AB207-engrossed,12,54 2. A description of the area or areas of the state in which the applicant intends
5to provide video service.
AB207-engrossed,12,76 3. The date on which the applicant intends to begin providing video service in
7the video franchise area.
AB207-engrossed,12,98 4. An affidavit signed by an officer or general partner of the applicant that
9affirms all of the following:
AB207-engrossed,12,1110 a. That the applicant has filed or will timely file with the FCC all forms required
11by the FCC in advance of offering video service.
AB207-engrossed,12,1312 b. That the applicant agrees to comply with this section and all applicable
13federal statutes and regulations.
AB207-engrossed,12,1514 c. That the applicant is legally, financially, and technically qualified to provide
15video service.
AB207-engrossed,12,1616 5. A description of the services that the applicant proposes to provide.
AB207-engrossed,12,1817 6. An application fee of $2,000, or, if the applicant is applying for a modified
18video service franchise as required under par. (j), an application fee of $100.
AB207-engrossed,12,2319 (e) Service upon municipalities. 1. At the time that an applicant submits an
20application under par. (d), or a video service provider submits a notification
21regarding a modification to an application under par. (j), to the department, the
22applicant or video service provider shall serve a copy of the application or notification
23on each municipality in the video franchise area.
AB207-engrossed,13,424 2. a. This subdivision applies only to a municipality that, under subd. 1., is
25served a copy of an application or that, under subd. 1., is served a copy of a

1notification relating to an expansion of the area or areas of the state in which a video
2service provider intends to provide video service, if the municipality has not
3previously been served a copy of an application under subd. 1. by that video service
4provider.
AB207-engrossed,13,135 b. If a municipality specified in subd. 2. a. has granted any cable franchise that
6is in effect immediately before the effective date of this subdivision .... [revisor inserts
7date], the municipality shall, no later than 10 business days after receipt of the copy,
8notify the applicant in writing of the number of PEG channels for which incumbent
9cable operators are required to provide channel capacity in the municipality, the
10amount and type of monetary support for access facilities for PEG channels required
11of incumbent cable operators as described in sub. (7) (em), and the percentage of
12revenues that incumbent cable operators are required to pay the municipality as
13franchise fees.
AB207-engrossed,13,1714 (f) Department duties. 1. No later than 15 business days after the filing of an
15application, the department shall notify the applicant in writing as to whether the
16application is complete and, if the department has determined that the application
17is not complete, the department shall state the reasons for the determination.
AB207-engrossed,14,318 2. No later than 15 business days after the filing of an application that the
19department has determined is complete, the department shall determine whether
20an applicant is legally, financially, and technically qualified to provide video service.
21If the department determines that an applicant is legally, financially, and technically
22qualified to provide video service, the department shall issue a video service
23franchise to the applicant. If the department determines that an applicant is not
24legally, financially, and technically qualified to provide video service, the department
25shall reject the application and shall state the reasons for the determination. If the

1department fails to make the determination, the department shall be considered to
2have issued a video service franchise to the applicant, unless the applicant
3withdraws the application or agrees with the department to an extension of time.
AB207-engrossed,14,74 3. Notwithstanding subd. 2., if an applicant is a large telecommunications
5video service provider or qualified cable operator, the department shall determine
6that the applicant is legally, financially, and technically qualified to provide video
7service.
AB207-engrossed,14,118 4. The department shall promulgate rules for determining whether an
9applicant that is not a large telecommunications video service provider or qualified
10cable operator is legally, financially, and technically qualified to provide video
11service.
AB207-engrossed,14,1512 (g) Effect of video service franchise. A video service franchise issued by the
13department authorizes a video service provider to occupy the public rights-of-way
14and to construct, operate, maintain, and repair a video service network to provide
15video service in the video franchise area.
AB207-engrossed,14,1816 (h) Notice before providing service. No later than 10 business days before
17providing video service in a municipality in a video franchise area, a video service
18provider shall provide notice to the department and the municipality.
