SB451: Bill Text

SB451,25,22 2. Procedures for measuring the large price-regulated telecommunications utility's compliance with the standards under subd. 1.

SB451,25,24 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.

SB451,26,2 (b) The requirements of this subsection apply in addition to any requirements under an interconnection agreement.

SB451, s. 29 Section 29. 196.204 (1) of the statutes is renumbered 196.204 (1g) and amended to read:

SB451,26,16 196.204 (1g) Except for retained earnings and except as provided in sub. (1r), a telecommunications utility may not subsidize, directly or indirectly, any activity, including any activity of an affiliate, which is not subject to this chapter or is subject to this chapter under s. 196.194, 196.195, 196.202, or 196.203. No telecommunications utility may allocate any costs or expenses in a manner which that would subsidize any activity which that is not subject to this chapter or is subject to this chapter under s. 196.194, 196.195, 196.202, or 196.203. Except as provided in subs. (2) and (4) the commission may not allocate any revenue or expense so that a portion of a telecommunications utility's business which that is fully regulated under this chapter is subsidized by any activity which that is not regulated under this chapter or is partially deregulated under s. 196.194, 196.195, 196.202, or 196.203.

SB451, s. 30 Section 30. 196.204 (1r) of the statutes is created to read:

SB451,26,18 196.204 (1r) (a) In this subsection:

SB451,26,19 1. "Affiliated interest" has the meaning given in s. 196.52 (1).

SB451,26,22 2. "Holding company" means a person that, in any chain of successive ownership, directly or indirectly as a beneficial owner, owns, controls, or holds 50% or more of the outstanding voting securities of a telecommunications utility.

SB451,26,25 3. "Rural carrier petition" means a petition filed with commission under 47 USC 251 (f) (2) for suspension or modification of the requirements of 47 USC 251 (b) or (c).

SB451,27,3 4. "Rural telephone company exemption" means the exemption from the requirements of 47 USC 251 (c) that applies to a rural telephone company under 47 USC 251 (f) (1).

SB451,27,10 5. "Small telecommunications utility" means a telecommunications utility that has less than 50,000 access lines in use in this state. For purposes of this subdivision, if a telecommunications utility is owned, controlled, or held by a holding company, the number of access lines in use in this state by the telecommunications utility shall include the number of access lines in use in this state by all other telecommunications utilities, other than commercial mobile radio service providers, that are owned, controlled, or held by the holding company.

SB451,27,11 (b) 1. Except as provided in subd. 2.:

SB451,27,17 a. A small telecommunications utility may guarantee a loan for an affiliated interest if the loan is made before the the first day of the 60th month beginning after the effective date of this subdivision 1. a. .... [revisor inserts date], and the purpose of the loan is to partially or completely fund the cost of equipment that the affiliated interest will use to provide telecommunications services, cable television services, or both.

SB451,27,21 b. A small telecommunications utility may allow an affiliated interest free use of any of the utility's intangible assets, including its name, goodwill, patents, and trademarks, if the affiliated interest uses the intangible asset to provide telecommunications services, cable television services, or both.

SB451,27,25 2. A small telecommunications utility may not guarantee a loan under subd. 1. a. or allow use of an intangible asset under subd. 1. b., unless the small telecommunications utility waives the right to withhold consent under s. 196.50 (1) (b) 2. b. in any proceeding under s. 196.50 (1) (b).

SB451,28,6 (c) 1. During the life of a loan guaranteed by a small telecommunications utility under par. (b) 1. a., if the small telecommunications utility files a rural carrier petition or the commission determines under 47 USC 251 (f) (1) (B) not to terminate the small telecommunication utility's rural telephone company exemption, the affiliated interest shall annually pay to the small telecommunications utility an amount equal to one-quarter of one percent of the outstanding balance of the loan.

SB451,28,13 2. After a small telecommunications utility allows use of an intangible asset under par. (b) 1. b., if the small telecommunications utility files a rural carrier petition or the commission determines under 47 USC 251 (f) (1) (B) not to terminate the small telecommunication utility's rural telephone company exemption, the affiliated interest shall annually pay the small telecommunications utility an amount equal to one-quarter of one percent of the affiliated interest's annual gross sales.

SB451,28,17 3. The duty to make payments under subd. 1. or 2. begins on the date that the small telecommunications utility files the rural carrier petition or on the date that the commission determines not to terminate the rural telephone company exemption.

SB451, s. 31 Section 31. 196.204 (3) of the statutes is renumbered 196.204 (3) (a).

SB451, s. 32 Section 32. 196.204 (3) (b) of the statutes is created to read:

SB451,28,24 196.204 (3) (b) The commission shall promulgate rules that require the minimum accounting and reporting requirements under par. (a) that apply to transactions between small telecommunications utilities, as defined in sub. (1r) (a) 5., and affiliated interests, as defined in s. 196.52 (1), to conform with the requirements under 47 CFR 32.27.

SB451, s. 33 Section 33. 196.219 (1) (c) of the statutes is created to read:

SB451,29,4 196.219 (1) (c) "Wholesale services" include preordering, ordering and provisioning, maintenance and repair, network performance, unbundled elements, operator services and directory assistance, system performance, service center availability, billing, and any other service that the commission specifies by order.

SB451, s. 34 Section 34. 196.219 (3) (p) of the statutes is created to read:

SB451,29,9 196.219 (3) (p) Fail to provide wholesale services to another telecommunications provider on the same terms and conditions that the telecommunications utility or telecommunications provider provides to itself or to any of its affiliates.

