AB696: Bill Text Engrossed

AB696-engrossed, s. 71g Section 71g. 196.219 (2m) of the statutes is repealed.

AB696-engrossed, s. 71m Section 71m. 196.219 (2r) of the statutes is created to read:

AB696-engrossed,27,4 196.219 (2r) Switched access service rates. Any reduction in switched access service rates ordered by the commission prior to the effective date of this subsection .... [LRB inserts date], including any reduction ordered pursuant to s. 196.195, shall remain effective unless modified by the commission in a subsequent order.

AB696-engrossed, s. 71s Section 71s. 196.219 (3) (h) of the statutes is repealed.

AB696-engrossed, s. 72 Section 72. 196.26 (1) (a) of the statutes is amended to read:

AB696-engrossed,27,10 196.26 (1) (a) A complaint filed with the commission that any rate, toll, charge, or schedule, joint rate, regulation, measurement, act, or practice relating to the provision of heat, light, water, or power, or telecommunications service is unreasonable, inadequate, unjustly discriminatory, or cannot be obtained.

AB696-engrossed, s. 73 Section 73. 196.26 (4) of the statutes is repealed.

AB696-engrossed, s. 74m Section 74m. 196.28 (4) of the statutes is amended to read:

AB696-engrossed,27,16 196.28 (4) This section does not apply to rates, tolls or charges of a telecommunications cooperative, an unincorporated telecommunications cooperative association, or a small telecommunications utility except as provided in s. 196.205 or 196.215 (2).

AB696-engrossed, s. 75 Section 75. 196.31 (1m) of the statutes is amended to read:

AB696-engrossed,27,20 196.31 (1m) The commission shall compensate any consumer group or consumer representative for all reasonable costs of participating in a hearing under s. 196.196 (1) (g) or 196.198.

AB696-engrossed, s. 76 Section 76. 196.37 (3) of the statutes is amended to read:

AB696-engrossed,28,2 196.37 (3) Any public utility to which an order under this section applies shall make such changes in schedules on file under s. 196.19 to make the schedules conform to the order. The public utility may not make any subsequent change in rates, tolls or charges without the approval of the commission , except as provided in s. 196.205 or 196.215 (2).

AB696-engrossed, s. 77m Section 77m. 196.37 (4) of the statutes is amended to read:

AB696-engrossed,28,7 196.37 (4) This section does not apply to rates, tolls or charges of a telecommunications cooperative, an unincorporated telecommunications cooperative association, or a small telecommunications utility except as provided in s. 196.205 or 196.215 (2).

AB696-engrossed, s. 78 Section 78. 196.49 (1) (ag) of the statutes is repealed.

AB696-engrossed, s. 79 Section 79. 196.49 (3) (b) (intro.) of the statutes is amended to read:

AB696-engrossed,28,14 196.49 (3) (b) (intro.) Except as provided in par. (d), the The commission may require by rule or special order under par. (a) that no project may proceed until the commission has certified that public convenience and necessity require the project. The commission may refuse to certify a project if it appears that the completion of the project will do any of the following:

AB696-engrossed, s. 80 Section 80. 196.49 (3) (d) of the statutes is repealed.

AB696-engrossed, s. 80m Section 80m. 196.50 (title) of the statutes is amended to read:

AB696-engrossed,28,18 196.50 (title) Competing public utilities; indeterminate permits, telecommunications; telecommunications utility certification.

AB696-engrossed, s. 81 Section 81. 196.50 (1) (b) 1. and 2. of the statutes are repealed.

AB696-engrossed, s. 82 Section 82. 196.50 (1) (b) 3. of the statutes is renumbered 196.50 (1) (b).

AB696-engrossed, s. 83 Section 83. 196.50 (2) (a) of the statutes is amended to read:

AB696-engrossed,28,24 196.50 (2) (a) Alternative telecommunications utilities shall be certified under s. 196.203. All Except as provided in par. (j) 1. a., all other telecommunications utilities shall be certified under this subsection.

