Amendment AA3-AB696

LRBa1903/1

MDK:cjs:md

2009 - 2010 LEGISLATURE

ASSEMBLY AMENDMENT 3, TO 2009 ASSEMBLY BILL 696

March 24, 2010 - Offered by Representative Zepnick.

AB696-AA3,1,1 At the locations indicated, amend the bill as follows:

AB696-AA3,1,4 1. Page 2, line 9: delete lines 9 to 11 and substitute "telecommunications switched access service rates, and interconnected voice over Internet protocol service".

AB696-AA3,1,5 2. Page 2, line 12: delete "an appropriation".

AB696-AA3,1,6 3. Page 7, line 1: delete lines 1 to 4.

AB696-AA3,1,7 4. Page 8, line 8: after "(j) 1." insert "a.".

AB696-AA3,1,9 5. Page 9, line 19: delete the material beginning with that line and ending with page 14, line 9, and substitute:

AB696-AA3,2,2 "196.191 Telecommunications utility and alternative telecommunications utility tariffs. (1) Notwithstanding anything in this chapter to the contrary, any telecommunications utility, including an alternative telecommunications utility, may do any of the following:

AB696-AA3,2,12 (a) Retain on file with the commission tariffs already on file with the commission as of the effective date of this paragraph .... [LRB inserts date], showing the rates, tolls, and charges which the telecommunications utility, including an alternative telecommunications utility, has established as of the effective date of this paragraph .... [LRB inserts date], for some or all of the services performed by the telecommunications utility, including an alternative telecommunications utility, within the state or for any service in connection therewith or performed by any telecommunications utility, including an alternative telecommunications utility, controlled or operated by the telecommunications utility, including an alternative telecommunications utility.

AB696-AA3,2,14 (b) Withdraw or change the rates, terms, or conditions of a tariff on file with the commission.

AB696-AA3,2,24 (c) File with the commission new tariffs showing the rates, tolls, and charges which the telecommunications utility, including an alternative telecommunications utility, has established, as provided in the tariff filings, for some or all of the services performed by the telecommunications utility, including an alternative telecommunications utility, within the state or for any service in connection therewith or performed by any telecommunications utility, including an alternative telecommunications utility, controlled or operated by the telecommunications utility, including an alternative telecommunications utility. If a telecommunications utility, including an alternative telecommunications utility, files a new tariff under this paragraph, all of the following apply:

AB696-AA3,3,6 1. The new tariff shall become effective on the date specified in the tariff, unless the commission suspends the operation of the new tariff upon serving a written notice of the suspension on the telecommunications utility, including an alternative telecommunications utility, within 10 days after the date of filing. The notice shall include a statement of the reason under subd. 2. upon which the commission believes the tariff may be modified.

AB696-AA3,3,8 2. The commission may modify the new tariff after an opportunity for a hearing, only to the extent permitted by ss. 196.203 and 196.50 (2) (i) and (j).

AB696-AA3,3,14 3. If the commission does not conduct a hearing under subd. 2., the commission shall issue its final order within 60 days after issuing the notice of suspension under subd. 1. If the commission conducts a hearing, the commission shall issue its final order within 120 days after issuing the notice of suspension under subd. 1. If a final order is not issued within the time limits specified in this subdivision, the new tariff becomes effective as filed.

AB696-AA3,3,16 (2) Nothing in this section shall give the commission jurisdiction over the rates or terms and conditions of any service that is not subject to a tariff under sub. (1).

AB696-AA3,3,20 (3) Every telecommunications utility, including an alternative telecommunications utility, that files a tariff with the commission under this section shall include all terms and conditions that apply to the services specified in the tariff and the rates charged or to be charged.

AB696-AA3,3,22 (4) A telecommunications utility, including an alternative telecommunications utility, may withdraw a tariff for any service by providing notice to the commission.

AB696-AA3,3,24 (5) (a) Except as provided in par. (b), a proposed change in a tariff shall be effective at the time specified in the tariff as filed with the commission.

AB696-AA3,4,8 (b) No change in a tariff which constitutes an increase in switched access service rates may be made unless the change is consistent with the public interest factors set forth in s. 196.03 (6) and the commission by order, after investigation and opportunity for a hearing, approves the change, except that an increase in switched access service rates to mirror interstate switched access service rates shall go into effect on the 10th day after the change in the tariff is filed, unless the commission, before that day, suspends the rate increase and initiates an investigation under this paragraph.

