2015 - 2016 LEGISLATURE
January 29, 2016 - Introduced by Representatives Quinn, E. Brooks, Tranel,
VanderMeer, Bernier, Kulp, Mursau, Novak, Krug, T. Larson, Nerison,
Spiros, Edming, Ripp, Swearingen, Petryk, Czaja, Kitchens, Tauchen, A. Ott
and Macco, cosponsored by Senators Marklein, Harsdorf, Roth, Gudex and
Tiffany. Referred to Committee on Mining and Rural Development.
AB820,1,5 1An Act to amend 196.504 (title), 196.504 (1) (a) 3., 196.504 (2) (c) and 196.85
2(1m) (b); and to create 196.504 (1) (ae), 196.504 (3), 196.504 (4), 196.504 (5),
3196.504 (6), 196.504 (7), 196.504 (8) and 196.504 (9) of the statutes; relating
4to:
duties of the Public Service Commission under the broadband expansion
5grant program and certification of political subdivisions under that program.
Analysis by the Legislative Reference Bureau
This bill imposes certain duties on the Public Service Commission regarding
broadband infrastructure. Current law requires the PSC to designate areas of the
state that are served by fewer than two broadband service providers as underserved
areas and make grants for constructing broadband infrastructure in those areas in
accordance with specified priorities. The bill requires the PSC to encourage the
development of broadband infrastructure in those areas. The bill also requires the
PSC to provide comprehensive information concerning permits required for
broadband network projects and related business activities in the state. In addition,
the PSC must work with other state and local agencies to encourage timely and
efficient issuance of permits and resolution of related issues, as well as encourage
local and federal government agencies to coordinate activities related to approving
applications and issuing permits related to broadband network projects.
The bill imposes additional priorities on the PSC in making the grants
described above. Under the bill, the PSC must give priority to projects that promote
economic development. Also, the PSC must give priority to projects in a city, village,

town, or county (political subdivision) that the PSC has certified as a Broadband
Forward! community. To be eligible for that certification, a political subdivision must
enact an ordinance for reviewing applications and issuing permits related to
broadband network projects. The ordinance must provide for all of the following: a
single point of contact; specified deadlines on the political subdivision's
consideration of applications; specified requirements on the denial and approval of
applications; filing by electronic or another means authorized by the PSC; and
reasonable fees. The bill allows the PSC to develop a model ordinance that complies
with the bill's requirements. If a political subdivision enacts an ordinance that is
different from a model ordinance, the bill requires the political subdivision, when
applying for certification, to submit a written statement describing the ordinance
and how it differs from the model ordinance.
The bill requires the PSC to prescribe the form and manner for political
subdivisions to apply for certification. The PSC must also prescribe a process for
public notice and comment on applications for a period of at least 30 days, and the
PSC must consider any public comments before making a certification. However, the
process for public notice and comment does not apply to an application by a political
subdivision that enacts a model ordinance developed by the PSC or submits the
written statement described above.
The bill imposes the following prohibitions on a political subdivision that the
PSC certifies as a Broadband Ready! community: requiring designation of a final
contractor to complete a broadband network project; imposing application fees that
exceed $100; imposing unreasonable fees; imposing moratoriums on applications,
permits, or construction related to broadband network projects; discriminating
among public utilities and certain other entities; requiring applicants to provide any
service to the political subdivision, and, except for reasonable fees, requiring an
applicant to make any payment to or on behalf of the political subdivision.
Also, the bill allows the PSC to decertify a political subdivision upon the request
of a broadband service provider if the political subdivision fails to comply with an
ordinance described above, modifies the ordinance, or violates a prohibition
described above. In addition, the bill allows the PSC to hear complaints that a fee
under an ordinance is unreasonable. In a proceeding on such a complaint, the bill
specifies that a political subdivision has the burden of proving reasonableness.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB820,1 1Section 1. 196.504 (title) of the statutes is amended to read:
AB820,2,3 2196.504 (title) Broadband expansion grant program; Broadband
3Forward! community certification
.
AB820,2
1Section 2. 196.504 (1) (a) 3. of the statutes is amended to read:
AB820,3,32 196.504 (1) (a) 3. A city, village, town, or county political subdivision that
3submits an application in partnership with an eligible applicant under subd. 1. or 2.
AB820,3 4Section 3. 196.504 (1) (ae) of the statutes is created to read:
AB820,3,55 196.504 (1) (ae) "Political subdivision" means a city, village, town, or county.
AB820,4 6Section 4. 196.504 (2) (c) of the statutes, as affected by 2015 Wisconsin Act 55,
7is amended to read:
AB820,3,178 196.504 (2) (c) To establish criteria for evaluating applications and awarding
9grants under this section. The criteria shall prohibit grants that have the effect of
10subsidizing the expenses of a provider of telecommunication provider
11telecommunications service, as defined in s. 182.017 (1g) (cq), or the monthly bills of
12telecommunications customers of those providers. The criteria shall give priority to
13projects that include matching funds, that involve public-private partnerships, that
14affect areas with no broadband service providers, that are scalable, that promote
15economic development, that are in a political subdivision certified as a Broadband
16Forward! community under sub. (4),
or that affect a large geographic area or a large
17number of underserved individuals or communities.
AB820,5 18Section 5. 196.504 (3) of the statutes is created to read:
AB820,3,2019 196.504 (3) The commission shall encourage the development of broadband
20infrastructure in underserved areas of the state and do all of the following:
AB820,3,2321 (a) Provide comprehensive information concerning permits required for
22broadband network projects and related business activities in the state and make
23this information available to any person.
AB820,4,3
1(b) Work with other state and local government offices, departments, and
2administrative entities to encourage timely and efficient issuance of permits and
3resolution of related issues.
