AB696-engrossed, s. 71g 23Section 71g. 196.219 (2m) of the statutes is repealed.
AB696-engrossed, s. 71m 24Section 71m. 196.219 (2r) of the statutes is created to read:
AB696-engrossed,27,4
1196.219 (2r) Switched access service rates. Any reduction in switched access
2service rates ordered by the commission prior to the effective date of this subsection
3.... [LRB inserts date], including any reduction ordered pursuant to s. 196.195, shall
4remain effective unless modified by the commission in a subsequent order.
AB696-engrossed, s. 71s 5Section 71s. 196.219 (3) (h) of the statutes is repealed.
AB696-engrossed, s. 72 6Section 72. 196.26 (1) (a) of the statutes is amended to read:
AB696-engrossed,27,107 196.26 (1) (a) A complaint filed with the commission that any rate, toll, charge,
8or schedule, joint rate, regulation, measurement, act, or practice relating to the
9provision of heat, light, water, or power, or telecommunications service is
10unreasonable, inadequate, unjustly discriminatory, or cannot be obtained.
AB696-engrossed, s. 73 11Section 73. 196.26 (4) of the statutes is repealed.
AB696-engrossed, s. 74m 12Section 74m. 196.28 (4) of the statutes is amended to read:
AB696-engrossed,27,1613 196.28 (4) This section does not apply to rates, tolls or charges of a
14telecommunications cooperative, an unincorporated telecommunications
15cooperative association, or a small telecommunications utility except as provided in
16s. 196.205 or 196.215 (2)
.
AB696-engrossed, s. 75 17Section 75. 196.31 (1m) of the statutes is amended to read:
AB696-engrossed,27,2018 196.31 (1m) The commission shall compensate any consumer group or
19consumer representative for all reasonable costs of participating in a hearing under
20s. 196.196 (1) (g) or 196.198.
AB696-engrossed, s. 76 21Section 76. 196.37 (3) of the statutes is amended to read:
AB696-engrossed,28,222 196.37 (3) Any public utility to which an order under this section applies shall
23make such changes in schedules on file under s. 196.19 to make the schedules
24conform to the order. The public utility may not make any subsequent change in

1rates, tolls or charges without the approval of the commission , except as provided in
2s. 196.205 or 196.215 (2)
.
AB696-engrossed, s. 77m 3Section 77m. 196.37 (4) of the statutes is amended to read:
AB696-engrossed,28,74 196.37 (4) This section does not apply to rates, tolls or charges of a
5telecommunications cooperative, an unincorporated telecommunications
6cooperative association, or a small telecommunications utility except as provided in
7s. 196.205 or 196.215 (2)
.
AB696-engrossed, s. 78 8Section 78. 196.49 (1) (ag) of the statutes is repealed.
AB696-engrossed, s. 79 9Section 79. 196.49 (3) (b) (intro.) of the statutes is amended to read:
AB696-engrossed,28,1410 196.49 (3) (b) (intro.) Except as provided in par. (d), the The commission may
11require by rule or special order under par. (a) that no project may proceed until the
12commission has certified that public convenience and necessity require the project.
13The commission may refuse to certify a project if it appears that the completion of
14the project will do any of the following:
AB696-engrossed, s. 80 15Section 80. 196.49 (3) (d) of the statutes is repealed.
AB696-engrossed, s. 80m 16Section 80m. 196.50 (title) of the statutes is amended to read:
AB696-engrossed,28,18 17196.50 (title) Competing public utilities; indeterminate permits,
18telecommunications
; telecommunications utility certification.
AB696-engrossed, s. 81 19Section 81. 196.50 (1) (b) 1. and 2. of the statutes are repealed.
AB696-engrossed, s. 82 20Section 82. 196.50 (1) (b) 3. of the statutes is renumbered 196.50 (1) (b).
AB696-engrossed, s. 83 21Section 83. 196.50 (2) (a) of the statutes is amended to read:
AB696-engrossed,28,2422 196.50 (2) (a) Alternative telecommunications utilities shall be certified under
23s. 196.203. All Except as provided in par. (j) 1. a., all other telecommunications
24utilities shall be certified under this subsection.
