AB696,24,2322 196.218 (3) (a) 3. c. The amounts required to make disbursements to incumbent
23local exchange carriers under s. 196.191 (3) (d) 2.
AB696, s. 64 24Section 64. 196.218 (3) (a) 3m. of the statutes is amended to read:
AB696,25,6
1196.218 (3) (a) 3m. Contributions under this paragraph may be based only on
2the gross operating revenues from the provision of broadcast services identified by
3the commission under subd. 2. and on intrastate telecommunications services in this
4state of the telecommunications providers subject to the contribution. Contributions
5based on revenues from interconnected voice over Internet protocol service shall be
6calculated as provided under s. 196.206 (2).
AB696, s. 65 7Section 65. 196.218 (3) (f) of the statutes is amended to read:
AB696,25,168 196.218 (3) (f) Notwithstanding ss. 196.196 (1) and (5) (d) 2., s. 196.20 (2m), (5)
9and (6), 196.213 and 196.215
, a telecommunications utility that provides local
10exchange service may make adjustments to local exchange service rates for the
11purpose of recovering its contributions to the universal service fund required under
12this subsection. A telecommunications utility that adjusts local exchange service
13rates for the purpose of recovering such contributions shall identify on customer bills
14a single amount that is the total amount of the adjustment. The public service
15commission shall provide telecommunications utilities the information necessary to
16identify such amounts on customer bills.
AB696, s. 66 17Section 66. 196.218 (4) of the statutes is repealed and recreated to read:
AB696,25,2518 196.218 (4) Essential telecommunications services. Each
19telecommunications provider that provides basic local exchange service or that is
20designated as an eligible telecommunications carrier pursuant to 47 USC 214 (e) (2)
21shall make available to its customers all essential telecommunications services. A
22telecommunications provider may satisfy this subsection by providing essential
23telecommunications services itself or through an affiliate and in either case may
24provide essential telecommunications services through the use of any available
25technology or mode.
AB696, s. 67
1Section 67. 196.218 (5) (a) 14. of the statutes is created to read:
AB696,26,32 196.218 (5) (a) 14. To make disbursements to incumbent local exchange
3carriers under s. 196.191 (3) (d) 2.
AB696, s. 68 4Section 68. 196.218 (5r) (title) of the statutes is amended to read:
AB696,26,55 196.218 (5r) (title) Annual report reports.
AB696, s. 69 6Section 69. 196.218 (5r) (a) 4. of the statutes is amended to read:
AB696,26,127 196.218 (5r) (a) 4. An assessment of how successful investments identified in
8s. 196.196 (5) (f),
assistance provided by the universal service fund, and price
9regulation and other alternative incentive regulations of telecommunications
10utilities designed to promote competition have been in advancing the public interest
11goals identified under s. 196.03 (6), and recommendations for further advancing
12those goals.
AB696, s. 70 13Section 70. 196.218 (5r) (am) of the statutes is created to read:
AB696,26,2114 196.218 (5r) (am) The commission shall submit a written report to the
15universal service fund council at least annually regarding the administration of the
16disbursements to incumbent local exchange carriers under s. 196.191 (3) (d) 2. The
17report shall identify the total amount of money collected from each
18telecommunications provider that contributes to the universal service fund, the total
19amount disbursed annually to each incumbent local exchange carrier under s.
20196.191 (3) (d) 2., and the commission's administrative expenses related to s. 196.191
21(3) and 196.206 (2).
AB696, s. 71 22Section 71. 196.219 (1) (b) of the statutes is amended to read:
AB696,26,2523 196.219 (1) (b) "Local exchange service" has the meaning given in s. 196.50 (1)
24(b) 1.
includes access service, basic local exchange service, and business access line
25and usage service within a local calling area.
AB696, s. 72
1Section 72. 196.26 (1) (a) of the statutes is amended to read:
AB696,27,52 196.26 (1) (a) A complaint filed with the commission that any rate, toll, charge,
3or schedule, joint rate, regulation, measurement, act, or practice relating to the
4provision of heat, light, water, or power, or telecommunications service is
5unreasonable, inadequate, unjustly discriminatory, or cannot be obtained.
AB696, s. 73 6Section 73. 196.26 (4) of the statutes is repealed.
AB696, s. 74 7Section 74. 196.28 (4) of the statutes is repealed.
AB696, s. 75 8Section 75. 196.31 (1m) of the statutes is amended to read:
AB696,27,119 196.31 (1m) The commission shall compensate any consumer group or
10consumer representative for all reasonable costs of participating in a hearing under
11s. 196.196 (1) (g) or 196.198.
AB696, s. 76 12Section 76. 196.37 (3) of the statutes is amended to read:
AB696,27,1713 196.37 (3) Any public utility to which an order under this section applies shall
14make such changes in schedules on file under s. 196.19 to make the schedules
15conform to the order. The public utility may not make any subsequent change in
16rates, tolls or charges without the approval of the commission, except as provided in
17s. 196.205 or 196.215 (2).
