Amendment JR1 AA2-SB13

January 2011 Special Session

2011 - 2012 LEGISLATURE

ASSEMBLY AMENDMENT 2, TO SENATE BILL 13

May 11, 2011 - Offered by Representative Hebl.

SB13-AA2,1,1 At the locations indicated, amend the bill as follows:

SB13-AA2,1,2 1. Page 2, line 16: after "service;" insert "availability of broadband service;".

SB13-AA2,1,3 2. Page 10, line 5: after that line insert:

SB13-AA2,1,4 " Section 1m. 25.95 of the statutes is amended to read:

SB13-AA2,1,7 25.95 Universal service fund. There is established a separate nonlapsible trust fund designated as the universal service fund, to consist of all contributions received under s. 196.218 (3) and payments received under s. 196.978 (3).".

SB13-AA2,1,9 3. Page 25, line 2: delete "and 196.859" and substitute "and 196.859, and 196.978".

SB13-AA2,1,11 4. Page 25, line 12: delete "and 196.212" and substitute "196.212, and 196.978".

SB13-AA2,2,2 5. Page 32, line 9: after "section" insert ", and except that an entity that provides interconnected voice over Internet protocol service is subject to s. 196.978".

SB13-AA2,2,3 6. Page 46, line 3: delete "and 196.503" and substitute "196.503, and 196.978".

SB13-AA2,2,4 7. Page 52, line 2: after that line insert:

SB13-AA2,2,5 " Section 131m. 196.85 (1m) (e) of the statutes is created to read:

SB13-AA2,2,9 196.85 (1m) (e) For the purpose of direct assessment under sub. (1) of expenses incurred by the commission in connection with its activities under s. 196.978, the term "public utility" includes a telecommunications provider, as defined in s. 196.978 (1) (b).".

SB13-AA2,2,10 8. Page 52, line 25: after that line insert:

SB13-AA2,2,11 " Section 134m. 196.978 of the statutes is created to read:

SB13-AA2,2,12 196.978 Broadband availability. (1) In this section:

SB13-AA2,2,16 (a) "Broadband service" means an Internet access service using any medium or technology that conveys voice, data, or other information at downstream or upstream speeds that are faster than the downstream or upstream speeds that are available through dial-up Internet access service.

SB13-AA2,2,21 (b) 1. Except as provided in subd. 2., "telecommunications provider" means a telecommunications provider that, before the effective date of this subdivision .... [LRB inserts date], provided broadband service to customers in this state or that, on or after the effective date of this subdivision .... [LRB inserts date], begins to provide broadband service to customers in this state.

SB13-AA2,2,23 2. "Telecommunications provider" does not include a telecommunications provider with 25,000 or fewer customers in this state.

SB13-AA2,3,6 (2) No later than 2 years after the effective date of this subsection .... [LRB inserts date], a telecommunications provider shall make broadband service available at downstream or upstream speeds of at least 6 megabits per second to all businesses and residences located in this state in each area comprising a 6-mile radius of each exchange area central office that the telecommunications provider uses to provide service to customers in this state.

SB13-AA2,3,12 (3) The commission shall require a telecommunications provider to pay $100,000 to the commission for deposit in the universal service fund for each month that the telecommunications provider fails to make broadband service available to all business and residences in each area specified in sub. (2). A telecommunications provider may not adjust its rates to customers for the purpose of recovering any payment required under this subsection.".

SB13-AA2,3,13 (End)