SB469, s. 87 19Section 87. 196.50 (2) (i) of the statutes is created to read:
SB469,29,220 196.50 (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.
SB469, s. 88 3Section 88. 196.50 (2) (j) of the statutes is created to read:
SB469,29,54 196.50 (2) (j) A telecommunications utility certified under this subsection may
5do any of the following:
SB469,29,136 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.
SB469,29,1914 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.
SB469, s. 89 20Section 89. 196.52 (3) (b) 1. of the statutes is amended to read:
SB469,30,521 196.52 (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.
SB469, s. 90 6Section 90. 196.52 (3) (c) (intro.) of the statutes is amended to read:
SB469,30,97 196.52 (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:
SB469, s. 91 10Section 91. 196.52 (5) (a) of the statutes is renumbered 196.52 (5).
SB469, s. 92 11Section 92. 196.52 (5) (b) of the statutes is repealed.
SB469, s. 93 12Section 93. 196.52 (6) of the statutes is amended to read:
SB469,30,2113 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.
SB469, s. 94 22Section 94. 196.52 (9) (e) of the statutes is amended to read:
SB469,31,223 196.52 (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.
SB469, s. 95 3Section 95. 196.60 (1) (a) of the statutes is amended to read:
SB469,31,124 196.60 (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.
SB469, s. 96 13Section 96. 196.60 (2) of the statutes is repealed.
SB469, s. 97 14Section 97. 196.604 of the statutes is amended to read:
SB469,31,23 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.
SB469, s. 98 24Section 98. 196.77 of the statutes is repealed.
SB469, s. 99
1Section 99. 196.79 (1) of the statutes is renumbered 196.79 and amended to
2read:
SB469,32,8 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.
SB469, s. 100 9Section 100. 196.79 (2) of the statutes is repealed.
SB469, s. 101 10Section 101. 196.805 of the statutes is repealed.
SB469, s. 102 11Section 102. 196.975 (1) of the statutes is amended to read:
SB469,32,2112 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.
SB469, s. 103 22Section 103. 201.15 (4) (b) of the statutes is amended to read:
SB469,33,423 201.15 (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.
SB469, s. 104 5Section 104. Nonstatutory provisions.
SB469,33,66 (1) Price-regulated telecommunications utilities.
SB469,33,77 (a) In this subsection:
SB469,33,8 81. "Commission" means the public service commission.
SB469,33,11 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.
SB469,33,1512 (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.
SB469,33,1616 (End)
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