LRBa2367/1
MDK&MCP:kjf&emw
2017 - 2018 LEGISLATURE
SENATE AMENDMENT 1,
TO ASSEMBLY BILL 917
March 20, 2018 - Offered by Senators Vinehout, Johnson, Schachtner, Larson, L.
Taylor
, Hansen, Bewley and Shilling.
AB917-SA1,1,11 At the locations indicated, amend the bill as follows:
AB917-SA1,1,6 21. Page 1, line 2: before “Telecommuter" insert “various changes to the
3broadband expansion grant program; local government telecommunications, video,
4or broadband service facilities; claiming the manufacturing and agriculture tax
5credit; advertising broadband and other Internet speeds and providing a
6standardized broadband label;".
AB917-SA1,1,8 72. Page 1, line 2: after “certification" insert “; granting rule-making authority;
8and making appropriations".
AB917-SA1,1,9 93. Page 3, line 12: before that line insert:
AB917-SA1,1,11 10 Section 1a. 20.005 (3) (schedule) of the statutes: at the appropriate place,
11insert the following amounts for the purposes indicated: - See PDF for table PDF
AB917-SA1,1b 1Section 1b. 20.155 (3) (a) of the statutes is created to read:
AB917-SA1,2,42 20.155 (3) (a) Broadband expansion grants; general purpose revenue funding.
3Biennially, the amounts in the schedule for making broadband expansion grants
4under s. 196.504 and for reimbursing electric providers under s. 196.504 (3) (e).
AB917-SA1,1c 5Section 1c. 20.155 (3) (g) of the statutes is created to read:
AB917-SA1,2,86 20.155 (3) (g) Broadband expansion grants; program revenue funding. All
7moneys received as broadband grant reimbursements under s. 196.504 (2g) (c) for
8making broadband expansion grants under s. 196.504.
AB917-SA1,1d 9Section 1d. 66.0422 (2) (c) of the statutes is repealed.
AB917-SA1,1e 10Section 1e. 66.0422 (4) of the statutes is repealed.
AB917-SA1,1f 11Section 1f. 66.0422 (5) of the statutes is repealed.
AB917-SA1,1g 12Section 1g. 71.07 (5n) (c) 6. of the statutes is created to read:
AB917-SA1,2,1513 71.07 (5n) (c) 6. For taxable years beginning after December 31, 2017, no
14individual may claim the credit under this subsection for a taxable year in which the
15individual's adjusted gross income is greater than $2,000,000.
AB917-SA1,1h 16Section 1h. 71.28 (5n) (c) of the statutes is amended to read:
AB917-SA1,3,917 71.28 (5n) (c) Limitations. Partnerships, limited liability companies, and
18tax-option corporations may not claim the credit under this subsection, but the

1eligibility for, and the amount of, the credit are based on their share of the income
2described under par. (b). A partnership, limited liability company, or tax-option
3corporation shall compute the amount of credit that each of its partners, members,
4or shareholders may claim and shall provide that information to each of them.
5Partners, members of limited liability companies, and shareholders of tax-option
6corporations may claim the credit in proportion to their ownership interests, but, for
7taxable years beginning after December 31, 2017, no partner, member, or
8shareholder may claim the credit for a taxable year in which the adjusted gross
9income of the partner, member, or shareholder is greater than $2,000,000
.
AB917-SA1,1i 10Section 1i. 100.20 (1v) of the statutes, as created by 2017 Wisconsin Act 73,
11is amended to read:
AB917-SA1,3,1312 100.20 (1v) It is an unfair method of competition in business or an unfair trade
13practice for a person or business entity to violate s. 100.2085 (1) or (2) or 100.70 (1).
AB917-SA1,1j 14Section 1j. 100.20 (5) of the statutes, as affected by 2017 Wisconsin Act 73, is
15amended to read:
AB917-SA1,3,2016 100.20 (5) Any person suffering pecuniary loss because of a violation by any
17other person of s. 100.2085 or 100.70 or any order issued under this section may sue
18for damages therefor in any court of competent jurisdiction and shall recover twice
19the amount of such pecuniary loss, together with costs, including a reasonable
20attorney fee.
AB917-SA1,1k 21Section 1k. 100.20 (6) of the statutes, as affected by 2017 Wisconsin Act 73,
22is amended to read:
AB917-SA1,4,623 100.20 (6) The department may commence an action in circuit court in the
24name of the state to restrain by temporary or permanent injunction the violation of
25s. 100.2085 or 100.70 or any order issued under this section. The court may in its

