66.0420(2)(j)2.f.
f. Revenue from the sale of capital assets or surplus equipment not used by the purchaser to receive video service from the seller of those assets or surplus equipment.
66.0420(2)(j)2.g.
g. Charges, other than those described in
subd. 1., that are aggregated or bundled with amounts described in
subd. 1., including but not limited to any revenues received by a video service provider or its affiliates for telecommunications services, information services, or the provision of directory or Internet advertising, including yellow pages, white pages, banner advertisement, and electronic publishing, if a video service provider can reasonably identify such charges on books and records kept in the regular course of business or by other reasonable means.
66.0420(2)(j)2.h.
h. Reimbursement by programmers of marketing costs actually incurred by a video service provider.
66.0420(2)(k)
(k) “Household" means a house, apartment, mobile home, group of rooms, or single room that is intended for occupancy as separate living quarters. For purposes of this paragraph, “separate living quarters" are those in which the occupants live and eat separately from any other persons in the building and which have direct access from the outside of the building or through a common hall.
66.0420(2)(L)
(L) “Incumbent cable operator" means a person who, immediately before January 9, 2008, was providing cable service under a cable franchise, expired cable franchise, or cable franchise extension, or under an ordinance or resolution adopted or enacted by a municipality.
66.0420(2)(m)
(m) “Institutional network" means a network that connects governmental, educational, and community institutions.
66.0420(2)(n)
(n) “Interim cable operator" means an incumbent cable operator that elects to continue to provide cable service under a cable franchise as specified in
sub. (3) (b) 2. a.
66.0420(2)(p)
(p) “Large telecommunications video service provider" means a telecommunications video service provider that, on January 1, 2007, had more than 500,000 basic local exchange access lines in this state or an affiliate of such a telecommunication video service provider.
66.0420(2)(s)
(s) “PEG channel" means a channel designated for public, educational, or governmental use.
66.0420(2)(sm)
(sm) “Qualified cable operator" means any of the following:
66.0420(2)(sm)1.
1. A cable operator that has been providing cable service in this state for at least 3 years prior to applying for a video service franchise and that has never had a cable franchise revoked by a municipality.
66.0420(2)(sm)3.
3. A cable operator that, on the date that it applies for a video service franchise, individually or together with its affiliates or parent company, is one of the 10 largest cable operators in the United States as determined by data collected and reported by the FCC or determined by information available to the public through a national trade association representing cable operators.
66.0420(2)(t)
(t) “Service tier" means a category of video service for which a separate rate is charged.
66.0420(2)(u)
(u) “State agency" means any board, commission, department, or office in the state government.
66.0420(2)(v)
(v) “Telecommunications video service provider" means a video service provider that uses facilities for providing telecommunications service, as defined in
s. 196.01 (9m), also to provide video service.
66.0420(2)(w)
(w) “Video franchise area" means the area or areas described in an application for a video service franchise under
sub. (3) (d) 2.
66.0420(2)(x)
(x) “Video programming" means programming provided by, or generally considered comparable to programming provided by, a television broadcast station.
66.0420(2)(y)
(y) “Video service" means any video programming service, cable service, or service provided via an open video system that complies with
47 USC 573, that is provided through facilities located at least in part in public rights-of-way, without regard to delivery technology, including Internet protocol technology or any other technology. “Video service" does not include any of the following:
66.0420(2)(y)2.
2. Video programming provided solely as part of and via a service that enables users to access content, information, electronic mail, or any other service offered over the public Internet.
66.0420(2)(zb)
(zb) “Video service network" means wireline facilities, or any component thereof, located at least in part in the public right-of-way that deliver video service, without regard to delivery technology, including Internet protocol technology or any other technology. “Video service network" includes a cable system.
66.0420(2)(zg)
(zg) “Video service provider" means a person, including an incumbent cable operator, who is issued a video service franchise or a successor or assign of such a person.
66.0420(2)(zm)
(zm) “Video service provider fee" means the fee paid by a video service provider under
sub. (7).
66.0420(3)
(3) Authority to provide video service. 66.0420(3)(a)(a)
In general. Except for an interim cable operator, and except as provided in
par. (c) and
sub. (11), no person may provide video service in this state unless the department has issued a video service franchise to the person and the person has provided the notice required under
par. (h).
66.0420(3)(b)1.1. A municipality may not renew or extend the cable franchise of an incumbent cable operator that expires after January 9, 2008.
66.0420(3)(b)2.
2. An incumbent cable operator may do one of the following:
66.0420(3)(b)2.a.
a. Continue to provide cable service as an interim cable operator until the cable franchise expires.
