AB606: Bill Text

AB606,8,15 66.0420 (3) (f) 2. After the filing of an application that the department commission has determined is complete, the department commission shall determine whether an applicant is legally, financially, and technically qualified to provide video service. If the department commission determines that an applicant is legally, financially, and technically qualified to provide video service, the department commission shall issue a video service franchise to the applicant. If the department commission determines that an applicant is not legally, financially, and technically qualified to provide video service, the department commission shall reject the application and shall state the reasons for the determination.

AB606, s. 17 Section 17. 66.0420 (3) (f) 4. of the statutes is amended to read:

AB606,8,19 66.0420 (3) (f) 4. The department commission shall promulgate rules for determining whether an applicant is legally, financially, and technically qualified to provide video service.

AB606, s. 18 Section 18. 66.0420 (3) (g) of the statutes is amended to read:

AB606,8,24 66.0420 (3) (g) Effect of video service franchise. A video service franchise issued by the department commission authorizes a video service provider to occupy the public rights-of-way and to construct, operate, maintain, and repair a video service network to provide video service in the video franchise area.

AB606, s. 19 Section 19. 66.0420 (3) (h) of the statutes is amended to read:

AB606,9,4 66.0420 (3) (h) Notice before providing service. No later than 10 business days before providing video service in a municipality in a video franchise area, a video service provider shall provide notice to the department commission and the municipality.

AB606, s. 20 Section 20. 66.0420 (3) (i) (title) of the statutes is repealed and recreated to read:

AB606,9,7 66.0420 (3) (i) (title) Renewal; revocation.

AB606, s. 21 Section 21. 66.0420 (3) (i) of the statutes is renumbered 66.0420 (3) (i) 4. and amended to read:

AB606,9,25 66.0420 (3) (i) 4. The department commission may revoke a video service franchise issued to a video service provider if the department commission determines that the video service provider has failed to substantially meet a material requirement imposed upon it by the department. Before commencing a revocation proceeding, the department shall provide the video service provider written notice of the department's intention to revoke the franchise and the department's reasons for the revocation and afford the video service provider a reasonable opportunity to cure any alleged violation. The department must, before revoking any video service franchise, afford a video service provider full due process that, at a minimum, must include a proceeding before a hearing officer during which the video service provider must be afforded the opportunity for full participation, including the right to be represented by counsel, to introduce evidence, to require the production of evidence, and to question or cross-examine witnesses under oath. A transcript shall be made of any such hearing. A video service provider may bring an action to appeal the decision of the department exhibited a pattern of noncompliance with one or more requirements or prohibitions under this section, ch. 100, any rule promulgated under s. 100.20 (2), any order issued under s. 100.20 (3), or 47 CFR 76.309, 76.1602, 76.1603, or 76.1619. A revocation is a contested case under ch. 227.

AB606, s. 22 Section 22. 66.0420 (3) (i) 1. to 3. of the statutes are created to read:

AB606,10,9 66.0420 (3) (i) 1. A video service provider shall apply to the commission to renew its video service franchise every 5 years. The commission may not renew a video service franchise if the commission determines that the applicant exhibited a pattern of noncompliance with one or more requirements or prohibitions under this section, ch. 100, any rule promulgated under s. 100.20 (2), any order issued under s. 100.20 (3), or 47 CFR 76.309, 76.1602, 76.1603, or 76.1619.

AB606,10,13 2. If the commission does not renew the video service franchise of an applicant for renewal, the commission shall notify the applicant and state the reasons for not renewing the video service franchise. The video service franchise shall terminate on the date specified in the notification.

AB606,10,17 3. If a video service provider gives at least 30 days' advance notice to the commission that the video service provider intends to terminate the video service franchise, the video service franchise shall expire on the termination date specified in the notice.

AB606, s. 23 Section 23. 66.0420 (3) (j) of the statutes is amended to read:

AB606,11,4 66.0420 (3) (j) Modifications. If there is any change in the information included in an application filed by a video service provider under this subsection, the video service provider shall notify the department commission and update the information within 10 business days after the change, except that if the video service provider determines to expand the area or areas of the state in which the video service provider intends to provide video service, the video service provider shall apply to the department commission for a modified video service franchise under par. (d). A video service provider that makes a notification regarding a change in the information specified in par. (d) 3., 4., or 5., shall include with the notification a fee of $100. No fee is required for a notification regarding a change in the information specified in par. (d) 1.

