SB408: Bill Text

SB408,27,10 (b) Each report filed under par. (a) shall include an affirmation, subject to penalty of false swearing under s. 946.32, by an officer of the large price-regulated telecommunications utility that the information contained in the report is true and complete.

SB408,27,12 (c) The commission shall promulgate rules establishing the format for reports filed under par. (a).

SB408, s. 24 Section 24. 196.1995 of the statutes is created to read:

SB408,27,15 196.1995 Interconnection, collocation, and network elements. (1) Definitions. In this section:

SB408,27,16 (a) "End-user customer" has the meaning given in s. 196.196 (6) (a) 2.

SB408,27,17 (b) "Local exchange service" has the meaning given in s. 196.50 (1) (b) 1.

SB408,27,18 (c) "Network element" has the meaning given in s. 196.196 (7) (a) 1.

SB408,27,19 (d) "Wholesale customer" has the meaning given in s. 196.197 (1) (f).

SB408,27,23 (2) Generally. (a) A large price-regulated telecommunications utility shall provide interconnection, collocation, and network elements to telecommunications providers in a manner that promotes the maximum development of competitive telecommunications service offerings in this state.

SB408,28,4 (b) A large price-regulated telecommunications utility shall provide interconnection, collocation, and network elements in a manner specified by a telecommunications provider if that manner is technically feasible. A manner is presumed to be technically feasible if the large price-regulated telecommunications utility or any of its affiliates offer or provide interconnection, collocation, and network elements in that manner in any jurisdiction.

SB408,28,17 (3) Collocation. (a) A large price-regulated telecommunications utility shall provide physical or virtual collocation of any type of equipment for interconnection with, or access to the network elements of, the utility or any collocated telecommunications provider at the utility's premises, at rates and on terms and conditions that are just, reasonable, and nondiscriminatory. In this paragraph, "equipment" includes optical transmission equipment, multiplexers, remote switching modules, and cross-connects between the facilities or equipment of other collocated telecommunications providers. In this paragraph, "equipment" also includes microwave transmission facilities on the exterior or interior of any premises owned or controlled by a large price-regulated telecommunications utility, unless the large price-regulated telecommunications utility demonstrates to the satisfaction of the commission that physical or virtual collocation of such facilities is not feasible due to technical issues or space limitations.

SB408,28,20 (b) Upon request, a large price-regulated telecommunications utility shall provide for each of the following in a manner that is consistent with safety and network reliability standards:

SB408,28,23 1. Cross-connects between the facilities or equipment of collocated telecommunications providers that are the most reasonably direct and efficient, as determined by the collocated telecommunications provider.

SB408,29,3 2. Cross-connects between the facilities or equipment of a collocated telecommunications provider and the network elements platform or transport facilities of a noncollocated telecommunications provider.

SB408,29,12 (4) Network elements. (a) Upon the request of a telecommunications provider, a large price-regulated telecommunications utility shall provide network elements on a bundled or unbundled basis, as requested by the telecommunications provider, at any point that the telecommunications provider determines is technically feasible, and in a manner that allows the telecommunications provider to combine the network elements to provide new or existing telecommunications service. A large price-regulated telecommunications utility must provide network elements under this paragraph at rates, and on terms and conditions, that are just, reasonable, and nondiscriminatory.

SB408,29,17 (b) A large price-regulated telecommunications utility may not require a wholesale customer to purchase network elements on an unbundled basis if the utility ordinarily combines the elements to provide service to the utility's own end-user customers, except at the direction of a telecommunications provider that requests unbundled network elements.

SB408,29,22 (c) At the direction of a telecommunications provider that requests network elements, a large price-regulated telecommunications utility shall provide network elements on a bundled or unbundled basis, and shall combine any sequence of network elements requested by the telecommunications provider that the utility ordinarily combines for itself.

