SB13,14,75 196.04 (1) (a) 4. "Transmission equipment and property" means any conduit,
6subway, pole, tower, transmission wire, or other equipment on, over, or under any
7right-of-way owned or controlled by a political subdivision, street, or highway.
SB13, s. 15 8Section 15. 196.04 (1) (a) 3. of the statutes is created to read:
SB13,14,109 196.04 (1) (a) 3. "Political subdivision" means any county, city, village, or town
10or public utility owned or operated by any county, city, village, or town.
SB13, s. 16 11Section 16. 196.04 (1) (b) 1. of the statutes is amended to read:
SB13,14,1812 196.04 (1) (b) 1. Any person who owns transmission equipment and property
13shall permit, for reasonable compensation, the use of the transmission equipment
14and property, including an attachment to a pole, by any public utility, video service
15provider,
or telecommunications provider if public convenience and necessity require
16such use and if the use will not result in irreparable injury to any owner or user of
17the transmission equipment and property or in any substantial detriment to the
18service to be rendered by the owner or user.
SB13, s. 17 19Section 17. 196.04 (2) of the statutes is amended to read:
SB13,15,1420 196.04 (2) If there is a failure to agree upon the use of transmission equipment
21and property under sub. (1) or the conditions or compensation for the use, or if there
22is a failure to agree upon the physical connections or the terms and conditions upon
23which the physical connections shall be made, any public utility, any video service
24provider,
telecommunications provider, or any other interested person interested
25may apply to the commission. If, after investigation, the commission determines

1that public convenience and necessity require the use of the transmission equipment
2and property
or the physical connections and that the use or physical connections
3will not result in irreparable injury to the owner or other users of the transmission
4equipment and property or of the facilities of the public utility, video service provider,
5or telecommunications provider
or in any substantial detriment to the service to be
6rendered by the owner or the public utility, video service provider,
7telecommunications provider,
or other users of the transmission equipment and
8property or facilities, the commission, by order, shall direct that the use of the
9transmission equipment and property
be permitted and that the physical
10connections be made. The commission shall prescribe reasonable conditions and
11compensation for the use of the transmission equipment and property and shall
12determine how and within what time the physical connections shall be made and by
13whom the expense of making and maintaining the physical connections shall be paid.
14An order under this subsection may be revised by the commission.
SB13, s. 18 15Section 18. 196.09 (1) of the statutes is amended to read:
SB13,16,216 196.09 (1) In this section, "public utility" does not include a
17telecommunications cooperative or an unincorporated telecommunications
18cooperative association except as provided under s. 196.205. In subs. (2) to (7),
19"public utility" does not include a telecommunications utility. Subsection (9) only
20applies to a telecommunications utility
. Every public utility shall file with the
21commission, within such time as may be required by the commission, its estimate of
22the annual rate of depreciation required for each of its classes of fixed capital used
23for public utility purposes, and of the composite annual rate of depreciation required
24for such fixed capital as an aggregate, which shall constitute the public utility's

1estimates of the amount which should be returned to it out of its rates for service, to
2meet the depreciation of its property.
SB13, s. 19 3Section 19. 196.09 (9) of the statutes is repealed.
SB13, s. 20 4Section 20. 196.11 (2) of the statutes is amended to read:
SB13,16,135 196.11 (2) Any arrangement under this section shall be under the supervision
6and regulation of the commission. The commission may order any rate, charge or
7regulation which the commission deems necessary to give effect to the arrangement.
8The commission may make any change in a rate, charge or regulation as the
9commission determines is necessary and reasonable and may revoke its approval
10and amend or rescind all orders relative to any arrangement. This subsection does
11not apply to telecommunications cooperatives, unincorporated telecommunications
12cooperative associations, or telecommunications utilities except as provided in s.
13196.205
.
SB13, s. 21 14Section 21. 196.13 (2) of the statutes is amended to read:
SB13,16,1915 196.13 (2) The commission shall publish in its reports the value of all the
16property actually used and useful for the convenience of the public of a public utility,
17other than a telecommunications utility,
if the commission has held a hearing on the
18public utility's rates, charges, service or regulations or if the commission has
19otherwise determined the value of the public utility's property.
SB13, s. 22 20Section 22. 196.19 (1m) of the statutes is repealed.
SB13, s. 23 21Section 23. 196.19 (5) of the statutes is repealed.
SB13, s. 24 22Section 24. 196.191 of the statutes is created to read:
SB13,17,15 23196.191 Telecommunications utility and alternative
24telecommunications utility tariffs.
(1) No later than the 90th day beginning
25after the effective date of this subsection .... [LRB inserts date], any