AB606, s. 24 Section 24. 66.0420 (3) (k) of the statutes is repealed and recreated to read:

AB606,11,12 66.0420 (3) (k) Annual fees. Upon issuance of a video service franchise to a video service provider, and annually thereafter, a video service provider with more than 10,000 in-state subscribers shall pay a fee of $50,000, and a video service provider with 10,000 or less in-state subscribers shall pay a fee of $4,500, to the department of agriculture, trade and consumer protection, except that the department may, by rule, adjust the amount of a fee as necessary to cover the department's costs in administering and enforcing sub. (8) and s. 100.209.

AB606, s. 25 Section 25. 66.0420 (3) (L) of the statutes is created to read:

AB606,11,18 66.0420 (3) (L) Commission expenses. The commission shall bill under s. 196.85 (1) an applicant for a video service franchise or a video service provider any expense incurred by the commission with respect to an application or any other matter under the commission's jurisdiction regarding the applicant or video service provider.

AB606, s. 26 Section 26. 66.0420 (5) (a) 3. of the statutes is amended to read:

AB606,11,23 66.0420 (5) (a) 3. An interim cable operator or video service provider shall provide any channel capacity for PEG channels required under this paragraph on any a service tier that is viewed by more than 50 100 percent of the interim cable operator's or video service provider's customers.

AB606, s. 27 Section 27. 66.0420 (5) (b) 1. a. of the statutes is amended to read:

AB606,12,10 66.0420 (5) (b) 1. a. Notwithstanding par. (a), an interim cable operator or video service provider may reprogram for any other purpose any channel capacity provided for a PEG channel required by a municipality under par. (a) if the PEG channel is not substantially utilized by the municipality. If the municipality certifies to the interim cable operator or video service provider that reprogrammed channel capacity for a PEG channel will be substantially utilized by the municipality, the interim cable operator or video service provider shall, no later than 120 days after receipt of the certification, restore the channel capacity for the PEG channel. Notwithstanding par. (a) 3., an interim cable operator or video service provider may provide restored channel capacity for a PEG channel on any service tier.

AB606, s. 28 Section 28. 66.0420 (5) (b) 2. of the statutes is amended to read:

AB606,12,17 66.0420 (5) (b) 2. Notwithstanding par. (a), if a municipality fails to provide the notice specified in sub. (3) (e) 2. before the deadline specified in sub. (3) (e) 2., no interim cable operator or video service provider is required to provide channel capacity for any PEG channel, or monetary support for access facilities for PEG channels pursuant to sub. (7) (em) 1. to 4., until the 90th day after the municipality provides such notice.

AB606, s. 29 Section 29. 66.0420 (5) (c) 3. a. of the statutes is repealed and recreated to read:

AB606,13,11 66.0420 (5) (c) 3. a. If a municipality produces or maintains PEG channel content or programming in a manner or form that is compatible with the interim cable operator's or video service provider's video service network and that permits the interim cable operator or video service provider to comply with the requirements of par. (d) 3., the municipality shall submit the content or programming to the interim cable operator or video service provider in that manner or form. If the municipality does not produce or maintain PEG channel content or programming in such manner or form, the interim cable operator or video service provider shall be responsible at its sole cost for any changes in the manner or form of the transmission that are necessary to make PEG channel content or programming compatible with the technology or protocol used by the interim cable operator or video service provider to deliver services. If an interim cable operator or video service provider is required to make such changes to the manner or form of the transmission, the municipality shall provide reasonable access to the interim cable operator or video service provider that allows the interim cable operator or video service provider to transmit the PEG channel programming in an economical manner subject to the requirements of par. (d) 3.

AB606, s. 30 Section 30. 66.0420 (5) (d) 1. of the statutes is amended to read:

AB606,14,9 66.0420 (5) (d) 1. If a municipality requires an interim cable operator or video service provider to provide capacity for PEG channels under par. (a), the interim cable operator or video service provider shall be required to provide equipment and transmission capacity sufficient to connect the interim cable operator's or video service provider's headend or, video hub office, or transmission facilities to the municipality's PEG access channel origination points existing as of January 9, 2008. A municipality shall permit the interim cable operator or video service provider to determine the most economically and technologically efficient means of providing such equipment and transmission capacity. If a municipality requests that such a PEG access channel origination point be relocated, the interim cable operator or video service provider shall be required to provide only the first 200 feet of transmission line beginning at the relocated origination point that is necessary to connect the relocated origination point to the interim cable operator or video service provider's headend or, video hub office to such origination point, or transmission facilities. A municipality shall be liable for the costs of construction of such a transmission line beyond the first 200 feet from the relocated origination point to the headend, video hub office, or transmission facilities and for any construction costs associated with additional origination points, but not for the costs associated with the transmission of PEG programming over such line. The interim cable operator or video service provider may recover its costs to provide equipment and transmission capacity under this subdivision by identifying and collecting a "PEG Transport Fee" as a separate line item on customer bills.

