SB469-SA2, s. 13s
1Section 13s. 196.194 (2) of the statutes is renumbered 196.194 and amended
2to read:
SB469-SA2,5,25 3196.194 Public Gas utility individual contracts. Nothing in ss. 196.03,
4196.19, 196.20, 196.21, 196.22, 196.37, 196.60, 196.604 and 196.625 prohibits the
5commission from approving the filing of a tariff which permits a gas utility to enter
6into an individual contract with an individual customer if the term of the contract
7is no more than 5 years, or a longer period approved by the commission, and if the
8commission determines that substitute gas services are available to customers or
9potential customers of the gas utility and the absence of such a tariff will cause the
10gas utility to be disadvantaged in competing for business. A tariff filed under this
11subsection section shall include the condition that any such contract shall be
12compensatory. The tariff shall include any other condition and procedure required
13by the commission in the public interest. Within 20 days after a contract authorized
14under this subsection section or an amendment to such a contract has been executed,
15the gas utility shall submit the contract to the commission. The commission shall
16give notice to any person, upon request, that a contract authorized under this
17subsection section has been received by the commission. The notice shall identify the
18gas utility that has entered into the contract. Within 6 months after receiving
19substantial evidence that a contract may be noncompensatory, or upon its own
20motion, the commission shall investigate and determine whether the contract is
21compensatory. If the commission determines that the contract is noncompensatory,
22the commission may make appropriate adjustments in the rates or tariffs of the gas
23utility that has entered into the contract, in addition to other remedies under this
24chapter. The dollar amount of the adjustment may not be less than the amount by
25which the contract was found to be noncompensatory.".
SB469-SA2,5,26
17. Page 15, line 18: delete "tariffing requirements under s. 196.194 (1) or".
SB469-SA2,6,3 28. Page 18, line 5: delete "ss. 196.193, and 196.195" and substitute "ss. s.
3196.193, 196.195".
SB469-SA2,6,4 49. Page 18, line 6: delete "(12) and 196.196" and substitute "(12) and 196.196".
SB469-SA2,6,5 510. Page 18, line 20: delete "subject to s." and substitute "subject to s. ss.".
SB469-SA2,6,9 611. Page 18, line 20: after "196.025 (6)" insert "and 196.206 and may elect to
7subject itself to s. 196.191, and except that only with respect to its switched access
8services an alternative telecommunications utility is subject to ss. 196.03 and
9196.37
".
SB469-SA2,6,10 1012. Page 19, line 9: after " (j) 1" insert ". a".
SB469-SA2,6,11 1113. Page 19, line 21: delete lines 21 and 22.
SB469-SA2,6,12 1214. Page 19, line 22: after that line insert:
SB469-SA2,6,13 13" Section 36m. 196.203 (2) (c) of the statutes is created to read:
SB469-SA2,7,714 196.203 (2) (c) An alternative telecommunications utility may provide notice
15to the commission to maintain certification as an alternative telecommunications
16utility but to recertify the alternative telecommunications utility and impose on the
17alternative telecommunications utility only those provisions of this chapter specified
18in sub. (4m) that are imposed on all alternative telecommunications utilities under
19sub. (3). No later than 30 days after receiving notice under this paragraph, the
20commission shall issue an order granting recertification and imposing on the
21alternative telecommunications utility only those provisions of this chapter specified
22in sub. (4m) that are imposed on all alternative telecommunications utilities under
23sub. (3). An alternative telecommunications utility for which an order of

1recertification is issued is subject to sub. (1g). The granting of the recertification
2shall operate to terminate the alternative telecommunications utility's prior
3certification, and all regulatory requirements related to the prior certification,
4including all such requirements imposed by the certification and all requirements
5imposed by the commission, whether by statute or commission rule or order, on the
6alternative telecommunications utility are terminated on the effective date of the
7order.".
SB469-SA2,7,8 815. Page 19, line 23: on lines 23 and 24, delete "(c)" and substitute "(d)".
SB469-SA2,7,10 916. Page 20, line 8: delete "any provision of ch. 201 or a provision of this
10chapter" and substitute "any a provision of ch. 201 or this chapter".