AB696, s. 77 18Section 77. 196.37 (4) of the statutes is repealed.
AB696, s. 78 19Section 78. 196.49 (1) (ag) of the statutes is repealed.
AB696, s. 79 20Section 79. 196.49 (3) (b) (intro.) of the statutes is amended to read:
AB696,27,2521 196.49 (3) (b) (intro.) Except as provided in par. (d), the The commission may
22require by rule or special order under par. (a) that no project may proceed until the
23commission has certified that public convenience and necessity require the project.
24The commission may refuse to certify a project if it appears that the completion of
25the project will do any of the following:
AB696, s. 80
1Section 80. 196.49 (3) (d) of the statutes is repealed.
AB696, s. 81 2Section 81. 196.50 (1) (b) 1. and 2. of the statutes are repealed.
AB696, s. 82 3Section 82. 196.50 (1) (b) 3. of the statutes is renumbered 196.50 (1) (b).
AB696, s. 83 4Section 83. 196.50 (2) (a) of the statutes is amended to read:
AB696,28,75 196.50 (2) (a) Alternative telecommunications utilities shall be certified under
6s. 196.203. All Except as provided in par. (j) 1., all other telecommunications utilities
7shall be certified under this subsection.
AB696, s. 84 8Section 84. 196.50 (2) (f) of the statutes is amended to read:
AB696,28,169 196.50 (2) (f) The commission shall issue a certificate of authority or an
10amended certificate of authority if it finds, after notice and opportunity for hearing,
11that the applicant possesses sufficient technical, financial and managerial resources
12to provide telecommunications service to any person within the identified geographic
13area. In making this determination, the commission shall consider the factors
14identified in s. 196.03 (6). The commission may order the applicant to satisfy any
15conditions that the commission considers to be necessary to protect the public
16interest, including structural safeguards.
AB696, s. 85 17Section 85. 196.50 (2) (g) 3. of the statutes is repealed.
AB696, s. 86 18Section 86. 196.50 (2) (h) of the statutes is repealed.
AB696, s. 87 19Section 87. 196.50 (2) (i) of the statutes is created to read:
AB696,29,220 196.50 (2) (i) A telecommunications utility certified under this subsection is
21exempt from ss. 196.02 (2), 196.05, 196.06, 196.07, 196.09, 196.10, 196.12, 196.13,
22196.19, 196.20, 196.21, 196.22, 196.28, 196.37, 196.49, 196.52, 196.58, 196.60,
23196.78, and 196.79. If the commission imposes a provision of this chapter or ch. 201
24on an alternative telecommunications utility under s. 196.203 (3), the commission

1shall ensure that the same provision at the same level of regulation is imposed on
2telecommunications utilities certified under this subsection.
AB696, s. 88 3Section 88. 196.50 (2) (j) of the statutes is created to read:
AB696,29,54 196.50 (2) (j) A telecommunications utility certified under this subsection may
5do any of the following:
AB696,29,136 1. Provide notice to the commission to terminate the certification under this
7subsection and certify the telecommunications utility as an alternative
8telecommunications utility under s. 196.203. No later than 30 days after receiving
9notice under this subdivision, the commission shall issue an order issuing a
10certification under s. 196.203 and terminating the certification under this subsection
11and all regulatory requirements related to the certification under this subsection,
12including all such requirements imposed by the certification under this subsection
13or imposed by order or otherwise by the commission.
AB696,29,1914 2. Provide notice to the commission to maintain the certification under this
15subsection but to regulate the telecommunications utility in the same manner as an
16alternative telecommunications utility is regulated under this chapter. No later
17than 30 days after receiving notice under this subdivision, the commission shall
18issue an order specifying that the telecommunications utility shall be regulated in
19the same manner as an alternative telecommunications utility.
AB696, s. 89 20Section 89. 196.52 (3) (b) 1. of the statutes is amended to read:
AB696,30,521 196.52 (3) (b) 1. The requirement for written approval under par. (a) shall not
22apply to any contract or arrangement if the amount of consideration involved is not
23in excess of $25,000 or 5% of the equity of the public utility, whichever is smaller. The
24requirement under par. (a) also does not apply to a telecommunications utility
25contract or arrangement or
to contracts or arrangements with joint local water

1authorities under s. 66.0823. Regularly recurring payments under a general or
2continuing arrangement which aggregate a greater annual amount may not be
3broken down into a series of transactions to come within the exemption under this
4paragraph. Any transaction exempted under this paragraph shall be valid or
5effective without commission approval under this section.
AB696, s. 90 6Section 90. 196.52 (3) (c) (intro.) of the statutes is amended to read:
AB696,30,97 196.52 (3) (c) (intro.) If the value of a contract or arrangement between an
8affiliated interest and a public utility, other than a telecommunications utility,
9exceeds $1,000,000, the commission:
AB696, s. 91 10Section 91. 196.52 (5) (a) of the statutes is renumbered 196.52 (5).
AB696, s. 92 11Section 92. 196.52 (5) (b) of the statutes is repealed.