AB696-engrossed, s. 83m 25Section 83m. 196.50 (2) (b) of the statutes is amended to read:
AB696-engrossed,29,10
1196.50 (2) (b) A certificate, franchise, license or permit, indeterminate or
2otherwise, in effect on September 1, 1994, for a telecommunications utility shall
3remain in effect and shall have the effect of a certificate of authority. A
4telecommunications utility is not required to apply for a new certificate of authority
5to continue offering or providing service to the extent of the prior authorization. Each
6telecommunications utility, including telecommunications cooperatives and
7unincorporated telecommunications cooperative associations, shall have on file with
8the commission under s. 196.19 a tariff that sets forth the rates, terms and conditions
9for all services provided and
a map that defines the geographical limits of the service
10territory that the telecommunications utility is obliged to serve.
AB696-engrossed, s. 84 11Section 84. 196.50 (2) (f) of the statutes is amended to read:
AB696-engrossed,29,1912 196.50 (2) (f) The commission shall issue a certificate of authority or an
13amended certificate of authority if it finds, after notice and opportunity for hearing,
14that the applicant possesses sufficient technical, financial and managerial resources
15to provide telecommunications service to any person within the identified geographic
16area. In making this determination, the commission shall consider the factors
17identified in s. 196.03 (6). The commission may order the applicant to satisfy any
18conditions that the commission considers to be necessary to protect the public
19interest, including structural safeguards.
AB696-engrossed, s. 85 20Section 85. 196.50 (2) (g) 3. of the statutes is repealed.
AB696-engrossed, s. 86 21Section 86. 196.50 (2) (h) of the statutes is repealed.
AB696-engrossed, s. 87 22Section 87. 196.50 (2) (i) of the statutes is created to read:
AB696-engrossed,30,1523 196.50 (2) (i) A telecommunications utility certified under this subsection is
24exempt from all provisions of ch. 201 and is exempt from ss. 196.02 (2); 196.03, except
25with respect to wholesale telecommunications services; 196.05; 196.06; 196.07;

1196.09; 196.10; 196.12; 196.13; 196.19; 196.20; 196.21; 196.22; 196.28, except with
2respect to wholesale telecommunications services; 196.37, except with respect to
3wholesale telecommunications services; 196.49; 196.52; 196.58; 196.60; 196.78; and
4196.79; except that with respect only to its switched access services, a
5telecommunications utility certified under this subsection with 50,000 or less access
6lines in this state is not exempt from s. 196.03; and except that, with respect only to
7its switched access services, a telecommunications utility certified under this
8subsection with more than 50,000 and less than 150,000 access lines in this state is
9not exempt from ss. 196.03 and 196.37. The intrastate access service rates of a
10telecommunications utility with 150,000 or more access lines in this state may not
11exceed the telecommunications utility's interstate access service rates for similar
12access services, except that such a telecommunications utility shall not assess an
13intrastate carrier common line charge or a substitute charge. Except to enforce this
14paragraph, the commission may not review or set the access rates for a
15telecommunications utility with 150,000 or more access lines.
AB696-engrossed, s. 88 16Section 88. 196.50 (2) (j) of the statutes is created to read:
AB696-engrossed,30,1817 196.50 (2) (j) 1. A telecommunications utility certified under this subsection
18may do any of the following:
AB696-engrossed,31,219 a. Provide notice to the commission to terminate the certification under this
20subsection and certify the telecommunications utility as an alternative
21telecommunications utility under s. 196.203. No later than 30 days after receiving
22notice under this subdivision, the commission shall issue an order granting a
23certification under s. 196.203. Except as provided in subds. 4. and 5., the granting
24of such certification shall operate to terminate the certification under this subsection
25and all regulatory requirements related to the certification under this subsection,

1including all such requirements imposed by the certification under this subsection
2or imposed by order or otherwise by the commission.