SB451, s. 35 Section 35. 196.219 (3m) of the statutes is created to read:

SB451,29,11 196.219 (3m) Wholesale service standards. (a) In this subsection:

SB451,29,13 1. "Repeat trouble report" means a trouble report by a wholesale customer who has previously made a trouble report regarding the same wholesale service.

SB451,29,16 2. "Trouble report" means a report to a telecommunications provider by a wholesale customer about a problem regarding a wholesale service provided by the telecommunications provider.

SB451,29,20 (b) No later than the first day of the 4th month beginning after the effective date of this paragraph .... [revisor inserts date], the commission shall, by order, establish nondiscriminatory standards that, except as provided in par. (d), require a telecommunications provider to do all of the following:

SB451,29,21 1. Provision wholesale services and related facilities in a timely manner.

SB451,29,22 2. Repair wholesale service outages in a timely manner.

SB451,29,24 3. Minimize the frequency of trouble reports, including trouble reports within 30 days after initiating a wholesale service.

SB451,29,25 4. Minimize the frequency of repeat trouble reports.

SB451,30,7 (c) The order under par. (b) may require a telecommunications provider that fails to comply with the order to make payments to another telecommunications provider that is affected by the failure to comply or to the commission in amounts and according to schedules that are specified in the order. The commission may use the payments for any purpose determined by the commission relating to maintaining or improving telecommunications service quality, including compensating persons who are affected by the failure to comply with the order.

SB451,30,15 (d) The commission may, upon its own motion or a petition from an interested person, issue an order exempting a telecommunications provider from the order or any requirement of the order issued under par. (b), or imposing a requirement that is less stringent than a requirement of the order issued under par. (b), if the commission finds, after notice and hearing, that an order under this paragraph is in the public interest and the telecommunications provider that is the subject of the order has not violated the order issued under par. (b) or any other requirement of this section or any of the following:

SB451,30,17 1. A provision of the federal Telecommunications Act of 1996 relating to wholesale service.

SB451,30,19 2. A regulation or order issued under the federal Telecommunications Act of 1996 relating to wholesale service.

SB451,30,20 3. An interconnection agreement approved by the commission.

SB451,30,22 (e) After the commission issues the order under par. (b), the commission may promulgate rules that implement the requirements of this subsection.

SB451, s. 36 Section 36. 196.37 (2) of the statutes is amended to read:

SB451,31,12 196.37 (2) If the commission finds that any measurement, regulation, practice, act or service is unjust, unreasonable, insufficient, preferential, unjustly discriminatory or otherwise unreasonable or unlawful, or that any service is inadequate, or that any service which reasonably can be demanded cannot be obtained, the commission shall determine and make any just and reasonable order relating to a measurement, regulation, practice, act or service to be furnished, imposed, observed and followed in the future. An order under this subsection against a telecommunications provider may require the telecommunications provider to make payments in amounts specified in the order to persons affected by the measurement, regulation, practice, act, or service or to the commission. The commission may use any payment received under this subsection for any purpose determined by the commission relating to maintaining or improving telecommunications service quality, including compensating persons who are affected by the measurement, regulation, practice, act, or service.

SB451, s. 37 Section 37. 227.01 (13) (cm) of the statutes is created to read:

SB451,31,15 227.01 (13) (cm) Is an order under s. 196.196 (6) (f) or (h) 2., 196.1995 (5) (a), or 196.219 (1) (c) or (3m) (b).

SB451, s. 38 Section 38. Nonstatutory provisions.

SB451,31,17 (1) Rules defining "effective competition."

SB451,32,2 (a) Emergency rules. The public service commission shall use the procedure under section 227.24 of the statutes to promulgate the rules required under sections 196.025 (6) (b) 4., 196.195 (1g), and 196.196 (1) (em) 3. of the statutes, as affected by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, the emergency rules shall remain in effect until the date on which the permanent rules take effect. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the public service commission is not required to provide evidence that promulgating an emergency rule under this paragraph is necessary to preserve the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.

SB451,32,7 (b) Proposed permanent rules. The public service commission shall submit in proposed form the rules required under sections 196.025 (6) (b) 4., 196.195 (1g), and 196.196 (1) (em) 3. of the statutes, as affected 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 paragraph.

SB451,32,12 (2) Proposed accounting rules for small telecommunications utilities. The public service commission shall submit in proposed form the rules required under sections 196.204 (3) (b) 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 4th month beginning after the effective date of this subsection.

SB451, s. 39 Section 39 . Initial applicability.

SB451,32,16 (1) The treatment of section 100.207 (3) (a) and (d), (3m), (5), (6) (b) 1., (c), (em) 1., and (g), and (7) of the statutes first applies to changes in telecommunications services made on the effective date of this subsection.

SB451,32,18 (2) The treatment of section 196.196 (6) (b) of the statutes first applies to reports made on the effective date of this subsection.

SB451,32,20 (3) The treatment of section 196.196 (6) (c) of the statutes first applies to orders made on the effective date of this subsection.

SB451,32,22 (4) The treatment of section 196.37 (2) of the statutes first applies to orders issued on the effective date of this subsection.

SB451, s. 40 Section 40. Effective dates. This act takes effect on the day after publication, except as follows:

SB451,33,3 (1) The treatment of section 100.207 (3) (a) and (d), (3m), (5), (6) (b) 1., (c), (em) 1., and (g), and (7) of the statutes and Section 39 (1 ) of this act take effect on the first day of the 10th month beginning after publication.

SB451,33,4 (End)