66.0420(3)(b)2.b.
b. Apply for a video service franchise. If an incumbent cable operator applies for a video service franchise, the cable franchise shall terminate and have no effect upon issuance of the video service franchise. Upon termination of the cable franchise, the municipality that granted the franchise shall, at the request of the incumbent cable operator, surrender, return, or take such other action as may be necessary to nullify any bond, letter of credit, or similar instrument intended to secure the performance of the incumbent cable operator under the cable franchise.
66.0420(3)(b)3.
3. An incumbent cable operator whose cable franchise expires after January 9, 2008, may not, after expiration of the cable franchise, provide video service in this state unless the incumbent cable operator applies for a video service franchise under
subd. 2. b. and, upon issuance of the video service franchise, provides the notice required under
par. (h). An incumbent cable operator whose cable franchise expired before January 9, 2008, and who was providing cable service immediately before January 9, 2008, may continue to provide cable service if, no later than March 1, 2008, the incumbent cable operator applies for a video service franchise under
subd. 2. b.
66.0420(3)(c)
(c)
Other providers. A person, other than an incumbent cable operator, who was providing video service immediately before January 9, 2008, may provide video service without a video service franchise issued by the department. This paragraph ceases to apply to such a person if the person does not apply for a video service franchise no later than March 1, 2008.
66.0420(3)(d)
(d)
Application. An applicant for a video service franchise shall submit an application to the department that consists of all of the following:
66.0420(3)(d)1.
1. The location and telephone number of the applicant's principal place of business, the names of the principal executive officers of the applicant, and the names of any persons authorized to represent the applicant before the department.
66.0420(3)(d)2.
2. A description of the area or areas of the state in which the applicant intends to provide video service.
66.0420(3)(d)3.
3. The date on which the applicant intends to begin providing video service in the video franchise area.
66.0420(3)(d)4.
4. An affidavit signed by an officer or general partner of the applicant that affirms all of the following:
66.0420(3)(d)4.a.
a. That the applicant has filed or will timely file with the FCC all forms required by the FCC in advance of offering video service.
66.0420(3)(d)4.b.
b. That the applicant agrees to comply with this section and all applicable federal statutes and regulations.
66.0420(3)(d)4.c.
c. That the applicant is legally, financially, and technically qualified to provide video service.
66.0420(3)(d)5.
5. A description of the services that the applicant proposes to provide.
66.0420(3)(e)1.1. At the time that an applicant submits an application under
par. (d), or a video service provider submits a notification regarding a modification to an application under
par. (j), to the department, the applicant or video service provider shall serve a copy of the application or notification on each municipality in the video franchise area.
66.0420(3)(e)2.a.a. This subdivision applies only to a municipality that, under
subd. 1., is served a copy of an application or that, under
subd. 1., is served a copy of a notification relating to an expansion of the area or areas of the state in which a video service provider intends to provide video service, if the municipality has not previously been served a copy of an application under
subd. 1. by that video service provider.
66.0420(3)(e)2.b.
b. If a municipality specified in
subd. 2. a. has granted any cable franchise that is in effect immediately before January 9, 2008, the municipality shall, no later than 10 business days after receipt of the copy, notify the applicant in writing of the number of PEG channels for which incumbent cable operators are required to provide channel capacity in the municipality, the amount and type of monetary support for access facilities for PEG channels required of incumbent cable operators as described in
sub. (7) (em), and the percentage of revenues that incumbent cable operators are required to pay the municipality as franchise fees.
66.0420(3)(f)1.1. After the filing of an application, the department shall notify the applicant in writing as to whether the application is complete and, if the department has determined that the application is not complete, the department shall state the reasons for the determination.
66.0420(3)(f)2.
2. After the filing of an application that the department has determined is complete, the department shall determine whether an applicant is legally, financially, and technically qualified to provide video service. If the department determines that an applicant is legally, financially, and technically qualified to provide video service, the department shall issue a video service franchise to the applicant. If the department determines that an applicant is not legally, financially, and technically qualified to provide video service, the department shall reject the application and shall state the reasons for the determination.
66.0420(3)(f)4.
4. The department shall promulgate rules for determining whether an applicant is legally, financially, and technically qualified to provide video service.
66.0420(3)(g)
(g)
Effect of video service franchise. A video service franchise issued by the department authorizes a video service provider to occupy the public rights-of-way and to construct, operate, maintain, and repair a video service network to provide video service in the video franchise area.
66.0420(3)(h)
(h)
Notice before providing service. No later than 10 business days before providing video service in a municipality in a video franchise area, a video service provider shall provide notice to the department and the municipality.
