AB64-SA17,11,2321 3. A broadband Internet access service provider is not required to maintain a
22record under subd. 1. if it reasonably determines that no harm to customers is
23reasonably likely to occur as a result of the breach of security.
AB64-SA17,12,2 24(6) Internet access service offers conditioned on waiver of privacy. (a) A
25broadband Internet access service provider may not refuse to provide broadband

1Internet access service because a customer or prospective customer does not provide
2approval required under sub. (3) (a) or (b).
AB64-SA17,12,63 (b) A broadband Internet access service provider that offers a financial
4incentive program, such as lower rates, in exchange for a customer's approval to use,
5disclose, or permit access to the customer's proprietary information shall do all of the
6following:
AB64-SA17,12,87 1. Provide a notice explaining the terms of the financial incentive program that
8includes all of the following:
AB64-SA17,12,109 a. An explanation that the program requires opt-in approval from the
10customer to use, disclose, or permit access to the customer's proprietary information.
AB64-SA17,12,1311 b. Information about what customer proprietary information the provider will
12collect, how it will be used, and the categories of entities with which it will be shared
13and for what purposes.
AB64-SA17,12,1614 c. Information, prominently displayed, about the equivalent service plan that
15does not necessitate the use, disclosure, or access to customer proprietary
16information beyond that required or permitted under sub. (3) (c).
AB64-SA17,12,1817 2. Obtain opt-in approval from the customer for consent to participate in the
18financial incentive program.
AB64-SA17,12,2019 3. Provide the notice required under subd. 1. at the time the program is offered
20to a customer and at the time that a customer elects to participate in the program.
AB64-SA17,12,2321 4. Make the notice required under subd. 1. easily accessible and available
22separate from any other privacy notifications, including the notifications required
23under sub. (2) (a) or (c).
AB64-SA17,13,3
15. If the provider transacts business with a customer in a language other than
2English, translate the contents required under subd. 1. into the language through
3which the provider transacts business with the customer.
AB64-SA17,13,74 6. If the customer grants the opt-in approval required under subd. 2., a
5broadband Internet access service provider shall make available a mechanism for
6the customer to withdraw approval for participation in the financial incentive
7program under this paragraph at any time.
AB64-SA17,13,12 8(7) Remedies and penalties. (a) 1. A person or class of persons adversely
9affected by a broadband Internet access service provider's violation of this section
10has a claim for appropriate relief, including damages, injunctive relief, and
11rescission and may bring an action in circuit court against the broadband Internet
12access service provider.
AB64-SA17,13,1413 2. Notwithstanding s. 814.04 (1), a person or class of persons entitled to relief
14under subd. 1 may recover costs, disbursements, and reasonable attorney fees.
AB64-SA17,13,1715 (b) 1. Any of the following may bring an action in circuit court in the name of
16the state to restrain by temporary or permanent injunction any violation of this
17section:
AB64-SA17,13,1818 a. The department.
AB64-SA17,13,1919 b. The department of justice, after consulting with the department.
AB64-SA17,13,2020 c. Any district attorney, upon informing the department.
AB64-SA17,13,2421 2. Before entry of final judgment, the court may make any order or judgment
22necessary to restore to any person any pecuniary loss suffered because of a violation
23that is the subject of the action under subd. 1., if proof of the violation is submitted
24to the satisfaction of the court.
AB64-SA17,14,5
1(c) 1. For any violation of this section, the department of justice, after
2consulting with the department, or the district attorney for the county where the
3violation occurs, upon informing the department, may commence an action in the
4name of the state to recover a forfeiture of not more than $50,000 for the first
5violation and not more than $100,000 for each subsequent violation.
AB64-SA17,14,86 2. Each occasion that a broadband Internet access service provider uses,
7discloses, or permits access to an individual customer's proprietary information in
8violation of sub. (3) (a) or (b) constitutes a separate violation.”.
