Amendment ASA1-AB820

AB820-ASA1,5,20 (b) Requiring the political subdivision to determine whether an application is complete and notifying the applicant about the determination in writing within 10 days of receiving the application.

AB820-ASA1,5,23 (c) If the political subdivision does not believe that an application is complete, requiring the written notification under par. (b) to specify in detail the required information that is incomplete.

AB820-ASA1,6,3 (d) If the political subdivision does not make the written notification required under par. (b), requiring the political subdivision to consider an application to be complete.

AB820-ASA1,6,5 (e) Allowing an applicant to resubmit an application as often as necessary until the application is complete.

AB820-ASA1,6,8 (f) Within 45 days of receiving an application that is complete, requiring the political subdivision to approve or deny the application and provide the applicant written notification of the approval or denial.

AB820-ASA1,6,11 (g) If the political subdivision denies an application, requiring the political subdivision to include in the written notification under par. (f) substantial evidence that supports the denial.

AB820-ASA1,6,14 (h) Requiring that an application is considered approved and any required permit is issued if the political subdivision does not provide the written notification under par. (f).

AB820-ASA1,6,17 (i) Providing that any fee imposed by the political subdivision to review an application, issue a permit, or perform any other activity related to a broadband network project is reasonable.

AB820-ASA1,6,20 (k) Allowing all forms, applications, and documentation related to a broadband network project to be filed and signed by electronic or another means authorized by the commission.

AB820-ASA1,13 Section 13. 196.504 (6) of the statutes is created to read:

AB820-ASA1,6,23 196.504 (6) A political subdivision that the commission has certified as a Broadband Forward! community under sub. (4) may not do any of the following:

AB820-ASA1,6,25 (a) Require an applicant to designate a final contractor to complete a broadband network project.

AB820-ASA1,7,3 (b) Impose an unreasonable fee to review an application or issue a permit for a broadband network project application. Any application fee that exceeds $100 is considered unreasonable.

AB820-ASA1,7,6 (c) Impose a moratorium of any kind on the approval of applications and issuance of permits for broadband network projects or on construction related to broadband network projects.

AB820-ASA1,7,11 (d) Discriminate among providers of telecommunications service, as defined in s. 182.017 (1g) (cq), or public utilities with respect to any action described in this section or otherwise related to a broadband network project, including granting access to public rights-of-way, infrastructure and poles, river and bridge crossings, or any other physical assets owned or controlled by the political subdivision.

AB820-ASA1,7,14 (e) As a condition for approving an application or issuing a permit for a broadband network project or for any other purpose, require the applicant to do any of the following:

AB820-ASA1,7,16 1. Provide any service or make available any part of the broadband network project to the political subdivision.

AB820-ASA1,7,18 2. Except for reasonable fees allowed under sub. (5) (i), make any payment to or on behalf of the political subdivision.

AB820-ASA1,14 Section 14. 196.504 (7) of the statutes is created to read:

AB820-ASA1,7,23 196.504 (7) Upon the request of a broadband service provider, the commission may decertify a political subdivision as a Broadband Forward! community if the political subdivision fails to comply with or modifies the ordinance required for certification under sub. (4) or violates sub. (6).

AB820-ASA1,15 Section 15. 196.504 (8) of the statutes is created to read:

AB820-ASA1,8,6 196.504 (8) Upon a complaint that an application fee under an ordinance required for certification under sub. (4) is unreasonable, the commission shall determine whether the fee is reasonable. In the proceeding for making that determination, the political subdivision has the burden of proving the reasonableness of any function undertaken by the political subdivision as part of the application process and the reasonableness of the costs of those functions.

AB820-ASA1,16 Section 16. 196.504 (9) of the statutes is created to read:

AB820-ASA1,8,10 196.504 (9) (a) The commission may develop a model ordinance that complies with sub. (5) for a political subdivision to review applications and issue permits related to broadband network projects.

AB820-ASA1,8,15 (b) If the commission develops a model ordinance under par. (a) and a political subdivision enacts a different ordinance that complies with sub. (5), the political subdivision shall, when applying for certification under sub. (4), provide the commission with a written statement that describes the ordinance and how the ordinance differs from the model ordinance.

AB820-ASA1,17 Section 17. 196.85 (1m) (b) of the statutes is amended to read:

AB820-ASA1,8,19 196.85 (1m) (b) For the purpose of direct assessment under sub. (1) of expenses incurred by the commission in connection with its activities under s. 196.04 (2) or (4), the term "public utility" includes a video service provider.

AB820-ASA1,18 Section 18 . Fiscal changes.

AB820-ASA1,9,5 (1) Medical Assistance. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health services under section 20.435 (4) (b) of the statutes, as affected by the acts of 2015, the dollar amount for fiscal year 2015-16 is decreased by $102,900,000 to provide Medical Assistance to certain adults with incomes up to 133 percent of the federal poverty line. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health services under section 20.435 (4) (b) of the statutes, as affected by the acts of 2015, the dollar amount for fiscal year 2016-17 is decreased by $220,600,000 to provide Medical Assistance to certain adults with incomes up to 133 percent of the federal poverty line.

AB820-ASA1,9,10 (2) Broadband expansion grants. In the schedule under section 20.005 (3) of the statutes for the appropriation to the public service commission under section 20.155 (3) (r) of the statutes, as affected by the acts of 2015, the dollar amount for fiscal year 2015-16 is increased by $22,978,367 for the purpose for which the appropriation is made.

AB820-ASA1,9,12 (3) General fund transfer. There is transferred from the general fund to the universal service fund $22,978,367 in fiscal year 2015-16.

AB820-ASA1,9,15 (4) Universal service fund transfer. There is transferred from the universal service fund to the appropriation account under section 20.155 (3) (r) of the statutes $22,978,367 in fiscal year 2015-16.

AB820-ASA1,19 Section 19. Effective dates. This act takes effect on the day after publication, except as follows:

AB820-ASA1,9,20 (1) The treatment of sections 49.45 (23) (a) and 49.471 (1) (cr), (4) (a) 4. b., and (4g) of the statutes takes effect on March 1, 2016, or on the day after publication, whichever is later.

AB820-ASA1,9,21 (End)