66.0420(3)(i)
(i)
Expiration and revocation of video service franchise. The department may revoke a video service franchise issued to a video service provider if the department determines that the video service provider has failed to substantially meet a material requirement imposed upon it by the department. Before commencing a revocation proceeding, the department shall provide the video service provider written notice of the department's intention to revoke the franchise and the department's reasons for the revocation and afford the video service provider a reasonable opportunity to cure any alleged violation. The department must, before revoking any video service franchise, afford a video service provider full due process that, at a minimum, must include a proceeding before a hearing officer during which the video service provider must be afforded the opportunity for full participation, including the right to be represented by counsel, to introduce evidence, to require the production of evidence, and to question or cross-examine witnesses under oath. A transcript shall be made of any such hearing. A video service provider may bring an action to appeal the decision of the department.
66.0420(3)(j)
(j)
Modifications. If there is any change in the information included in an application filed by a video service provider under this subsection, the video service provider shall notify the department and update the information within 10 business days after the change, except that if the video service provider determines to expand the area or areas of the state in which the video service provider intends to provide video service, the video service provider shall apply to the department for a modified video service franchise under
par. (d). A video service provider that makes a notification regarding a change in the information specified in
par. (d) 3.,
4., or
5., shall include with the notification a fee of $100. No fee is required for a notification regarding a change in the information specified in
par. (d) 1.
66.0420(3)(k)2.
2. If a video service provider has 10,000 or less subscribers, the first annual fee required under
subd. 1. shall be $2,000 and each subsequent annual fee shall be $100.
66.0420(4)
(4) Franchising authority. For purposes of
47 USC 521 to
573, the state is the exclusive franchising authority for video service providers in this state. No municipality may require a video service provider to obtain a franchise to provide video service.
66.0420(5)(a)1.1. If an incumbent cable operator is providing channel capacity for PEG channels to a municipality under a cable franchise in effect immediately before January 9, 2008, the municipality shall require each interim cable operator or video service provider that provides video service in the municipality to provide channel capacity for the same number of PEG channels for which channel capacity is provided immediately before January 9, 2008.
66.0420(5)(a)2.a.a. Except as provided in
subd. 2. b. and
c., if no incumbent cable operator is providing channel capacity for PEG channels to a municipality under a cable franchise that is in effect immediately before January 9, 2008, then, if the municipality has a population of 50,000 or more, the municipality may require each interim cable operator and video service provider that provides video service in the municipality to provide channel capacity for up to 3 PEG channels, and, if the municipality has a population of less than 50,000, the municipality may require each interim cable operator and video service provider that provides video service in the municipality to provide channel capacity for no more than 2 PEG channels.
66.0420(5)(a)2.b.
b. If an interim cable operator or video service provider distributes video programming to more than one municipality through a single headend or video hub office and the aggregate population of the municipalities is 50,000 or more, the municipalities may not require the interim cable operator or video service provider to provide, in the aggregate, channel capacity for more than 3 PEG channels under
subd. 2. a.
66.0420(5)(a)2.c.
c. If an interim cable operator or video service provider distributes video programming to more than one municipality through a single headend or video hub office and the aggregate population of the municipalities is less than 50,000, the municipalities may not require the interim cable operator or video service provider to provide, in the aggregate, channel capacity for more than 2 PEG channels under
subd. 2. a.
66.0420(5)(a)3.
3. An interim cable operator or video service provider shall provide any channel capacity for PEG channels required under this paragraph on any service tier that is viewed by more than 50 percent of the interim cable operator's or video service provider's customers.
66.0420(5)(a)4.
4. If a municipality is not required to provide notice to a video service provider under
sub. (3) (e) 2., the video service provider's duty to provide any additional channel capacity for PEG channels that is required by the municipality under this paragraph first applies on the date that the video service provider begins to provide service in the municipality, and, if the municipality is required to provide notice under
sub. (3) (e) 2., the video service provider's duty to provide any such additional channel capacity first applies on the date that the video service provider begins to provide video service in the municipality or on the 90th day after the video service provider receives the municipality's notice, whichever is later.
66.0420(5)(b)1.a.a. Notwithstanding
par. (a), an interim cable operator or video service provider may reprogram for any other purpose any channel capacity provided for a PEG channel required by a municipality under
par. (a) if the PEG channel is not substantially utilized by the municipality. If the municipality certifies to the interim cable operator or video service provider that reprogrammed channel capacity for a PEG channel will be substantially utilized by the municipality, the interim cable operator or video service provider shall, no later than 120 days after receipt of the certification, restore the channel capacity for the PEG channel. Notwithstanding
par. (a) 3., an interim cable operator or video service provider may provide restored channel capacity for a PEG channel on any service tier.
