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.
AB207-engrossed, s. 9 15Section 9. 66.0421 (title) of the statutes is amended to read:
AB207-engrossed,30,16 1666.0421 (title) Access to cable video service.
AB207-engrossed, s. 10 17Section 10. 66.0421 (1) (a) of the statutes is repealed.
AB207-engrossed, s. 11 18Section 11. 66.0421 (1) (b) of the statutes is repealed.
AB207-engrossed, s. 12 19Section 12. 66.0421 (1) (c) of the statutes is created to read:
AB207-engrossed,30,2020 66.0421 (1) (c) "Video service" has the meaning given in s. 66.0420 (2) (y).
AB207-engrossed, s. 13 21Section 13. 66.0421 (1) (d) of the statutes is created to read:
AB207-engrossed,30,2322 66.0421 (1) (d) "Video service provider" has the meaning given in s. 66.0420 (2)
23(zg), and also includes an interim cable operator, as defined in s. 66.0420 (2) (n).
AB207-engrossed, s. 14 24Section 14. 66.0421 (2) of the statutes is amended to read:
AB207-engrossed,31,8
166.0421 (2) Interference prohibited. The owner or manager of a multiunit
2dwelling under common ownership, control or management or of a mobile home park
3or the association or board of directors of a condominium may not prevent a cable
4operator
video service provider from providing cable video service to a subscriber who
5is a resident of the multiunit dwelling, mobile home park or of the condominium or
6interfere with a cable operator video service provider providing cable video service
7to a subscriber who is a resident of the multiunit dwelling, mobile home park or of
8the condominium.
AB207-engrossed, s. 15 9Section 15. 66.0421 (3) of the statutes is amended to read:
AB207-engrossed,31,1910 66.0421 (3) Installation in multiunit building. Before installation, a cable
11operator
video service provider shall consult with the owner or manager of a
12multiunit dwelling or with the association or board of directors of a condominium to
13establish the points of attachment to the building and the methods of wiring. A cable
14operator
video service provider shall install facilities to provide cable video service
15in a safe and orderly manner and in a manner designed to minimize adverse effects
16to the aesthetics of the multiunit dwelling or condominium. Facilities installed to
17provide cable video service may not impair public safety, damage fire protection
18systems or impair fire-resistive construction or components of a multiunit dwelling
19or condominium.
AB207-engrossed, s. 16 20Section 16. 66.0421 (4) of the statutes is amended to read:
AB207-engrossed,31,2321 66.0421 (4) Repair responsibility. A cable operator video service provider is
22responsible for any repairs to a building required because of the construction,
23installation, disconnection or servicing of facilities to provide cable video service.
AB207-engrossed, s. 17 24Section 17. 66.0422 (title) of the statutes is amended to read:
AB207-engrossed,32,2
166.0422 (title) Cable television Video service, telecommunications, and
2broadband facilities.
AB207-engrossed, s. 18 3Section 18. 66.0422 (1) (a) of the statutes is repealed.
AB207-engrossed, s. 19 4Section 19. 66.0422 (1) (d) of the statutes is created to read:
AB207-engrossed,32,55 66.0422 (1) (d) "Video service" has the meaning given in s. 66.0420 (2) (y).
AB207-engrossed, s. 20 6Section 20. 66.0422 (2) (intro.) of the statutes is amended to read:
AB207-engrossed,32,117 66.0422 (2) (intro.) Except as provided in subs. (3), (3d), (3m), and (3n), no local
8government may enact an ordinance or adopt a resolution authorizing the local
9government to construct, own, or operate any facility for providing cable video
10service, telecommunications service, or broadband service, directly or indirectly, to
11the public, unless all of the following are satisfied:
AB207-engrossed, s. 21 12Section 21. 66.0422 (3) (b) of the statutes is amended to read:
AB207-engrossed,32,1913 66.0422 (3) (b) A majority of the governing board of the local government votes
14to submit the question of supporting the operation of the facility for providing cable
15video service, telecommunications service, or Internet access service, directly or
16indirectly to the public, by the local government to the electors in an advisory
17referendum and a majority of the voters in the local government voting at the
18advisory referendum vote to support operation of such a facility by the local
19government.
AB207-engrossed, s. 22 20Section 22. 66.0422 (3n) of the statutes is amended to read:
AB207-engrossed,32,2221 66.0422 (3n) Subsection (2) does not apply to a local government that, on March
221, 2004, was providing cable video service to the public.
AB207-engrossed, s. 23 23Section 23. 70.111 (25) of the statutes is amended to read:
AB207-engrossed,33,3
170.111 (25) Digital broadcasting equipment. Digital broadcasting equipment
2owned and used by a radio station, television station, or cable television system video
3service network
, as defined in s. 66.0419 (2) (d) 66.0420 (2) (zb).
AB207-engrossed, s. 24 4Section 24. 76.80 (3) of the statutes is amended to read:
AB207-engrossed,33,95 76.80 (3) "Telecommunications services" means the transmission of voice,
6video, facsimile or data messages, including telegraph messages, except that
7"telecommunications services" does not include cable television video service, as
8defined in s. 66.0420 (2) (y)
, radio, one-way radio paging or transmitting messages
9incidental to transient occupancy in hotels, as defined in s. 254.61 (3).
AB207-engrossed, s. 25 10Section 25. 77.52 (2) (a) 12. of the statutes is amended to read:
AB207-engrossed,33,1211 77.52 (2) (a) 12. The sale of cable television system services, or video services,
12as defined in s. 66.0420 (2) (y),
including installation charges.
AB207-engrossed, s. 26 13Section 26. 100.195 (1) (c) 2. of the statutes, as created by 2005 Wisconsin Act
14458
, is amended to read:
AB207-engrossed,33,1515 100.195 (1) (c) 2. Telecommunications services or cable television services.
AB207-engrossed, s. 27 16Section 27. 100.195 (1) (h) 1. of the statutes, as created by 2005 Wisconsin Act
17458
, is repealed and recreated to read:
AB207-engrossed,33,1818 100.195 (1) (h) 1. Video service, as defined in s. 66.0420 (2) (y).
Loading...
Loading...