1discretion, prior to entry of final judgment make such orders or judgments as may
2be necessary to restore to any person any pecuniary loss suffered because of the acts
3or practices involved in the action, provided proof thereof is submitted to the
4satisfaction of the court. The department may use its authority in ss. 93.14 and 93.15
5to investigate violations of s. 100.2085 or 100.70 or any order issued under this
6section.
AB917-SA1,1L 7Section 1L. 100.2085 of the statutes is created to read:
AB917-SA1,4,9 8100.2085 Broadband and other Internet services. (1) Broadband and
9other Internet speeds.
No person may do any of the following:
AB917-SA1,4,1310 (a) Advertise or otherwise represent that the person provides broadband
11service unless a service provided by the person is capable of consistently providing
12a minimum download speed of 25 megabits per second and a minimum upload speed
13of 3 megabits per second.
AB917-SA1,4,1714 (b) Sell or offer to sell a service that the person represents, to a consumer
15purchasing the service, as being broadband service, unless the service is capable of
16consistently providing that consumer with a minimum download speed of 25
17megabits per second and a minimum upload speed of 3 megabits per second.
AB917-SA1,4,2018 (c) Advertise or otherwise represent that the person provides Internet service
19at a specific minimum speed unless a service provided by the person is capable of
20consistently providing that speed.
AB917-SA1,4,2321 (d) Sell or offer to sell Internet service that the person represents, to a consumer
22purchasing the service, as being a specific minimum speed, unless the service is
23capable of consistently providing that consumer with that speed.
AB917-SA1,5,5 24(2) Broadband labels. No person may sell or offer to sell broadband service in
25this state unless the person makes broadband labels easily available to potential

1consumers and provides a broadband label to every consumer before sale of the
2service to the consumer. A broadband label provided under this subsection shall use
3the templates for consumer labels for broadband service provided by the federal
4communications commission. A broadband label provided under this subsection
5may not contain any misleading or inaccurate information.
AB917-SA1,5,11 6(3) Contract termination and refund. If a person makes a sale to a consumer
7in violation of sub. (1) (b) or (d), the consumer notifies the person in writing of the
8violation, and the person fails to remedy the violation within one month after
9receiving the notice, the consumer may terminate the consumer's contract with the
10person and receive a refund for all charges and fees that the consumer paid to the
11person.
AB917-SA1,2a 12Section 2a. 196.504 (1) (ab) of the statutes, as created by 2017 Wisconsin Act
1359
, is renumbered 196.504 (1) (e).
AB917-SA1,2b 14Section 2b. 196.504 (1) (ac) of the statutes, as affected by 2017 Wisconsin Act
1559
, is renumbered 196.504 (1) (g), and 196.504 (1) (g) 2. and 3., as renumbered, are
16amended to read:
AB917-SA1,5,1817 196.504 (1) (g) 2. A telecommunications utility that has not received or applied
18for A-CAM or phase II support
.
AB917-SA1,5,2019 3. A political subdivision that submits an application in partnership with an
20eligible applicant under subd. 1. or 2
.
AB917-SA1,2c 21Section 2c. 196.504 (1) (ad) of the statutes, as created by 2017 Wisconsin Act
2259
, is renumbered 196.504 (1) (h).
AB917-SA1,2d 23Section 2d. 196.504 (1) (ae) of the statutes is renumbered 196.504 (1) (j).
AB917-SA1,2e 24Section 2e. 196.504 (1) (af) of the statutes is created to read:
AB917-SA1,6,5
1196.504 (1) (af) “A-CAM support” means support for the deployment of voice
2and broadband-capable networks from the federal Connect America Fund that is
3made to telecommunications utilities regulated as rate-of-return carriers by the
4federal communications commission and that is based on the federal
5communications commission's Alternative Connect America Cost Model.
AB917-SA1,2f 6Section 2f. 196.504 (1) (am) of the statutes is renumbered 196.504 (1) (k).
AB917-SA1,2g 7Section 2g. 196.504 (1) (b) of the statutes is renumbered 196.504 (1) (L).
AB917-SA1,2h 8Section 2h. 196.504 (1) (c) of the statutes, as created by 2017 Wisconsin Act
959
, is repealed.
AB917-SA1,2i 10Section 2i. 196.504 (1) (d) of the statutes is created to read:
AB917-SA1,6,1311 196.504 (1) (d) “Broadband infrastructure” means infrastructure for the
12provision of broadband service at a minimum download speed of 25 megabits per
13second and a minimum upload speed of 3 megabits per second.
AB917-SA1,2j 14Section 2j. 196.504 (1) (f) of the statutes is created to read:
AB917-SA1,6,1615 196.504 (1) (f) “Electric provider” means a retail electric public utility or retail
16electric cooperative.
AB917-SA1,2k 17Section 2k. 196.504 (1) (i) of the statutes is created to read:
AB917-SA1,6,2118 196.504 (1) (i) “Phase II support” means the federal communications
19commission's 2nd phase of support for rural broadband deployment from the federal
20Connect America Fund that is made to telecommunications utilities regulated as
21price cap carriers by the federal communications commission.
AB917-SA1,2L 22Section 2L. 196.504 (2) (a) of the statutes, as affected by 2017 Wisconsin Act
2359
, is amended to read:
AB917-SA1,7,724 196.504 (2) (a) To make broadband expansion grants to eligible applicants for
25the purpose of constructing broadband infrastructure in underserved areas