SB408,30,10 (d) If a telecommunications provider uses the network elements platform of a large price-regulated telecommunications utility that consists solely of combined network elements and the use is for the purpose of providing telecommunications service to an end-user customer, the large price-regulated telecommunications utility may not require that the telecommunications provider purchase other network elements or retail services of the utility. A telecommunications provider may order the network elements platform on an as-is basis for an end-user customer that has received local exchange service from the large price-regulated telecommunications utility and the telecommunications provider may direct the utility not to change any of the features previously selected by the end-user customer. A large price-regulated telecommunications utility that provides a network elements platform to a telecommunications provider shall provide the platform without any disruption of services to end-user customers.

SB408,30,15 (5) Compliance plan. (a) No later than the first day of the 9th month beginning after the effective date of this paragraph .... [revisor inserts date], the commission shall, after notice and, if requested, a hearing, issue an order establishing a compliance plan for each large price-regulated telecommunications utility that includes each of the following:

SB408,30,20 1. Standards for the utility to provide nondiscriminatory access to the utility's services and network elements, including the utility's operational support system, to the utility's wholesale customers. The access must be at least equal in quality to the access provided by the utility to itself or to any subsidiary, affiliate, or other person to which the utility provides interconnection.

SB408,30,22 2. Procedures for measuring the large price-regulated telecommunications utility's compliance with the standards under subd. 1.

SB408,30,24 3. Requirements for the utility to make specified monetary payments to a wholesale customer if the utility fails to comply with the standards under subd. 1.

SB408,31,2 (b) The requirements of this subsection apply in addition to any requirements under an interconnection agreement.

SB408, s. 25 Section 25. 196.204 (3) of the statutes is amended to read:

SB408,31,16 196.204 (3) The commission shall establish the necessary minimum accounting and reporting requirements, and structural separation requirements if necessary, for telecommunications utilities to enable it to enforce this section. For a telecommunications utility regulated under s. 196.195 or 196.196, these requirements shall at a minimum include the filing of cost support documentation demonstrating compliance with subs. (5) and (6) before the effective date of each new service, including any unbundled service element or basic network function; before any reduction in the price of a service offered to end users; and before any increase in the price of a service offered to other telecommunications providers. The commission, on its own motion or upon complaint, may order any telecommunications utility to file cost support documentation showing that a service that the utility offers or a contract that the utility has entered into under s. 196.194 (1) (a) complies with subs. (5) and (6).

SB408, s. 26 Section 26. 196.219 (3m) of the statutes is created to read:

SB408,31,22 196.219 (3m) Real estate development. (a) In this subsection, "real estate development" means the act of dividing or subdividing any parcel of land for construction or making improvements to facilitate or allow construction or the act of creating, constructing, or improving a subdivision, development, building, or home.

SB408,32,4 (b) Except for the recovery of costs included in recurring rates for local exchange service, as defined in s. 196.50 (1) (b) 1., or in recurring rates for wholesale service to other telecommunications providers, a large price-regulated telecommunications utility may not impose or assess a charge or fee, or otherwise seek payment or require compensation from any person for the installation, construction, extension, or use of telecommunications facilities, equipment, or infrastructure, related to a real estate development.

SB408, s. 27 Section 27. 196.662 of the statutes is created to read:

SB408,32,8 196.662 Large price-regulated telecommunications utilities; remedies and enforcement. (1) Commission authority. (a) In this subsection, "interested person" means any of the following:

SB408,32,9 1. A customer of a large price-regulated telecommunications utility.

SB408,32,11 2. A telecommunications provider that competes with a large price-regulated telecommunications utility.

SB408,32,19 (b) The commission may, on its own motion, or in response to a complaint filed by an interested person, investigate whether a large price-regulated telecommunications utility has violated this chapter or a rule or order promulgated or issued under this chapter. After notice and, if requested, a hearing, if the commission finds that a large price-regulated telecommunications utility has committed such a violation, the commission shall directly assess against the utility a forfeiture under sub. (3) or, if applicable, under s. 196.197 (4) (a), and the commission shall do one or more of the following:

SB408,32,21 1. Order the utility to comply with this chapter or a rule or order promulgated or issued under this chapter.

SB408,32,25 2. Impose a tariff on the utility for retail or wholesale services or network elements. If the commission imposes a tariff under this subdivision, the tariff shall remain in effect until the utility files its own tariff and the commission, after notice and hearing, approves the utility's tariff.

