AB615,9,88 4. Any other factor that the court determines is relevant.
AB615, s. 2 9Section 2. 196.219 (1) of the statutes is renumbered 196.219 (1) (intro.) and
10amended to read:
AB615,9,1111 196.219 (1) (title) Definition Definitions. (intro.) In this section , "consumer":
AB615,9,15 12(a) "Consumer" means any person, including a telecommunications provider,
13that uses the services, products or facilities provided by a telecommunications utility
14or the local exchange services offered by a telecommunications provider that is not
15a telecommunications utility
.
AB615, s. 3 16Section 3. 196.219 (1) (b) of the statutes is created to read:
AB615,9,1817 196.219 (1) (b) "Local exchange service" has the meaning given in s. 196.50 (1)
18(b) 1.
AB615, s. 4 19Section 4. 196.219 (2) (a) of the statutes is amended to read:
AB615,9,2420 196.219 (2) (a) Notwithstanding any exemptions identified in this chapter
21except s. 196.202, a telecommunications utility or provider shall provide protection
22to its consumers under this section unless exempted in whole or in part by rule or
23order of the commission under this section. The commission shall promulgate rules
24that identify the conditions under which provisions of this section may be suspended.
AB615, s. 5 25Section 5. 196.219 (2) (d) of the statutes is amended to read:
AB615,10,3
1196.219 (2) (d) If the commission grants an exemption under this subsection,
2it may require the telecommunications utility or provider to comply with any
3condition necessary to protect the public interest.
AB615, s. 6 4Section 6. 196.219 (2m) (a) of the statutes is amended to read:
AB615,10,75 196.219 (2m) (a) A telecommunications utility or provider shall provide access
6services under tariff under the same rates, terms and conditions to all
7telecommunications providers.
AB615, s. 7 8Section 7. 196.219 (3) (intro.) and (a) of the statutes are amended to read:
AB615,10,129 196.219 (3) Prohibited practices. (intro.) A telecommunications utility may
10not do any of the following
with respect to its regulated services or any other
11telecommunications provider with respect to its offering of local exchange services
12may not do any of the following
:
AB615,10,1813 (a) Refuse to interconnect within a reasonable time with another person to the
14same extent that the federal communications commission requires the
15telecommunications utility or provider to interconnect. The public service
16commission may require additional interconnection based on a determination,
17following notice and opportunity for hearing, that additional interconnection is in
18the public interest and is consistent with the factors under s. 196.03 (6).
AB615, s. 8 19Section 8. 196.219 (3) (e) of the statutes is amended to read:
AB615,10,2320 196.219 (3) (e) Fail to provide a service, product or facility to a consumer other
21than a telecommunications provider in accord with the telecommunications utility's
22or provider's applicable tariffs, price lists or contracts and with the commission's
23rules and orders.
AB615, s. 9 24Section 9. 196.219 (3) (em) of the statutes is amended to read:
AB615,11,4
1196.219 (3) (em) Refuse to provide a service, product or facility to a
2telecommunications provider
, in accord with the that telecommunications utility's or
3provider's
applicable tariffs, price lists or contracts and with the commission's rules
4and orders, to another telecommunications provider.
AB615, s. 10 5Section 10. 196.219 (3) (f) of the statutes is amended to read:
AB615,11,146 196.219 (3) (f) Refuse to provide basic local exchange service, business access
7line and usage service within a local calling area and access service on an unbundled
8basis to the same extent that the federal communications commission requires the
9telecommunications utility or provider to unbundle the same services provided
10under its jurisdiction. The public service commission may require additional
11unbundling of intrastate telecommunications services based on a determination,
12following notice and opportunity for hearing, that additional unbundling is required
13in the public interest and is consistent with the factors under s. 196.03 (6). The public
14service commission may order unbundling by a small telecommunications utility.
