For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB272, s. 1 1Section 1. 66.0419 (3m) of the statutes is created to read:
SB272,2,62 66.0419 (3m) Local government cable television system costs. Except for
3costs for any of the following, a municipality or county that owns and operates a cable
4television system, or an entity owned or operated, in whole or in part, by such a
5municipality or county, may not require nonsubscribers of the cable television system
6to pay any of the costs of the cable television system:
SB272,2,77 (a) Public, educational, and governmental access channels.
SB272,2,98 (b) Debt service on bonds issued under s. 66.0619 to finance the construction,
9renovation, or expansion of a cable television system.
SB272, s. 2
1Section 2. 66.0422 of the statutes is created to read:
SB272,3,3 266.0422 Cable television, telecommunications, and Internet access
3facilities.
(1) In this section:
SB272,3,44 (a) "Cable service" has the meaning given in s. 66.0419 (2) (c).
SB272,3,55 (b) "Local government" means a county, city, village, or town.
SB272,3,66 (c) "Telecommunications service" has the meaning given in s. 196.01 (9m).
SB272,3,10 7(2) No local government may enact an ordinance or adopt a resolution
8authorizing the local government to construct, own, or operate any facility for
9providing cable service, telecommunications service, or Internet access service,
10directly or indirectly, to the public, unless all of the following are satisfied:
SB272,3,1211 (a) The local government holds a public hearing on the proposed ordinance or
12resolution.
SB272,3,1413 (b) Notice of the public hearing is given by publication of a class 3 notice under
14ch. 985 in the area affected by the proposed ordinance or resolution.
SB272,3,2315 (c) No less than 30 days before the public hearing, the local government
16prepares and makes available for public inspection a report estimating the total costs
17of, and revenues derived from, constructing, owning, or operating the facility and
18including a cost-benefit analysis of the facility for a period of at least 3 years. The
19costs that are subject to this paragraph include personnel costs and costs of
20acquiring, installing, maintaining, repairing, or operating any plant or equipment,
21and include an appropriate allocated portion of costs of personnel, plant, or
22equipment that are used to provide jointly both telecommunications services and
23other services.
SB272, s. 3 24Section 3. 196.203 (1) of the statutes is amended to read:
SB272,4,5
1196.203 (1) Except as provided in this section, alternative Alternative
2telecommunications utilities are exempt from all provisions of ch. 201 and this
3chapter, except as provided in this section and except that an alternative
4telecommunications utility that is a local government telecommunications utility, as
5defined in s. 196.204 (5) (ag) 1., is subject to s. 196.204 (5)
.
SB272, s. 4 6Section 4. 196.204 (5) (a) of the statutes is renumbered 196.204 (5) (ar) and
7amended to read:
SB272,4,188 196.204 (5) (ar) In addition to the other requirements of this section, each
9telecommunications service, relevant group of services, and basic network function
10offered or used by a telecommunications utility shall be priced to exceed its total
11service long-run incremental cost. For a local government telecommunications
12utility, such total service long-run incremental cost shall take into account, by
13imputation or allocation, equivalent charges for all taxes, pole rentals, rights of way,
14licenses, and similar costs that are incurred by nongovernmental
15telecommunications utilities.
The commission may waive the applicability of this
16paragraph to a nongovernmental telecommunications utility's basic local exchange
17service if the commission determines that a waiver is consistent with the factors
18under s. 196.03 (6).
SB272, s. 5 19Section 5. 196.204 (5) (ag) of the statutes is created to read:
SB272,4,2020 196.204 (5) (ag) In this subsection:
SB272,4,2521 1. "Local government telecommunications utility" means a municipality or
22county that owns, operates, manages, or controls any plant or equipment, or that
23wholly owns, operates, manages, or controls any entity that owns, operates,
24manages, or controls any plant or equipment, used to furnish telecommunications
25services within the state directly or indirectly to the public.
SB272,5,3
12. "Nongovernmental telecommunications utility" means a
2telecommunications utility that is not a local government telecommunications
3utility.
SB272, s. 6 4Section 6. 196.204 (5) (b) of the statutes is amended to read:
SB272,5,135 196.204 (5) (b) Unless ordered by the commission, par. (a) (ar) does not apply
6to basic local exchange service or to business access line and usage service within a
7local calling area offered by a nongovernmental telecommunications utility with
8150,000 or less access lines in use in this state. If par. (a) (ar) does not apply, the
9nongovernmental telecommunications utility may not reduce its rates for basic local
10exchange service below the monthly rate under s. 196.215 (7) or total service
11long-run incremental cost, whichever is lower, and may not reduce its rates for
12business access line and usage service within a local calling area below total service
13long-run incremental cost.
SB272, s. 7 14Section 7. Initial applicability.
SB272,5,1615 (1) The treatment of section 66.0419 (3m) of the statutes first applies to costs
16incurred on the effective date of this subsection.
SB272,5,1917 (2) The treatment of section 196.204 (5) (a), (ag), and (b) of the statutes first
18applies to services, groups of services, or basic network functions offered or used on
19the effective date of this subsection.
SB272, s. 8 20Section 8. Effective date.
SB272,5,2221 (1) This act takes effect on the first day of the 3rd month beginning after
22publication.
SB272,5,2323 (End)
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