) of the statutes is created to read:
SB107-SSA1,33,7
1182.017 (9) Time limit for permits. If a municipality establishes a permit
2process under sub. (1r), the municipality shall approve or deny a permit application
3no later than 60 days after receipt of the application, and, if the municipality fails
4to do so, the municipality shall be considered to have approved the application and
5granted the permit. If a municipality denies a permit application, the municipality
6shall provide the applicant a written explanation of the reasons for the denial at the
7time that the municipality denies the application.
SB107-SSA1, s. 37 8Section 37. 196.01 (1g) of the statutes is amended to read:
SB107-SSA1,33,179 196.01 (1g) "Basic local exchange service" means the provision to residential
10customers of an access facility, whether by wire, cable, fiber optics or radio, and
11essential usage within a local calling area for the transmission of high-quality
122-way interactive switched voice or data communication. "Basic local exchange
13service" includes extended community calling and extended area service. "Basic
14local exchange service" does not include additional access facilities or any
15discretionary or optional services that may be provided to a residential customer.
16"Basic local exchange service" does not include cable television service or services
17provided by a commercial mobile radio service provider.
SB107-SSA1, s. 38 18Section 38. 196.01 (1p) of the statutes is repealed and recreated to read:
SB107-SSA1,33,1919 196.01 (1p) "Cable service" has the meaning given in 47 USC 522 (6).
SB107-SSA1, s. 39 20Section 39. 196.01 (9m) of the statutes is amended to read:
SB107-SSA1,34,221 196.01 (9m) "Telecommunications service" means the offering for sale of the
22conveyance of voice, data or other information at any frequency over any part of the
23electromagnetic spectrum, including the sale of service for collection, storage,
24forwarding, switching and delivery incidental to such communication and including

1the regulated sale of customer premises equipment. "Telecommunications service"
2does not include cable television service or broadcast service.
SB107-SSA1, s. 40 3Section 40. 196.01 (12g) of the statutes is created to read:
SB107-SSA1,34,44 196.01 (12g) "Video service" has the meaning given in s. 66.0420 (2) (y).
SB107-SSA1, s. 41 5Section 41. 196.01 (12r) of the statutes is created to read:
SB107-SSA1,34,76 196.01 (12r) "Video service provider" has the meaning given in s. 66.0420 (2)
7(zg), and also includes an interim cable operator, as defined in s. 66.0420 (2) (n).
SB107-SSA1, s. 42 8Section 42. 196.04 (4) (a) (intro.) and 2. (intro.) of the statutes are
9consolidated, renumbered 196.04 (4) (a) (intro.) and amended to read:
SB107-SSA1,34,1110 196.04 (4) (a) (intro.) In this subsection: 2. "Sewerage, "sewerage system
11operator" means any of the following:
SB107-SSA1, s. 43 12Section 43. 196.04 (4) (a) 1. of the statutes is repealed.
SB107-SSA1, s. 44 13Section 44. 196.04 (4) (a) 2. a. to e. of the statutes are renumbered 196.04 (4)
14(a) 1. to 5.
SB107-SSA1, s. 45 15Section 45. 196.04 (4) (b) of the statutes is amended to read:
SB107-SSA1,35,516 196.04 (4) (b) If the parties cannot agree and the commission finds that public
17convenience and necessity or the rendition of reasonably adequate service to the
18public requires that a public utility, telecommunications provider, sewerage system
19operator, or cable operator video service provider be permitted to extend its lines on,
20over or under the right-of-way of any railroad, or requires that the tracks of any
21railroad be extended on, over or under the right-of-way of any public utility,
22telecommunications provider, sewerage system operator, or cable operator video
23service provider
, the commission may order the extension by the public utility,
24telecommunications provider, sewerage system operator, cable operator video
25service provider,
or railroad on, over or under the right-of-way of the other if it will