AB696-engrossed, s. 83m Section 83m. 196.50 (2) (b) of the statutes is amended to read:

AB696-engrossed,29,10 196.50 (2) (b) A certificate, franchise, license or permit, indeterminate or otherwise, in effect on September 1, 1994, for a telecommunications utility shall remain in effect and shall have the effect of a certificate of authority. A telecommunications utility is not required to apply for a new certificate of authority to continue offering or providing service to the extent of the prior authorization. Each telecommunications utility, including telecommunications cooperatives and unincorporated telecommunications cooperative associations, shall have on file with the commission under s. 196.19 a tariff that sets forth the rates, terms and conditions for all services provided and a map that defines the geographical limits of the service territory that the telecommunications utility is obliged to serve.

AB696-engrossed, s. 84 Section 84. 196.50 (2) (f) of the statutes is amended to read:

AB696-engrossed,29,19 196.50 (2) (f) The commission shall issue a certificate of authority or an amended certificate of authority if it finds, after notice and opportunity for hearing, that the applicant possesses sufficient technical, financial and managerial resources to provide telecommunications service to any person within the identified geographic area. In making this determination, the commission shall consider the factors identified in s. 196.03 (6). The commission may order the applicant to satisfy any conditions that the commission considers to be necessary to protect the public interest, including structural safeguards.

AB696-engrossed, s. 85 Section 85. 196.50 (2) (g) 3. of the statutes is repealed.

AB696-engrossed, s. 86 Section 86. 196.50 (2) (h) of the statutes is repealed.

AB696-engrossed, s. 87 Section 87. 196.50 (2) (i) of the statutes is created to read:

AB696-engrossed,30,15 196.50 (2) (i) A telecommunications utility certified under this subsection is exempt from all provisions of ch. 201 and is exempt from ss. 196.02 (2); 196.03, except with respect to wholesale telecommunications services; 196.05; 196.06; 196.07; 196.09; 196.10; 196.12; 196.13; 196.19; 196.20; 196.21; 196.22; 196.28, except with respect to wholesale telecommunications services; 196.37, except with respect to wholesale telecommunications services; 196.49; 196.52; 196.58; 196.60; 196.78; and 196.79; except that with respect only to its switched access services, a telecommunications utility certified under this subsection with 50,000 or less access lines in this state is not exempt from s. 196.03; and except that, with respect only to its switched access services, a telecommunications utility certified under this subsection with more than 50,000 and less than 150,000 access lines in this state is not exempt from ss. 196.03 and 196.37. The intrastate access service rates of a telecommunications utility with 150,000 or more access lines in this state may not exceed the telecommunications utility's interstate access service rates for similar access services, except that such a telecommunications utility shall not assess an intrastate carrier common line charge or a substitute charge. Except to enforce this paragraph, the commission may not review or set the access rates for a telecommunications utility with 150,000 or more access lines.

AB696-engrossed, s. 88 Section 88. 196.50 (2) (j) of the statutes is created to read:

AB696-engrossed,30,18 196.50 (2) (j) 1. A telecommunications utility certified under this subsection may do any of the following:

AB696-engrossed,31,2 a. Provide notice to the commission to terminate the certification under this subsection and certify the telecommunications utility as an alternative telecommunications utility under s. 196.203. No later than 30 days after receiving notice under this subdivision, the commission shall issue an order granting a certification under s. 196.203. Except as provided in subds. 4. and 5., the granting of such certification shall operate to terminate the certification under this subsection and all regulatory requirements related to the certification under this subsection, including all such requirements imposed by the certification under this subsection or imposed by order or otherwise by the commission.