AB820,4,64 (c) Encourage local and federal government agencies to coordinate activities
5related to approving applications and issuing permits related to broadband network
6projects.
AB820,6 7Section 6. 196.504 (4) of the statutes is created to read:
AB820,4,198 196.504 (4) A political subdivision may apply to the commission for
9certification as a Broadband Forward! community. The commission shall prescribe
10the form and manner for making an application. The commission shall prescribe a
11process for public notice and comment on an application for a period of at least 30
12days after the application is received, except that the process does not apply to an
13application by a political subdivision that enacts a model ordinance developed under
14sub. (9) (a) or submits a written statement under sub. (9) (b). The commission shall
15approve an application and certify a political subdivision as a Broadband Forward!
16community if the commission determines that the political subdivision has enacted
17an ordinance that complies with sub. (5). If the process for public notice and comment
18applies to an application, the commission shall, before approving the application,
19consider any public comments made regarding the application.
AB820,7 20Section 7. 196.504 (5) of the statutes is created to read:
AB820,4,2421 196.504 (5) A political subdivision may not be certified as a Broadband
22Forward! community under sub. (4) unless the political subdivision enacts an
23ordinance for reviewing applications and issuing permits related to broadband
24network projects that provides for all of the following:
AB820,5,2
1(a) Appointing a single point of contact for all matters related to a broadband
2network project.
AB820,5,53 (b) Requiring the political subdivision to determine whether an application is
4complete and notifying the applicant about the determination in writing within 10
5days of receiving the application.
AB820,5,86 (c) If the political subdivision does not believe that an application is complete,
7requiring the written notification under par. (b) to specify in detail the required
8information that is incomplete.
AB820,5,119 (d) If the political subdivision does not make the written notification required
10under par. (b), requiring the political subdivision to consider an application to be
11complete.
AB820,5,1312 (e) Allowing an applicant to resubmit an application as often as necessary until
13the application is complete.
AB820,5,1614 (f) Within 45 days of receiving an application that is complete, requiring the
15political subdivision to approve or deny the application and provide the applicant
16written notification of the approval or denial.
AB820,5,1917 (g) If the political subdivision denies an application, requiring the political
18subdivision to include in the written notification under par. (f) substantial evidence
19that supports the denial.
AB820,5,2220 (h) Requiring that an application is considered approved and any required
21permit is issued if the political subdivision does not provide the written notification
22under par. (f).
AB820,5,2523 (i) Providing that any fee imposed by the political subdivision to review an
24application, issue a permit, or perform any other activity related to a broadband
25network project is reasonable.
AB820,6,3
1(k) Allowing all forms, applications, and documentation related to a broadband
2network project to be filed and signed by electronic or another means authorized by
3the commission.
AB820,8 4Section 8. 196.504 (6) of the statutes is created to read:
AB820,6,65 196.504 (6) A political subdivision that the commission has certified as a
6Broadband Forward! community under sub. (4) may not do any of the following:
AB820,6,87 (a) Require an applicant to designate a final contractor to complete a
8broadband network project.
AB820,6,119 (b) Impose an unreasonable fee to review an application or issue a permit for
10a broadband network project application. Any application fee that exceeds $100 is
11considered unreasonable.
AB820,6,1412 (c) Impose a moratorium of any kind on the approval of applications and
13issuance of permits for broadband network projects or on construction related to
14broadband network projects.
AB820,6,1915 (d) Discriminate among providers of telecommunications service, as defined in
16s. 182.017 (1g) (cq), or public utilities with respect to any action described in this
17section or otherwise related to a broadband network project, including granting
18access to public rights-of-way, infrastructure and poles, river and bridge crossings,
19or any other physical assets owned or controlled by the political subdivision.
AB820,6,2220 (e) As a condition for approving an application or issuing a permit for a
21broadband network project or for any other purpose, require the applicant to do any
22of the following:
AB820,6,2423 1. Provide any service or make available any part of the broadband network
24project to the political subdivision.
AB820,7,2
12. Except for reasonable fees allowed under sub. (5) (i), make any payment to
2or on behalf of the political subdivision.
AB820,9 3Section 9. 196.504 (7) of the statutes is created to read:
AB820,7,74 196.504 (7) Upon the request of a broadband service provider, the commission
5may decertify a political subdivision as a Broadband Forward! community if the
6political subdivision fails to comply with or modifies the ordinance required for
7certification under sub. (4) or violates sub. (6).
AB820,10 8Section 10. 196.504 (8) of the statutes is created to read:
AB820,7,149 196.504 (8) Upon a complaint that an application fee under an ordinance
10required for certification under sub. (4) is unreasonable, the commission shall
11determine whether the fee is reasonable. In the proceeding for making that
12determination, the political subdivision has the burden of proving the
13reasonableness of any function undertaken by the political subdivision as part of the
14application process and the reasonableness of the costs of those functions.
AB820,11 15Section 11. 196.504 (9) of the statutes is created to read:
AB820,7,1816 196.504 (9) (a) The commission may develop a model ordinance that complies
17with sub. (5) for a political subdivision to review applications and issue permits
18related to broadband network projects.
AB820,7,2319 (b) If the commission develops a model ordinance under par. (a) and a political
20subdivision enacts a different ordinance that complies with sub. (5), the political
21subdivision shall, when applying for certification under sub. (4), provide the
22commission with a written statement that describes the ordinance and how the
23ordinance differs from the model ordinance.
AB820,12 24Section 12. 196.85 (1m) (b) of the statutes is amended to read:
AB820,8,3
1196.85 (1m) (b) For the purpose of direct assessment under sub. (1) of expenses
2incurred by the commission in connection with its activities under s. 196.04 (2) or (4),
3the term "public utility" includes a video service provider.
AB820,8,44 (End)
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