AB207-engrossed,14,2419 (i) Expiration and revocation of video service franchise. 1. Except as provided
20in subd. 2., a video service franchise issued to a video service provider does not expire,
21unless the video service provider gives 30 days' advance notice to the department
22that the video service provider intends to terminate the video service franchise. If
23a video service provider gives such notice, the video service franchise shall expire on
24the termination date stated in the notice.
AB207-engrossed,15,16
12. The department may revoke a video service franchise issued to a video
2service provider if the department determines that the video service provider has
3repeatedly failed to substantially meet a material requirement imposed upon it by
4this section and the department has not otherwise acquiesced in such noncompliance
5through a waiver. Before commencing a revocation proceeding, the department shall
6provide the video service provider written notice of the department's intention to
7revoke the franchise and the department's reasons for the revocation and afford the
8video service provider a reasonable opportunity to cure any alleged violation. The
9department must, before revoking any video service franchise, afford a video service
10provider full due process that, at a minimum, must include a proceeding before a
11hearing officer during which the video service provider must be afforded the
12opportunity for full participation, including the right to be represented by counsel,
13to introduce evidence, to require the production of evidence, and to question or
14cross-examine witnesses under oath. A transcript shall be made of any such
15hearing. A video service provider may bring an action to appeal the decision of the
16department.
AB207-engrossed,16,217 (j) Modifications. If there is any change in the information included in an
18application filed by a video service provider under this subsection, the video service
19provider shall notify the department and update the information within 10 business
20days after the change, except that if the video service provider determines to expand
21the area or areas of the state in which the video service provider intends to provide
22video service, the video service provider shall apply to the department for a modified
23video service franchise under par. (d). A video service provider that makes a
24notification regarding a change in the information specified in par. (d) 3., 4., or 5.,

1shall include with the notification a fee of $100. No fee is required for a notification
2regarding a change in the information specified in par. (d) 1.
AB207-engrossed,16,10 3(4) Franchising authority. For purposes of 47 USC 521 to 573, the state is the
4exclusive franchising authority for video service providers in this state.
5Notwithstanding s. 66.0425 and except as provided in s. 182.017, no municipality
6may require a video service provider to obtain a franchise to provide video service or
7impose on a video service provider any fee or requirement relating to the construction
8of a video service network or the provision of video service, including any
9requirement to deploy facilities or equipment or any requirement regarding rates for
10video service, except as specifically authorized under this section.
AB207-engrossed,16,18 11(5) PEG channels. (a) Maximum number of PEG channels. 1. If an incumbent
12cable operator is providing channel capacity for PEG channels to a municipality
13under a cable franchise in effect immediately before the effective date of this
14subdivision .... [revisor inserts date], the municipality shall require each interim
15cable operator or video service provider that provides video service in the
16municipality to provide channel capacity for the same number of PEG channels for
17which channel capacity is provided immediately before the effective date of this
18subdivision .... [revisor inserts date].
AB207-engrossed,17,319 2. a. Except as provided in subd. 2. b. and c., if no incumbent cable operator is
20providing channel capacity for PEG channels to a municipality under a cable
21franchise that is in effect immediately before the effective date of this subd. 2. a. ....
22[revisor inserts date], then, if the municipality has a population of 50,000 or more,
23the municipality may require each interim cable operator and video service provider
24that provides video service in the municipality to provide channel capacity for up to
253 PEG channels, and, if the municipality has a population of less than 50,000, the

1municipality may require each interim cable operator and video service provider that
2provides video service in the municipality to provide channel capacity for no more
3than 2 PEG channels.
AB207-engrossed,17,94 b. If an interim cable operator or video service provider distributes video
5programming to more than one municipality through a single headend or video hub
6office and the aggregate population of the municipalities is 50,000 or more, the
7municipalities may not require the interim cable operator or video service provider
8to provide, in the aggregate, channel capacity for more than 3 PEG channels under
9subd. 2. a.
AB207-engrossed,17,1510 c. If an interim cable operator or video service provider distributes video
11programming to more than one municipality through a single headend or video hub
12office and the aggregate population of the municipalities is less than 50,000, the
13municipalities may not require the interim cable operator or video service provider
14to provide, in the aggregate, channel capacity for more than 2 PEG channels under
15subd. 2. a.
