LRB-2728/1
MDK:cjs:...
2007 - 2008 LEGISLATURE
May 14, 2007 - Printed by direction of Senate Chief Clerk.
AB207-engrossed,2,5
1An Act to repeal 60.23 (24), 66.0419 (title), (1), (2) and (3), 66.0419 (4) and (5),
266.0421 (1) (a), 66.0421 (1) (b), 66.0422 (1) (a), 100.209 (1) (a) and (b), 196.04 (4)
3(a) 1. and 196.204 (7);
to renumber 196.04 (4) (a) 2. a. to e.;
to renumber and
4amend 66.0419 (3m), 134.43 (1), 182.017 (1) and 943.46 (1) (a);
to consolidate,
5renumber and amend 196.04 (4) (a) (intro.) and 2. (intro.);
to amend 11.01
6(17g), 20.395 (3) (jh), 25.40 (1) (a) 4m., 66.0421 (title), 66.0421 (2), 66.0421 (3),
766.0421 (4), 66.0422 (title), 66.0422 (2) (intro.), 66.0422 (3) (b), 66.0422 (3n),
870.111 (25), 76.80 (3), 77.52 (2) (a) 12., 100.195 (1) (c) 2., 100.209 (title), 100.209
9(2), 100.209 (3), 134.43 (2) (a), 134.43 (2m) (a), 182.017 (3), 182.017 (5), 182.017
10(6), 196.01 (1g), 196.01 (9m), 196.04 (4) (b), 196.195 (5), 196.203 (1m), 196.203
11(3) (b) (intro.), 196.203 (3) (b) 2., 196.203 (3) (c), 196.203 (3) (d), 196.203 (3) (e)
121. (intro.), 196.50 (1) (b) 2. e., 196.50 (1) (c), 196.85 (1m) (b), 943.46 (title), 943.46
13(2) (a), 943.46 (2) (b), 943.46 (2) (c), 943.46 (2) (d), 943.46 (2) (e), 943.46 (2) (f),
14943.46 (2) (g) and 943.46 (5);
to repeal and recreate 100.195 (1) (h) 1. and
1196.01 (1p); and
to create 66.0420, 66.0421 (1) (c), 66.0421 (1) (d), 66.0422 (1)
2(d), 100.209 (1) (c) and (d), 134.43 (1g), 134.43 (1m) (e), 182.017 (1g), 182.017
3(8), 182.017 (9), 196.01 (12g), 196.01 (12r), 196.85 (1m) (d), 943.46 (1) (d) and
4943.46 (1) (e) of the statutes;
relating to: regulation of cable television and
5video service providers and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Engrossment information:
The text of Engrossed 2007 Assembly Bill 207, as passed by the assembly on
May 9, 2007, consists of the following documents adopted in the assembly on April
24, 2007: Assembly Substitute Amendment 1 as affected by Assembly Amendments
1, 2, 5, 8, 9, 20, and 28.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB207-engrossed,2,117
11.01
(17g) "Public access channel" means a
PEG channel
that is required
8under a franchise granted under s. 66.0419 (3) (b) by a city, village, or town to a cable
9operator, as defined in s. 66.0419 (2) (b), and, as defined in s. 66.0420 (2) (s), that is
10used for public access purposes, but does not include a
PEG channel that is used for
11governmental or educational purposes.
AB207-engrossed,2,1813
20.395
(3) (jh)
Utility facilities within highway rights-of-way, state funds. 14From the general fund, all moneys received from telecommunications providers, as
15defined in s. 196.01 (8p), or cable
television telecommunications service providers,
16as defined in s. 196.01 (1r), for activities related to locating, accommodating,
17operating, or maintaining utility facilities within highway rights-of-way, for such
18purposes.
AB207-engrossed,3,42
25.40
(1) (a) 4m. Moneys received from telecommunications providers or cable
3television telecommunications service providers that are deposited in the general
4fund and credited to the appropriation account under s. 20.395 (3) (jh).
