AB696: Bill Text Engrossed

AB696-engrossed,22,17 196.204 (title) Local government telecommunications utilities.

AB696-engrossed, s. 48 Section 48. 196.204 (1) of the statutes is repealed.

AB696-engrossed, s. 49 Section 49. 196.204 (2) of the statutes is repealed.

AB696-engrossed, s. 50 Section 50. 196.204 (3) of the statutes is repealed.

AB696-engrossed, s. 51 Section 51. 196.204 (4) of the statutes is repealed.

AB696-engrossed, s. 52 Section 52. 196.204 (5) (ag) of the statutes is renumbered 196.204 (1m) and 196.204 (1m) (intro.), as renumbered, is amended to read:

AB696-engrossed,22,24 196.204 (1m) (intro.) In this subsection section:

AB696-engrossed, s. 53 Section 53. 196.204 (5) (ar) of the statutes is renumbered 196.204 (2m) and 196.204 (2m) (a), (b) (intro.) and (c) (intro.), as renumbered, are amended to read:

AB696-engrossed,23,9 196.204 (2m) (a) In addition to the other requirements of this section, each Each telecommunications service, relevant group of services and basic network function offered or used by a local government telecommunications utility shall be priced to exceed its total service long-run incremental cost. The commission may waive the applicability of this subdivision to a nongovernmental telecommunications utility's basic local exchange service if the commission determines that a waiver is consistent with the factors under s. 196.03 (6).

AB696-engrossed,23,18 (b) (intro.) For purposes of subd. 1. par. (a), the total service long-run incremental cost of a local government telecommunications utility shall take into account, by imputation or allocation, equivalent charges for all taxes, pole rentals, rights-of-way, licenses, and similar costs that are incurred by nongovernmental telecommunications utilities. This subdivision paragraph does not apply to a local government telecommunications utility that is subject to the exemption under s. 66.0422 (3n). This subdivision paragraph also does not apply to a telecommunications service, relevant group of services, or basic network function if all of the following conditions apply:

AB696-engrossed,23,22 (c) (intro.) Subdivision 2. Paragraph (b) does not apply to a telecommunications service, relevant group of services, or basic network function, that is used to provide broadband service and that is offered by a municipal telecommunications utility, if all of the following apply:

AB696-engrossed, s. 54 Section 54. 196.204 (5) (b) of the statutes is repealed.

AB696-engrossed, s. 55 Section 55. 196.204 (6) of the statutes is repealed.

AB696-engrossed, s. 55m Section 55m. 196.205 of the statutes is repealed.

AB696-engrossed, s. 58 Section 58. 196.206 of the statutes is created to read:

AB696-engrossed,24,6 196.206 Interconnected voice over Internet protocol service. (1) Exemption. Interconnected voice over Internet protocol service is not subject to ch. 201 or this chapter, except as provided in this section, and except as provided in ss. 196.016, 196.025 (6), 196.218 (3), and 196.859, and except as required for the commission to enforce ss. 196.016, 196.025 (6), 196.218 (3), and 196.859.

AB696-engrossed,24,15 (2) Universal service fund. A communications provider, as defined in s. 196.025 (6) (a) 1., that provides interconnected voice over Internet protocol service in this state shall make contributions to the universal service fund based on its revenues from providing such service. The revenues shall be calculated using direct assignment, a provider-specific traffic study, the inverse of the interstate jurisdictional allocation established by the federal communications commission for the purpose of federal universal service assessments, or any other reasonable assignment. Direct assignment or traffic studies shall be based on the primary physical service address identified by the customer.

AB696-engrossed,24,19 (3) Intrastate access rates. Unless otherwise provided under federal law, interconnected voice over Internet protocol services shall be subject to intrastate access charges to the same extent that telecommunications services are subject to such charges.

AB696-engrossed, s. 60 Section 60. 196.213 of the statutes is repealed.

AB696-engrossed, s. 61 Section 61. 196.215 of the statutes is repealed.

AB696-engrossed, s. 62 Section 62. 196.218 (1) (a) of the statutes is created to read:

AB696-engrossed,24,25 196.218 (1) (a) "Essential telecommunications services" means services or functionalities determined by the federal communications commission to be eligible for support by federal universal service support mechanisms.

AB696-engrossed, s. 64 Section 64. 196.218 (3) (a) 3m. of the statutes is amended to read:

AB696-engrossed,25,7 196.218 (3) (a) 3m. Contributions under this paragraph may be based only on the gross operating revenues from the provision of broadcast services identified by the commission under subd. 2. and on intrastate telecommunications services in this state of the telecommunications providers subject to the contribution. Contributions based on revenues from interconnected voice over Internet protocol service shall be calculated as provided under s. 196.206 (2).

AB696-engrossed, s. 65 Section 65. 196.218 (3) (f) of the statutes is amended to read:

AB696-engrossed,25,17 196.218 (3) (f) Notwithstanding ss. 196.196 (1) and (5) (d) 2., 196.20 (2m), (5) and (6), 196.213 and 196.215, a A telecommunications utility that provides local exchange service may make adjustments to local exchange service rates for the purpose of recovering its contributions to the universal service fund required under this subsection. A telecommunications utility that adjusts local exchange service rates for the purpose of recovering such contributions shall identify on customer bills a single amount that is the total amount of the adjustment. The public service commission shall provide telecommunications utilities the information necessary to identify such amounts on customer bills.

AB696-engrossed, s. 66 Section 66. 196.218 (4) of the statutes is repealed and recreated to read:

AB696-engrossed,26,2 196.218 (4) Essential telecommunications services. Each telecommunications provider that provides basic local exchange service or that is designated as an eligible telecommunications carrier pursuant to 47 USC 214 (e) (2) shall make available to its customers all essential telecommunications services. A telecommunications provider may satisfy this subsection by providing essential telecommunications services itself or through an affiliate and in either case may provide essential telecommunications services through the use of any available technology or mode.

AB696-engrossed, s. 68 Section 68. 196.218 (5r) (title) of the statutes is amended to read:

AB696-engrossed,26,4 196.218 (5r) (title) Annual report reports.

AB696-engrossed, s. 69 Section 69. 196.218 (5r) (a) 4. of the statutes is amended to read:

AB696-engrossed,26,11 196.218 (5r) (a) 4. An assessment of how successful investments identified in s. 196.196 (5) (f), assistance provided by the universal service fund, and price regulation and other alternative incentive regulations of telecommunications utilities designed to promote competition have been in advancing the public interest goals identified under s. 196.03 (6), and recommendations for further advancing those goals.

AB696-engrossed, s. 71 Section 71. 196.219 (1) (b) of the statutes is amended to read:

AB696-engrossed,26,15 196.219 (1) (b) "Local exchange service" has the meaning given in s. 196.50 (1) (b) 1. includes access service, basic local exchange service, and business access line and usage service within a local calling area.

AB696-engrossed, s. 71e Section 71e. 196.219 (2) (a) of the statutes is amended to read:

AB696-engrossed,26,22 196.219 (2) (a) Notwithstanding any exemptions identified in this chapter except s. ss. 196.202, 196.203, 196.206, and 196.50, a telecommunications utility or provider shall provide protection to its consumers under this section unless exempted in whole or in part by rule or order of the commission under this section. The commission shall promulgate rules that identify the conditions under which provisions of this section may be suspended.

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.