AB606, s. 31 Section 31. 66.0420 (5) (d) 3. and 4. of the statutes are created to read:

AB606,14,16 66.0420 (5) (d) 3. If a municipality requires an interim cable operator or video service provider to provide channel capacity for PEG channels under par. (a), the interim cable operator or video service provider shall provide the channel capacity with accessibility, functionality, and audio and visual quality that is at least equivalent to accessibility, functionality, and audio and visual quality for channel capacity that is used for one of the following:

AB606,14,18 a. Local commercial television stations that the interim cable operator or video service provider is required to carry under federal law.

AB606,14,22 b. The primary signal of the network-affiliated commercial television stations carried on the video service network of the interim cable operator or video service provider, if federal law does not require the interim cable operator or video service provider to carry local commercial television stations.

AB606,14,25 4. If a municipality requires an interim cable operator or video service provider to provide channel capacity for PEG channels under par. (a), all of the following apply:

AB606,15,4 a. The interim cable operator or video service provider shall provide the channel capacity on channel numbers that are within 10 numerically of the channel number of any local commercial television station or network-affiliated commercial television station specified in subd. 3. a. or b.

AB606,15,7 b. The interim cable operator or video service provider shall provide the channel capacity so that it is viewable by every subscriber of the interim cable operator or video service provider without additional service or equipment charges.

AB606,15,11 c. The interim cable operator or video service provider shall provide facilities adequate to carry signals for the PEG channels from the origination point of the signals to subscribers without material degradation, alteration, or removal of content.

AB606, s. 32 Section 32. 66.0420 (5e) of the statutes is created to read:

AB606,15,18 66.0420 (5e) Statewide public affairs channel. A video service provider shall carry a channel designated by WisconsinEye, or a successor specified by the commission that operates a nonprofit statewide public affairs channel for nonpartisan coverage of civic and community life in the state, including state government activities in Madison, at no cost to WisconsinEye or such a successor. A video service provider shall carry the channel on its lowest cost service tier.

AB606, s. 33 Section 33. 66.0420 (7) (a) 1. of the statutes is amended to read:

AB606,16,10 66.0420 (7) (a) 1. Notwithstanding s. 66.0611 and except as provided in subds. sub. 2. and 2m., a video service provider shall, on a quarterly calendar basis, calculate and pay to each municipality in which the video service provider provides video service a video service provider fee equal to the percentage, as specified by each municipality, no more than 5 percent of the video service provider's gross receipts that is specified in par. (b) and the monetary support for access facilities for PEG channels described in required under par. (em). A video service provider shall remit the fee to the municipality no later than 45 days after the end of each quarter. Except as provided in subd. 2. or par. (b) 1., if the municipality is not required to provide notice under sub. (3) (e) 2., the duty to remit the fee first applies to the quarter in which the video service provider begins to provide service in the municipality, and, if the municipality is required to provide notice under sub. (3) (e) 2., the duty to remit the fee first applies to the quarter in which the video service provider begins to provide service in the municipality or to the quarter that includes the 45th day after the video service provider receives the municipality's notice, whichever quarter is later.

AB606, s. 34 Section 34. 66.0420 (7) (a) 2m. of the statutes is repealed.

AB606, s. 35 Section 35. 66.0420 (7) (b) of the statutes is repealed.

AB606, s. 36 Section 36. 66.0420 (7) (e) 2. of the statutes is amended to read:

AB606,16,20 66.0420 (7) (e) 2. An action regarding a dispute over the amount of a video service provider fee paid or allegedly due under this subsection shall be commenced within 4 years following the end of the calendar quarter to which the disputed amount relates or be barred, unless the parties agree in writing to an extension of time. Notwithstanding ss. s. 814.01, 814.02, 814.03, and 814.035, no costs may be allowed in the action to either the prevailing party may recover costs and reasonable attorney fees in the action.

AB606, s. 37 Section 37. 66.0420 (7) (em) (title) of the statutes is amended to read:

AB606,16,22 66.0420 (7) (em) (title) PEG channel monetary support.

