SB107: Bill Text

SB107,33,12 76.80 (3) "Telecommunications services" means the transmission of voice, video, facsimile or data messages, including telegraph messages, except that "telecommunications services" does not include cable television video service, as defined in s. 66.0420 (2) (y), radio, one-way radio paging or transmitting messages incidental to transient occupancy in hotels, as defined in s. 254.61 (3).

SB107, s. 24 Section 24. 77.52 (2) (a) 12. of the statutes is amended to read:

SB107,33,15 77.52 (2) (a) 12. The sale of cable television system services, or video services, as defined in s. 66.0420 (2) (y), including installation charges.

SB107, s. 25 Section 25. 100.195 (1) (c) 2. of the statutes, as created by 2005 Wisconsin Act 458, is amended to read:

SB107,33,18 100.195 (1) (c) 2. Telecommunications services or cable television services.

SB107, s. 26 Section 26. 100.195 (1) (h) 1. of the statutes, as created by 2005 Wisconsin Act 458, is repealed and recreated to read:

SB107,33,21 100.195 (1) (h) 1. Video service, as defined in s. 66.0420 (2) (y).

SB107, s. 27 Section 27. 100.209 of the statutes is repealed.

SB107, s. 28 Section 28. 165.25 (4) (ar) of the statutes, as affected by 2005 Wisconsin Act 458, is amended to read:

SB107,34,6 165.25 (4) (ar) The department of justice shall furnish all legal services required by the department of agriculture, trade and consumer protection relating to the enforcement of ss. 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.37, 100.42, 100.50, 100.51, and 100.195 and chs. 126, 136, 344, 704, 707, and 779, together with any other services as are necessarily connected to the legal services.

SB107, s. 29 Section 29. 196.01 (1g) of the statutes is amended to read:

SB107,34,16 196.01 (1g) "Basic local exchange service" means the provision to residential customers of an access facility, whether by wire, cable, fiber optics or radio, and essential usage within a local calling area for the transmission of high-quality 2-way interactive switched voice or data communication. "Basic local exchange service" includes extended community calling and extended area service. "Basic local exchange service" does not include additional access facilities or any discretionary or optional services that may be provided to a residential customer. "Basic local exchange service" does not include cable television service or services provided by a commercial mobile radio service provider.

SB107, s. 30 Section 30. 196.01 (1p) of the statutes is repealed and recreated to read:

SB107,34,18 196.01 (1p) "Cable service" has the meaning given in 47 USC 522 (6).

SB107, s. 31 Section 31. 196.01 (9m) of the statutes is amended to read:

SB107,34,25 196.01 (9m) "Telecommunications service" means the offering for sale of the conveyance of voice, data or other information at any frequency over any part of the electromagnetic spectrum, including the sale of service for collection, storage, forwarding, switching and delivery incidental to such communication and including the regulated sale of customer premises equipment. "Telecommunications service" does not include cable television service or broadcast service.

SB107, s. 32 Section 32. 196.01 (12g) of the statutes is created to read:

SB107,35,2 196.01 (12g) "Video service" has the meaning given in s. 66.0420 (2) (y).

SB107, s. 33 Section 33. 196.01 (12r) of the statutes is created to read:

SB107,35,5 196.01 (12r) "Video service provider" has the meaning given in s. 66.0420 (2) (zg), and also includes an interim cable operator, as defined in s. 66.0420 (2) (n).

SB107, s. 34 Section 34. 196.04 (4) (a) (intro.) and 2. (intro.) of the statutes are consolidated, renumbered 196.04 (4) (a) (intro.) and amended to read:

SB107,35,9 196.04 (4) (a) (intro.) In this subsection: 2. "Sewerage, "sewerage system operator" means any of the following:

SB107, s. 35 Section 35. 196.04 (4) (a) 1. of the statutes is repealed.

SB107, s. 36 Section 36. 196.04 (4) (a) 2. a. to e. of the statutes are renumbered 196.04 (4) (a) 1. to 5.