SB408,33,2 3. Order the utility to pay damages to any person injured by the utility's violation of this chapter or a rule or order promulgated or issued under this chapter.

SB408,33,5 4. Order the utility to pay costs and reasonable attorney fees to the person, if any, who filed the complaint in response to which the commission took action under this paragraph.

SB408,33,15 (c) A large price-regulated telecommunications utility against whom the commission assesses a forfeiture under sub. (3) shall pay the forfeiture to the commission within 10 days after receipt of notice of the assessment or, if the utility petitions for judicial review under ch. 227, within 10 days after receipt of the final decision after exhaustion of judicial review. The commission shall remit all forfeitures paid under this paragraph to the state treasurer for deposit in the school fund. The attorney general shall bring an action in the name of the state to collect any forfeiture assessed by the commission under sub. (3) that has not been paid as provided in this paragraph. The only contestable issue in such an action is whether the forfeiture has been paid.

SB408,33,20 (2) Civil remedy. (a) Any person who is injured by a large price-regulated telecommunications utility's violation of this chapter or a rule or order promulgated or issued under this chapter may bring an action for damages resulting from the violation, or for injunctive or declaratory relief, or for any combination thereof. If the person prevails in the action, the court shall do all of the following:

SB408,33,22 1. Award the person costs and reasonable attorney fees, notwithstanding s. 814.04 (1).

SB408,33,24 2. Require the large price-regulated telecommunications utility to pay the forfeiture specified in sub. (3).

SB408,34,2 (b) A person may bring an action under par. (a) in lieu of filing a complaint with the commission under sub. (1) (b).

SB408,34,7 (3) Forfeitures. (a) If the commission or a court finds that a large price-regulated telecommunications utility has violated this chapter or a rule or order promulgated or issued under this chapter, the commission or court shall require the utility to forfeit not less than $25,000 nor more than $250,000 for each violation. Each day of violation constitutes a separate violation.

SB408,34,9 (b) The commission or a court shall consider all of the following in determining the amount of the forfeiture under par. (a):

SB408,34,11 1. The appropriateness of the forfeiture to the volume of business of the large price-regulated telecommunications utility.

SB408,34,12 2. The gravity of the violation.

SB408,34,14 (c) This subsection does not apply to violations of the standards under s. 196.197 (2) or (3).

SB408, s. 28 Section 28. Nonstatutory provisions.

SB408,35,2 (1) Using the procedure under section 227.24 of the statutes, the public service commission shall promulgate emergency rules under section 196.197 (2) (d), (4) (a) 2., and (5) (c) of the statutes, as created by this act, for the period before the effective date of permanent rules initially promulgated under section 196.197 (2) (d), (4) (a) 2., and (5) (c) of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the public service commission is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

SB408,35,7 (2) The public service commission shall submit in proposed form the rules required under section 196.197 (2) (d), (4) (a) 2., and (5) (c) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 7th month beginning after the effective date of this subsection.

SB408, s. 29 Section 29 . Initial applicability.

SB408,35,10 (1) The treatment of section 196.196 (6) (b) of the statutes first applies to reports made on the effective date of this subsection.

SB408,35,12 (2) The treatment of section 196.196 (6) (c) of the statutes first applies to orders made on the effective date of this subsection.

SB408,35,14 (3) The treatment of section 196.196 (6) (f) of the statutes first applies to notifications made on the effective date of this subsection.

SB408,35,17 (4) The treatment of section 196.219 (3m) of the statutes first applies to creation, construction, or improvements that begin on the effective date of this subsection.

SB408,35,19 (5) The treatment of section 196.662 of the statutes first applies to violations occurring on the effective date of this subsection.

SB408, s. 30 Section 30. Effective dates. This act takes effect on the day after publication, except as follows:

SB408,35,23 (1) The treatment of section 196.219 (3m) of the statutes and Section 29 (4 ) of this act take effect on the first day of the 2nd month beginning after publication.

SB408,35,24 (End)