SB107-SSA1,4,87 (d) Timely entry into the market is critical for new entrants seeking to compete
8with existing providers.
SB107-SSA1,4,119 (e) This state's economy would be enhanced by additional investment in
10communications and video programming infrastructure by existing and new
11providers of video service.
SB107-SSA1,4,1312 (f) Minimal regulation of all providers of video service within a uniform
13framework will promote the investment described in par. (e).
SB107-SSA1,4,1614 (g) Ensuring that existing providers of video service are subject to the same
15regulatory requirements and procedures as new entrants will ensure fair
16competition among all providers.
SB107-SSA1,4,2117 (h) This section is an enactment of statewide concern for the purpose of
18providing uniform regulation of video service that promotes investment in
19communications and video infrastructures and the continued development of this
20state's video service marketplace within a framework that is fair and equitable to all
21providers.
SB107-SSA1,4,22 22(2) Definitions. In this section:
SB107-SSA1,4,2523 (a) "Affiliate", when used in relation to any person, means another person who
24owns or controls, is owned or controlled by, or is under common ownership or control
25with such person.
SB107-SSA1,5,3
1(b) "Basic local exchange service area" means the area on file with the public
2service commission in which a telecommunications video service provider provides
3basic local exchange service, as defined in s. 196.01 (1g).
SB107-SSA1,5,54 (c) "Cable franchise" means a franchise granted under s. 66.0419 (3) (b), 2005
5stats.
SB107-SSA1,5,66 (d) "Cable operator" has the meaning given in 47 USC 522 (5).
SB107-SSA1,5,77 (e) "Cable service" has the meaning given in 47 USC 522 (6).
SB107-SSA1,5,88 (f) "Cable system" has the meaning given in 47 USC 522 (7).
SB107-SSA1,5,99 (g) "Department" means the department of financial institutions.
SB107-SSA1,5,1010 (h) "FCC" means the federal communications commission.
SB107-SSA1,5,1211 (i) "Franchise fee" has the meaning given in 47 USC 542 (g), and includes any
12compensation required under s. 66.0425.
SB107-SSA1,5,1513 (j) 1. "Gross receipts" means all revenues received by and paid to a video service
14provider by subscribers residing within a municipality for video service, including
15all of the following:
SB107-SSA1,5,1616 a. Recurring charges for video service.
SB107-SSA1,5,1817 b. Event-based charges for video service, including pay-per-view and
18video-on-demand charges.
SB107-SSA1,5,1919 c. Rental of set top boxes and other video service equipment.
SB107-SSA1,5,2120 d. Service charges related to the provision of video service, including activation,
21installation, repair, and maintenance charges.
SB107-SSA1,5,2322 e. Administrative charges related to the provision of video service, including
23service order and service termination charges.
SB107-SSA1,5,2524 2. Notwithstanding subd. 1., "gross receipts" does not include any of the
25following:
SB107-SSA1,6,2
1a. Discounts, refunds, and other price adjustments that reduce the amount of
2compensation received by a video service provider.
SB107-SSA1,6,53 b. Uncollectible fees, except that any uncollectible fees that are written off as
4bad debt but subsequently collected shall be included as gross receipts in the period
5collected, less the expenses of collection.
SB107-SSA1,6,66 c. Late payment charges.
SB107-SSA1,6,77 d. Maintenance charges.
SB107-SSA1,6,128 e. Amounts billed to video service subscribers to recover taxes, fees, surcharges
9or assessments of general applicability or otherwise collected by a video service
10provider from video service subscribers for pass through to any federal, state, or local
11government agency, including video service provider fees and regulatory fees paid to
12the FCC under 47 USC 159.
SB107-SSA1,6,1513 f. Revenue from the sale of capital assets or surplus equipment not used by the
14purchaser to receive video service from the seller of those assets or surplus
15equipment.
SB107-SSA1,6,2316 g. Charges, other than those described in subd. 1., that are aggregated or
17bundled with amounts described in subd. 1. and billed to video service subscribers,
18including but not limited to any revenues received by a video service provider or its
19affiliates for telecommunications services, information services, or the provision of
20directory or Internet advertising, including yellow pages, white pages, banner
21advertisement, and electronic publishing, if a video service provider can reasonably
22identify such charges on books and records kept in the regular course of business or
23by other reasonable means.
SB107-SSA1,6,2524 h. Reimbursement by programmers of marketing costs actually incurred by a
25video service provider.
SB107-SSA1,7,5
1(k) "Household" means a house, apartment, mobile home, group of rooms, or
2single room that is intended for occupancy as separate living quarters. For purposes
3of this paragraph, "separate living quarters" are those in which the occupants live
4and eat separately from any other persons in the building and which have direct
5access from the outside of the building or through a common hall.
