SB408: Bill Text

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)