SB107, s. 37 Section 37. 196.04 (4) (b) of the statutes is amended to read:

SB107,36,3 196.04 (4) (b) If the parties cannot agree and the commission finds that public convenience and necessity or the rendition of reasonably adequate service to the public requires that a public utility, telecommunications provider, sewerage system operator, or cable operator video service provider be permitted to extend its lines on, over or under the right-of-way of any railroad, or requires that the tracks of any railroad be extended on, over or under the right-of-way of any public utility, telecommunications provider, sewerage system operator, or cable operator video service provider, the commission may order the extension by the public utility, telecommunications provider, sewerage system operator, cable operator video service provider, or railroad on, over or under the right-of-way of the other if it will not materially impair the ability of the railroad, telecommunications provider, sewerage system operator, cable operator video service provider, or public utility, on, over or under whose right-of-way the extension would be made, to serve the public. The commission shall prescribe lawful conditions and compensation which the commission deems equitable and reasonable in light of all the circumstances.

SB107, s. 38 Section 38. 196.195 (5) of the statutes is amended to read:

SB107,36,14 196.195 (5) Commission action. If after the proceedings under subs. (2), (3) and (4) the commission has determined that effective competition exists in the market for the telecommunications service which justifies a lesser degree of regulation and that lesser regulation in that market will serve the public interest, the commission may, by order, suspend any of the following provisions of law, except as provided under subs. (7) and (8): ch. 201 and s. 196.02 (2); s. 196.05; s. 196.06; s. 196.07; s. 196.09; s. 196.10; s. 196.12; s. 196.13 (2); s. 196.19; tariffing requirements under s. 196.194; s. 196.196 (1) or (5); s. 196.20; s. 196.204 (7); s. 196.21; s. 196.22; s. 196.26; s. 196.28; s. 196.37; s. 196.49; s. 196.52; s. 196.58; s. 196.60; s. 196.604; s. 196.77; s. 196.78; s. 196.79; and s. 196.805.

SB107, s. 39 Section 39. 196.203 (1m) of the statutes is amended to read:

SB107,36,19 196.203 (1m) Any person claiming to be a cable television telecommunications service provider under this section shall annually file with the commission any information required by the commission to determine the gross income of the person which is derived from the operation of a cable television system.

SB107, s. 40 Section 40. 196.203 (3) (b) (intro.) of the statutes is amended to read:

SB107,36,25 196.203 (3) (b) (intro.) The commission may not deny a petition filed under par. (a) by a provider of cable television service for alternative telecommunications utility status in a particular geographical area as not being in the public interest if basic local exchange service is provided in the same geographical area by any of the following:

SB107, s. 41 Section 41. 196.203 (3) (b) 2. of the statutes is amended to read:

SB107,37,5 196.203 (3) (b) 2. Subject to par. (c), a telecommunications utility with 50,000 or less access lines in use in this state which also provides cable television service in that geographical area, if provision of cable television service began after September 1, 1994.

SB107, s. 42 Section 42. 196.203 (3) (c) of the statutes is amended to read:

SB107,37,9 196.203 (3) (c) Paragraph (b) 2. shall not apply if the telecommunications utility's provision of cable television service is limited to the provision of satellite cable programming, as defined in s. 943.47 (1) (b).

SB107, s. 43 Section 43. 196.203 (3) (d) of the statutes is amended to read:

SB107,37,12 196.203 (3) (d) Section 196.50 (1) (b) applies to an alternative telecommunications utility except for a provider of cable television service.

SB107, s. 44 Section 44. 196.203 (3) (e) 1. (intro.) of the statutes is amended to read:

SB107,37,19 196.203 (3) (e) 1. (intro.) If a provider of cable television service files a petition under par. (a) for alternative telecommunications status to offer local exchange service, as defined in s. 196.50 (1) (b) 1., in a geographical area served by a telecommunications utility with less than 50,000 access lines in use in this state on September 1, 1994, or at any time thereafter, the commission may not deny the petition as not being in the public interest and shall do any of the following:

SB107, s. 45 Section 45. 196.204 (7) of the statutes is repealed.