1designated under par. (d) and to political subdivisions for project planning related
2to such construction, including broadband feasibility reports. An eligible applicant
3shall specify in its application for a grant the broadband infrastructure the applicant
4intends to construct with the grant
. Grants awarded under this section shall be paid
5from the appropriations under s. 20.155 (3) (a), (g), (r), and (rm). Not less than 85
6percent of the grants awarded in a fiscal year shall be for the construction of
7broadband infrastructure in counties with populations of 65,000 or less.
AB917-SA1,2m 8Section 2m. 196.504 (2) (c) of the statutes, as affected by 2017 Wisconsin Act
959
, is amended to read:
AB917-SA1,8,210 196.504 (2) (c) To establish criteria for evaluating applications and awarding
11grants under this section. The criteria shall prohibit grants that have the effect of
12subsidizing the expenses of a provider of telecommunications service, as defined in
13s. 182.017 (1g) (cq), or the monthly bills of customers of those providers. The criteria
14shall give first priority to projects for areas in which no broadband service is
15available.
The criteria shall give secondary priority to projects that include matching
16funds, that involve public-private partnerships, that affect unserved areas, that are
17scalable, that promote economic development, that will not result in delaying the
18provision of broadband service to areas neighboring areas to be served by the
19proposed project, or that affect a large geographic area or a large number of
20underserved individuals or communities. When evaluating grant applications
21under this section, the commission shall consider the degree to which the proposed
22projects would duplicate existing broadband infrastructure, information about the
23presence of which is provided to the commission by the applicant or another person
24within a time period designated by the commission; the impacts of the proposed
25projects on the ability of individuals to access health care services from home and the

1cost of those services; and the impacts of the proposed projects on the ability of
2students to access educational opportunities from home.
AB917-SA1,2n 3Section 2n. 196.504 (2) (e) of the statutes, as created by 2017 Wisconsin Act
459
, is repealed.
AB917-SA1,2o 5Section 2o. 196.504 (2g) of the statutes is created to read:
AB917-SA1,8,106 196.504 (2g) (a) The commission shall require persons who receive grants
7under sub. (2) (a) to submit reports to the commission on the progress of construction
8activities for infrastructure specified in grant applications, the number of broadband
9service connections provided by that infrastructure after construction is completed,
10and the average download and upload speeds for those service connections.
AB917-SA1,8,1311 (b) A person who receives a grant under sub. (2) (a) may not apply for a
12subsequent grant under sub. (2) (a) until completion of construction of the
13infrastructure specified in the application for the prior grant.
AB917-SA1,8,1514 (c) A person who receives a grant under sub. (2) (a) shall reimburse the
15commission an amount equal to the grant if any of the following applies:
AB917-SA1,8,1716 1. The person fails to complete construction of broadband infrastructure that
17is specified in the person's application under sub. (2) (a).
AB917-SA1,8,2018 2. The infrastructure constructed with the grant fails to provide broadband
19service with an average minimum download speed of 25 megabits per second or an
20average minimum upload speed of 3 megabits per second.
AB917-SA1,8,2521 (d) The commission shall promulgate rules for submitting reports under par.
22(a), determining completion of construction for purposes of par. (b), and making
23reimbursements under par. (c). If a person fails to make a reimbursement as
24required under the rules, the person is not eligible for any other grant under sub. (2)
25(a).
AB917-SA1,2p
1Section 2p. 196.504 (2r) of the statutes is created to read:
AB917-SA1,9,42 196.504 (2r) Biennially, beginning on January 1, 2019, the legislative audit
3bureau shall conduct a performance evaluation audit of the broadband expansion
4grant program under sub. (2).
AB917-SA1,2q 5Section 2q. 196.504 (3) (d), (e) and (f) of the statutes are created to read:
AB917-SA1,9,86 196.504 (3) (d) Require electric providers to survey customers and members
7about the availability of broadband service and provide the survey results to the
8commission.
AB917-SA1,9,109 (e) Reimburse electric providers for the cost of conducting surveys under par.
10(d).
AB917-SA1,9,1111 (f) Use survey results under par. (d) to improve broadband mapping.”.
AB917-SA1,9,12 124. Page 5, line 7: before that line insert:
AB917-SA1,9,14 13 Section 4m. Effective dates. This act takes effect on the day after
14publication, except as follows:
AB917-SA1,9,17 15(1m) Broadband advertising. The treatment of sections 100.20 (1v), (5), and
16(6) and 100.2085 of the statutes takes effect on the first day of the 7th month
17beginning after publication.”.
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