AB879: Bill Text

Under the formula, the amount of money allocated to each county is determined by multiplying the fund balance by a fraction whose numerator is equal to the number of access lines owned by large telecommunications utilities in the county and whose denominator is equal to the number of access lines in the state that are owned by large telecommunications utilities. The amount of money distributed to each eligible local unit of government from the county allocation is determined by multiplying the county allocation by a fraction whose numerator is equal to the number of county residents who are or will be served by the eligible local unit of government's basic or sophisticated system and whose denominator is equal to the number of county residents who are or will be served by any eligible local unit of government's basic system or sophisticated system.

A different rule applies for determining the amount of a grant to a county that has a population of more than 500,000 and that operates a public safety answering point. For such a county, DOR must award a grant equal to the lesser of 5% of the amount of the county allocation determined under the above formula, or the total eligible costs and debt service costs incurred by the county.

Eligible local units of government are required to deposit grant moneys in a separate account and submit a report to DOR within one year after receiving the grant. The report must document the uses to which the grant money has been put. The bill prohibits an eligible local unit of government from using grant moneys for the cost of equipment that an emergency service provider uses to respond directly to an emergency call or for the cost of personnel other than certain personnel training costs.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB879, s. 1 Section 1. 20.566 (2) (v) of the statutes is created to read:

AB879,3,3 20.566 (2) (v) Assistance grants for "911". From the assistance fund for "911", a sum sufficient for grants made under s. 76.55.

AB879, s. 2 Section 2. 25.17 (1) (aj) of the statutes is created to read:

AB879,3,5 25.17 (1) (aj) Assistance fund for "911" (s. 25.98).

AB879, s. 3 Section 3. 25.98 of the statutes is created to read:

AB879,4,3 25.98 Assistance fund for "911". There is established a separate nonlapsible trust fund designated as the assistance fund for "911", consisting of all moneys deposited under 1999 Wisconsin Act .... (this act), section 12 (3 ).

AB879, s. 4 Section 4. 76.55 of the statutes is created to read:

AB879,4,5 76.55 Assistance grants for "911". (1) In this section:

AB879,4,6 (a) "Basic system" has the meaning given in s. 146.70 (1) (c).

AB879,4,8 (b) "Debt service costs" means principal and interest costs for bonds issued for the purpose of financing eligible costs.

AB879,4,9 (c) "Department" means the department of revenue.

AB879,4,15 (d) "Eligible costs" means costs incurred after the effective date of this paragraph .... [revisor insert date], that are directly related to purchasing or leasing equipment for establishing or improving a basic system or a sophisticated system, including costs for telephone, radio communications, computer-aided dispatch, records management, voice recording and mobile data network systems; and costs for training personnel to use the equipment.

AB879,4,18 (e) "Eligible local unit of government" means a town, village, city or county that has a large telecommunications utility operating within its borders and that satisfies one of the following:

AB879,4,20 1. The town, village, city or county operates a public safety answering point on the effective date of this subdivision .... [revisor inserts date].

AB879,4,23 2. The town, village, city or county intends to operate a public safety answering point no later than the first day of the 19th month beginning after the effective date of this subdivision .... [revisor inserts date].

AB879,5,3 (f) "Fund balance" means the balance in the assistance fund for "911" immediately after the public service commission has deposited all of the payments made under 1999 Wisconsin Act .... (this act), section 12 (3).

AB879,5,5 (g) "Large telecommunications utility" has the meaning given in s. 196.219 (2m) (a) 4.

AB879,5,6 (h) "Public safety answering point" has the meaning given in s. 146.70 (1) (gm).

AB879,5,7 (i) "Sophisticated system" has the meaning given in s. 146.70 (1) (i).

AB879,5,10 (2) (a) Except as provided in sub. (3), the department shall award a grant from the appropriation under s. 20.566 (2) (v), equal to the amount determined under par. (b), to an eligible local unit of government for eligible costs and debt service costs.

AB879,5,14 (b) The department shall award a grant under this section to an eligible local unit of government to cover eligible costs and debt service costs. Except as provided in sub. (3), the department shall award a grant to each eligible local unit of government equal to an amount determined as follows:

AB879,5,19 1. For each county that includes an eligible local unit of government, multiply the fund balance by a fraction whose numerator is equal to the number of access lines owned by large telecommunications utilities in the county and whose denominator is equal to the number of access lines in the state that are owned by large telecommunications utilities.

AB879,5,24 2. Multiply the result under subd. 1. by a fraction whose numerator is equal to the number of county residents who are or will be served by the eligible local unit of government's basic system or sophisticated system and whose denominator is the number of county residents who are or will be served by any eligible local unit of government's basic system or sophisticated system.

AB879,6,4 (3) For a county that has a population of more than 500,000 and that operates a public safety answering point, the department shall award a grant in an amount equal to the lesser of 5% of the amount calculated for the county under sub. (2) (b) 1. or the total eligible costs and debt service costs that are incurred by the county.

AB879,6,10 (4) A grant recipient under this section shall deposit the grant moneys in a separate account and shall submit a report to the department within one year after receiving the grant. The report shall document the uses to which the grant money has been put. A grant recipient may not use grant moneys for the cost of equipment that an emergency service provider uses to respond directly to an emergency call or for the cost of personnel other than the cost of training personnel to use equipment.

AB879, s. 5 Section 5. 196.196 (2) (a) of the statutes is amended to read:

AB879,6,15 196.196 (2) (a) Except as required to enforce this subsection and the requirements of s. 196.219 (2m), the commission may not review or set the rates for intrastate access services offered by price-regulated telecommunications utilities. This paragraph does not waive the tariff requirements of s. 196.219 (2m).

