LRB-4875/1
KP:skw
2019 - 2020 LEGISLATURE
February 20, 2020 - Introduced by Senators Smith, Ringhand, Hansen, Erpenbach,
Johnson and Miller, cosponsored by Representatives Vruwink, Milroy,
Doyle, Anderson, Considine, Emerson, Hebl, Kolste, Ohnstad, Pope,
Sargent, Sinicki, Spreitzer, Stubbs and Subeck. Referred to Committee on
Utilities and Housing.
SB838,1,3 1An Act to amend 196.504 (2) (a); and to create 20.155 (3) (g), 196.504 (1) (aa),
2196.504 (2g) and 196.504 (2r) of the statutes; relating to: requirements for
3broadband expansion grants and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill makes changes to the broadband expansion grant program
administered by the Public Service Commission. Under current law, the PSC makes
grants to eligible applicants for constructing broadband infrastructure in
underserved areas. The bill defines “broadband infrastructure,” which is not defined
under current law, as infrastructure that provides broadband service at the following
speeds, whichever is faster: 1) a minimum download speed of 25 megabits per second
and a minimum upload speed of 3 megabits per second or 2) minimum download and
upload speeds designated by the Federal Communications Commission under
federal law. Under the bill, infrastructure is eligible for a broadband expansion grant
only if it satisfies the foregoing definition. The bill requires an applicant for a grant
to specify the broadband infrastructure the applicant intends to construct with a
grant and also requires a grant recipient to reimburse the PSC for the grant if 1) the
person fails to complete construction of the infrastructure or 2) the infrastructure
that is constructed fails to provide the foregoing minimum download or upload
speeds. Any reimbursed amounts are used to make additional grants.
In addition, the bill requires grant recipients to submit reports to the PSC on
the progress of broadband infrastructure construction, the number of broadband
service connections provided by that infrastructure, and the average download and

upload speeds for those service connections. Finally, beginning on January 1, 2021,
the bill requires the Legislative Audit Bureau to conduct biennial performance
audits of the broadband expansion grant program.
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:
SB838,1 1Section 1. 20.155 (3) (g) of the statutes is created to read:
SB838,2,42 20.155 (3) (g) Broadband expansion grants; program revenue funding. All
3moneys received as broadband grant reimbursements under s. 196.504 (2g) (c) for
4making broadband expansion grants under s. 196.504.
SB838,2 5Section 2. 196.504 (1) (aa) of the statutes is created to read:
SB838,2,76 196.504 (1) (aa) “Broadband infrastructure” means infrastructure for the
7provision of broadband service at the following speeds, whichever is faster:
SB838,2,98 1. A minimum download speed of 25 megabits per second and a minimum
9upload speed of 3 megabits per second.
SB838,2,1310 2. The minimum upload and download speeds for advanced
11telecommunications capability as designated by the federal communications
12commission in its inquiries regarding advanced telecommunications capability
13under 47 USC 1302 (b).
SB838,3 14Section 3. 196.504 (2) (a) of the statutes is amended to read:
SB838,3,215 196.504 (2) (a) To make broadband expansion grants to eligible applicants for
16the purpose of constructing broadband infrastructure in underserved areas
17designated under par. (d). An eligible applicant shall specify in its application for a
18grant the broadband infrastructure the applicant intends to construct with the

1grant.
Grants awarded under this section shall be paid from the appropriations
2under s. 20.155 (3) (g), (r) and (rm).
SB838,4 3Section 4. 196.504 (2g) of the statutes is created to read:
SB838,3,84 196.504 (2g) (a) The commission shall require persons who receive grants
5under sub. (2) (a) to submit reports to the commission on the progress of construction
6activities for infrastructure specified in grant applications, the number of broadband
7service connections provided by that infrastructure after construction is completed,
8and the average download and upload speeds for those service connections.
SB838,3,109 (b) A person who receives a grant under sub. (2) (a) shall reimburse the
10commission an amount equal to the grant if any of the following applies:
SB838,3,1211 1. The person fails to complete construction of broadband infrastructure that
12is specified in the person's application under sub. (2) (a).
SB838,3,1413 2. The infrastructure constructed with the grant fails to provide broadband
14service at speeds specified in sub. (1) (aa).
SB838,3,1815 (c) The commission shall promulgate rules for submitting reports under par.
16(a) and making reimbursements under par. (b). If a person fails to make a
17reimbursement as required under the rules, the person is not eligible for any other
18grant under sub. (2) (a).
SB838,5 19Section 5. 196.504 (2r) of the statutes is created to read:
SB838,3,2220 196.504 (2r) Biennially, beginning on January 1, 2021, the legislative audit
21bureau shall conduct a performance evaluation audit of the broadband expansion
22grant program under sub. (2).
SB838,3,2323 (End)
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