AB207-engrossed,17,1916 3. An interim cable operator or video service provider shall provide any channel
17capacity for PEG channels required under this paragraph on any service tier that is
18viewed by more than 50 percent of the interim cable operator's or video service
19provider's customers.
AB207-engrossed,18,320 4. If a municipality is not required to provide notice to a video service provider
21under sub. (3) (e) 2., the video service provider's duty to provide any additional
22channel capacity for PEG channels that is required by the municipality under this
23paragraph first applies on the date that the video service provider begins to provide
24service in the municipality, and, if the municipality is required to provide notice
25under sub. (3) (e) 2., the video service provider's duty to provide any such additional

1channel capacity first applies on the date that the video service provider begins to
2provide video service in the municipality or on the 90th day after the video service
3provider receives the municipality's notice, whichever is later.
AB207-engrossed,18,134 (b) Exceptions. 1. a. Notwithstanding par. (a), an interim cable operator or
5video service provider may reprogram for any other purpose any channel capacity
6provided for a PEG channel required by a municipality under par. (a) if the PEG
7channel is not substantially utilized by the municipality. If the municipality certifies
8to the interim cable operator or video service provider that reprogrammed channel
9capacity for a PEG channel will be substantially utilized by the municipality, the
10interim cable operator or video service provider shall, no later than 120 days after
11receipt of the certification, restore the channel capacity for the PEG channel.
12Notwithstanding par. (a) 3., an interim cable operator or video service provider may
13provide restored channel capacity for a PEG channel on any service tier.
AB207-engrossed,18,1714 b. For purposes of this subdivision, a PEG channel is substantially utilized by
15a municipality if the municipality provides 40 hours or more of programming on the
16PEG channel each week and at least 60 percent of that programming is locally
17produced.
AB207-engrossed,18,2318 2. Notwithstanding par. (a), if a municipality fails to provide the notice
19specified in sub. (3) (e) 2. before the deadline specified in sub. (3) (e) 2., no interim
20cable operator or video service provider is required to provide channel capacity for
21any PEG channel, or monetary support for access facilities for PEG channels
22pursuant to sub. (7) (em), until the 90th day after the municipality provides such
23notice.
AB207-engrossed,19,324 (c) Powers and duties of municipalities. 1. Except as otherwise required under
25pars. (a) and (d) and sub. (7) (em), a municipality may not require an interim cable

1operator or video service provider to provide any funds, services, programming,
2facilities, or equipment related to public, educational, or governmental use of
3channel capacity.
AB207-engrossed,19,94 2. The operation of any PEG channel for which a municipality requires an
5interim cable operator or video service provider to provide channel capacity under
6par. (a), and the production of any programming appearing on such a PEG channel,
7shall be the sole responsibility of the municipality and, except as provided in par. (d)
81., the interim cable operator or video service provider shall bear only the
9responsibility to transmit programming appearing on the PEG channel.
AB207-engrossed,19,1210 3. A municipality that requires an interim cable operator or video service
11provider to provide channel capacity for a PEG channel under par. (a) shall do all of
12the following:
AB207-engrossed,19,2013 a. Ensure that all content and programming that the municipality provides or
14arranges to provide for transmission on the PEG channel is submitted to the interim
15cable operator or video service provider in a manner and form that is capable of being
16accepted and transmitted by the interim cable operator or video service provider over
17its video service network without changing the content or transmission signal and
18that is compatible with the technology or protocol, including Internet protocol
19television, utilized by the interim cable operator or video service provider to deliver
20video service.
AB207-engrossed,19,2421 b. Make the content and programming that the municipality provides or
22arranges to provide for transmission on a PEG channel available in a
23nondiscriminatory manner to all interim cable operators and video service providers
24that provide video service in the municipality.