AB879, s. 6 Section 6. 196.203 (1) of the statutes is amended to read:

AB879,6,19 196.203 (1) Except as provided in this section and s. 196.219 (2m), alternative telecommunications utilities are exempt from all provisions of ch. 200 and this chapter.

AB879, s. 7 Section 7. 196.219 (2m) of the statutes is renumbered 196.219 (2m) (b).

AB879, s. 8 Section 8. 196.219 (2m) (a) of the statutes is created to read:

AB879,6,22 196.219 (2m) (a) Definitions. In this subsection:

AB879,6,25 1. "Access rate" means any rate, fee, price or amount for the provision of an access service or any basic network function or element that comprises an access service or any traffic sensitive or nontraffic sensitive charge.

AB879,7,3 2. "Affiliate of a large telecommunications utility" means any person who controls, is controlled by or is under common control with a large telecommunications utility.

AB879,7,5 3. "Holding company" means a holding company, as defined in s. 196.795 (1) (h) 1., that owns or controls one or more large telecommunications utilities.

AB879,7,7 4. "Large telecommunications utility" means a telecommunications utility with more than 200,000 access lines in this state.

AB879,7,9 5. "Unaffiliated telecommunications provider" means a telecommunications provider that is not an affiliate of a large telecommunications utility.

AB879, s. 9 Section 9. 196.219 (2m) (b) (title) of the statutes is created to read:

AB879,7,11 196.219 (2m) (b) (title) Nondiscrimination.

AB879, s. 10 Section 10. 196.219 (2m) (c) of the statutes is created to read:

AB879,7,21 196.219 (2m) (c) Unaffiliated telecommunications providers. 1. Beginning on the first day of the 13th month after the effective date of this subdivision .... [revisor inserts date], a large telecommunications utility or a holding company may not charge an access rate to an unaffiliated telecommunications provider that exceeds the lowest compensation rate or combination of rates that it charges, whether by tariff or agreement, to itself, an affiliate of the large telecommunications utility or any other telecommunications provider for the same or similar service, basic network function or element used for the termination or transport of a local exchange call, including extended community calling or extended area service calling.

AB879,8,3 2. Notwithstanding subd. 1., a large telecommunications utility or holding company may petition the commission for approval to charge an unaffiliated telecommunications provider an access rate that exceeds an access rate specified in subd. 1. The commission may grant its approval after notice to all interested parties and a hearing if the commission finds that the large telecommunications utility or holding company has established, by clear and convincing evidence, each of the following:

AB879,8,6 a. That the large telecommunications utility or holding company has experienced a substantial change in circumstances that justifies the petitioned access rate.

AB879,8,8 b. That the petitioned access rate will not have an anticompetitive impact on any competitor of the large telecommunications utility or holding company.

AB879,8,11 c. That the petitioned access rate does not exceed the large telecommunications utility's or holding company's total service long-run incremental costs in providing the access service.

AB879,8,12 d. That the petitioned access rate is in the public interest.

AB879, s. 11 Section 11. 196.219 (2r) of the statutes is created to read:

AB879,8,19 196.219 (2r) Reduction of rates. Each unaffiliated telecommunications provider, as defined in sub. (2m) (a) 5., shall pass on its savings, in the aggregate, to its customers in an amount equal to the reductions in intrastate access rates under sub. (2m) (c). To ensure compliance with this subsection, the commission may review the method of passing on savings to customers that the unaffiliated telecommunications provider chooses.

AB879, s. 12 Section 12 . Nonstatutory provisions.

AB879,8,21 (1) Definitions. In this Section:

AB879,8,23 (a) "Access rate" has the meaning given in section 196.219 (2m) (a) 1. of the statutes, as created by this act.

AB879,8,24 (b) "Commission" means the public service commission.

AB879,9,2 (c) "Large telecommunications utility" has the meaning given in section 196.219 (2m) (a) 4. of the statutes, as created by this act.

AB879,9,4 (d) "Public safety answering point" has the meaning given in section 146.70 (1) (gm) of the statutes.

AB879,9,5 (2) Reporting requirements.

AB879,9,12 (a) Each large telecommunications utility shall report to the commission the number of access lines that the utility owns in this state and in each county and the number and identity of the towns, cities, villages and counties that it serves by the first day of the 3rd month following the effective date of this paragraph. The commission shall provide the information reported under this paragraph to the department of revenue for the purpose of administering the requirements of section 76.55 of the statutes, as created by this act.

AB879,9,23 (b) Each town, city, village or county that is not operating a public safety answering point on the effective date of this paragraph, that intends to operate a public safety answering point by the first day of the 19th month following the effective date of this paragraph and that seeks a grant under section 76.55 of the statutes, as created by this act, shall notify the commission of the town's, city's, village's or county's intent to operate a public safety answering point. The commission shall prepare a list of existing public safety answering points and of public safety answering points that are intended to be operational by the first day of the 19th month following the effective date of this paragraph and provide the department of revenue with a copy of this list by the first day of the 10th month following the effective date of this paragraph.

AB879,9,25 (3) Assessments. On the first day of the 14th month following the effective date of this subsection, the commission shall assess against each large telecommunications utility an amount equal to the result obtained by multiplying the number of access lines in this state owned by the large telecommunications utility by the difference between the large telecommunications utility's access rates in effect on the effective date of this subsection and the access rates in effect on the first day of the 13th month following the effective date of this subsection. A large telecommunications utility shall pay an assessment within 30 days after the commission has mailed a bill for the assessment. The bill constitutes notice of the assessment and demand of payment. The commission shall deposit the payments in the assistance fund for "911" under section 25.98 of the statutes, as created by this act.

AB879,10,11 (End)