SB248, s. 5
1Section 5. 196.50 (2) (c) of the statutes is renumbered 196.50 (2) (c) 1.
SB248, s. 6 2Section 6. 196.50 (2) (c) 2. of the statutes is created to read:
SB248,4,43 196.50 (2) (c) 2. The commission may not issue a certificate of authority under
4this subsection to a governmental subdivision, as defined in s. 196.50 (4) (a) 1.
SB248, s. 7 5Section 7. 196.50 (4) (title) of the statutes is amended to read:
SB248,4,76 196.50 (4) (title) Municipality Municipalities and governmental subdivisions
7restrained.
SB248, s. 8 8Section 8. 196.50 (4) of the statutes is renumbered 196.50 (4) (b) and amended
9to read:
SB248,4,1710 196.50 (4) (b) No municipality may construct any public utility if there is in
11operation under an indeterminate permit in the municipality a public utility
12engaged in similar service other than a telecommunications service, unless it secures
13from the commission a declaration, after a public hearing of all parties interested,
14that public convenience and necessity require the municipal public utility. The
15commission may not issue a declaration under this paragraph that allows a
16municipality to construct a telecommunications utility or alternative
17telecommunications utility.
SB248, s. 9 18Section 9. 196.50 (4) (a) of the statutes is created to read:
SB248,4,1919 196.50 (4) (a) In this subsection:
SB248,4,2320 1. "Governmental subdivision" means a political subdivision, a special purpose
21district, an instrumentality or corporation of a political subdivision or a special
22purpose district, or a combination or subunit of any of the foregoing, but does not
23include a public library board or public library system.
SB248,5,3
12. "Internet access service" means a service that enables a user to obtain access
2to content, information, electronic mail, or any other service offered over the
3Internet.
SB248,5,44 2e. "Local governmental unit" means any of the following:
SB248,5,55 a. A political subdivision.
SB248,5,66 b. A special purpose district.
SB248,5,87 c. An instrumentality or corporation of a political subdivision or special
8purpose district.
SB248,5,99 d. A combination or subunit of any person specified in subd. 2e. a. to c.
SB248,5,1110 e. A combination of a state agency and any person specified in subd. 2e. a. to
11d.
SB248,5,1312 2m. "Member of the public" means any person except a governmental
13subdivision.
SB248,5,1414 2r. "Political subdivision" means any city, village, town, or county.
SB248,5,1815 2w. "State agency" means any office, department, independent agency,
16institution of higher education, association, society, or other body in state
17government created or authorized to be created by the constitution or any law,
18including the legislature and courts.
SB248,5,2019 3. "Transfer" means to sell, lease, or transfer for consideration of any interest
20in ownership, title, or right to use.
SB248,5,2521 3m. "Transmission facility" means any plant or equipment used to transmit a
22telecommunications service by wire, optics, radio signal, or other means.
23"Transmission facility" does not include any conduit, pole, tower, or other structure
24that supports the plant or equipment used to transmit the telecommunications
25service.
SB248, s. 10
1Section 10. 196.50 (4) (c) of the statutes is created to read:
SB248,6,32 196.50 (4) (c) Except as provided in par. (d), no governmental subdivision may
3do any of the following:
SB248,6,54 1. Provide a telecommunications service in this state directly or indirectly to
5a member of the public.
SB248,6,86 2. Transfer a transmission facility in this state to another person if the facility
7is used to furnish a telecommunications service directly or indirectly to a member of
8the public.
SB248,6,99 3. Sell an Internet access service directly or indirectly to a member of the public.
SB248, s. 11 10Section 11. 196.50 (4) (d) of the statutes is created to read:
SB248,6,1811 196.50 (4) (d) 1. Paragraph (c) 1., 2., and 3. does not apply to a governmental
12subdivision that provides a telecommunications service, transfers a transmission
13facility, or sells an Internet access service to a local governmental unit, state agency,
14school district, cooperative educational service agency, technical college district,
15public library board, public library system, federally recognized Indian tribe or band
16located in this state, or volunteer fire company or fire department organized under
17ch. 213, under a contract or agreement under s. 66.0301, 66.0303, or 120.25 or a
18similar contract or agreement for the sharing of services or facilities.
SB248,6,2219 2. Paragraph (c) 2. does not apply to sales by a governmental subdivision of
20substantially all of the transmission facilities owned by the governmental
21subdivision to a telecommunications carrier, telecommunications utility, or
22alternative telecommunication utility.
SB248,7,323 3. If a governmental subdivision is subject to a contract that is in effect on the
24effective date of this subdivision .... [revisor inserts date], and that contains
25provisions that are inconsistent with par. (c) 1., 2., or 3., then, notwithstanding par.

1(c) 1., 2., or 3., the governmental subdivision may perform its obligations, and
2exercise its rights, under that contract until the contract expires, or is extended,
3modified, or renewed, whichever occurs first.
SB248, s. 12 4Section 12. 198.12 (6) of the statutes is amended to read:
SB248,7,235 198.12 (6) Utilities, acquire, construct, operate; water power; sale of
6service; use of streets.
The district shall have power and authority to own, acquire
7and, subject to the restrictions applying to a municipality under s. 196.50 (4) (b), to
8construct any utility or portion thereof to operate, in whole or in part, in the district,
9and to own, acquire and, subject to ss. 196.01 to 196.53 and 196.59 to 196.76 where
10applicable, to construct any addition to or extension of any such utility, and to own,
11acquire, and construct any water power and hydroelectric power plant, within or
12without the district, to be operated in connection with any such utility, and to
13operate, maintain, and conduct such utility and water power and hydroelectric
14power plant and system both within and without the district, and to furnish, deliver,
15and sell to the public and to any municipality and to the state and any state
16institution heat, light, and power service and any other service, commodity, or
17facility which may be produced or furnished thereby, and to charge and collect rates,
18tolls, and charges for the same. For said purposes the district is granted and shall
19have and exercise the right freely to use and occupy any public highway, street, way,
20or place reasonably necessary to be used or occupied for the maintenance and
21operation of such utility or any part thereof, subject, however, to such local police
22regulations as may be imposed by any ordinance adopted by the governing body of
23the municipality in which such highway, street, way, or place is located.
SB248, s. 13 24Section 13. 198.22 (6) of the statutes is amended to read:
SB248,8,10
1198.22 (6) Acquisition; construction; operation; sale of service; use of
2streets.
The district shall have power and authority to own, acquire, and, subject
3to the restrictions applying to a municipality under s. 196.50 (4) (b), to construct any
4water utility or portion thereof, to operate, in whole or in part, in the district and to
5construct any addition or extension to any such utility. For such purpose the district
6is granted and shall have and exercise the right freely to use and occupy any public
7highway, street, way, or place reasonably necessary to be used or occupied for the
8construction, operation, or maintenance of such utility or any part thereof, subject,
9however, to the obligation of the district to replace said grounds in the same condition
10as they previously were in.
SB248,8,1111 (End)
Loading...
Loading...