AB207-engrossed,20,20
1(d) Duties of interim cable providers and video service providers. 1. If a
2municipality requires an interim cable operator or video service provider to provide
3capacity for PEG channels under par. (a), the interim cable operator or video service
4provider shall be required to provide transmission capacity sufficient to connect the
5interim cable operator's or video service provider's headend or video hub office to the
6municipality's PEG access channel origination points existing as of the effective date
7of this subdivision .... [revisor inserts date]. A municipality shall permit the interim
8cable operator or video service provider to determine the most economically and
9technologically efficient means of providing such transmission capacity. If a
10municipality requests that such a PEG access channel origination point be relocated,
11the interim cable operator or video service provider shall be required to provide only
12the first 200 feet of transmission line that is necessary to connect the interim cable
13operator or video service provider's headend or video hub office to such origination
14point. A municipality shall be liable for the costs of construction of such a
15transmission line beyond the first 200 feet and for any construction costs associated
16with additional origination points, but not for the costs associated with the
17transmission of PEG programming over such line. The interim cable operator or
18video service provider may recover its costs to provide transmission capacity under
19this subdivision by identifying and collecting a "PEG Transport Fee" as a separate
20line item on customer bills.
AB207-engrossed,21,521 2. If the interconnection of the video service networks of interim cable operators
22or video service providers is technically necessary and feasible for the transmission
23of programming for any PEG channel for which channel capacity is required by a
24municipality under par. (a), the interim cable operators and video service providers
25shall negotiate in good faith for interconnection on mutually acceptable rates, terms,

1and conditions, except that an interim cable operator or video service provider who
2requests interconnection is responsible for interconnection costs, including the cost
3of transmitting programming from its origination point to the interconnection point.
4Interconnection may be accomplished by direct cable, microwave link, satellite, or
5any other reasonable method.
AB207-engrossed,21,10 6(6) Institutional networks. Notwithstanding any franchise, ordinance, or
7resolution in effect on the effective date of this subsection .... [revisor inserts date],
8no state agency or municipality may require an interim cable operator or video
9service provider to provide any institutional network or equivalent capacity on its
10video service network.
AB207-engrossed,21,25 11(7) Video service provider fee. (a) Duty to pay fee. 1. Notwithstanding s.
1266.0611 and except as provided in subds. 2. and 2m., a video service provider shall,
13on a quarterly calendar basis, calculate and pay to each municipality in which the
14video service provider provides video service a video service provider fee equal to the
15percentage of the video service provider's gross receipts that is specified in par. (b)
16and the monetary support for access facilities for PEG channels described in par.
17(em). A video service provider shall remit the fee to the municipality no later than
1845 days after the end of each quarter. Except as provided in subd. 2. or par. (b) 1.,
19if the municipality is not required to provide notice under sub. (3) (e) 2., the duty to
20remit the fee first applies to the quarter in which the video service provider begins
21to provide service in the municipality, and, if the municipality is required to provide
22notice under sub. (3) (e) 2., the duty to remit the fee first applies to the quarter in
23which the video service provider begins to provide service in the municipality or to
24the quarter that includes the 45th day after the video service provider receives the
25municipality's notice, whichever quarter is later.
AB207-engrossed,22,5
12. If a municipality fails to provide the notice specified in sub. (3) (e) 2. before
2the deadline specified in sub. (3) (e) 2., no video service provider is required to pay
3a video service provider fee, and no interim cable operator is required to pay a
4franchise fee, to the municipality until the 45th day after the end of the quarter in
5which the municipality provides the notice specified in sub. (3) (e) 2.
AB207-engrossed,22,96 2m. If a municipality requires a video service provider to pay a cost-based
7permit fee under a regulation under s. 182.017 (1r), the video service provider may
8deduct the amount of the fee from any other compensation that is due to the
9municipality including the video service provider fee under subd. 1.
AB207-engrossed,22,1210 (b) Amount of fee. The percentage applied to a video service provider's gross
11receipts under par. (a) 1. for each municipality shall be 5 percent or one of the
12following percentages, whichever is less:
AB207-engrossed,22,1913 1. If no incumbent cable operator was required to pay a franchise fee equal to
14a percentage of gross revenues to the municipality immediately before the effective
15date of this subdivision .... [revisor inserts date], the municipality may specify a
16percentage of no more than 5 percent. The duty of a video service provider to pay the
17municipality a video service fee equal to such percentage shall first apply to the
18quarter that includes the 45th day after the municipality provides notice of the
19percentage to the video service provider.