AB696-engrossed,31,23 b. Provide notice to the commission to recertify the telecommunications utility under this subsection and impose on the telecommunications utility only those provisions of this chapter specified in this paragraph. No later than 30 days after receiving notice under this subd. 1. b., the commission shall issue an order granting recertification under this subsection and imposing on the telecommunications utility those provisions of this chapter specified in s. 196.203 (4m) (a) that are imposed on all alternative telecommunications utilities under s. 196.203 (3). The telecommunications utility shall be exempt from all provisions of ch. 201 and this chapter, except ss. 196.025 (6) and 196.206, and except as provided in subds. 4. and 5., and except as provided in the order under this subd. 1. b.; and except that, if the telecommunications utility has 50,000 or less access lines in this state, then, only with respect to its switched access services, the telecommunications utility is not exempt from s. 196.03; and except that, if the telecommunications utility has more than 50,000 and less than 150,000 access lines in this state, then, only with respect to its switched access services, the telecommunications utility is not exempt from ss. 196.03 and 196.37. Except as provided in subds. 4. and 5., the granting of the recertification shall operate to terminate the telecommunications utility's prior certification, and all regulatory requirements related to the prior certification, including all such requirements imposed by the certification and all requirements imposed by the commission, whether by statute or commission rule or order, on the telecommunications utility are terminated on the effective date of the order.

AB696-engrossed,32,3 2. Issuance of a commission order under subd. 1. shall operate as a limited waiver of the telecommunications utility's right to an exemption under 47 USC 251 (f) (1), which shall apply only to all of the following:

AB696-engrossed,32,4 a. The requirements of 47 USC 251 (c) (1) and (2).

AB696-engrossed,32,6 b. The requirements of 47 USC 251 (c) (5), but only with respect to the requirements of 47 CFR 51.325 (a) (1) and (2).

AB696-engrossed,32,10 3. Issuance of a commission order under subd. 1. shall operate as a limited waiver of the telecommunications utility's right to petition the commission for suspension or modification under 47 USC 251 (f) (2), which shall apply only to all of the following:

AB696-engrossed,32,11 a. The requirements of 47 USC 251 (b) and (c) (1) and (2).

AB696-engrossed,32,13 b. The requirements of 47 USC 251 (c) (5), but only with respect to the requirements of 47 CFR 51.325 (a) (1) and (2).

AB696-engrossed,32,17 4. Regardless of whether a telecommunications utility certified under this subsection takes an action allowed under subd. 1., the telecommunications utility is subject, with respect to its wholesale telecommunications services, to all provisions specified in s. 196.203 (4m) (a) and (c).

AB696-engrossed,32,20 5. This paragraph does not terminate any order of the commission regarding interconnection, unbundling, collocation, or any other obligation under 47 USC 251, or regarding wholesale telecommunications services.

AB696-engrossed, s. 88m Section 88m. 196.503 of the statutes is created to read:

AB696-engrossed,32,23 196.503 Telecommunications provider of last resort obligations. (1) Definitions. In this section:

AB696-engrossed,33,4 (a) "Basic voice service" means the provision to residential and small business customers of 2-way voice communication within a local calling area. "Basic voice service" includes extended community calling and extended area service. "Basic voice service" does not include the offering of Internet access service or any discretionary or optional services that may be provided to a residential or small business customer.

AB696-engrossed,33,6 (b) "Incumbent local exchange carrier" has the meaning given in 47 USC 251 (h).

AB696-engrossed,33,8 (c) "Small business customer" means a business having 3 or fewer telephone numbers assigned to it.

AB696-engrossed,33,18 (2) Incumbent local exchange carrier obligations. (a) Notwithstanding any other provision in this chapter, and except as provided in sub. (3), an incumbent local exchange carrier shall make basic voice service available to all residential and small business customers within a local exchange area in which it operates as an incumbent local exchange carrier. In making basic voice service available to a customer under this paragraph, an incumbent local exchange carrier shall provide the customer the ability to utilize a dial-up Internet access service or an equivalent service and an incumbent local exchange carrier may, but is not required to, offer Internet access service or any discretionary or optional services in a bundle or a package.

AB696-engrossed,33,21 (b) An incumbent local exchange carrier may satisfy its obligations under par. (a) through an affiliate and through the use of interconnected voice over Internet protocol service or any available technology or mode.