AB64-SA17,14,9 94. Page 859, line 14: delete that line and substitute:
AB64-SA17,14,11 10 Section 1695b. 196.504 (1) (a) of the statutes is renumbered 196.504 (1) (ad),
11and 196.504 (1) (ad) 2., as renumbered, is amended to read:
AB64-SA17,14,13 12196.504 (1) (ad) 2. A telecommunications utility that has not received or
13applied for A-CAM or phase II support
.
AB64-SA17,1695c 14Section 1695c. 196.504 (1) (aa) of the statutes is created to read:
AB64-SA17,14,1915 196.504 (1) (aa) “A-CAM support” means support for the deployment of voice
16and broadband-capable networks from the federal Connect America Fund that is
17made to telecommunications utilities regulated as rate-of-return carriers by the
18federal communications commission and that is based on the federal
19communications commission's Alternative Connect America Cost Model.
AB64-SA17,1695d 20Section 1695d. 196.504 (1) (ab) of the statutes is created to read:
AB64-SA17,14,2321 196.504 (1) (ab) “Broadband infrastructure” means infrastructure for the
22provision of broadband service at a minimum download speed of 25 megabits per
23second and a minimum upload speed of 3 megabits per second.”.
AB64-SA17,14,24 245. Page 859, line 15: on lines 15 and 16, delete “(ab)" and substitute “(ac)".
AB64-SA17,15,1
16. Page 859, line 18: on lines 18 and 19, delete “(ad)" and substitute “(af)".
AB64-SA17,15,2 27. Page 859, line 22: after that line insert:
AB64-SA17,15,3 3 Section 1695p. 196.504 (1) (ae) of the statutes is renumbered 196.504 (1) (ak).
AB64-SA17,1695r 4Section 1695r. 196.504 (1) (ah) of the statutes is created to read:
AB64-SA17,15,85 196.504 (1) (ah) “Phase II support” means the federal communications
6commission's 2nd phase of support for rural broadband deployment from the federal
7Connect America Fund that is made to telecommunications utilities regulated as
8price cap carriers by the federal communications commission.”.
AB64-SA17,15,10 98. Page 859, line 23: delete the material beginning with that line and ending
10with page 860, line 5.
AB64-SA17,15,11 119. Page 860, line 7: delete lines 7 to 11 and substitute:
AB64-SA17,15,14 12“196.504 (2) (a) To make broadband expansion grants to eligible applicants for
13the purpose of constructing broadband infrastructure in underserved areas
14designated under par. (d).
AB64-SA17,15,19 15(2m) Grants awarded under this section shall be paid from the appropriation
16appropriations under s. 20.155 (3) (a), (r). In each fiscal year, the total amount of the
17grants may not exceed $1,500,000
, and (rm). Not less than 85 percent of the grants
18awarded in a fiscal year shall be for the construction of broadband infrastructure in
19counties with populations of 65,000 or less
.
AB64-SA17,1698m 20Section 1698m. 196.504 (2) (am) of the statutes is created to read:
AB64-SA17,15,2421 196.504 (2) (am) To make broadband expansion grants to organizations
22specified in sub. (1) (ad) 1., telecommunications utilities, or political subdivisions for
23project planning related to broadband infrastructure construction in underserved
24areas designated under par. (d).”.
AB64-SA17,16,2
110. Page 860, line 16: after “those providers." insert “The criteria shall give
2first priority to projects for areas in which no broadband service is available.
".
AB64-SA17,16,3 311. Page 860, line 17: before “priority" insert “secondary".
AB64-SA17,16,4 412. Page 860, line 18: delete “that affect" and substitute “that affect".
AB64-SA17,16,5 513. Page 860, line 19: delete “unserved areas, that" and substitute “, that".
AB64-SA17,16,6 614. Page 861, line 5: delete lines 5 and 6.
AB64-SA17,16,7 715. Page 861, line 6: after that line insert:
AB64-SA17,16,8 8 Section 1699t. 196.504 (2m) of the statutes is created to read:
AB64-SA17,16,119 196.504 (2m) Biennially, beginning on January 1, 2019, the legislative audit
10bureau shall conduct a performance evaluation audit of the broadband expansion
11grant program under sub. (2).”.
Loading...
Loading...