AB696-engrossed,31,233 b. Provide notice to the commission to recertify the telecommunications utility
4under this subsection and impose on the telecommunications utility only those
5provisions of this chapter specified in this paragraph. No later than 30 days after
6receiving notice under this subd. 1. b., the commission shall issue an order granting
7recertification under this subsection and imposing on the telecommunications utility
8those provisions of this chapter specified in s. 196.203 (4m) (a) that are imposed on
9all alternative telecommunications utilities under s. 196.203 (3). The
10telecommunications utility shall be exempt from all provisions of ch. 201 and this
11chapter, except ss. 196.025 (6) and 196.206, and except as provided in subds. 4. and
125., and except as provided in the order under this subd. 1. b.; and except that, if the
13telecommunications utility has 50,000 or less access lines in this state, then, only
14with respect to its switched access services, the telecommunications utility is not
15exempt from s. 196.03; and except that, if the telecommunications utility has more
16than 50,000 and less than 150,000 access lines in this state, then, only with respect
17to its switched access services, the telecommunications utility is not exempt from ss.
18196.03 and 196.37. Except as provided in subds. 4. and 5., the granting of the
19recertification shall operate to terminate the telecommunications utility's prior
20certification, and all regulatory requirements related to the prior certification,
21including all such requirements imposed by the certification and all requirements
22imposed by the commission, whether by statute or commission rule or order, on the
23telecommunications utility are terminated on the effective date of the order.
AB696-engrossed,32,3
12. Issuance of a commission order under subd. 1. shall operate as a limited
2waiver of the telecommunications utility's right to an exemption under 47 USC 251
3(f) (1), which shall apply only to all of the following:
AB696-engrossed,32,44a. The requirements of 47 USC 251 (c) (1) and (2).
AB696-engrossed,32,65b. The requirements of 47 USC 251 (c) (5), but only with respect to the
6requirements of 47 CFR 51.325 (a) (1) and (2).
AB696-engrossed,32,107 3. Issuance of a commission order under subd. 1. shall operate as a limited
8waiver of the telecommunications utility's right to petition the commission for
9suspension or modification under 47 USC 251 (f) (2), which shall apply only to all of
10the following:
AB696-engrossed,32,1111a. The requirements of 47 USC 251 (b) and (c) (1) and (2).
AB696-engrossed,32,1312b. The requirements of 47 USC 251 (c) (5), but only with respect to the
13requirements of 47 CFR 51.325 (a) (1) and (2).
AB696-engrossed,32,1714 4. Regardless of whether a telecommunications utility certified under this
15subsection takes an action allowed under subd. 1., the telecommunications utility is
16subject, with respect to its wholesale telecommunications services, to all provisions
17specified in s. 196.203 (4m) (a) and (c).
AB696-engrossed,32,2018 5. This paragraph does not terminate any order of the commission regarding
19interconnection, unbundling, collocation, or any other obligation under 47 USC 251,
20or regarding wholesale telecommunications services.
AB696-engrossed, s. 88m 21Section 88m. 196.503 of the statutes is created to read:
AB696-engrossed,32,23 22196.503 Telecommunications provider of last resort obligations. (1)
23Definitions.
In this section:
AB696-engrossed,33,424 (a) "Basic voice service" means the provision to residential and small business
25customers of 2-way voice communication within a local calling area. "Basic voice

1service" includes extended community calling and extended area service. "Basic
2voice service" does not include the offering of Internet access service or any
3discretionary or optional services that may be provided to a residential or small
4business customer.
AB696-engrossed,33,65 (b) "Incumbent local exchange carrier" has the meaning given in 47 USC 251
6(h).
AB696-engrossed,33,87 (c) "Small business customer" means a business having 3 or fewer telephone
8numbers assigned to it.
AB696-engrossed,33,18 9(2) Incumbent local exchange carrier obligations. (a) Notwithstanding any
10other provision in this chapter, and except as provided in sub. (3), an incumbent local
11exchange carrier shall make basic voice service available to all residential and small
12business customers within a local exchange area in which it operates as an
13incumbent local exchange carrier. In making basic voice service available to a
14customer under this paragraph, an incumbent local exchange carrier shall provide
15the customer the ability to utilize a dial-up Internet access service or an equivalent
16service and an incumbent local exchange carrier may, but is not required to, offer
17Internet access service or any discretionary or optional services in a bundle or a
18package.
AB696-engrossed,33,2119 (b) An incumbent local exchange carrier may satisfy its obligations under par.
20(a) through an affiliate and through the use of interconnected voice over Internet
21protocol service or any available technology or mode.