1telecommunications utility or alternative telecommunications utility that provides
2intrastate switched access service within this state shall at all times have on file with
3the commission a tariff showing all rates, tolls, and charges that it has established
4and that are in force for such intrastate switched access service. The absence of such
5a tariff before the 90th day beginning after the effective date of this subsection ....
6[LRB inserts date], shall not prohibit a telecommunications utility or alternative
7telecommunications utility from charging intrastate switched access rates for any
8intrastate switched access service that it provides, or limit or excuse any entity from
9its obligation to pay intrastate switched access rates, provided that such intrastate
10switched access rates comply with the requirements of ss. 196.212 and 196.219 (2r).
11A telecommunications utility or alternative telecommunications utility may not
12withdraw a tariff for switched access service once the tariff is in effect. Except as
13allowed under this section or to comply with ss. 196.212 and 196.219 (2r), a
14telecommunications utility or alternative telecommunications utility may not file to
15change the rates, tolls, and charges shown in a tariff for switched access service.
SB13,17,18 16(2) Except as provided in this section and s. 196.212, notwithstanding anything
17in this chapter to the contrary, any telecommunications utility or alternative
18telecommunications utility may do any of the following:
SB13,18,319 (a) Retain on file with the commission tariffs already on file with the
20commission as of the effective date of this paragraph .... [LRB inserts date], showing
21the rates, tolls, and charges and the terms and conditions that the
22telecommunications utility or alternative telecommunications utility has
23established as of the effective date of this paragraph .... [LRB inserts date], for some
24or all of the services performed by the telecommunications utility or alternative
25telecommunications utility within the state or for any service in connection

1therewith or performed by any telecommunications utility or alternative
2telecommunications utility controlled or operated by the telecommunications utility
3or alternative telecommunications utility.
SB13,18,114 (b) File with the commission new tariffs showing the rates, tolls, and charges
5and the terms and conditions that the telecommunications utility or alternative
6telecommunications utility has established, as provided in the tariff filings, for some
7or all of the services performed by the telecommunications utility or alternative
8telecommunications utility within the state or for any service in connection
9therewith or performed by any telecommunications utility or alternative
10telecommunications utility controlled or operated by the telecommunications utility
11or alternative telecommunications utility.
SB13,18,1312 (c) Except as provided in sub. (1), withdraw a tariff for any service by providing
13notice to the commission.
SB13,18,1814 (d) 1. Except as provided in subd. 2., change the rates, tolls, and charges and
15the terms and conditions of a tariff on file with the commission by filing a revised
16tariff with the commission. Except as provided in subd. 2., a proposed change in a
17tariff shall be effective at the time specified in the revised tariff as filed with the
18commission.
SB13,18,2519 2. No change in a tariff that constitutes an increase in intrastate switched
20access rates may be made unless the change is consistent with the public interest
21factors set forth in s. 196.03 (6) and does not violate ss. 196.212 and 196.219 (2r) and
22the commission by order, after investigation and opportunity for a hearing, approves
23the change, except that an increase in intrastate switched access rates shall be
24effective at the time specified in the revised tariff as filed with the commission, if
25either of the following is satisfied:
SB13,19,3
1a. The increase results in the intrastate switched access rates mirroring the
2interstate switched access rates for the telecommunications utility or alternative
3telecommunications utility.
SB13,19,94 b. If the telecommunications utility or alternative telecommunications utility
5is a small telecommunications utility, the increase does not violate s. 196.212 or
6196.219 (2r), does not exceed, in any 12-month period, the percentage increase in the
7U.S. consumer price index for all urban consumers, U.S. city average, for the
8previous year, and is not greater than the corresponding increase in interstate
9switched access rates for the small telecommunications utility.
SB13,19,12 10(3) (a) Except as provided in par. (b), if a telecommunications utility or
11alternative telecommunications utility files a new tariff under sub. (2) (b), all of the
12following apply:
SB13,19,1813 1. The new tariff shall become effective on the date specified in the tariff, unless
14the commission suspends the operation of the new tariff upon serving a written
15notice of the suspension on the telecommunications utility or alternative
16telecommunications utility within 10 days after the date of filing. The notice shall
17include a statement of the reason under subd. 2. upon which the commission believes
18the tariff may be modified.
SB13,19,2219 2. The commission may modify the new tariff after an opportunity for a hearing
20only to the extent that the tariff violates s. 196.209, 196.212, or 196.219 and only to
21the extent that s. 196.209, 196.212, or 196.219 applies to the telecommunications
22utility or alternative telecommunications utility.
SB13,20,323 3. If the commission does not conduct a hearing under subd. 2., the commission
24shall issue its final order within 60 days after issuing the notice of suspension under
25subd. 1. If the commission conducts a hearing, the commission shall issue its final