SB469-SA2,7,12 1117. Page 20, line 16: delete lines 16 and 17 and substitute "same provision at
12the same level of regulation on all other alternative telecommunications utilities.
".
SB469-SA2,7,13 1318. Page 21, line 3: before "(3) (a)" insert "(2r),".
SB469-SA2,7,14 1419. Page 21, line 3: delete "(h),".
SB469-SA2,7,15 1520. Page 21, line 5: delete "or 196.858" and substitute "196.858, or 196.859".
SB469-SA2,7,16 1621. Page 22, line 18: delete lines 18 to 24 and substitute:
SB469-SA2,7,17 17" Section 55m. 196.205 of the statutes is repealed.".
SB469-SA2,7,20 1822. Page 23, line 3: after "in this section" insert ", and except as provided in
19ss. 196.025 (6), 196.218 (3), and 196.859, and except as required for the commission
20to enforce ss. 196.025 (6), 196.218 (3), and 196.859".
SB469-SA2,7,22 2123. Page 23, line 4: delete "telecommunications provider" and substitute
22"communications provider, as defined in s. 196.025 (6) (a) 1.,".
SB469-SA2,8,3
124. Page 23, line 14: delete lines 14 and 15 and substitute "interconnected
2voice over Internet protocol services shall be subject to intrastate access charges to
3the same extent that telecommunications services are subject to such charges.".
SB469-SA2,8,5 425. Page 23, line 16: delete the material beginning with that line and ending
5with page 24, line 14.
SB469-SA2,8,6 626. Page 24, line 21: delete lines 21 to 23.
SB469-SA2,8,7 727. Page 25, line 8: delete lines 8 and 9 and substitute:
SB469-SA2,8,9 8"196.218 (3) (f) Notwithstanding ss. 196.196 (1) and (5) (d) 2., 196.20 (2m), (5)
9and (6), 196.213 and 196.215, a
A telecommunications utility that provides local".
SB469-SA2,8,10 1028. Page 26, line 1: delete lines 1 to 3.
SB469-SA2,8,11 1129. Page 26, line 8: delete "and price" and substitute "and price".
SB469-SA2,8,12 1230. Page 26, line 9: delete "regulation and" and substitute "regulation and".
SB469-SA2,8,13 1331. Page 26, line 13: delete lines 13 to 21.
SB469-SA2,8,14 1432. Page 27, line 1: before that line insert:
SB469-SA2,8,15 15" Section 71e. 196.219 (2) (a) of the statutes is amended to read:
SB469-SA2,8,2116 196.219 (2) (a) Notwithstanding any exemptions identified in this chapter
17except s. ss. 196.202, 196.203, 196.206, and 196.50, a telecommunications utility or
18provider shall provide protection to its consumers under this section unless
19exempted in whole or in part by rule or order of the commission under this section.
20The commission shall promulgate rules that identify the conditions under which
21provisions of this section may be suspended.
SB469-SA2, s. 71m 22Section 71m. 196.219 (2r) of the statutes is created to read:
SB469-SA2,9,4
1196.219 (2r) Switched access service rates. Any reduction in switched access
2service rates ordered by the commission prior to the effective date of this subsection
3.... [LRB inserts date], including any reduction ordered pursuant to s. 196.195, shall
4remain effective unless modified by the commission in a subsequent order.
SB469-SA2, s. 71s 5Section 71s. 196.219 (3) (h) of the statutes is repealed.".
SB469-SA2,9,8 633. Page 27, line 16: delete lines 16 and 17 and substitute "rates, tolls or
7charges without the approval of the commission, except as provided in s. 196.205 or
8196.215 (2)
.".
SB469-SA2,9,9 934. Page 28, line 1: after that line insert:
SB469-SA2,9,10 10" Section 80m. 196.50 (title) of the statutes is amended to read:
SB469-SA2,9,12 11196.50 (title) Competing public utilities; indeterminate permits,
12telecommunications
; telecommunications utility certification.".
