LRB-3394/1
EHS:all
2023 - 2024 LEGISLATURE
June 7, 2023 - Introduced by Senators Marklein, Ballweg, Felzkowski, Feyen,
James, Pfaff, Testin, Wimberger and Wanggaard, cosponsored by
Representatives Summerfield, Swearingen, Armstrong, Binsfeld,
Callahan, Considine, Edming, Green, Hurd, S. Johnson, Kitchens,
Magnafici, Mursau, Novak, O'Connor, Penterman, Plumer, Pronschinske,
Sapik, Schmidt, Schraa, Tranel, Tusler, Sinicki and Conley. Referred to
Committee on Utilities and Technology.
SB325,1,7 1An Act to repeal 13.48 (30) (a) 1., 196.504 (1) (b) and 196.504 (2) (d); to
2renumber and amend
196.504 (1) (c) 2. and 196.504 (2) (c); to consolidate,
3renumber and amend
13.48 (30) (a) (intro.) and 2.; to amend 13.48 (30) (b),
424.40 (3), 86.16 (6), 196.504 (2) (a) and 196.504 (3) (intro.); and to create
5196.504 (1) (c) 2. b., 196.504 (1) (c) 3., 196.504 (2) (c) 1. g., 196.504 (2) (c) 2. d.
6and 196.504 (2t) of the statutes; relating to: the broadband expansion grant
7program.
Analysis by the Legislative Reference Bureau
This bill makes various changes to the broadband expansion grant program.
Current law requires the Public Service Commission to administer the
broadband expansion grant program, under which PSC designates as “underserved”
areas of the state that are served by fewer than two broadband service providers and
awards grants to eligible applicants for the purpose of constructing broadband
infrastructure in underserved areas. This bill changes the purpose of the grant
program to constructing broadband infrastructure in “unserved areas.” Under
current law, “unserved areas” are areas not served by an Internet service provider
(ISP) that 1) is a fixed wireless service or wired service and 2) provides service at
actual speeds of at least 20 percent of the upload and download speeds for advanced
telecommunications capability as designated by the Federal Communications

Commission. The bill adds that, in order to not be an unserved area, Internet service
must be available and reliable, and provided at no less than actual download speeds
of 100 megabits per second and upload speeds of 20 megabits per second. The bill
also allows PSC to adjust those speed standards every two years by rule if it
determines there is good cause to do so in order to align with changes in technology
and actual market conditions, in which case it must publish the adjusted speed
thresholds on its website.
Current law requires PSC to establish criteria for evaluating applications and
awarding grants under the broadband expansion grant program and requires that
the criteria give priority to projects meeting various standards, such as including
matching funds and involving public-private partnerships. Under the bill, the
criteria must require applicants to participate in the FCC's Affordable Connectivity
Program or any federally mandated successor program. Under the bill, the criteria
must give priority to projects with at least 40 percent matching funds and higher
priority to projects with more than 40 percent matching funds. The bill changes a
requirement under current law that the criteria prioritize projects in a large
geographic area to projects in a geographic area that is difficult to connect. The bill
specifies that the criteria must give priority to projects that are capable of offering
service at actual download speeds of 100 megabits per second or greater and upload
speeds of 100 megabits per second or greater, and higher priority to projects capable
of exceeding the minimum speeds just described.
Current law requires PSC to consider certain factors when evaluating an
application under the broadband expansion grant program. This bill adds that PSC
must consider whether the applicant offers a low-cost broadband service option in
order to be eligible for funding under the federal Broadband Equity, Access, and
Deployment program or participates in the FCC's Affordable Connectivity Program
or any federally mandated successor program.
The bill adds a procedure by which an ISP in or near a project area proposed
in an application for a broadband expansion grant may challenge the awarding of
that grant. An ISP may challenge the grant if that ISP currently provides available
and reliable fixed wireless or wired broadband service to the project area at
minimum download and upload speeds or if that ISP commits to completing
construction of broadband infrastructure and providing available and reliable
broadband service to the project area at minimum download and upload speeds no
later than 24 months after the date of the PSC order awarding grants. The bill
requires PSC to evaluate the challenge and prohibits it from funding any portion of
a project relating to the area that is the subject of the challenge if it determines as
credible the challenging ISP's commitment to provide broadband service that meets
the requirements. If PSC denies funding as a result of such a challenge and the ISP
does not fulfill its commitment, PSC is prohibited from awarding grant funding to
that ISP and the ISP is prohibited from participating in the challenge process for the
following two grant cycles.

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:
SB325,1 1Section 1. 13.48 (30) (a) (intro.) and 2. of the statutes are consolidated,
2renumbered 13.48 (30) (a) and amended to read:
SB325,3,43 13.48 (30) (a) In this section: 2. “Unserved, “unserved area” has the meaning
4given in s. 196.504 (1) (c).
SB325,2 5Section 2. 13.48 (30) (a) 1. of the statutes is repealed.
SB325,3 6Section 3. 13.48 (30) (b) of the statutes is amended to read:
SB325,3,177 13.48 (30) (b) The legislature finds and determines that the provision of
8broadband Internet access is essential to the welfare of the citizens of this state and
9to economic development in this state, and therefore the provision of broadband
10Internet access is a government function and a statewide responsibility of statewide
11dimension. The legislature further determines that sufficient private capital has
12been and continues to be unavailable to fulfill the need for the development of
13broadband Internet access in
underserved and unserved areas in this state. It is
14therefore in the public interest, and it is the public policy of this state, to assist the
15public service commission in making broadband expansion grants under s. 196.504
16(2) (a) for the purpose of constructing broadband infrastructure in
underserved and
17unserved areas of this state.
SB325,4 18Section 4 . 24.40 (3) of the statutes is amended to read:
SB325,4,219 24.40 (3) Notwithstanding s. 28.02 (5) or any contrary rule promulgated by the
20department, if the department grants an easement under sub. (1r) for the
21construction of broadband infrastructure in underserved unserved areas, as