AB696-engrossed,33,23 22(3) Waivers. (a) An incumbent local exchange carrier may apply to the
23commission for a waiver from compliance with sub. (2) (a) in a local exchange area.
AB696-engrossed,33,2524 (b) The commission shall grant a waiver requested under par. (a) for a local
25exchange area if any of the following are satisfied:
AB696-engrossed,34,3
11. The commission finds that the incumbent local exchange carrier
2demonstrates that the waiver is in the public interest or that effective competition
3exists for basic voice service in the local exchange.
AB696-engrossed,34,64 2. The commission has made a previous finding of effective competition under
5s. 196.195 (2) for basic local exchange service in the local exchange. The commission
6may not grant a waiver under this subdivision until after May 1, 2011.
AB696-engrossed,34,97 (c) The commission's review of a waiver requested under par. (a) shall be
8strictly limited to determining whether any of the criteria specified in par. (b) 1. or
92. is satisfied.
AB696-engrossed,34,1410 (d) 1. Within 120 days of the filing of a waiver request based on par. (b) 1., the
11commission shall grant or deny the request and, if denied, the commission shall issue
12a written decision identifying the reasons for its denial. If the commission fails to
13grant or deny the waiver request within 120 days of its filing, the commission is
14considered to have granted the waiver.
AB696-engrossed,34,1715 2. The commission shall grant a waiver based on par. (b) 2. as soon as the
16commission verifies that the commission has previously made the finding specified
17in par. (b) 2.
AB696-engrossed,34,22 18(4) Effect on other requirements. (a) Notwithstanding any other provision
19of this chapter, a commission decision prior to the effective date of this paragraph ....
20[LRB inserts date], eliminating an incumbent local exchange carrier's provider of
21last resort obligations, by operation of law or otherwise, remains in force and in effect
22as to the elimination of those obligations.
AB696-engrossed,35,223 (b) Except to enforce this section, nothing in this section provides the
24commission with any authority to regulate, or any jurisdiction over, incumbent local

1exchange carriers and the rates, terms, and conditions of their services that the
2commission does not otherwise have under this chapter.
AB696-engrossed,35,3 3(5) Sunset. This section does not apply after April 30, 2015.
AB696-engrossed, s. 89 4Section 89. 196.52 (3) (b) 1. of the statutes is amended to read:
AB696-engrossed,35,145 196.52 (3) (b) 1. The requirement for written approval under par. (a) shall not
6apply to any contract or arrangement if the amount of consideration involved is not
7in excess of $25,000 or 5% of the equity of the public utility, whichever is smaller. The
8requirement under par. (a) also does not apply to a telecommunications utility
9contract or arrangement or
to contracts or arrangements with joint local water
10authorities under s. 66.0823. Regularly recurring payments under a general or
11continuing arrangement which aggregate a greater annual amount may not be
12broken down into a series of transactions to come within the exemption under this
13paragraph. Any transaction exempted under this paragraph shall be valid or
14effective without commission approval under this section.
AB696-engrossed, s. 90 15Section 90. 196.52 (3) (c) (intro.) of the statutes is amended to read:
AB696-engrossed,35,1816 196.52 (3) (c) (intro.) If the value of a contract or arrangement between an
17affiliated interest and a public utility, other than a telecommunications utility,
18exceeds $1,000,000, the commission:
AB696-engrossed, s. 91 19Section 91. 196.52 (5) (a) of the statutes is renumbered 196.52 (5).
AB696-engrossed, s. 92 20Section 92. 196.52 (5) (b) of the statutes is repealed.
AB696-engrossed, s. 93 21Section 93. 196.52 (6) of the statutes is amended to read:
AB696-engrossed,36,522 196.52 (6) If the commission finds upon investigation that a public utility, other
23than a telecommunications utility,
is giving effect to a contract or arrangement
24without the commission's approval under this section, the commission shall issue a
25summary order directing that public utility to cease and desist from making any

1payments, receiving compensation, providing any service or otherwise giving any
2effect to the contract or arrangement until the contract or arrangement receives the
3approval of the commission. The circuit court of Dane County may enforce the order
4to cease and desist by appropriate process, including the issuance of a preliminary
5injunction, upon the suit of the commission.