SB469-SA2,9,13 1335. Page 28, line 6: after " (j) 1." insert "a.".
SB469-SA2,9,14 1436. Page 28, line 7: after that line insert:
SB469-SA2,9,15 15" Section 83m. 196.50 (2) (b) of the statutes is amended to read:
SB469-SA2,9,2416 196.50 (2) (b) A certificate, franchise, license or permit, indeterminate or
17otherwise, in effect on September 1, 1994, for a telecommunications utility shall
18remain in effect and shall have the effect of a certificate of authority. A
19telecommunications utility is not required to apply for a new certificate of authority
20to continue offering or providing service to the extent of the prior authorization. Each
21telecommunications utility, including telecommunications cooperatives and
22unincorporated telecommunications cooperative associations, shall have on file with
23the commission under s. 196.19 a tariff that sets forth the rates, terms and conditions

1for all services provided and
a map that defines the geographical limits of the service
2territory that the telecommunications utility is obliged to serve.".
SB469-SA2,10,3 337. Page 28, line 21: after "exempt from" insert "all provisions of ch. 201 and".
SB469-SA2,10,4 438. Page 28, line 21: after "196.02 (2)," insert "196.03,".
SB469-SA2,10,17 539. Page 28, line 23: delete that line and substitute "196.78, and 196.79,
6except that with respect only to its switched access services, a telecommunications
7utility certified under this subsection with 50,000 or less access lines in this state is
8not exempt from s. 196.03 and, with respect only to its switched access services, a
9telecommunications utility certified under this subsection with more than 50,000
10and less than 150,000 access lines in this state is not exempt from ss. 196.03 and
11196.37. The intrastate access service rates of a telecommunications utility with
12150,000 or more access lines in this state may not exceed the telecommunications
13utility's interstate access service rates for similar access services, except that such
14a telecommunications utility shall not assess an intrastate carrier common line
15charge or a substitute charge. Except to enforce this paragraph, the commission may
16not review or set the access rates for a telecommunications utility with 150,000 or
17more access lines.".
SB469-SA2,10,19 1840. Page 28, line 24: delete the material beginning with that line and ending
19with page 29, line 2.
SB469-SA2,10,20 2041. Page 29, line 4: delete "(j)" and substitute "(j) 1.".
SB469-SA2,10,21 2142. Page 29, line 6: delete "1." and substitute "a.".
SB469-SA2,10,22 2243. Page 29, line 9: delete "issuing" and substitute "granting".
SB469-SA2,11,2
144. Page 29, line 10: delete "196.203 and terminating" and substitute
2"196.203. The granting of such certification shall operate to terminate".
SB469-SA2,11,3 345. Page 29, line 14: delete lines 14 to 19 and substitute:
SB469-SA2,12,2 4"b. Provide notice to the commission to recertify the telecommunications utility
5under this subsection and impose on the telecommunications utility only those
6provisions of this chapter specified in s. 196.203 (4m) that are imposed on all
7alternative telecommunications utilities under s. 196.203 (3). No later than 30 days
8after receiving notice under this subd. 1. b., the commission shall issue an order
9granting recertification under this subsection and imposing on the
10telecommunications utility only those provisions of this chapter specified in s.
11196.203 (4m) that are imposed on all alternative telecommunications utilities under
12s. 196.203 (3). The telecommunications utility shall be exempt from all provisions
13of ch. 201 and this chapter, except ss. 196.025 (6) and 196.206, and except as provided
14in the order under this subd. 1. b.; and except that, if the telecommunications utility
15has 50,000 or less access lines in this state, then, only with respect to its switched
16access services, the telecommunications utility is not exempt from s. 196.03; and
17except that, if the telecommunications utility has more than 50,000 and less than
18150,000 access lines in this state, then, only with respect to its switched access
19services, the telecommunications utility is not exempt from ss. 196.03 and 196.37.
20The granting of the recertification shall operate to terminate the
21telecommunications utility's prior certification, and all regulatory requirements
22related to the prior certification, including all such requirements imposed by the
23certification and all requirements imposed by the commission, whether by statute

1or commission rule or order, on the telecommunications utility are terminated on the
2effective date of the order.