AB207-engrossed, s. 6
7Section
6. 66.0419 (3m) of the statutes is renumbered 66.0420 (12), and
866.0420 (12) (title), (a) and (b) 2., as renumbered, are amended to read:
AB207-engrossed,3,139
66.0420
(12) (title)
Municipal cable
television system costs. (a) Except for
10costs for any of the following, a municipality that owns and operates a cable
television 11system, or an entity owned or operated, in whole or in part, by such a municipality,
12may not require nonsubscribers of the cable
television system to pay any of the costs
13of the cable
television system:
AB207-engrossed,3,1414
1.
Public, educational, and governmental access
PEG channels.
AB207-engrossed,3,1615
2. Debt service on bonds issued under s. 66.0619 to finance the construction,
16renovation, or expansion of a cable
television system.
AB207-engrossed,3,1817
3. The provision of broadband service by the cable
television system, if the
18requirements of s. 66.0422 (3d) (a), (b), or (c) are satisfied.
AB207-engrossed,3,2319
(b) 2. A majority of the governing board of the municipality votes to submit the
20question of supporting the operation of a cable
television system by the municipality
21to the electors in an advisory referendum and a majority of the voters in the
22municipality voting at the advisory referendum vote to support the operation of a
23cable
television system by the municipality.
AB207-engrossed,4,2
166.0420 Video service. (1) Legislative findings. The legislature finds all
2of the following:
AB207-engrossed,4,43
(a) Video service brings important daily benefits to state residents by providing
4news, education, and entertainment.
AB207-engrossed,4,75
(b) Uniform regulation of all video service providers by this state is necessary
6to ensure that state residents receive adequate and efficient video service and to
7protect and promote the public health, safety, and welfare.
AB207-engrossed,4,108
(c) Fair competition in the provision of video service will result in new and more
9video programming choices for consumers in this state, and a number of providers
10have stated their desire to provide that service.
AB207-engrossed,4,1211
(d) Timely entry into the market is critical for new entrants seeking to compete
12with existing providers.
AB207-engrossed,4,1513
(e) This state's economy would be enhanced by additional investment in
14communications and video programming infrastructure by existing and new
15providers of video service.
AB207-engrossed,4,1716
(f) Minimal regulation of all providers of video service within a uniform
17framework will promote the investment described in par. (e).
AB207-engrossed,4,2018
(g) Ensuring that existing providers of video service are subject to the same
19regulatory requirements and procedures as new entrants will ensure fair
20competition among all providers.
AB207-engrossed,4,2521
(h) This section is an enactment of statewide concern for the purpose of
22providing uniform regulation of video service that promotes investment in
23communications and video infrastructures and the continued development of this
24state's video service marketplace within a framework that is fair and equitable to all
25providers.
AB207-engrossed,5,1
1(2) Definitions. In this section:
AB207-engrossed,5,42
(a) "Affiliate", when used in relation to any person, means another person who
3owns or controls, is owned or controlled by, or is under common ownership or control
4with such person.
AB207-engrossed,5,75
(b) "Basic local exchange service area" means the area on file with the public
6service commission in which a telecommunications video service provider provides
7basic local exchange service, as defined in s. 196.01 (1g).
AB207-engrossed,5,98
(c) "Cable franchise" means a franchise granted under s. 66.0419 (3) (b), 2005
9stats.
AB207-engrossed,5,1010
(d) "Cable operator" has the meaning given in
47 USC 522 (5).
AB207-engrossed,5,1111
(e) "Cable service" has the meaning given in
47 USC 522 (6).
AB207-engrossed,5,1212
(f) "Cable system" has the meaning given in
47 USC 522 (7).
AB207-engrossed,5,1413
(g) Except as provided in sub. (8) (ag), "department" means the department of
14financial institutions.
AB207-engrossed,5,1515
(h) "FCC" means the federal communications commission.
AB207-engrossed,5,1716
(i) "Franchise fee" has the meaning given in
47 USC 542 (g), and includes any
17compensation required under s. 66.0425.
AB207-engrossed,5,2018
(j) 1. "Gross receipts" means all revenues received by and paid to a video service
19provider by subscribers residing within a municipality for video service, or received
20from advertisers, including all of the following:
AB207-engrossed,5,2121
a. Recurring charges for video service.
AB207-engrossed,5,2322
b. Event-based charges for video service, including pay-per-view and
23video-on-demand charges.
AB207-engrossed,5,2424
c. Rental of set top boxes and other video service equipment.
