Amendment AA1-AB696

LRBa1478/1

MDK:nwn:ph

2009 - 2010 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO 2009 ASSEMBLY BILL 696

February 8, 2010 - Offered by Representative Zepnick.

AB696-AA1,1,1 At the locations indicated, amend the bill as follows:

AB696-AA1,1,3 1. Page 2, line 9: delete "access charges" and substitute "wholesale access rates".

AB696-AA1,1,4 2. Page 2, line 10: before "tandem" insert "and".

AB696-AA1,1,6 3. Page 2, line 11: delete "records, granting rule-making authority, and making" and substitute "records.".

AB696-AA1,1,7 4. Page 2, line 12: delete that line.

AB696-AA1,1,8 5. Page 7, line 1: delete lines 1 to 4.

AB696-AA1,1,10 6. Page 9, line 18: delete the material beginning with that line and ending with page 14, line 9.

AB696-AA1,1,12 7. Page 14, line 10: delete the material beginning with that line and ending with page 15, line 8, and substitute:

AB696-AA1,1,13 " Section 13m. 196.194 (1) of the statutes is repealed.

AB696-AA1, s. 13q Section 13q. 196.194 (2) (title) of the statutes is repealed.

AB696-AA1, s. 13s Section 13s. 196.194 (2) of the statutes is renumbered 196.194 and amended to read:

AB696-AA1,3,2 196.194 Public Gas utility individual contracts. Nothing in ss. 196.03, 196.19, 196.20, 196.21, 196.22, 196.37, 196.60, 196.604 and 196.625 prohibits the commission from approving the filing of a tariff which permits a gas utility to enter into an individual contract with an individual customer if the term of the contract is no more than 5 years, or a longer period approved by the commission, and if the commission determines that substitute gas services are available to customers or potential customers of the gas utility and the absence of such a tariff will cause the gas utility to be disadvantaged in competing for business. A tariff filed under this subsection section shall include the condition that any such contract shall be compensatory. The tariff shall include any other condition and procedure required by the commission in the public interest. Within 20 days after a contract authorized under this subsection section or an amendment to such a contract has been executed, the gas utility shall submit the contract to the commission. The commission shall give notice to any person, upon request, that a contract authorized under this subsection section has been received by the commission. The notice shall identify the gas utility that has entered into the contract. Within 6 months after receiving substantial evidence that a contract may be noncompensatory, or upon its own motion, the commission shall investigate and determine whether the contract is compensatory. If the commission determines that the contract is noncompensatory, the commission may make appropriate adjustments in the rates or tariffs of the gas utility that has entered into the contract, in addition to other remedies under this chapter. The dollar amount of the adjustment may not be less than the amount by which the contract was found to be noncompensatory.".

AB696-AA1,3,3 8. Page 15, line 18: delete "tariffing requirements under s. 196.194 (1) or".

AB696-AA1,3,5 9. Page 18, line 5: delete "ss. 196.193, and 196.195" and substitute "ss. s. 196.193, 196.195".

AB696-AA1,3,7 10. Page 18, line 6: delete "(12) and 196.196" and substitute "(12) and 196.196".

AB696-AA1,3,10 11. Page 18, line 20: after "196.025 (6)" insert "and except that only with respect to its wholesale access services an alternative telecommunications utility is subject to 196.03 and 196.37,".

AB696-AA1,3,11 12. Page 19, line 21: delete lines 21 and 22.

AB696-AA1,3,13 13. Page 20, line 8: delete "any provision of ch. 201 or a provision of this chapter" and substitute "any a provision of ch. 201 or this chapter".

AB696-AA1,3,14 14. Page 21, line 3: before "(3) (a)" insert "(2r),".

AB696-AA1,3,15 15. Page 21, line 5: delete "or 196.858" and substitute "196.858, or 196.859".

AB696-AA1,3,16 16. Page 22, line 18: delete lines 18 to 24 and substitute:

AB696-AA1,3,17 " Section 55m. 196.205 of the statutes is repealed.".

AB696-AA1,3,18 17. Page 23, line 13: delete lines 13 to 15.

AB696-AA1,3,19 18. Page 24, line 2: after that line insert:

AB696-AA1,4,2 "(2) Call originators. Beginning no later than 12 months after the effective date of this subsection .... [LRB inserts date], a commercial mobile radio service provider or competitive local exchange carrier that originates a call must transmit with that call all information necessary for the proper identification of the provider or carrier originating the call and for the proper billing of intercarrier compensation to the call.".

AB696-AA1,4,3 19. Page 24, line 3: delete "(2)" and substitute "(3)".

AB696-AA1,4,4 20. Page 24, line 3: delete "24" and substitute "18".

AB696-AA1,4,5 21. Page 24, line 21: delete lines 21 to 23.