SB107-SSA1,7,96 (L) "Incumbent cable operator" means a person who, immediately before the
7effective date of this paragraph, was providing cable service under a cable franchise,
8expired cable franchise, or cable franchise extension, or under an ordinance or
9resolution adopted or enacted by a municipality.
SB107-SSA1,7,1110 (m) "Institutional network" means a network that connects governmental,
11educational, and community institutions.
SB107-SSA1,7,1412 (n) "Interim cable operator" means an incumbent cable operator that elects to
13continue to provide cable service under a cable franchise as specified in sub. (3) (b)
142. a.
SB107-SSA1,7,1615 (o) "Issued" means, with respect to a video service franchise, issued or
16considered to be issued by the department under sub. (3) (f) 2.
SB107-SSA1,7,2017 (p) "Large telecommunications video service provider" means a
18telecommunications video service provider that, on January 1, 2007, had more than
19500,000 basic local exchange access lines in this state or an affiliate of such a
20telecommunication video service provider.
SB107-SSA1,7,2421 (q) "Low-income household" means any individual or group of individuals
22living together as one economic unit in a household whose aggregate annual income
23is not more than $35,000, as identified by the United States Census Bureau as of
24January 1, 2007.
SB107-SSA1,7,2525 (r) "Municipality" means a city, village, or town.
SB107-SSA1,8,2
1(s) "PEG channel" means a channel designated for noncommercial public,
2educational, or governmental use.
SB107-SSA1,8,33 (sm) "Qualified cable operator" means any of the following:
SB107-SSA1,8,64 1. A cable operator that has provided cable service in this state for at least 3
5years prior to applying for a video service franchise and that has never had a cable
6franchise revoked by a municipality.
SB107-SSA1,8,77 2. An affiliate of a cable operator specified in subd. 1.
SB107-SSA1,8,108 3. A cable operator that, on the date that it applies for a video service franchise,
9is one of the 10 largest video service providers in the United States as measured by
10the total number of video service subscribers nationally.
SB107-SSA1,8,1111 4. A parent corporation of a cable operator specified in subd. 3.
SB107-SSA1,8,1312 (t) "Service tier" means a category of video service for which a separate rate is
13charged.
SB107-SSA1,8,1514 (u) "State agency" means any board, commission, department, or office in the
15state government.
SB107-SSA1,8,1616 (um) "Telecommunications utility" has the meaning given in s. 196.01 (10).
SB107-SSA1,8,1917 (v) "Telecommunications video service provider" means a video service provider
18that uses facilities for providing telecommunications service, as defined in s. 196.01
19(9m), also to provide video service.
SB107-SSA1,8,2220 (w) "Video franchise area" means the area or areas described in an application
21for a video service franchise under sub. (3) (d) 2., as modified, if applicable, in a
22notification made under sub. (3) (j).
SB107-SSA1,8,2423 (x) "Video programming" means programming provided by, or generally
24considered comparable to programming provided by, a television broadcast station.
SB107-SSA1,9,5
1(y) "Video service" means any video programming service, cable service, or
2service provided via an open video system that complies with 47 USC 573, that is
3provided through facilities located at least in part in public rights-of-way, without
4regard to delivery technology, including Internet protocol technology or any other
5technology. "Video service" does not include any of the following:
SB107-SSA1,9,76 1. Video programming provided by a commercial mobile radio service provider,
7as defined in s. 196.01 (2g).
SB107-SSA1,9,108 2. Video programming provided solely as part of and via a service that enables
9users to access content, information, electronic mail, or any other service offered over
10the public Internet.
SB107-SSA1,9,1111 (z) "Video service franchise" means a franchise issued under sub. (3) (f) 2.
SB107-SSA1,9,1512 (zb) "Video service network" means wireline facilities, or any component
13thereof, located at least in part in the public right-of-way that deliver video service,
14without regard to delivery technology, including Internet protocol technology or any
15other technology. "Video service network" includes a cable system.
SB107-SSA1,9,1816 (zg) "Video service provider" means a person, including an incumbent cable
17operator, who is issued a video service franchise or a successor or assign of such a
18person.
SB107-SSA1,9,2019 (zm) "Video service provider fee" means the fee paid by a video service provider
20under sub. (7).
SB107-SSA1,9,24 21(3) Authority to provide video service. (a) In general. Except for an interim
22cable operator, and except as provided in par. (c), no person may provide video service
23in this state unless the department has issued a video service franchise to the person
24and the person has provided the notice required under par. (h).