1order within 120 days after issuing the notice of suspension under subd. 1. If a final
2order is not issued within the time limits specified in this subdivision, the new tariff
3becomes effective as filed.
SB13,20,154 (b) If a telecommunications utility or alternative telecommunications utility
5files a new tariff under sub. (2) (b) to comply with sub. (1) for intrastate switched
6access service that includes intrastate switched access rates higher than the
7intrastate switched access rates it charged on January 1, 2011, the tariff shall not
8be effective unless the new tariff is consistent with the public interest factors set
9forth in s. 196.03 (6) and does not violate s. 196.212 or 196.219 (2r) and the
10commission by order, after investigation and opportunity for a hearing, approves the
11new tariff and rates, except that an increase in intrastate switched access rates shall
12be effective at the time specified in the new tariff as filed with the commission if sub.
13(2) (d) 2. a. is satisfied or, if the telecommunications utility or alternative
14telecommunications utility is a small telecommunications utility, sub. (2) (d) 2. a. or
15b. is satisfied.
SB13,20,18 16(4) Nothing in this section shall give the commission jurisdiction over the rates,
17tolls, and charges or the terms and conditions of any service that is not subject to a
18tariff under this section.
SB13,20,22 19(5) Every telecommunications utility or alternative telecommunications utility
20that files a tariff with the commission under this section shall include all rates, tolls,
21and charges and all terms and conditions that apply to the services specified in the
22tariff.
SB13,21,2 23(6) Nothing in this chapter prohibits a tariff for a service that permits a
24telecommunications utility or alternative telecommunications utility to enter into a

1contract with a customer for that tariffed service that includes rates, tolls, and
2charges and terms and conditions that are different from those in the tariff.
SB13,21,7 3(7) Except as provided in sub. (6), no telecommunications utility or alternative
4telecommunications utility may charge, demand, collect, or receive more or less
5compensation for any service for which a tariff is filed under this section than is
6specified in the tariff, as may at the time be in force, or demand, collect, or receive
7any rate, toll, or charge for such service not specified in the tariff.
SB13,21,9 8(8) A copy of the tariffs filed under this section shall be made available to
9consumers in a form and place readily accessible to the public.
SB13, s. 25 10Section 25. 196.194 (title) of the statutes is repealed.
SB13, s. 26 11Section 26. 196.194 (1) of the statutes is repealed.
SB13, s. 27 12Section 27. 196.194 (2) of the statutes is renumbered 196.194 and amended
13to read:
SB13,22,11 14196.194 Gas utilities utility individual contracts. Nothing in ss. 196.03,
15196.19, 196.20, 196.21, 196.22, 196.37, 196.60, 196.604 and 196.625 prohibits the
16commission from approving the filing of a tariff which permits a gas utility to enter
17into an individual contract with an individual customer if the term of the contract
18is no more than 5 years, or a longer period approved by the commission, and if the
19commission determines that substitute gas services are available to customers or
20potential customers of the gas utility and the absence of such a tariff will cause the
21gas utility to be disadvantaged in competing for business. A tariff filed under this
22subsection section shall include the condition that any such contract shall be
23compensatory. The tariff shall include any other condition and procedure required
24by the commission in the public interest. Within 20 days after a contract authorized
25under this subsection section or an amendment to such a contract has been executed,