AB606, s. 38 Section 38. 66.0420 (7) (em) 1. of the statutes is amended to read:

AB606,17,4 66.0420 (7) (em) 1. This subdivision applies to an incumbent cable operator whose cable franchise is terminated under sub. (3) (b) 2. b. The obligation that is actually imposed by a municipality prior to April 18, 2007, on such an incumbent cable operator to provide monetary support for access facilities for PEG channels and that is contained in a cable franchise existing on January 9, 2008, shall continue until January 1, 2011.

AB606, s. 39 Section 39. 66.0420 (7) (em) 2. of the statutes is amended to read:

AB606,17,8 66.0420 (7) (em) 2. The duty of an interim cable operator to provide monetary support for access facilities for PEG channels that is contained in a cable franchise existing on January 9, 2008, shall continue until January 1, 2011.

AB606, s. 40 Section 40. 66.0420 (7) (em) 3. of the statutes is amended to read:

AB606,17,23 66.0420 (7) (em) 3. Each video service provider providing video service in a municipality shall have the same obligation to provide monetary support for access facilities for PEG channels as the incumbent cable operator with the most subscribers in the municipality as of January 9, 2008. To the extent that such incumbent cable operator provides such support in the form of a percentage of gross revenues or a per subscriber fee, any other video service provider shall pay the same percentage of gross revenues or per subscriber fee to the municipality as the incumbent cable operator. To the extent that such incumbent cable operator provides such support in the form of a lump sum payment without an offset to its franchise fee or video service provider fee, any other video service provider that commences service in the municipality shall pay the municipality a sum equal to the pro rata amount of such lump sum payment based on its proportion of video service customers in such municipality. The obligation to provide monetary support required under this subdivision shall continue until January 1, 2011.

AB606, s. 41 Section 41. 66.0420 (7) (em) 4. of the statutes is amended to read:

AB606,18,4 66.0420 (7) (em) 4. For purposes of this paragraph subd. 3., the proportion of video service customers of a video service provider shall be determined based on the relative number of subscribers as of the end of the prior calendar year as reported by all incumbent cable operators and holders of video service authorizations.

AB606, s. 42 Section 42. 66.0420 (7) (em) 5. of the statutes is created to read:

AB606,18,14 66.0420 (7) (em) 5. A municipality may, by ordinance, for the purpose of supporting PEG channels, require an interim cable operator or video service provider to pay the municipality, beginning on January 1, 2011, a fee equal to no more than 1 percent of the interim cable operator's or video service provider's annual gross receipts. If an interim cable operator pays a franchise fee to a municipality, the interim cable operator shall pay any fee required under this subdivision at the time that the interim cable operator pays the franchise fee to the municipality. A video service provider shall pay a fee required under this subdivision at the time that the video service provider pays a video service provider fee to the municipality.

AB606, s. 43 Section 43. 66.0420 (7) (f) of the statutes is amended to read:

AB606,18,19 66.0420 (7) (f) Itemization. A video service provider may identify and collect the amount related to a video service provider fee and any fee imposed for monetary support for access facilities for PEG channels as described in required under par. (em) as a separate line item on customer bills.

AB606, s. 44 Section 44. 66.0420 (8) (b) of the statutes is repealed and recreated to read:

AB606,19,7 66.0420 (8) (b) Access to service. If a large telecommunications video service provider does not provide access to its video service to at least 90 percent of the households in the large telecommunications service video provider's telecommunications service area by the first day of the 18th month beginning after the effective date of this paragraph .... [LRB inserts date], the large telecommunications video service provider shall pay to the commission, no later than the 19th month beginning after the effective date of this paragraph .... [LRB inserts date], a sum of $20,000,000. If a large telecommunications video service provider pays the sum, the commission shall use the sum to make grants to persons to assist in the deployment of broadband service to underserved areas in this state. The commission shall promulgate rules establishing requirements and procedures for making the grants.

AB606, s. 45 Section 45. 66.0420 (8) (e) of the statutes is amended to read:

AB606,19,15 66.0420 (8) (e) Limitations. Notwithstanding any other provision of this section, a telecommunications video service provider is not required to provide video service outside the provider's basic local exchange service area, and a video service provider that is an incumbent cable operator is not required to provide video service outside the area in which the incumbent cable operator provided cable service at the time the department of financial institutions commission issued a video service franchise to the incumbent cable operator.

AB606, s. 46 Section 46. 66.0420 (8g) of the statutes is created to read:

AB606,19,20 66.0420 (8g) Equipment returns. The commission shall promulgate rules that allow a customer, at no cost to the customer, to return to a video service provider, by a deadline specified in the rules, equipment necessary for receiving video service that the video service provider has provided the customer.