SB107-SSA1,10,3
1(b) Incumbent cable operators. 1. A municipality may not renew or extend the
2cable franchise of an incumbent cable operator that expires after the effective date
3of this subdivision .... [revisor inserts date].
SB107-SSA1,10,44 2. An incumbent cable operator may do one of the following:
SB107-SSA1,10,65 a. Continue to provide cable service as an interim cable operator until the cable
6franchise expires.
SB107-SSA1,10,137 b. Apply for a video service franchise. If an incumbent cable operator applies
8for a video service franchise, the cable franchise shall terminate and have no effect
9upon issuance of the video service franchise. Upon termination of the cable
10franchise, the municipality that granted the franchise shall, at the request of the
11incumbent cable operator, surrender, return, or take such other action as may be
12necessary to nullify any bond, letter of credit, or similar instrument intended to
13secure the performance of the incumbent cable operator under the cable franchise.
SB107-SSA1,10,2414 3. An incumbent cable operator whose cable franchise expires after the
15effective date of this subdivision .... [revisor inserts date], may not, after expiration
16of the cable franchise, provide video service in this state unless the incumbent cable
17operator applies for a video service franchise under subd. 2. b. and, upon issuance
18of the video service franchise, provides the notice required under par. (h). An
19incumbent cable operator whose cable franchise expired before the effective date of
20this subdivision .... [revisor inserts date], and who was providing cable service
21immediately before the effective date of this act, may continue to provide cable
22service if, no later than the first day of the 2nd month beginning after the effective
23date of this subdivision .... [revisor inserts date], the incumbent cable operator
24applies for a video service franchise under subd. 2. b.
SB107-SSA1,11,7
1(c) Other providers. A person, other than an incumbent cable operator, who was
2providing video service immediately before the effective date of this paragraph ....
3[revisor inserts date], may provide video service without a video service franchise
4issued by the department. This paragraph ceases to apply to such a person if the
5person does not apply for a video service franchise no later than the first day of the
62nd month beginning after the effective date of this paragraph .... [revisor inserts
7date].
SB107-SSA1,11,98 (d) Application. An applicant for a video service franchise shall submit an
9application to the department that consists of all of the following:
SB107-SSA1,11,1210 1. The location and telephone number of the applicant's principal place of
11business, the names of the principal executive officers of the applicant, and the
12names of any persons authorized to represent the applicant before the department.
SB107-SSA1,11,1413 2. A description of the area or areas of the state in which the applicant intends
14to provide video service.
SB107-SSA1,11,1615 3. The date on which the applicant intends to begin providing video service in
16the video franchise area.
SB107-SSA1,11,1817 4. An affidavit signed by an officer or general partner of the applicant that
18affirms all of the following:
SB107-SSA1,11,2019 a. That the applicant has filed or will timely file with the FCC all forms required
20by the FCC in advance of offering video service.
SB107-SSA1,11,2221 b. That the applicant agrees to comply with this section and all applicable
22federal statutes and regulations.
SB107-SSA1,11,2423 c. That the applicant is legally, financially, and technically qualified to provide
24video service.
SB107-SSA1,11,2525 5. A description of the services that the applicant proposes to provide.
SB107-SSA1,12,1
16. An application fee of $1,000.
SB107-SSA1,12,62 (e) Service upon municipalities. 1. At the time that an applicant submits an
3application under par. (d), or a video service provider submits a notification
4regarding a modification to an application under par. (j), to the department, the
5applicant or video service provider shall serve a copy of the application or notification
6on each municipality in the video franchise area.
SB107-SSA1,12,127 2. a. This subdivision applies only to a municipality that, under subd. 1., is
8served a copy of an application or that, under subd. 1., is served a copy of a
9notification relating to an expansion of the area or areas of the state in which a video
10service provider intends to provide video service, if the municipality has not
11previously been served a copy of an application under subd. 1. by that video service
12provider.
SB107-SSA1,12,1913 b. If a municipality specified in subd. 2. a. has granted any cable franchise that
14is in effect immediately before the effective date of this subdivision .... [revisor inserts
15date], the municipality shall, no later than 10 business days after receipt of the copy,
16notify the applicant in writing of the number of PEG channels for which incumbent
17cable operators are required to provide channel capacity in the municipality and the
18percentage of revenues that incumbent cable operators are required to pay the
19municipality as franchise fees.
SB107-SSA1,12,2320 (f) Department duties. 1. No later than 15 business days after the filing of an
21application, the department shall notify the applicant in writing as to whether the
22application is complete and, if the department has determined that the application
23is not complete, the department shall state the reasons for the determination.
SB107-SSA1,13,924 2. No later than 15 business days after the filing of an application that the
25department has determined is complete, the department shall determine whether

1an applicant is legally, financially, and technically qualified to provide video service.