1the gas utility shall submit the contract to the commission. The commission shall
2give notice to any person, upon request, that a contract authorized under this
3subsection section has been received by the commission. The notice shall identify the
4gas utility that has entered into the contract. Within 6 months after receiving
5substantial evidence that a contract may be noncompensatory, or upon its own
6motion, the commission shall investigate and determine whether the contract is
7compensatory. If the commission determines that the contract is noncompensatory,
8the commission may make appropriate adjustments in the rates or tariffs of the gas
9utility that has entered into the contract, in addition to other remedies under this
10chapter. The dollar amount of the adjustment may not be less than the amount by
11which the contract was found to be noncompensatory.
SB13, s. 28 12Section 28. 196.195 of the statutes is repealed and recreated to read:
SB13,22,22 13196.195 Alternative telecommunications regulation plans. Any
14telecommunications utility that as of the effective date of this section .... [LRB inserts
15date], is subject to an alternative regulation plan approved by the commission under
16s. 196.195, 2009 stats., shall remain regulated pursuant to such alternative
17regulation plan to the extent that the alternative regulation plan is not inconsistent
18with ss. 196.191 and 196.212, unless the telecommunications utility terminates the
19alternative regulation plan pursuant to the terms and conditions of the plan. If such
20an inconsistency exists, the requirements of ss. 196.191 and 196.212 shall apply to
21the intrastate switched access rates and intrastate switched access service tariff
22filings of such a telecommunications utility.
SB13, s. 29 23Section 29. 196.196 of the statutes is repealed.
SB13, s. 30 24Section 30. 196.198 (2) (a) of the statutes is renumbered 196.198 (2) and
25amended to read:
SB13,23,6
1196.198 (2) Except as provided in sub. (3), a telecommunications utility that
2has more than 150,000 access lines in use in this state or a telecommunications
3provider that has more than 150,000 access lines in use in this state may not charge
4a residential customer for basic local exchange service based on the duration of a call
5or on the time of day that a call is made. This paragraph subsection does not apply
6to an extended community telephone service.
SB13, s. 31 7Section 31. 196.198 (2) (b) of the statutes is repealed.
SB13, s. 32 8Section 32. 196.198 (3) (intro.) of the statutes is amended to read:
SB13,23,129 196.198 (3) (intro.) The commission may suspend the application of sub. (2) (a)
10in a particular geographical area for a telecommunications utility or a
11telecommunications provider if, after a contested case hearing, the commission
12determines that all of the following apply:
SB13, s. 33 13Section 33. 196.198 (3) (a) of the statutes is amended to read:
SB13,23,1514 196.198 (3) (a) Failure to suspend the application of sub. (2) (a) makes
15competition in that geographical area impractical.
SB13, s. 34 16Section 34. 196.198 (3) (b) (intro.) of the statutes is amended to read:
SB13,23,1817 196.198 (3) (b) (intro.) Suspending the application of sub. (2) (a) is beneficial
18to all of the following groups:
SB13, s. 35 19Section 35. 196.20 (1) of the statutes is amended to read:
SB13,24,320 196.20 (1) The rate schedules of any public utility shall include all rules
21applicable to the rendition or discontinuance of the service to which the rates
22specified in the schedules are applicable. No change may be made by any public
23utility in its schedules except by filing the change as proposed with the commission.
24Except for a telecommunications utility, no No change in any public utility rule which
25purports to curtail the obligation or undertaking of service of the public utility shall

