SB351,7,2019 3. Within 120 days after receipt of a petition under subd. 1., the commission
20shall do one of the following:
SB351,7,2221 a. Deny the petition in writing and provide a brief statement of the reasons for
22the denial.
SB351,7,2323 b. Hold a hearing on the petition and issue a declaratory ruling in writing.
SB351,8,6 24(4) Penalties. (a) 1. A party to an interconnection agreement, approved by the
25commission, who has failed to comply with the agreement shall forfeit not more than

1$15,000 or, if the failure is wilful, not more than $40,000, except that if the party is
2a telecommunications utility that has $10,000,000 or less in annual gross operating
3revenues derived from intrastate operations during the last calendar year, as
4determined under s. 196.85 (2), the forfeiture under this subdivision shall be not
5more $10,000. For purposes of this subdivision, each day that a party fails to comply
6with an interconnection agreement is a separate failure to comply.
SB351,8,97 2. The maximum forfeiture that may be imposed under subd. 1. shall be trebled
8if either of the following conditions is satisfied and shall be sextupled if both of the
9following conditions are satisfied:
SB351,8,1110 a. The party's failure to comply causes death or life-threatening or seriously
11debilitating injury.
SB351,8,1312 b. The party's failure to comply continues after the party receives written notice
13of the commission's order requiring compliance with the interconnection agreement.
SB351,8,2014 3. In addition to a forfeiture imposed under subd. 1., a party to an
15interconnection agreement, approved by the commission, who has failed to comply
16with the agreement shall forfeit an amount equal to not more than 2 times the gross
17value of the party's economic gain resulting from the failure to comply or not more
18than 2 times the gross value of the economic loss experienced by the party to the
19agreement who is injured as a result of the party's failure to comply, whichever is
20greater.
SB351,8,2221 (b) A court shall consider each of the following in determining the amount of
22a forfeiture under par. (a):
SB351,8,2423 1. The appropriateness of the forfeiture to the volume of business of the party
24that failed to comply with the agreement.
SB351,8,2525 2. The gravity of the failure to comply.
SB351,9,2
13. Any good faith attempt to comply with the agreement after the party receives
2notice of a failure to comply
SB351,9,33 4. Any other factor that the court determines is relevant.
SB351, s. 2 4Section 2. 196.219 (1) of the statutes is renumbered 196.219 (1) (intro.) and
5amended to read:
SB351,9,66 196.219 (1) (title) Definition Definitions. (intro.) In this section , "consumer":
SB351,9,10 7(a) "Consumer" means any person, including a telecommunications provider,
8that uses the services, products or facilities provided by a telecommunications utility
9or the local exchange services offered by a telecommunications provider that is not
10a telecommunications utility
.
SB351, s. 3 11Section 3. 196.219 (1) (b) of the statutes is created to read:
SB351,9,1312 196.219 (1) (b) "Local exchange service" has the meaning given in s. 196.50 (1)
13(b) 1.
SB351, s. 4 14Section 4. 196.219 (2) (a) of the statutes is amended to read:
SB351,9,1915 196.219 (2) (a) Notwithstanding any exemptions identified in this chapter
16except s. 196.202, a telecommunications utility or provider shall provide protection
17to its consumers under this section unless exempted in whole or in part by rule or
18order of the commission under this section. The commission shall promulgate rules
19that identify the conditions under which provisions of this section may be suspended.
SB351, s. 5 20Section 5. 196.219 (2) (d) of the statutes is amended to read:
SB351,9,2321 196.219 (2) (d) If the commission grants an exemption under this subsection,
22it may require the telecommunications utility or provider to comply with any
23condition necessary to protect the public interest.
SB351, s. 6 24Section 6. 196.219 (2m) (a) of the statutes is amended to read:
SB351,10,3
1196.219 (2m) (a) A telecommunications utility or provider shall provide access
2services under tariff under the same rates, terms and conditions to all
3telecommunications providers.
SB351, s. 7 4Section 7. 196.219 (3) (intro.) and (a) of the statutes are amended to read:
SB351,10,85 196.219 (3) Prohibited practices. (intro.) A telecommunications utility may
6not do any of the following
with respect to its regulated services or any other
7telecommunications provider with respect to its offering of local exchange services
8may not do any of the following
:
SB351,10,149 (a) Refuse to interconnect within a reasonable time with another person to the
10same extent that the federal communications commission requires the
11telecommunications utility or provider to interconnect. The public service
12commission may require additional interconnection based on a determination,
13following notice and opportunity for hearing, that additional interconnection is in
14the public interest and is consistent with the factors under s. 196.03 (6).
SB351, s. 8 15Section 8. 196.219 (3) (e) of the statutes is amended to read:
SB351,10,1916 196.219 (3) (e) Fail to provide a service, product or facility to a consumer other
17than a telecommunications provider in accord with the telecommunications utility's
18or provider's applicable tariffs, price lists or contracts and with the commission's
19rules and orders.
SB351, s. 9 20Section 9. 196.219 (3) (em) of the statutes is amended to read:
SB351,10,2421 196.219 (3) (em) Refuse to provide a service, product or facility to a
22telecommunications provider
, in accord with the that telecommunications utility's or
23provider's
applicable tariffs, price lists or contracts and with the commission's rules
24and orders, to another telecommunications provider.
SB351, s. 10 25Section 10. 196.219 (3) (f) of the statutes is amended to read:
SB351,11,9
1196.219 (3) (f) Refuse to provide basic local exchange service, business access
2line and usage service within a local calling area and access service on an unbundled
3basis to the same extent that the federal communications commission requires the
4telecommunications utility or provider to unbundle the same services provided
5under its jurisdiction. The public service commission may require additional
6unbundling of intrastate telecommunications services based on a determination,
7following notice and opportunity for hearing, that additional unbundling is required
8in the public interest and is consistent with the factors under s. 196.03 (6). The public
9service commission may order unbundling by a small telecommunications utility.
SB351, s. 11 10Section 11. 196.219 (3) (h) of the statutes is amended to read:
SB351,11,1511 196.219 (3) (h) To the extent prohibited by the federal communications
12commission, or by the public service commission under rules promulgated consistent
13with the factors under s. 196.03 (6), give preference or discriminate in the provision
14of services, products or facilities to an affiliate, or to the telecommunications utility's
15or provider's own or an affiliate's retail department that sells to consumers.
SB351, s. 12 16Section 12. 196.219 (3) (m) of the statutes is amended to read:
SB351,11,2117 196.219 (3) (m) Provide telecommunications service to any person acting as a
18telecommunications utility, telecommunications provider, alternative
19telecommunications utility or telecommunications carrier if the commission has
20ordered the telecommunications utility or provider to discontinue service to that
21person.
SB351, s. 13 22Section 13. 196.219 (4) of the statutes is amended to read:
SB351,12,223 196.219 (4) Enforcement. (a) On the commission's own motion or upon
24complaint filed by the consumer, the commission shall have jurisdiction to take