1designated under s. 196.504 (2) (d) (e), the department may not require any appraisal
2or the payment of any fee to grant the easement.
SB325,5 3Section 5 . 86.16 (6) of the statutes is amended to read:
SB325,4,84 86.16 (6) If the department consents under sub. (1) to the construction of
5broadband infrastructure in underserved unserved areas, as designated under s.
6196.504 (2) (d) (e), the department may not charge any fee for the initial issuance of
7any permit necessary to construct broadband infrastructure along, across, or within
8the limits of a highway.
SB325,6 9Section 6 . 196.504 (1) (b) of the statutes is repealed.
SB325,7 10Section 7 . 196.504 (1) (c) 2. of the statutes is renumbered 196.504 (1) (c) 2. a.
11and amended to read:
SB325,4,1712 196.504 (1) (c) 2. a. Provided at actual speeds of at least 20 percent of the upload
13and download speeds for advanced telecommunications capability as designated by
14the federal communications commission in its inquiries regarding advanced
15telecommunications capability under 47 USC 1302 (b)
download speeds of 100
16megabits per second or greater and upload speeds of 20 megabits per second or
17greater
.
SB325,8 18Section 8. 196.504 (1) (c) 2. b. of the statutes is created to read:
SB325,4,2519 196.504 (1) (c) 2. b. Beginning on July 1 of the 2nd calendar year beginning
20after the effective date of this subd. 2. b. .... [LRB inserts date], and on July 1 of each
21successive odd-numbered year thereafter, the commission may, by rule, adjust the
22threshold speeds designated in subd. 2. a. if, upon review, it determines there is good
23cause to do so in order to align with changes in technology and actual market
24conditions. If the commission adjusts these threshold speeds, it shall publicize the
25adjusted speed thresholds on its website.
SB325,9
1Section 9. 196.504 (1) (c) 3. of the statutes is created to read:
SB325,5,22 196.504 (1) (c) 3. Available and reliable.
SB325,10 3Section 10 . 196.504 (2) (a) of the statutes, as affected by 2021 Wisconsin Act
458
, is amended to read:
SB325,5,95 196.504 (2) (a) To make broadband expansion grants to eligible applicants for
6the purpose of constructing broadband infrastructure in underserved unserved
7areas designated under par. (d) (e). Grants awarded under this section shall be paid
8from the appropriations under ss. 20.155 (3) (r) and (rm) and 20.866 (2) (z), in the
9amount allocated under s. 20.866 (2) (z) 5.
SB325,11 10Section 11 . 196.504 (2) (c) of the statutes is renumbered 196.504 (2) (c) 1.
11(intro.) and amended to read:
SB325,5,1812 196.504 (2) (c) 1. (intro.) To establish criteria for evaluating applications and
13awarding grants under this section, which shall require applicants to participate in
14the federal communications commission's affordable connectivity program or any
15federally mandated successor program
. The criteria shall prohibit grants that have
16the effect of subsidizing the expenses of a provider of telecommunications service, as
17defined in s. 182.017 (1g) (cq), or the monthly bills of customers of those providers.
18The criteria shall give priority to projects all of the following:
SB325,5,20 19a. Projects that include at least 40 percent matching funds, and shall give
20higher priority to projects with more than 40 percent matching funds.
SB325,5,22 21b. Projects that involve public-private partnerships , that affect unserved
22areas,
.
SB325,5,23 23c. Projects that are scalable, .
SB325,5,24 24d. Projects that promote economic development ,.
SB325,6,2
1e. Projects that will not result in delaying the provision of broadband service
2to areas neighboring areas to be served by the proposed project, or.
SB325,6,4 3f. Projects that affect a large geographic area that is difficult to connect or a
4large number of underserved unserved individuals or communities.
SB325,6,6 52. When evaluating grant applications under this section, the commission shall
6consider the all of the following:
SB325,6,10 7a. The degree to which the proposed projects would duplicate existing
8broadband infrastructure, information about the presence of which is provided to the
9commission by the applicant or another person within a time period designated by
10the commission; the.
SB325,6,12 11b. The impacts of the proposed projects on the ability of individuals to access
12health care services from home and the cost of those services; and the.
SB325,6,14 13c. The impacts of the proposed projects on the ability of students to access
14educational opportunities from home.
SB325,12 15Section 12. 196.504 (2) (c) 1. g. of the statutes is created to read:
SB325,6,2016 196.504 (2) (c) 1. g. Projects that are capable of offering service at actual
17download speeds of 100 megabits per second or greater and upload speeds of 100
18megabits per second or greater. Projects that are capable of exceeding the minimum
19speeds described in this subd. 1. g. shall be given higher priority than projects that
20are capable only of meeting the minimum speeds.
SB325,13 21Section 13. 196.504 (2) (c) 2. d. of the statutes is created to read:
SB325,7,222 196.504 (2) (c) 2. d. Whether the applicant offers a low-cost broadband service
23option in order to be eligible for funding under the broadband equity, access, and
24deployment program administered by the federal department of commerce or

1participates in the federal communications commission's affordable connectivity
2program or any federally mandated successor program.
SB325,14 3Section 14 . 196.504 (2) (d) of the statutes is repealed.
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