AB696, s. 93 12Section 93. 196.52 (6) of the statutes is amended to read:
AB696,30,2113 196.52 (6) If the commission finds upon investigation that a public utility, other
14than a telecommunications utility,
is giving effect to a contract or arrangement
15without the commission's approval under this section, the commission shall issue a
16summary order directing that public utility to cease and desist from making any
17payments, receiving compensation, providing any service or otherwise giving any
18effect to the contract or arrangement until the contract or arrangement receives the
19approval of the commission. The circuit court of Dane County may enforce the order
20to cease and desist by appropriate process, including the issuance of a preliminary
21injunction, upon the suit of the commission.
AB696, s. 94 22Section 94. 196.52 (9) (e) of the statutes is amended to read:
AB696,31,223 196.52 (9) (e) Notwithstanding sub. (5) (a), the commission may not modify or
24terminate a leased generation contract approved under sub. (3) except as specified

1in the leased generation contract or the commission's order approving the leased
2generation contract.
AB696, s. 95 3Section 95. 196.60 (1) (a) of the statutes is amended to read:
AB696,31,124 196.60 (1) (a) Except as provided under sub. (2), no No public utility and no
5agent, as defined in s. 196.66 (3) (a), or officer of a public utility, directly or indirectly,
6may charge, demand, collect or receive from any person more or less compensation
7for any service rendered or to be rendered by it in or affecting or relating to the
8production, transmission, delivery or furnishing of heat, light, water,
9telecommunications service or power or for any service in connection therewith, than
10that prescribed in the published schedules or tariffs then in force, or established
11under this chapter, or than it charges, demands, collects or receives from any other
12person for a like contemporaneous service.
AB696, s. 96 13Section 96. 196.60 (2) of the statutes is repealed.
AB696, s. 97 14Section 97. 196.604 of the statutes is amended to read:
AB696,31,23 15196.604 Rebates, concessions and discriminations unlawful. No person
16may knowingly solicit, accept or receive any rebate, concession or discrimination
17from a public utility for any service in or affecting or relating to the production,
18transmission, delivery or furnishing of heat, light, water or power or the conveying
19of telecommunications messages
within this state or for any connected service
20whereby the service is rendered or is to be rendered free or at a rate less than the rate
21named in the schedules and tariffs in force, or whereby any other service or
22advantage is received. Any person violating this section shall be fined not less than
23$50 nor more than $5,000 for each offense.
AB696, s. 98 24Section 98. 196.77 of the statutes is repealed.
AB696, s. 99
1Section 99. 196.79 (1) of the statutes is renumbered 196.79 and amended to
2read:
AB696,32,8 3196.79 Reorganization subject to commission approval. Except as
4provided in sub. (2), the
The reorganization of any public utility shall be subject to
5the supervision and control of the commission. No reorganization may take effect
6without the written approval of the commission. The commission may not approve
7any plan of reorganization unless the applicant for approval establishes that the plan
8of reorganization is consistent with the public interest.
AB696, s. 100 9Section 100. 196.79 (2) of the statutes is repealed.
AB696, s. 101 10Section 101. 196.805 of the statutes is repealed.
AB696, s. 102 11Section 102. 196.975 (1) of the statutes is amended to read:
AB696,32,2112 196.975 (1) One hundred fifty or more consumers, as defined in s. 196.213
13196.215 (1) (a) 1., who are residents of the same local exchange area for
14telecommunications service may file with the commission a petition requesting that
15commission staff, in cooperation with the affected telecommunications utilities and
16telecommunications carriers, petition the appropriate federal district court to
17include their local exchange area in a different local access and transport area. The
18petitioners shall include with the petition information explaining why the current
19boundaries of the local access and transport area which includes their local exchange
20area does not adequately reflect areas of common social, economic and other
21concerns.
AB696, s. 103 22Section 103. 201.15 (4) (b) of the statutes is amended to read:
AB696,33,423 201.15 (4) (b) If the commission finds that a small telecommunications utility
24subject to rate-of-return regulation is an equity-thin utility, as defined in s. 196.215
25(1) (am)
has less than 25 percent common stock equity in its total capital structure,

1the commission may, after investigation and opportunity for hearing, issue an order
2directing the small telecommunications utility to cease paying dividends on its
3common stock until the small telecommunications utility is no longer an equity-thin
4utility.
AB696, s. 104 5Section 104. Nonstatutory provisions.
AB696,33,66 (1) Price-regulated telecommunications utilities.
AB696,33,77 (a) In this subsection:
AB696,33,8 81. "Commission" means the public service commission.
AB696,33,11 92. "Price-regulated telecommunications utility" means a telecommunications
10utility that elected to become a price-regulated telecommunications utility under
11section 196.196 (1) or (4), 2007 stats.
AB696,33,1512 (b) On the effective date of this paragraph, any requirement imposed by the
13commission under section 196.195 (5), 2007 stats., or section 196.196, 2007 stats.,
14whether by statute or commission rule or order, on a price-regulated
15telecommunications utility is terminated.
AB696,33,1616 (End)
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