66.0420(5)(b)1.b.
b. For purposes of this subdivision, a PEG channel is substantially utilized by a municipality if the municipality provides 40 hours or more of programming on the PEG channel each week and at least 60 percent of that programming is locally produced.
66.0420(5)(b)2.
2. Notwithstanding
par. (a), if a municipality fails to provide the notice specified in
sub. (3) (e) 2. before the deadline specified in
sub. (3) (e) 2., no interim cable operator or video service provider is required to provide channel capacity for any PEG channel, or monetary support for access facilities for PEG channels pursuant to
sub. (7) (em), until the 90th day after the municipality provides such notice.
66.0420(5)(c)1.1. Except as otherwise required under
pars. (a) and
(d) and
sub. (7) (em), a municipality may not require an interim cable operator or video service provider to provide any funds, services, programming, facilities, or equipment related to public, educational, or governmental use of channel capacity.
66.0420(5)(c)2.
2. The operation of any PEG channel for which a municipality requires an interim cable operator or video service provider to provide channel capacity under
par. (a), and the production of any programming appearing on such a PEG channel, shall be the sole responsibility of the municipality and, except as provided in
par. (d) 1., the interim cable operator or video service provider shall bear only the responsibility to transmit programming appearing on the PEG channel.
66.0420(5)(c)3.
3. A municipality that requires an interim cable operator or video service provider to provide channel capacity for a PEG channel under
par. (a) shall do all of the following:
66.0420(5)(c)3.a.
a. Ensure that all content and programming that the municipality provides or arranges to provide for transmission on the PEG channel is submitted to the interim cable operator or video service provider in a manner and form that is capable of being accepted and transmitted by the interim cable operator or video service provider over its video service network without changing the content or transmission signal and that is compatible with the technology or protocol, including Internet protocol television, utilized by the interim cable operator or video service provider to deliver video service.
66.0420(5)(c)3.b.
b. Make the content and programming that the municipality provides or arranges to provide for transmission on a PEG channel available in a nondiscriminatory manner to all interim cable operators and video service providers that provide video service in the municipality.
66.0420(5)(d)
(d)
Duties of interim cable providers and video service providers. 66.0420(5)(d)1.1. If a municipality requires an interim cable operator or video service provider to provide capacity for PEG channels under
par. (a), the interim cable operator or video service provider shall be required to provide transmission capacity sufficient to connect the interim cable operator's or video service provider's headend or video hub office to the municipality's PEG access channel origination points existing as of January 9, 2008. A municipality shall permit the interim cable operator or video service provider to determine the most economically and technologically efficient means of providing such transmission capacity. If a municipality requests that such a PEG access channel origination point be relocated, the interim cable operator or video service provider shall be required to provide only the first 200 feet of transmission line that is necessary to connect the interim cable operator or video service provider's headend or video hub office to such origination point. A municipality shall be liable for the costs of construction of such a transmission line beyond the first 200 feet and for any construction costs associated with additional origination points, but not for the costs associated with the transmission of PEG programming over such line. The interim cable operator or video service provider may recover its costs to provide transmission capacity under this subdivision by identifying and collecting a “PEG Transport Fee" as a separate line item on customer bills.
66.0420(5)(d)2.
2. If the interconnection of the video service networks of interim cable operators or video service providers is technically necessary and feasible for the transmission of programming for any PEG channel for which channel capacity is required by a municipality under
par. (a), the interim cable operators and video service providers shall negotiate in good faith for interconnection on mutually acceptable rates, terms, and conditions, except that an interim cable operator or video service provider who requests interconnection is responsible for interconnection costs, including the cost of transmitting programming from its origination point to the interconnection point. Interconnection may be accomplished by direct cable, microwave link, satellite, or any other reasonable method.
66.0420(5m)
(5m) Contracts with University of Wisconsin campuses. If an incumbent cable operator has entered into an agreement with an institution or college campus within the University of Wisconsin System that is in effect on January 9, 2008, and that requires the incumbent cable operator to broadcast University of Wisconsin events on one of its channels, any video service provider that provides video service in the area in which the events are broadcast by the incumbent cable operator shall, upon the request of the institution or college campus, enter into an agreement with the institution or college campus that requires the video service provider to provide the same service on the same terms and conditions as the agreement between the institution or college campus and the incumbent cable operator.
66.0420(6)
(6) Institutional networks. Notwithstanding any franchise, ordinance, or resolution in effect on January 9, 2008, no state agency or municipality may require an interim cable operator or video service provider to provide any institutional network or equivalent capacity on its video service network.