AB696-engrossed, s. 94 6Section 94. 196.52 (9) (e) of the statutes is amended to read:
AB696-engrossed,36,107 196.52 (9) (e) Notwithstanding sub. (5) (a), the commission may not modify or
8terminate a leased generation contract approved under sub. (3) except as specified
9in the leased generation contract or the commission's order approving the leased
10generation contract.
AB696-engrossed, s. 95 11Section 95. 196.60 (1) (a) of the statutes is amended to read:
AB696-engrossed,36,2012 196.60 (1) (a) Except as provided under sub. (2), no No public utility and no
13agent, as defined in s. 196.66 (3) (a), or officer of a public utility, directly or indirectly,
14may charge, demand, collect or receive from any person more or less compensation
15for any service rendered or to be rendered by it in or affecting or relating to the
16production, transmission, delivery or furnishing of heat, light, water,
17telecommunications service or power or for any service in connection therewith, than
18that prescribed in the published schedules or tariffs then in force, or established
19under this chapter, or than it charges, demands, collects or receives from any other
20person for a like contemporaneous service.
AB696-engrossed, s. 96 21Section 96. 196.60 (2) of the statutes is repealed.
AB696-engrossed, s. 97 22Section 97. 196.604 of the statutes is amended to read:
AB696-engrossed,37,6 23196.604 Rebates, concessions and discriminations unlawful. No person
24may knowingly solicit, accept or receive any rebate, concession or discrimination
25from a public utility for any service in or affecting or relating to the production,

1transmission, delivery or furnishing of heat, light, water or power or the conveying
2of telecommunications messages
within this state or for any connected service
3whereby the service is rendered or is to be rendered free or at a rate less than the rate
4named in the schedules and tariffs in force, or whereby any other service or
5advantage is received. Any person violating this section shall be fined not less than
6$50 nor more than $5,000 for each offense.
AB696-engrossed, s. 98 7Section 98. 196.77 of the statutes is repealed.
AB696-engrossed, s. 99 8Section 99. 196.79 (1) of the statutes is renumbered 196.79 and amended to
9read:
AB696-engrossed,37,15 10196.79 Reorganization subject to commission approval. Except as
11provided in sub. (2), the
The reorganization of any public utility shall be subject to
12the supervision and control of the commission. No reorganization may take effect
13without the written approval of the commission. The commission may not approve
14any plan of reorganization unless the applicant for approval establishes that the plan
15of reorganization is consistent with the public interest.
AB696-engrossed, s. 100 16Section 100. 196.79 (2) of the statutes is repealed.
AB696-engrossed, s. 101 17Section 101. 196.805 of the statutes is repealed.
AB696-engrossed, s. 102 18Section 102. 196.975 (1) of the statutes is renumbered 196.975 (1r) and
19amended to read:
AB696-engrossed,38,320 196.975 (1r) One hundred fifty or more consumers, as defined in s. 196.213 (1)
21(a) 1.,
who are residents of the same local exchange area for telecommunications
22service may file with the commission a petition requesting that commission staff, in
23cooperation with the affected telecommunications utilities and telecommunications
24carriers, petition the appropriate federal district court to include their local exchange
25area in a different local access and transport area. The petitioners shall include with

1the petition information explaining why the current boundaries of the local access
2and transport area which includes their local exchange area does not adequately
3reflect areas of common social, economic and other concerns.
AB696-engrossed, s. 102e 4Section 102e. 196.975 (1g) of the statutes is created to read:
AB696-engrossed,38,85 196.975 (1g) In this section, "consumer" means a person billed for one or more
6local telecommunications service access lines not to exceed one person per access
7line. A person billed for more than one access line may not be considered a consumer
8for each access line for which he or she is billed.
AB696-engrossed, s. 102m 9Section 102m. 196.975 (2) of the statutes is amended to read:
AB696-engrossed,38,1510 196.975 (2) After receiving a petition under sub. (1) (1r), the commission shall
11schedule a public hearing, to be held in the local exchange area of the petitioners,
12serving to receive testimony on the contents of the petition and any other matters
13deemed relevant by the commission. The commission shall publish a class 1 notice
14under ch. 985 in a newspaper serving the local exchange area at least 20 days prior
15to the hearing.
AB696-engrossed, s. 102s 16Section 102s. 201.15 of the statutes is repealed.
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