AB207-engrossed,22,2220 2. If an incumbent cable operator was required to pay a franchise fee equal to
21a percentage of gross revenues to the municipality immediately before the effective
22date of this subdivision .... [revisor inserts date], that percentage.
AB207-engrossed,23,223 3. If more than one incumbent cable operator was required to pay a franchise
24fee equal to a percentage of gross revenues to the municipality immediately before

1the effective date of this subdivision .... [revisor inserts date], the lowest such
2percentage.
AB207-engrossed,23,53 (c) Generally accepted accounting principles. All determinations and
4computations made under this subsection shall be made pursuant to generally
5accepted accounting principles.
AB207-engrossed,23,106 (d) Record review. A municipality may, upon reasonable written request but
7no more than once in any 3-year period, for the purpose of ensuring proper and
8accurate payment of a video service provider fee, review the business records of a
9video service provider that is required to pay the municipality a video service
10provider fee.
AB207-engrossed,23,1611 (e) Actions to enforce payment. 1. A municipality or a video service provider
12may not bring an action concerning the amount of a video service provider fee
13allegedly due to the municipality unless the parties have first participated in and
14completed good faith settlement discussions. For purposes of any future litigation,
15all negotiations pursuant to this paragraph shall be treated as compromise
16negotiations under s. 904.08.
AB207-engrossed,23,2217 2. An action regarding a dispute over the amount of a video service provider fee
18paid or allegedly due under this subsection shall be commenced within 4 years
19following the end of the calendar quarter to which the disputed amount relates or be
20barred, unless the parties agree in writing to an extension of time. Notwithstanding
21ss. 814.01, 814.02, 814.03, and 814.035, no costs may be allowed in the action to
22either party.
AB207-engrossed,24,423 (em) PEG channel monetary support. 1. This subdivision applies to an
24incumbent cable operator whose cable franchise is terminated under sub. (3) (b) 2.
25b. The obligation that is actually imposed by a municipality prior to April 18, 2007,

1on such an incumbent cable operator to provide monetary support for access facilities
2for PEG channels and that is contained in a cable franchise existing on the effective
3date of this subdivision .... [revisor inserts date], shall continue until the earlier of
4the following:
AB207-engrossed,24,65 a. The first day of the 36th month beginning after the effective date of this subd.
61. a. .... [revisor inserts date].
AB207-engrossed,24,87 b. The date on which the cable franchise would have expired if the cable
8franchise had not terminated under sub. (3) (b) 2. b.
AB207-engrossed,24,129 2. The duty of an interim cable operator to provide monetary support for access
10facilities for PEG channels that is contained in a cable franchise existing on the
11effective date of this subdivision .... [revisor inserts date], shall continue until the
12cable franchise expires.
AB207-engrossed,24,2513 3. Each video service provider providing video service in a municipality shall
14have the same obligation to provide monetary support for access facilities for PEG
15channels as the incumbent cable operator with the most subscribers in the
16municipality as of the effective date of this subdivision .... [revisor inserts date]. To
17the extent that such incumbent cable operator provides such support in the form of
18a percentage of gross revenues or a per subscriber fee, any other video service
19provider shall pay the same percentage of gross revenues or per subscriber fee to the
20municipality as the incumbent cable operator. To the extent that such incumbent
21cable operator provides such support in the form of a lump sum payment without an
22offset to its franchise fee or video service provider fee, any other video service
23provider that commences service in the municipality shall pay the municipality a
24sum equal to the pro rata amount of such lump sum payment based on its proportion
25of video service customers in such municipality.
AB207-engrossed,25,4
14. For purposes of this paragraph, the proportion of video service customers of
2a video service provider shall be determined based on the relative number of
3subscribers as of the end of the prior calendar year as reported by all incumbent cable
4operators and holders of video service authorizations.
AB207-engrossed,25,85 (f) Itemization. A video service provider may identify and collect the amount
6related to a video service provider fee and any fee imposed for monetary support for
7access facilities for PEG channels as described in par. (em) as a separate line item
8on customer bills.