AB696-AA1,4,6 22. Page 25, line 8: delete lines 8 and 9 and substitute:

AB696-AA1,4,8 "196.218 (3) (f) Notwithstanding ss. 196.196 (1) and (5) (d) 2., 196.20 (2m), (5) and (6), 196.213 and 196.215, a A telecommunications utility that provides local".

AB696-AA1,4,9 23. Page 26, line 1: delete lines 1 to 3.

AB696-AA1,4,10 24. Page 26, line 8: delete "and price".

AB696-AA1,4,11 25. Page 26, line 9: delete "regulation and" and substitute "and".

AB696-AA1,4,12 26. Page 26, line 13: delete lines 13 to 21.

AB696-AA1,4,13 27. Page 27, line 1: before that line insert:

AB696-AA1,4,14 " Section 71g. 196.219 (2) (a) of the statutes is amended to read:

AB696-AA1,4,20 196.219 (2) (a) Notwithstanding any exemptions identified in this chapter except s. ss. 196.202, 196.203, and 196.50, a telecommunications utility or provider shall provide protection to its consumers under this section unless exempted in whole or in part by rule or order of the commission under this section. The commission shall promulgate rules that identify the conditions under which provisions of this section may be suspended.

AB696-AA1, s. 71r Section 71r. 196.219 (2r) of the statutes is created to read:

AB696-AA1,5,2 196.219 (2r) Wholesale access rates. Any reduction in wholesale access rates ordered by the commission prior to the effective date of this subsection .... [LRB inserts date], including any reduction ordered pursuant to s. 196.195, shall remain effective unless modified by the commission in a subsequent order.".

AB696-AA1,5,5 28. Page 27, line 16: delete lines 16 and 17 and substitute "rates, tolls or charges without the approval of the commission, except as provided in s. 196.205 or 196.215 (2).".

AB696-AA1,5,6 29. Page 28, line 1: after that line insert:

AB696-AA1,5,7 " Section 80m. 196.50 (title) of the statutes is amended to read:

AB696-AA1,5,9 196.50 (title) Competing public utilities; indeterminate permits, telecommunications; telecommunications utility certification.".

AB696-AA1,5,10 30. Page 28, line 19: after "(i)" insert "and (im)".

AB696-AA1,5,11 31. Page 28, line 19: delete "is" and substitute "are".

AB696-AA1,5,12 32. Page 28, line 21: after "196.02 (2)," insert "196.03,".

AB696-AA1,6,8 33. Page 28, line 23: delete that line and substitute "196.78, and 196.79, except that with respect only to their wholesale access services, a telecommunications utility certified under this section with less than 50,000 access lines is subject to s. 196.03 and, with respect only to their wholesale access services, a telecommunications utility certified under this subsection with more than 50,000 and less than 150,000 access lines is subject to ss. 196.03 and 196.37. The intrastate access rates of a telecommunications utility with 150,000 or more access lines may not exceed the telecommunications utility's interstate rates for similar access services, except that such a telecommunications utility shall not assess an intrastate carrier common line charge or a substitute charge. Except to enforce this paragraph, the commission may not review or set the access rates for a telecommunications utility with 150,000 or more access lines. A telecommunications utility certified under this subsection may file tariffs with the commission designating the rates, terms, and conditions of its wholesale access services. A telecommunications utility certified under this subsection may decrease its wholesale access rates without notice to the commission. A telecommunications utility certified under this subsection with less than 150,000 access lines may seek to increase its wholesale access service rates by petitioning the commission for approval of such an increase and, after notice, the commission may review and approve or reject that petition subject to the standards set forth in s. 196.03 (6).".

AB696-AA1,6,9 34. Page 28, line 23: after that line insert:

AB696-AA1,6,10 "(im) If the commission imposes a provision of this chapter or ch. 201".

AB696-AA1,6,11 35. Page 29, line 9: delete "issuing" and substitute "granting".

AB696-AA1,6,13 36. Page 29, line 10: delete "196.203 and terminating" and substitute "196.203. The granting of such certification shall operate to terminate".

AB696-AA1,6,15 37. Page 29, line 14: delete "maintain the certification" and substitute "recertify the telecommunications utility".

AB696-AA1,6,16 38. Page 29, line 15: delete "but to regulate" and substitute "and regulate".

AB696-AA1,6,18 39. Page 29, line 18: after "order" insert "granting a new certification under this subsection and".

AB696-AA1,6,22 40. Page 29, line 19: after "telecommunications utility" insert "and all requirements imposed by the commission, whether by statute or commission rule or order, on the telecommunications utility's previous certification are terminated on the effective date of the order".

AB696-AA1,6,23 41. Page 33, line 6: delete that line.

AB696-AA1,6,24 42. Page 33, line 7: delete that line and substitute:

AB696-AA1,7,2 "(1m) In this subsection:".

AB696-AA1,7,3 43. Page 33, line 8: delete "1." and substitute "(a)".

AB696-AA1,7,4 44. Page 33, line 9: delete "2." and substitute "(b)".