1be effective without the written approval of the commission after hearing, except
2that the commission, by emergency order, may make the rule, as filed, effective from
3the date of the order, pending final approval of the rule after hearing.
SB13, s. 36 4Section 36. 196.20 (1m) of the statutes is repealed.
SB13, s. 37 5Section 37. 196.20 (2) (a) (intro.) of the statutes is amended to read:
SB13,24,96 196.20 (2) (a) (intro.) Except for a telecommunications utility, a A proposed
7change which constitutes a decrease in rates shall be effective at the time specified
8in the change as filed but not earlier than 10 days after the date of filing the change
9with the commission, unless any of the following occurs:
SB13, s. 38 10Section 38. 196.20 (2) (am) of the statutes is repealed.
SB13, s. 39 11Section 39. 196.20 (2m) of the statutes is amended to read:
SB13,24,1812 196.20 (2m) Except as provided under sub. (5) and ss. s. 196.193, 196.195 (12)
13and 196.196
, no change in schedules which constitutes an increase in rates to
14consumers may be made except by order of the commission, after an investigation
15and opportunity for hearing. The commission may waive a hearing under this
16subsection for a proposed change in a telecommunications utility schedule. By rule
17or order, the commission shall specify the notice and procedural requirements
18applicable to a telecommunications utility proposal for which a hearing is waived.
SB13, s. 40 19Section 40. 196.20 (2r) of the statutes is repealed.
SB13, s. 41 20Section 41. 196.20 (3) of the statutes is repealed.
SB13, s. 42 21Section 42. 196.20 (5) of the statutes is repealed.
SB13, s. 43 22Section 43. 196.20 (6) of the statutes is repealed.
SB13, s. 44 23Section 44. 196.202 (2) of the statutes is amended to read:
SB13,25,524 196.202 (2) Scope of regulation. A commercial mobile radio service provider
25is not subject to ch. 201 or this chapter, except as provided in sub. (5), and except that

1a commercial mobile radio service provider is subject to ss. 196.025 (6), 196.218 (3),
2and 196.859, and shall respond, subject to the protection of the commercial mobile
3radio service provider's competitive information, to all reasonable requests for
4information about its operations in this state from the commission necessary to
5administer ss. 196.025 (6), 196.218 (3), and 196.859.
SB13, s. 45 6Section 45. 196.203 (1) of the statutes is renumbered 196.203 (1g) (intro.) and
7amended to read:
SB13,25,108 196.203 (1g) (intro.) Alternative telecommunications utilities are exempt from
9all provisions of ch. 201 and this chapter, except as provided in this section, and
10except that an for all of the following:
SB13,25,12 11(a) An alternative telecommunications utility is subject to s. ss. 196.01,
12196.016,
196.025 (6), and except that an 196.191, 196.206, and 196.212.
SB13,25,15 13(c) An alternative telecommunications utility that is a local government
14telecommunications utility, as defined in s. 196.204 (5) (ag) 1., is subject to s. 196.204
15(5).
SB13, s. 46 16Section 46. 196.203 (1d) of the statutes is created to read:
SB13,25,1817 196.203 (1d) In this section, "local government telecommunications utility"
18has the meaning given in s. 196.204 (1m) (a).
SB13, s. 47 19Section 47. 196.203 (1g) (b) of the statutes is created to read:
SB13,26,220 196.203 (1g) (b) An alternative telecommunications utility certified under this
21section pursuant to s. 196.50 (2) (j) 1. a. is subject to ss. 196.219 (2r) and 196.503, and,
22with respect only to wholesale telecommunications services, is subject to ss. 196.03
23(1) and (6), 196.219 (4), 196.28, and 196.37; and, if such an alternative
24telecommunications utility was regulated as a price-regulated telecommunications
25utility prior to the effective date of this paragraph .... [LRB inserts date], the