1not materially impair the ability of the railroad, telecommunications provider,
2sewerage system operator, cable operator video service provider, or public utility, on,
3over or under whose right-of-way the extension would be made, to serve the public.
4The commission shall prescribe lawful conditions and compensation which the
5commission deems equitable and reasonable in light of all the circumstances.
SB107-SSA1, s. 46 6Section 46. 196.195 (5) of the statutes is amended to read:
SB107-SSA1,35,167 196.195 (5) Commission action. If after the proceedings under subs. (2), (3) and
8(4) the commission has determined that effective competition exists in the market
9for the telecommunications service which justifies a lesser degree of regulation and
10that lesser regulation in that market will serve the public interest, the commission
11may, by order, suspend any of the following provisions of law, except as provided
12under subs. (7) and (8): ch. 201 and s. 196.02 (2); s. 196.05; s. 196.06; s. 196.07; s.
13196.09; s. 196.10; s. 196.12; s. 196.13 (2); s. 196.19; tariffing requirements under s.
14196.194; s. 196.196 (1) or (5); s. 196.20; s. 196.204 (7); s. 196.21; s. 196.22; s. 196.26;
15s. 196.28; s. 196.37; s. 196.49; s. 196.52; s. 196.58; s. 196.60; s. 196.604; s. 196.77; s.
16196.78; s. 196.79; and s. 196.805.
SB107-SSA1, s. 47 17Section 47. 196.203 (1m) of the statutes is amended to read:
SB107-SSA1,35,2118 196.203 (1m) Any person claiming to be a cable television telecommunications
19service provider under this section shall annually file with the commission any
20information required by the commission to determine the gross income of the person
21which is derived from the operation of a cable television system.
SB107-SSA1, s. 48 22Section 48. 196.203 (3) (b) (intro.) of the statutes is amended to read:
SB107-SSA1,36,223 196.203 (3) (b) (intro.) The commission may not deny a petition filed under par.
24(a) by a provider of cable television service for alternative telecommunications utility
25status in a particular geographical area as not being in the public interest if basic

1local exchange service is provided in the same geographical area by any of the
2following:
SB107-SSA1, s. 49 3Section 49. 196.203 (3) (b) 2. of the statutes is amended to read:
SB107-SSA1,36,74 196.203 (3) (b) 2. Subject to par. (c), a telecommunications utility with 50,000
5or less access lines in use in this state which also provides cable television service in
6that geographical area, if provision of cable television service began after September
71, 1994.
SB107-SSA1, s. 50 8Section 50. 196.203 (3) (c) of the statutes is amended to read:
SB107-SSA1,36,119 196.203 (3) (c) Paragraph (b) 2. shall not apply if the telecommunications
10utility's provision of cable television service is limited to the provision of satellite
11cable programming, as defined in s. 943.47 (1) (b).
SB107-SSA1, s. 51 12Section 51. 196.203 (3) (d) of the statutes is amended to read:
SB107-SSA1,36,1413 196.203 (3) (d) Section 196.50 (1) (b) applies to an alternative
14telecommunications utility except for a provider of cable television service.
SB107-SSA1, s. 52 15Section 52. 196.203 (3) (e) 1. (intro.) of the statutes is amended to read:
SB107-SSA1,36,2116 196.203 (3) (e) 1. (intro.) If a provider of cable television service files a petition
17under par. (a) for alternative telecommunications status to offer local exchange
18service, as defined in s. 196.50 (1) (b) 1., in a geographical area served by a
19telecommunications utility with less than 50,000 access lines in use in this state on
20September 1, 1994, or at any time thereafter, the commission may not deny the
21petition as not being in the public interest and shall do any of the following:
SB107-SSA1, s. 53 22Section 53. 196.204 (7) of the statutes is repealed.
SB107-SSA1, s. 54 23Section 54. 196.50 (1) (b) 2. e. of the statutes is amended to read:
SB107-SSA1,37,324 196.50 (1) (b) 2. e. The holder of the permit and the applicant are both providers
25of cable television video service, if the holder's provision of cable television video

1service began after September 1, 1994. This subd. 2. e. does not apply if the holder's
2provision of cable television service is limited to the provision of satellite cable
3programming, as defined in s. 943.47 (1) (b).
SB107-SSA1, s. 55 4Section 55. 196.50 (1) (c) of the statutes is amended to read:
SB107-SSA1,37,95 196.50 (1) (c) Any provision in an agreement or municipal franchise that
6prohibits entry into the telecommunications or cable television video services market
7after September 1, 1994, is void. Paragraph (b) and this paragraph do not invalidate
8an ordinance enacted under s. 66.0419 which requires a provider of cable television
9services to obtain a franchise before offering those services.
Loading...
Loading...