AB879: Bill Text

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)