1alternative telecommunications utility's intrastate dedicated access rates shall
2mirror its interstate dedicated access rates.
SB13, s. 48 3Section 48. 196.203 (2) of the statutes is renumbered 196.203 (2) (a) and
4amended to read:
SB13,26,105 196.203 (2) (a) No person may commence providing service as an alternative
6telecommunications utility unless the person petitions for and the commission issues
7a determination certification that the person is an alternative telecommunications
8utility or unless the person is a telecommunications utility that the commission
9certifies as an alternative telecommunications utility under this section pursuant to
10s. 196.50 (2) (j) 1. a
.
SB13,26,14 11(6) The commission shall maintain information on authorized certified
12alternative telecommunications utilities and on applicants for alternative
13telecommunications utility status certification and make that information available
14to any person, upon request.
SB13, s. 49 15Section 49. 196.203 (2) (b) of the statutes is created to read:
SB13,26,2116 196.203 (2) (b) Except for an alternative telecommunications utility that is a
17local government telecommunications utility, certification as an alternative
18telecommunications utility shall be on a statewide basis and any certification issued
19by the commission before the effective date of this paragraph .... [LRB inserts date],
20to an alternative telecommunications utility that is not a local government
21telecommunications utility is considered amended to be a statewide certification.
SB13, s. 50 22Section 50. 196.203 (2) (c) of the statutes is created to read:
SB13,27,2023 196.203 (2) (c) An alternative telecommunications utility may provide notice
24to the commission to maintain certification as an alternative telecommunications
25utility but to recertify the alternative telecommunications utility and impose on the

1alternative telecommunications utility only those provisions of this chapter specified
2in this paragraph. No later than 30 days after receiving notice under this paragraph,
3the commission shall issue an order granting recertification and imposing on the
4alternative telecommunications utility those provisions of this chapter specified in
5sub. (4m) (a) that are imposed on all alternative telecommunications utilities under
6sub. (3). The commission may impose a provision of this chapter specified in sub.
7(4m) (b) or (c) if in the public interest. An alternative telecommunications utility for
8which an order of recertification is issued is subject to sub. (1g). The granting of the
9recertification shall operate to terminate the alternative telecommunications
10utility's prior certification. All regulatory requirements in or related to the prior
11certification that are inconsistent with the requirements of or regulation allowed
12under this section, including all such requirements imposed by the certification and
13all such requirements imposed by the commission, whether by statute or commission
14rule or order, on the alternative telecommunications utility are terminated on the
15effective date of the order, unless the alternative telecommunications utility, in its
16notice to the commission seeking recertification under this paragraph, requests to
17remain subject to one or more requirements of its prior certification that do not
18violate the alternative telecommunications utility's requirements and obligations
19under this chapter and the commission does not deny the request in the commission's
20recertification order.
SB13, s. 51 21Section 51. 196.203 (2) (d) of the statutes is created to read:
SB13,28,222 196.203 (2) (d) The commission may deny a petition for certification as an
23alternative telecommunications utility described in s. 196.01 (1d) (f) only if the
24commission finds that the petitioner does not have the financial, managerial, or

1technical capabilities to provide its proposed services or to comply with conditions
2that the commission is authorized to impose under sub. (3).
SB13, s. 52 3Section 52. 196.203 (3) (a) of the statutes is renumbered 196.203 (3) and
4amended to read:
SB13,28,165 196.203 (3) In response to a petition from any interested person, or upon its
6own motion, the commission shall determine whether the public interest requires
7that any a provision of ch. 201 or this chapter specified in sub. (4m) be imposed on
8a person providing or proposing to provide service as an alternative
9telecommunications utility in a relevant market. In making this determination, the
10commission may consider factors including the quality of service, customer
11complaints, concerns about the effect on customers of local exchange
12telecommunications utilities and the extent to which similar services are available

13from alternative sources. If the commission imposes a provision of this chapter
14specified in sub. (4m) (a) on an alternative telecommunications utility under this
15subsection, the commission shall impose the same provision at the same level of
16regulation on all other alternative telecommunications utilities
.
SB13, s. 53 17Section 53. 196.203 (3) (b) of the statutes is repealed.
SB13, s. 54 18Section 54. 196.203 (3) (c) of the statutes is repealed.
SB13, s. 55 19Section 55. 196.203 (3) (d) of the statutes is repealed.
SB13, s. 56 20Section 56. 196.203 (3) (dm) of the statutes is repealed.
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