2If the department determines that an applicant is legally, financially, and technically
3qualified to provide video service, the department shall issue a video service
4franchise to the applicant. If the department determines that an applicant is not
5legally, financially, and technically qualified to provide video service, the department
6shall reject the application and shall state the reasons for the determination. If the
7department fails to make the determination, the department shall be considered to
8have issued a video service franchise to the applicant, unless the applicant
9withdraws the application or agrees with the department to an extension of time.
SB107-SSA1,13,1210 3. Notwithstanding subd. 2., if an applicant is a telecommunications utility or
11qualified cable operator, the department shall determine that the applicant is legally,
12financially, and technically qualified to provide video service.
SB107-SSA1,13,1513 4. The department shall promulgate rules for determining whether an
14applicant that is not a telecommunications utility or qualified cable operator is
15legally, financially, and technically qualified to provide video service.
SB107-SSA1,13,1916 (g) Effect of video service franchise. A video service franchise issued by the
17department authorizes a video service provider to occupy the public rights-of-way
18and to construct, operate, maintain, and repair a video service network to provide
19video service in the video franchise area.
SB107-SSA1,13,2220 (h) Notice before providing service. No later than 10 business days before
21providing video service in a municipality in a video franchise area, a video service
22provider shall provide notice to the department and the municipality.
SB107-SSA1,14,323 (i) Expiration and revocation of video service franchise. 1. Except as provided
24in subd. 2., a video service franchise issued to a video service provider does not expire,
25unless the video service provider gives 30 days' advance notice to the department

1that the video service provider intends to terminate the video service franchise. If
2a video service provider gives such notice, the video service franchise shall expire on
3the termination date stated in the notice.
SB107-SSA1,14,134 2. The department may revoke a video service franchise issued to a video
5service provider if the department determines that the video service provider has
6willfully and knowingly repeatedly failed to substantially meet a material
7requirement imposed upon it by this section and the department has not otherwise
8acquiesced in such noncompliance through a waiver. Before commencing a
9revocation proceeding, the department shall provide the video service provider
10written notice of the department's intention to revoke the franchise and the
11department's reasons for the revocation and afford the video service provider a
12reasonable opportunity to cure any alleged violation. A revocation proceeding under
13this subdivision is a contested case under ch. 227.
SB107-SSA1,14,2514 (j) Modifications. If there is any change in the information included in an
15application filed by a video service provider under this subsection, the video service
16provider shall notify the department and update the information within 10 business
17days after the change, except that if the video service provider determines to expand
18the area or areas of the state in which the video service provider intends to provide
19video service, the video service provider shall notify the department as soon as
20practicable after making such a determination but no later than 10 business days
21before providing video service in the expansion area or areas. A video service
22provider that makes a notification regarding a change in the information specified
23in par. (d) 2., 3., 4., or 5., shall include with the notification a fee of $100. No fee is
24required for a notification regarding a change in the information specified in par. (d)
251.
SB107-SSA1,15,8
1(4) Franchising authority. For purposes of 47 USC 521 to 573, the state is the
2exclusive franchising authority for video service providers in this state.
3Notwithstanding s. 66.0425 and except as provided in s. 182.017, no municipality
4may require a video service provider to obtain a franchise to provide video service or
5impose on a video service provider any fee or requirement relating to the construction
6of a video service network or the provision of video service, including any
7requirement to deploy facilities or equipment or any requirement regarding rates for
8video service, except as specifically authorized under this section.
SB107-SSA1,15,16 9(5) PEG channels. (a) Maximum number of PEG channels. 1. If an incumbent
10cable operator is providing channel capacity for PEG channels to a municipality
11under a cable franchise in effect immediately before the effective date of this
12subdivision .... [revisor inserts date], the municipality shall require each interim
13cable operator or video service provider that provides video service in the
14municipality to provide channel capacity for the same number of PEG channels for
15which channel capacity is provided immediately before the effective date of this
16subdivision .... [revisor inserts date].
SB107-SSA1,16,217 2. a. Except as provided in subd. 2. b. and c., if no incumbent cable operator is
18providing channel capacity for PEG channels to a municipality under a cable
19franchise that is in effect immediately before the effective date of this subd. 2. a. ....
20[revisor inserts date], then, if the municipality has a population of 50,000 or more,
21the municipality may require each interim cable operator and video service provider
22that provides video service in the municipality to provide channel capacity for up to
233 PEG channels, and, if the municipality has a population of less than 50,000, the
24municipality may require each interim cable operator and video service provider that

1provides video service in the municipality to provide channel capacity for no more
2than 2 PEG channels.
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