AB615, s. 11 15Section 11. 196.219 (3) (h) of the statutes is amended to read:
AB615,11,2016 196.219 (3) (h) To the extent prohibited by the federal communications
17commission, or by the public service commission under rules promulgated consistent
18with the factors under s. 196.03 (6), give preference or discriminate in the provision
19of services, products or facilities to an affiliate, or to the telecommunications utility's
20or provider's own or an affiliate's retail department that sells to consumers.
AB615, s. 12 21Section 12. 196.219 (3) (m) of the statutes is amended to read:
AB615,12,222 196.219 (3) (m) Provide telecommunications service to any person acting as a
23telecommunications utility, telecommunications provider, alternative
24telecommunications utility or telecommunications carrier if the commission has

1ordered the telecommunications utility or provider to discontinue service to that
2person.
AB615, s. 13 3Section 13. 196.219 (4) of the statutes is amended to read:
AB615,12,74 196.219 (4) Enforcement. (a) On the commission's own motion or upon
5complaint filed by the consumer, the commission shall have jurisdiction to take
6administrative action or to commence civil actions against telecommunications
7utilities or providers to enforce this section.
AB615,12,128 (b) The commission may, at its discretion, institute in any court of competent
9jurisdiction a proceeding against a telecommunications utility or provider for
10injunctive relief to compel compliance with this section, to compel the accounting and
11refund of any moneys collected in violation of this section or for any other relief
12permitted under this chapter.
AB615, s. 14 13Section 14. 196.219 (4m) of the statutes is renumbered 196.219 (4m) (a) and
14amended to read:
AB615,12,1815 196.219 (4m) (a) Upon a finding of a violation of this section by the commission,
16any
Any person injured because of a violation of this section by a telecommunications
17utility or provider may commence a civil action to recover damages or to obtain
18injunctive relief.
AB615, s. 15 19Section 15. 196.219 (4m) (b) of the statutes is created to read:
AB615,12,2320 196.219 (4m) (b) Upon request of the commission, the attorney general may
21bring an action to require a telecommunications utility or provider to compensate
22any person for any pecuniary loss caused by the failure of the utility or provider to
23comply with this section.
AB615, s. 16 24Section 16. 196.219 (5) of the statutes is amended to read:
AB615,13,3
1196.219 (5) Alternate dispute resolution. The commission shall establish by
2rule a procedure for alternative dispute resolution to be available for complaints filed
3against a telecommunications utility or provider.
AB615, s. 17 4Section 17. 196.43 (3) of the statutes is created to read:
AB615,13,95 196.43 (3) No injunction may be issued in any proceeding for review under ch.
6227 of an order of the commission under s. 196.199 (3) (a), suspending or staying the
7order, unless the court finds that the person seeking review of the order is likely to
8succeed on the merits and suffer irreparable harm without the suspension or stay
9and that the suspension or stay is in the public interest.
AB615, s. 18 10Section 18. 196.499 (1) of the statutes, as affected by 1997 Wisconsin Act 27,
11is amended to read:
AB615,13,2412 196.499 (1) Scope. Notwithstanding any other provisions of this chapter, a
13telecommunications carrier is not subject to regulation under this chapter, except
14that a telecommunications carrier shall comply with the requirements of this
15section, shall be treated under s. 196.199 as a party to an interconnection agreement,
16under ss. 196.209, 196.218 (8) and, 196.219 (4d), 196.25 (3) and 196.65 (3) as a
17telecommunications provider, under s. ss. 196.65 (3) (d) and 196.85 as a
18telecommunications utility and under s. 196.858 as an interexchange
19telecommunications utility, may be assessed under s. 196.218 (3) as a
20telecommunications provider and shall respond, subject to the protection of the
21telecommunications carrier's competitive information, to all reasonable requests for
22information about its operations in this state from the commission necessary to
23administer the universal service fund. A telecommunications carrier may not be
24assessed in a manner that is inconsistent with this section.
AB615,13,2525 (End)
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