AB606, s. 47 Section 47. 66.0420 (8r) of the statutes is created to read:

AB606,20,2 66.0420 (8r) Customer service centers. A video service provider shall maintain at least one customer service facility within this state that is staffed by customer service representatives with the capacity to accept payments; adjust bills; respond to repair, installation, reconnection, disconnection, and other service calls; and distribute and receive converter boxes, remote control units, digital stereo units, and other equipment necessary for receiving video service.

AB606, s. 48 Section 48. 66.0420 (9) of the statutes is repealed and recreated to read:

AB606,20,9 66.0420 (9) Municipal enforcement. A municipality may adopt or enact, and enforce, an ordinance or resolution requiring a video service provider to comply with s. 100.209 and any rules promulgated by the department of agriculture, trade and consumer protection under s. 100.209. In an action to enforce an ordinance or resolution, a municipality may, notwithstanding s. 814.01, recover costs and reasonable attorney fees.

AB606, s. 49 Section 49. 66.0420 (10) of the statutes is amended to read:

AB606,20,19 66.0420 (10) Limitation on rate regulation. The department commission or a municipality may not regulate the rates charged for any video service by an interim cable operator or video service provider that provides video service in a municipality if at least one other interim cable operator or video service provider is providing video service in the municipality and the other interim cable operator or video service provider is not an affiliate of the interim cable operator or video service provider. This subsection applies regardless of whether any affected interim cable operator or video service provider has sought a determination from the FCC regarding effective competition under 47 CFR 76.905.

AB606, s. 50 Section 50. 66.0420 (11) of the statutes is amended to read:

AB606,21,3 66.0420 (11) Transfer of video service franchise. A person who is issued a video service franchise may transfer the video service franchise to any successor-in-interest, including a successor-in-interest that arises through merger, sale, assignment, restructuring, change of control, or any other transaction. No later than 15 days after the transfer is complete, the successor-in-interest shall apply for a video service franchise under sub. (3) (d) and comply with sub. (3) (e) 1. The successor-in-interest may provide video service in the video franchise area during the period that the department commission reviews the application.

AB606, s. 51 Section 51. 66.0420 (13) (a) of the statutes is amended to read:

AB606,21,8 66.0420 (13) (a) The department of financial institutions commission may promulgate rules interpreting or establishing procedures for this section and the department of agriculture, trade and consumer protection may promulgate rules interpreting or establishing procedures for sub. (8).

AB606, s. 52 Section 52. 66.0420 (13) (b) of the statutes is amended to read:

AB606,21,18 66.0420 (13) (b) Except as provided in sub. (7) (e), a municipality, interim cable operator, or video service provider that is affected by a failure to comply with this section may bring an action to enforce this section. If a court finds that a municipality, interim cable operator, or video service provider has not complied with this section, the court shall order the municipality, interim cable operator, or video service provider to comply with this section. Notwithstanding ss. s. 814.01, 814.02, 814.03, and 814.035, no costs may be allowed in an action under this paragraph to any party the prevailing party may recover costs and reasonable attorney fees in the action.

AB606, s. 53 Section 53. 66.0420 (13) (c) of the statutes is amended to read:

AB606,21,25 66.0420 (13) (c) The department commission shall enforce this section, except sub. (8). The department commission may bring an action to recover any fees that are due and owing under this section or to enjoin a violation of this section, except sub. (8), or any rule promulgated under sub. (3) (f) 4. An action shall be commenced under this paragraph within 3 years after the occurrence of the unlawful act or practice or be barred.

AB606, s. 54 Section 54. 66.0420 (13) (d) of the statutes is created to read:

AB606,22,4 66.0420 (13) (d) The department of agriculture, trade and consumer protection may bring an action to enjoin a violation of sub. (8) or any rule interpreting or establishing procedures for sub. (8).

AB606, s. 55 Section 55. 66.0420 (14) of the statutes is created to read:

AB606,22,8 66.0420 (14) Penalty. A person who violates this section may be required to forfeit not more than $1,000 for each offense and not more than $10,000 for each occurrence.

AB606, s. 56 Section 56. 100.209 (title) of the statutes is amended to read:

AB606,22,11 100.209 (title) Video programming service subscriber rights; customer service standards for video service providers.

AB606, s. 57 Section 57. 100.209 (1) (b) of the statutes is created to read:

AB606,22,14 100.209 (1) (b) "Federal regulations" mean 47 CFR 76.309, 76.1602, 76.1603, and 76.1619.