AB207-engrossed,25,149 (g) Invalidity of other fees. If a video service provider pays video service
10provider fees to a municipality as required under this subsection, the municipality
11may not require the video service provider to pay any compensation under s. 66.0425,
12or, except as provided in a regulation under s. 182.017 (1r), any permit fee,
13encroachment fee, degradation fee, or any other fee, for the occupation of or work
14within public rights-of-way.
AB207-engrossed,25,16 15(8) Discrimination; access to services. (ag) Definition. In this subsection,
16"department" means the department of agriculture, trade and consumer protection.
AB207-engrossed,25,2017 (am) Discrimination prohibited. 1. No video service provider may deny access
18to video service to any group of potential residential customers in the video service
19provider's video franchise area because of the race or income of the residents in the
20local area in which the group resides.
AB207-engrossed,25,2221 2. It is a defense to an alleged violation of subd. 1. based on income if the video
22service provider has met either of the following conditions:
AB207-engrossed,25,2523 a. No later than 3 years after the date on which the video service provider began
24providing video service under this section, at least 25 percent of households with
25access to the video service provider's video service are low-income households.
AB207-engrossed,26,3
1b. No later than 5 years after the date on which the video service provider began
2providing video service under this section, at least 30 percent of the households with
3access to the video service provider's video service are low-income households.
AB207-engrossed,26,64 (b) Access. 1. A large telecommunications video service provider shall provide
5access to its video service to the following percentages of households within the large
6telecommunications video service provider's basic local exchange service area:
AB207-engrossed,26,97 a. Not less than 35 percent no later than 3 years after the date on which the
8large telecommunications video service provider began providing video service
9under this section.
AB207-engrossed,26,1410 b. Not less than 50 percent no later than 5 years after the date on which the
11large telecommunications video service provider began providing video service
12under this section, or no later than 2 years after at least 30 percent of households
13with access to the large telecommunications video service provider's video service
14subscribe to the service for 6 consecutive months, whichever occurs later.
AB207-engrossed,26,1715 2. A large telecommunications video service provider shall file an annual report
16with the department regarding the large telecommunications video service
17provider's progress in complying with subd. 1.
AB207-engrossed,26,2418 (c) Extensions and waivers. A video service provider may apply to the
19department for an extension of any time limit specified in par. (am) 2. or (b) or a
20waiver of a requirement to comply with par. (b). The department shall grant the
21extension or waiver if the video service provider demonstrates to the satisfaction of
22the department that the video service provider has made substantial and continuous
23efforts to comply with the requirements of this subsection and that the extension or
24waiver is necessary due to one or more of the following factors:
AB207-engrossed,27,2
11. The video service provider's inability to obtain access to public and private
2rights-of-way under reasonable terms and conditions.
AB207-engrossed,27,43 2. Developments and buildings that are not subject to competition because of
4exclusive service arrangements.
AB207-engrossed,27,65 3. Developments and buildings that are not accessible using reasonable
6technical solutions under commercially reasonable terms and conditions.
AB207-engrossed,27,77 4. Natural disasters.
AB207-engrossed,27,88 5. Other factors beyond the control of the video service provider.
AB207-engrossed,27,119 (d) Alternative technologies. A video service provider may satisfy the
10requirements of this subsection through the use of an alternative technology, other
11than satellite service, that does all of the following:
AB207-engrossed,27,1412 1. Offers service, functionality, and content demonstrably similar to the
13service, functionality, and content provided through the video service provider's
14video service network.
AB207-engrossed,27,1615 2. Provides access to PEG channels and messages broadcast over the
16emergency alert system.
AB207-engrossed,27,2217 (e) Limitations. Notwithstanding any other provision of this section, a
18telecommunications video service provider is not required to provide video service
19outside the provider's basic local exchange service area, and a video service provider
20that is an incumbent cable operator is not required to provide video service outside
21the area in which the incumbent cable operator provided cable service at the time the
22department issued a video service franchise to the incumbent cable operator.
