LRB-6186/1
KP:emw
2021 - 2022 LEGISLATURE
March 10, 2022 - Introduced by Senator Smith, cosponsored by Representative
Vruwink. Referred to Committee on Utilities, Technology and
Telecommunications.
SB1098,1,4 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, granting rule-making authority, and making an
4appropriation.
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, 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 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 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, 2023, 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:
SB1098,1 1Section 1. 20.155 (3) (g) of the statutes is created to read:
SB1098,2,42 20.155 (3) (g) Broadband expansion grants; program revenue funding. All
3moneys received as broadband grant reimbursements under s. 196.504 (2g) (b) for
4making broadband expansion grants under s. 196.504.
SB1098,2 5Section 2. 196.504 (1) (aa) of the statutes is created to read:
SB1098,2,76 196.504 (1) (aa) “Broadband infrastructure” means infrastructure for the
7provision of broadband service at the following speeds, whichever is faster:
SB1098,2,98 1. A minimum download speed of 25 megabits per second and a minimum
9upload speed of 3 megabits per second.
SB1098,2,1310 2. The minimum upload and download speeds for advanced
11telecommunications capability as designated by the federal communications
12commission in its most recent inquiry regarding advanced telecommunications
13capability under 47 USC 1302 (b).
SB1098,3 14Section 3. 196.504 (2) (a) of the statutes, as affected by 2021 Wisconsin Act 58,
15is amended to read:
SB1098,3,316 196.504 (2) (a) To make broadband expansion grants to eligible applicants for
17the purpose of constructing broadband infrastructure in underserved areas
18designated under par. (d). An eligible applicant shall specify in its application for a
19grant the broadband infrastructure the applicant intends to construct with the

1grant.
Grants awarded under this section shall be paid from the appropriations
2under ss. 20.155 (3) (g), (r), and (rm) and 20.866 (2) (z), in the amount allocated under
3s. 20.866 (2) (z) 5.
SB1098,4 4Section 4. 196.504 (2g) of the statutes is created to read:
SB1098,3,105 196.504 (2g) (a) The commission shall require a person who receives a grant
6under sub. (2) (a) to submit reports to the commission on the progress of construction
7activities for the broadband infrastructure specified in the person's grant
8application, the number of broadband service connections provided by that
9infrastructure after construction is completed, and the average download and upload
10speeds for those service connections.
SB1098,3,1211 (b) A person who receives a grant under sub. (2) (a) shall reimburse the
12commission an amount equal to the grant if any of the following applies:
SB1098,3,1413 1. The person fails to complete construction of the broadband infrastructure
14specified in the person's application under sub. (2) (a).
SB1098,3,1615 2. The infrastructure constructed with the grant fails to provide broadband
16service at speeds specified in sub. (1) (aa).
SB1098,3,2017 (c) The commission shall promulgate rules for submitting reports under par.
18(a) and making reimbursements under par. (b). If a person fails to make a
19reimbursement as required under the rules, the person is not eligible for any other
20grant under sub. (2) (a).
SB1098,5 21Section 5. 196.504 (2r) of the statutes is created to read:
SB1098,3,2422 196.504 (2r) Biennially, beginning on January 1, 2023, the legislative audit
23bureau shall conduct a performance evaluation audit of the broadband expansion
24grant program under sub. (2).
SB1098,3,2525 (End)
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