AB696-engrossed,33,23 (3) Waivers. (a) An incumbent local exchange carrier may apply to the commission for a waiver from compliance with sub. (2) (a) in a local exchange area.

AB696-engrossed,33,25 (b) The commission shall grant a waiver requested under par. (a) for a local exchange area if any of the following are satisfied:

AB696-engrossed,34,3 1. The commission finds that the incumbent local exchange carrier demonstrates that the waiver is in the public interest or that effective competition exists for basic voice service in the local exchange.

AB696-engrossed,34,6 2. The commission has made a previous finding of effective competition under s. 196.195 (2) for basic local exchange service in the local exchange. The commission may not grant a waiver under this subdivision until after May 1, 2011.

AB696-engrossed,34,9 (c) The commission's review of a waiver requested under par. (a) shall be strictly limited to determining whether any of the criteria specified in par. (b) 1. or 2. is satisfied.

AB696-engrossed,34,14 (d) 1. Within 120 days of the filing of a waiver request based on par. (b) 1., the commission shall grant or deny the request and, if denied, the commission shall issue a written decision identifying the reasons for its denial. If the commission fails to grant or deny the waiver request within 120 days of its filing, the commission is considered to have granted the waiver.

AB696-engrossed,34,17 2. The commission shall grant a waiver based on par. (b) 2. as soon as the commission verifies that the commission has previously made the finding specified in par. (b) 2.

AB696-engrossed,34,22 (4) Effect on other requirements. (a) Notwithstanding any other provision of this chapter, a commission decision prior to the effective date of this paragraph .... [LRB inserts date], eliminating an incumbent local exchange carrier's provider of last resort obligations, by operation of law or otherwise, remains in force and in effect as to the elimination of those obligations.

AB696-engrossed,35,2 (b) Except to enforce this section, nothing in this section provides the commission with any authority to regulate, or any jurisdiction over, incumbent local exchange carriers and the rates, terms, and conditions of their services that the commission does not otherwise have under this chapter.

AB696-engrossed,35,3 (5) Sunset. This section does not apply after April 30, 2015.

AB696-engrossed, s. 89 Section 89. 196.52 (3) (b) 1. of the statutes is amended to read:

AB696-engrossed,35,14 196.52 (3) (b) 1. The requirement for written approval under par. (a) shall not apply to any contract or arrangement if the amount of consideration involved is not in excess of $25,000 or 5% of the equity of the public utility, whichever is smaller. The requirement under par. (a) also does not apply to a telecommunications utility contract or arrangement or to contracts or arrangements with joint local water authorities under s. 66.0823. Regularly recurring payments under a general or continuing arrangement which aggregate a greater annual amount may not be broken down into a series of transactions to come within the exemption under this paragraph. Any transaction exempted under this paragraph shall be valid or effective without commission approval under this section.

AB696-engrossed, s. 90 Section 90. 196.52 (3) (c) (intro.) of the statutes is amended to read:

AB696-engrossed,35,18 196.52 (3) (c) (intro.) If the value of a contract or arrangement between an affiliated interest and a public utility, other than a telecommunications utility, exceeds $1,000,000, the commission:

AB696-engrossed, s. 91 Section 91. 196.52 (5) (a) of the statutes is renumbered 196.52 (5).

AB696-engrossed, s. 92 Section 92. 196.52 (5) (b) of the statutes is repealed.

AB696-engrossed, s. 93 Section 93. 196.52 (6) of the statutes is amended to read:

AB696-engrossed,36,5 196.52 (6) If the commission finds upon investigation that a public utility, other than a telecommunications utility, is giving effect to a contract or arrangement without the commission's approval under this section, the commission shall issue a summary order directing that public utility to cease and desist from making any payments, receiving compensation, providing any service or otherwise giving any effect to the contract or arrangement until the contract or arrangement receives the approval of the commission. The circuit court of Dane County may enforce the order to cease and desist by appropriate process, including the issuance of a preliminary injunction, upon the suit of the commission.