SB107, s. 46 Section 46. 196.50 (1) (b) 2. e. of the statutes is amended to read:

SB107,38,2 196.50 (1) (b) 2. e. The holder of the permit and the applicant are both providers of cable television video service, if the holder's provision of cable television video service began after September 1, 1994. This subd. 2. e. does not apply if the holder's provision of cable television service is limited to the provision of satellite cable programming, as defined in s. 943.47 (1) (b).

SB107, s. 47 Section 47. 196.50 (1) (c) of the statutes is amended to read:

SB107,38,8 196.50 (1) (c) Any provision in an agreement or municipal franchise that prohibits entry into the telecommunications or cable television video services market after September 1, 1994, is void. Paragraph (b) and this paragraph do not invalidate an ordinance enacted under s. 66.0419 which requires a provider of cable television services to obtain a franchise before offering those services.

SB107, s. 48 Section 48. 196.85 (1m) (b) of the statutes is amended to read:

SB107,38,13 196.85 (1m) (b) For the purpose of direct assessment under sub. (1) of expenses incurred by the commission in connection with its activities under s. 196.04 (4), the term "public utility" includes a cable operator, as defined in s. 66.0419 (2) (b) video service provider.

SB107, s. 49 Section 49. 943.46 (title) of the statutes is amended to read:

SB107,38,15 943.46 (title) Theft of cable television video service.

SB107, s. 50 Section 50. 943.46 (1) (a) of the statutes is renumbered 943.46 (1) (c) and amended to read:

SB107,38,22 943.46 (1) (c) "Cable television Video service" has the meaning given in s. 196.01 (1p). "Cable television 66.0420 (2) (y), except that "video service" does not include signals received by privately owned antennas that are not connected to a cable television system video service network whether or not the same signals are provided by a cable television company video service provider.

SB107, s. 51 Section 51. 943.46 (1) (d) of the statutes is created to read:

SB107,38,25 943.46 (1) (d) "Video service network" has the meaning given in s. 66.0420 (2) (zb).

SB107, s. 52 Section 52. 943.46 (1) (e) of the statutes is created to read:

SB107,39,3 943.46 (1) (e) "Video service provider" has the meaning given in s. 66.0420 (2) (zg), and also includes an interim cable operator, as defined in s. 66.0420 (2) (n).

SB107, s. 53 Section 53. 943.46 (2) (a) of the statutes is amended to read:

SB107,39,14 943.46 (2) (a) Obtain or attempt to obtain cable television video service from a company provider by trick, artifice, deception, use of an illegal device or illegal decoder or other fraudulent means with the intent to deprive that company provider of any or all lawful compensation for rendering each type of service obtained. The intent required for a violation of this paragraph may be inferred from the presence on the property and in the actual possession of the defendant of a device not authorized by the cable television company video service provider, the major purpose of which is to permit reception of cable television video services without payment. This inference is rebutted if the defendant demonstrates that he or she purchased that device for a legitimate use.

SB107, s. 54 Section 54. 943.46 (2) (b) of the statutes is amended to read:

SB107,39,21 943.46 (2) (b) Give technical assistance or instruction to any person in obtaining or attempting to obtain any cable television video service without payment of all lawful compensation to the company provider providing that service. This paragraph does not apply if the defendant demonstrates that the technical assistance or instruction was given or the installation of the connection, descrambler or receiving device was for a legitimate use.

SB107, s. 55 Section 55. 943.46 (2) (c) of the statutes is amended to read:

SB107,40,2 943.46 (2) (c) Make or maintain a connection, whether physical, electrical, mechanical, acoustical or by other means, with any cables, wires, components or other devices used for the distribution of cable television video services for the purpose of distributing cable television video service to any other dwelling unit without authority from a cable television company video service provider.