AB207-engrossed,28,3 23(9) Customer service standards. (a) Except as provided in par. (b), upon 90
24days' advance notice, a municipality may require a video service provider to comply
25with the customer service standards specified in 47 CFR 76.309 (c) in its provision

1of video service. Neither the department nor any municipality shall have the
2authority to impose additional or different customer service standards that are
3specific to the provision of video service.
AB207-engrossed,28,104 (b) Except as provided in s. 100.209, no video service provider that provides
5video service in a municipality may be subject to any customer service standards if
6there is at least one other person offering cable or video service in the municipality
7or if the video service provider is subject to effective competition, as determined
8under 47 CFR 76.905, in the municipality. This paragraph does not apply to any
9customer service standards promulgated by rule by the department of agriculture,
10trade and consumer protection.
AB207-engrossed,28,12 11(9m) Local broadcast stations. (a) In this subsection, a "noncable video
12service provider" means a video service provider that is not a cable operator.
AB207-engrossed,28,1813 (b) If a local broadcast station is authorized to exercise against a cable operator
14the right to require mandatory carriage under 47 USC 534, or the right to grant or
15withhold retransmission consent under 47 USC 325 (b), the local broadcast station
16may exercise the same right against a noncable video service provider to the same
17extent as the local broadcast station may exercise such right against a cable operator
18under federal law.
AB207-engrossed,28,2219 (c) A noncable video service provider shall transmit, without degradation, the
20signals that a local broadcast station delivers to the noncable video service provider,
21but is not required to utilize the same or similar reception technology as the local
22broadcast station or the programming providers of the local broadcast station.
AB207-engrossed,28,2323 (d) A noncable video service provider may not do any of the following:
AB207-engrossed,29,3
11. Discriminate among or between local broadcast stations, or programming
2providers of local broadcast stations, with respect to the transmission of their
3signals.
AB207-engrossed,29,54 2. Delete, change, or alter a copyright identification transmitted as part of a
5local broadcast station's signal.
AB207-engrossed,29,14 6(10) Limitation on rate regulation. The department or a municipality may not
7regulate the rates charged for any video service by an interim cable operator or video
8service provider that provides video service in a municipality if at least one other
9interim cable operator or video service provider is providing video service in the
10municipality and the other interim cable operator or video service provider is not an
11affiliate of the interim cable operator or video service provider. This subsection
12applies regardless of whether any affected interim cable operator or video service
13provider has sought a determination from the FCC regarding effective competition
14under 47 CFR 76.905.
AB207-engrossed,29,22 15(11) Transfer of video service franchise. A person who is issued a video
16service franchise may transfer the video service franchise to any
17successor-in-interest, including a successor-in-interest that arises through
18merger, sale, assignment, restructuring, change of control, or any other transaction.
19No later than 15 days after the transfer is complete, the successor-in-interest shall
20apply for a video service franchise under sub. (3) (d) and comply with sub. (3) (e) 1.
21The successor-in-interest may provide video service in the video franchise area
22during the period that the department reviews the application.
AB207-engrossed,30,2 23(13) Rule-making; enforcement. (a) Notwithstanding s. 227.11 and except as
24provided in sub. (3) (f) 4., the department of financial institutions may not
25promulgate rules interpreting or establishing procedures for this section and the

1department of agriculture, trade and consumer protection may not promulgate rules
2interpreting or establishing procedures for sub. (8).
AB207-engrossed,30,93 (b) Except as provided in sub. (7) (e), a municipality, interim cable operator, or
4video service provider that is affected by a failure to comply with this section may
5bring an action to enforce this section. If a court finds that a municipality, interim
6cable operator, or video service provider has not complied with this section, the court
7shall order the municipality, interim cable operator, or video service provider to
8comply with this section. Notwithstanding ss. 814.01, 814.02, 814.03, and 814.035,
9no costs may be allowed in an action under this paragraph to any party.
AB207-engrossed,30,1410 (c) The department shall enforce this section, except sub. (8). The department
11may bring an action to recover any fees that are due and owing under this section or
12to enjoin a violation of this section, except sub. (8), or any rule promulgated under
13sub. (3) (f) 4. An action shall be commenced under this paragraph within 3 years after
14the occurrence of the unlawful act or practice or be barred.
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