1administrative action or to commence civil actions against telecommunications
2utilities or providers to enforce this section.
SB351,12,73 (b) The commission may, at its discretion, institute in any court of competent
4jurisdiction a proceeding against a telecommunications utility or provider for
5injunctive relief to compel compliance with this section, to compel the accounting and
6refund of any moneys collected in violation of this section or for any other relief
7permitted under this chapter.
SB351, s. 14 8Section 14. 196.219 (4m) of the statutes is renumbered 196.219 (4m) (a) and
9amended to read:
SB351,12,1310 196.219 (4m) (a) Upon a finding of a violation of this section by the commission,
11any
Any person injured because of a violation of this section by a telecommunications
12utility or provider may commence a civil action to recover damages or to obtain
13injunctive relief.
SB351, s. 15 14Section 15. 196.219 (4m) (b) of the statutes is created to read:
SB351,12,1815 196.219 (4m) (b) Upon request of the commission, the attorney general may
16bring an action to require a telecommunications utility or provider to compensate
17any person for any pecuniary loss caused by the failure of the utility or provider to
18comply with this section.
SB351, s. 16 19Section 16. 196.219 (5) of the statutes is amended to read:
SB351,12,2220 196.219 (5) Alternate dispute resolution. The commission shall establish by
21rule a procedure for alternative dispute resolution to be available for complaints filed
22against a telecommunications utility or provider.
SB351, s. 17 23Section 17. 196.43 (3) of the statutes is created to read:
SB351,13,324 196.43 (3) No injunction may be issued in any proceeding for review under ch.
25227 of an order of the commission under s. 196.199 (3) (a), suspending or staying the

1order, unless the court finds that the person seeking review of the order is likely to
2succeed on the merits and suffer irreparable harm without the suspension or stay
3and that the suspension or stay is in the public interest.
SB351, s. 18 4Section 18. 196.499 (1) of the statutes, as affected by 1997 Wisconsin Act 27,
5is amended to read:
SB351,13,186 196.499 (1) Scope. Notwithstanding any other provisions of this chapter, a
7telecommunications carrier is not subject to regulation under this chapter, except
8that a telecommunications carrier shall comply with the requirements of this
9section, shall be treated under s. 196.199 as a party to an interconnection agreement,
10under ss. 196.209, 196.218 (8) and, 196.219 (4d), 196.25 (3) and 196.65 (3) as a
11telecommunications provider, under s. ss. 196.65 (3) (d) and 196.85 as a
12telecommunications utility and under s. 196.858 as an interexchange
13telecommunications utility, may be assessed under s. 196.218 (3) as a
14telecommunications provider and shall respond, subject to the protection of the
15telecommunications carrier's competitive information, to all reasonable requests for
16information about its operations in this state from the commission necessary to
17administer the universal service fund. A telecommunications carrier may not be
18assessed in a manner that is inconsistent with this section.
SB351,13,1919 (End)
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