SB469-SA2,12,53 2. Issuance of a commission order under subd. 1. shall operate as a limited
4waiver of the telecommunications utility's right to an exemption under 47 USC 251
5(f) (1), which shall apply only to all of the following:
SB469-SA2,12,66a. The requirements of 47 USC 251 (c) (1) and (2).
SB469-SA2,12,87b. The requirements of 47 USC 251 (c) (5), but only with respect to the
8requirements of 47 CFR 51.325 (a) (1) and (2).
SB469-SA2,12,129 3. Issuance of a commission order under subd. 1. shall operate as a limited
10waiver of the telecommunications utility's right to petition the commission for
11suspension or modification under 47 USC 251 (f) (2), which shall apply only to all of
12the following:
SB469-SA2,12,1313a. The requirements of 47 USC 251 (b) and (c) (1) and (2).
SB469-SA2,12,1514b. The requirements of 47 USC 251 (c) (5), but only with respect to the
15requirements of 47 CFR 51.325 (a) (1) and (2).".
SB469-SA2,12,17 1646. Page 32, line 11: delete "is amended" and substitute "is renumbered
17196.975 (1r) and amended".
SB469-SA2,12,18 1847. Page 32, line 12: delete "(1)" and substitute "(1r)".
SB469-SA2,12,20 1948. Page 32, line 12: delete ", as defined in s. 196.213" and substitute " , as
20defined in s. 196.213
".
SB469-SA2,12,21 2149. Page 32, line 13: delete "196.215 (1) (a) 1.," and substitute "(1) (a) 1.,".
SB469-SA2,12,23 2250. Page 32, line 22: delete the material beginning with that line and ending
23with page 33, line 4, and substitute:
SB469-SA2,12,24 24" Section 102e. 196.975 (1g) of the statutes is created to read:
SB469-SA2,13,4
1196.975 (1g) In this section, "consumer" means a person billed for one or more
2local telecommunications service access lines not to exceed one person per access
3line. A person billed for more than one access line may not be considered a consumer
4for each access line for which he or she is billed.
SB469-SA2, s. 102m 5Section 102m. 196.975 (2) of the statutes is amended to read:
SB469-SA2,13,116 196.975 (2) After receiving a petition under sub. (1) (1r), the commission shall
7schedule a public hearing, to be held in the local exchange area of the petitioners,
8serving to receive testimony on the contents of the petition and any other matters
9deemed relevant by the commission. The commission shall publish a class 1 notice
10under ch. 985 in a newspaper serving the local exchange area at least 20 days prior
11to the hearing.
SB469-SA2, s. 102s 12Section 102s. 201.15 of the statutes is repealed.".
SB469-SA2,13,13 1351. Page 33, line 6: delete that line.
SB469-SA2,13,14 1452. Page 33, line 7: delete that line and substitute:
SB469-SA2,13,15 15"(1m) In this section:".
SB469-SA2,13,16 1653. Page 33, line 8: delete "1." and substitute "(a)".
SB469-SA2,13,17 1754. Page 33, line 9: delete "2." and substitute "(b)".
SB469-SA2,13,18 1855. Page 33, line 11: after that line insert:
SB469-SA2,13,20 19"(c) "Telecommunications utility" has the meaning given in section 196.01 (10)
20of the statutes.".
SB469-SA2,13,23 2156. Page 33, line 12: delete "(b) On the effective date of this paragraph" and
22substitute "(2) Except as provided in section 196.219 (2r) of the statutes, as created
23by this act, on the effective date of this subsection".
SB469-SA2,13,24 2457. Page 33, line 15: after that line insert:
SB469-SA2,14,5
1"(3) Except as provided in section 196.219 (2r) of the statutes, as created by this
2act, on the effective date of this subsection, any requirement imposed on a
3telecommunications utility under section 196.203, 2007 stats., or section 196.50,
42007 stats., whether by statute or commission rule or order, that is inconsistent with
5sections 196.203 or 196.50 (2) of the statutes, as affected by this act, is terminated.".
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