SB107, s. 56 Section 56. 943.46 (2) (d) of the statutes is amended to read:

SB107,40,13 943.46 (2) (d) Make or maintain a connection, whether physical, electrical, mechanical, acoustical or by other means, with any cables, wires, components or other devices used for the distribution of cable television video services for the purpose of obtaining cable television video service without payment of all lawful compensation to the company provider providing that service. The intent required for a violation of this paragraph may be inferred from proof that the cable video service to the defendant's residence or business was connected under a service agreement with the defendant and has been disconnected by the cable television company video service provider and that thereafter there exists in fact a connection to the cable system video service network at the defendant's residence or business.

SB107, s. 57 Section 57. 943.46 (2) (e) of the statutes is amended to read:

SB107,41,7 943.46 (2) (e) Make or maintain any modification or alteration to any device installed with the authorization of a cable television company video service provider for the purpose of intercepting or receiving any program or other service carried by that company provider which that person is not authorized by that company provider to receive. The intent required for a violation of this paragraph may be inferred from proof that, as a matter of standard procedure, the cable television company video service provider places written warning labels on its converters or decoders explaining that tampering with the device is a violation of law and the converter or decoder is found to have been tampered with, altered or modified so as to allow the reception or interception of programming carried by the cable television company video service provider without authority to do so. The trier of fact may also infer that a converter or decoder has been altered or modified from proof that the cable television company video service provider, as a matter of standard procedure, seals the converters or decoders with a label or mechanical device, that the seal was shown to the customer upon delivery of the decoder and that the seal has been removed or broken. The inferences under this paragraph are rebutted if the cable television company video service provider cannot demonstrate that the intact seal was shown to the customer.

SB107, s. 58 Section 58. 943.46 (2) (f) of the statutes is amended to read:

SB107,41,20 943.46 (2) (f) Possess without authority any device or printed circuit board designed to receive from a cable television system video service network any cable television video programming or services offered for sale over that cable television system video service network, whether or not the programming or services are encoded, filtered, scrambled or otherwise made unintelligible, or perform or facilitate the performance of any of the acts under pars. (a) to (e) with the intent that that device or printed circuit be used to receive that cable television company's video service provider's services without payment. Intent to violate this paragraph for direct or indirect commercial advantage or private financial gain may be inferred from proof of the existence on the property and in the actual possession of the defendant of a device if the totality of circumstances, including quantities or volumes, indicates possession for resale.

SB107, s. 59 Section 59. 943.46 (2) (g) of the statutes is amended to read:

SB107,42,10 943.46 (2) (g) Manufacture, import into this state, distribute, publish, advertise, sell, lease or offer for sale or lease any device, printed circuit board or any plan or kit for a device or for a printed circuit designed to receive the cable television video programming or services offered for sale over a cable television system video service network from a cable television system video service network, whether or not the programming or services are encoded, filtered, scrambled or otherwise made unintelligible, with the intent that that device, printed circuit, plan or kit be used for the reception of that company's provider's services without payment. The intent required for a violation of this paragraph may be inferred from proof that the defendant has sold, leased or offered for sale or lease any device, printed circuit board, plan or kit for a device or for a printed circuit board in violation of this paragraph and during the course of the transaction for sale or lease the defendant expressly states or implies to the buyer that the product will enable the buyer to obtain cable television video service without charge.

SB107, s. 60 Section 60. 943.46 (5) of the statutes is amended to read:

SB107,42,19 943.46 (5) Exception. This section does not affect the use by a person of cable television video services if the services have been paid for and the use is exclusive to the person's dwelling unit. This subsection does not prohibit a board or council of any city, village or town from specifying the number and manner of installation of outlets used by any such person for cable television video services and does not prohibit a cable television company video service provider, in any written contract with a subscriber, from requiring the company's provider's approval for any increase in the number of those outlets used.

SB107, s. 61 Section 61. Effective dates. This act takes effect on the day after publication, except as follows:

SB107,42,24 (1) The treatment of sections 100.195 (1) (c) 2. and (h) 1. and 165.25 (4) (ar) of the statutes takes effect on April 1, 2007, or on the day after publication, whichever is later.

SB107,42,25 (End)