AB696-engrossed, s. 94 Section 94. 196.52 (9) (e) of the statutes is amended to read:

AB696-engrossed,36,10 196.52 (9) (e) Notwithstanding sub. (5) (a), the commission may not modify or terminate a leased generation contract approved under sub. (3) except as specified in the leased generation contract or the commission's order approving the leased generation contract.

AB696-engrossed, s. 95 Section 95. 196.60 (1) (a) of the statutes is amended to read:

AB696-engrossed,36,20 196.60 (1) (a) Except as provided under sub. (2), no No public utility and no agent, as defined in s. 196.66 (3) (a), or officer of a public utility, directly or indirectly, may charge, demand, collect or receive from any person more or less compensation for any service rendered or to be rendered by it in or affecting or relating to the production, transmission, delivery or furnishing of heat, light, water, telecommunications service or power or for any service in connection therewith, than that prescribed in the published schedules or tariffs then in force, or established under this chapter, or than it charges, demands, collects or receives from any other person for a like contemporaneous service.

AB696-engrossed, s. 96 Section 96. 196.60 (2) of the statutes is repealed.

AB696-engrossed, s. 97 Section 97. 196.604 of the statutes is amended to read:

AB696-engrossed,37,6 196.604 Rebates, concessions and discriminations unlawful. No person may knowingly solicit, accept or receive any rebate, concession or discrimination from a public utility for any service in or affecting or relating to the production, transmission, delivery or furnishing of heat, light, water or power or the conveying of telecommunications messages within this state or for any connected service whereby the service is rendered or is to be rendered free or at a rate less than the rate named in the schedules and tariffs in force, or whereby any other service or advantage is received. Any person violating this section shall be fined not less than $50 nor more than $5,000 for each offense.

AB696-engrossed, s. 98 Section 98. 196.77 of the statutes is repealed.

AB696-engrossed, s. 99 Section 99. 196.79 (1) of the statutes is renumbered 196.79 and amended to read:

AB696-engrossed,37,15 196.79 Reorganization subject to commission approval. Except as provided in sub. (2), the The reorganization of any public utility shall be subject to the supervision and control of the commission. No reorganization may take effect without the written approval of the commission. The commission may not approve any plan of reorganization unless the applicant for approval establishes that the plan of reorganization is consistent with the public interest.

AB696-engrossed, s. 100 Section 100. 196.79 (2) of the statutes is repealed.

AB696-engrossed, s. 101 Section 101. 196.805 of the statutes is repealed.

AB696-engrossed, s. 102 Section 102. 196.975 (1) of the statutes is renumbered 196.975 (1r) and amended to read:

AB696-engrossed,38,3 196.975 (1r) One hundred fifty or more consumers, as defined in s. 196.213 (1) (a) 1., who are residents of the same local exchange area for telecommunications service may file with the commission a petition requesting that commission staff, in cooperation with the affected telecommunications utilities and telecommunications carriers, petition the appropriate federal district court to include their local exchange area in a different local access and transport area. The petitioners shall include with the petition information explaining why the current boundaries of the local access and transport area which includes their local exchange area does not adequately reflect areas of common social, economic and other concerns.

AB696-engrossed, s. 102e Section 102e. 196.975 (1g) of the statutes is created to read:

AB696-engrossed,38,8 196.975 (1g) In this section, "consumer" means a person billed for one or more local telecommunications service access lines not to exceed one person per access line. A person billed for more than one access line may not be considered a consumer for each access line for which he or she is billed.

AB696-engrossed, s. 102m Section 102m. 196.975 (2) of the statutes is amended to read:

AB696-engrossed,38,15 196.975 (2) After receiving a petition under sub. (1) (1r), the commission shall schedule a public hearing, to be held in the local exchange area of the petitioners, serving to receive testimony on the contents of the petition and any other matters deemed relevant by the commission. The commission shall publish a class 1 notice under ch. 985 in a newspaper serving the local exchange area at least 20 days prior to the hearing.

AB696-engrossed, s. 102s Section 102s. 201.15 of the statutes is repealed.