AB696-AA3,4,12 (6) Nothing in this chapter prohibits a tariff for a service which permits a telecommunications utility, including an alternative telecommunications utility, to enter into an individual contract with an individual customer for that tariffed service that includes rates, terms, and conditions that are different from those in the tariff.

AB696-AA3,4,17 (7) Except as provided in sub. (6), no telecommunications utility, including an alternative telecommunications utility, may charge, demand, collect, or receive more or less compensation for any service for which a tariff is filed under this section than is specified in the tariff, as may at the time be in force, or demand, collect, or receive any rate, toll, or charge for such service not specified in the tariff.

AB696-AA3,4,19 (8) A copy of the tariffs filed under this section shall be made available to consumers in a form and place readily accessible to the public.".

AB696-AA3,4,21 6. Page 14, line 10: delete the material beginning with that line and ending with page 15, line 8, and substitute:

AB696-AA3,4,22 " Section 13m. 196.194 (1) of the statutes is repealed.

AB696-AA3, s. 13q Section 13q. 196.194 (2) (title) of the statutes is repealed.

AB696-AA3, s. 13s Section 13s. 196.194 (2) of the statutes is renumbered 196.194 and amended to read:

AB696-AA3,5,25 196.194 Public Gas utility individual contracts. Nothing in ss. 196.03, 196.19, 196.20, 196.21, 196.22, 196.37, 196.60, 196.604 and 196.625 prohibits the commission from approving the filing of a tariff which permits a gas utility to enter into an individual contract with an individual customer if the term of the contract is no more than 5 years, or a longer period approved by the commission, and if the commission determines that substitute gas services are available to customers or potential customers of the gas utility and the absence of such a tariff will cause the gas utility to be disadvantaged in competing for business. A tariff filed under this subsection section shall include the condition that any such contract shall be compensatory. The tariff shall include any other condition and procedure required by the commission in the public interest. Within 20 days after a contract authorized under this subsection section or an amendment to such a contract has been executed, the gas utility shall submit the contract to the commission. The commission shall give notice to any person, upon request, that a contract authorized under this subsection section has been received by the commission. The notice shall identify the gas utility that has entered into the contract. Within 6 months after receiving substantial evidence that a contract may be noncompensatory, or upon its own motion, the commission shall investigate and determine whether the contract is compensatory. If the commission determines that the contract is noncompensatory, the commission may make appropriate adjustments in the rates or tariffs of the gas utility that has entered into the contract, in addition to other remedies under this chapter. The dollar amount of the adjustment may not be less than the amount by which the contract was found to be noncompensatory.".

AB696-AA3,5,26 7. Page 15, line 18: delete "tariffing requirements under s. 196.194 (1) or".

AB696-AA3,6,3 8. Page 18, line 5: delete "ss. 196.193, and 196.195" and substitute "ss. s. 196.193, 196.195".

AB696-AA3,6,4 9. Page 18, line 6: delete "(12) and 196.196" and substitute "(12) and 196.196".

AB696-AA3,6,5 10. Page 18, line 20: delete "subject to s." and substitute "subject to s. ss.".

AB696-AA3,6,9 11. Page 18, line 20: after "196.025 (6)" insert "and 196.206 and may elect to subject itself to s. 196.191, and except that only with respect to its switched access services an alternative telecommunications utility is subject to ss. 196.03 and 196.37".

AB696-AA3,6,10 12. Page 19, line 9: after " (j) 1" insert ". a".

AB696-AA3,6,11 13. Page 19, line 21: delete lines 21 and 22.

AB696-AA3,6,12 14. Page 19, line 22: after that line insert:

AB696-AA3,6,13 " Section 36m. 196.203 (2) (c) of the statutes is created to read:

AB696-AA3,7,7 196.203 (2) (c) An alternative telecommunications utility may provide notice to the commission to maintain certification as an alternative telecommunications utility but to recertify the alternative telecommunications utility and impose on the alternative telecommunications utility only those provisions of this chapter specified in sub. (4m) that are imposed on all alternative telecommunications utilities under sub. (3). No later than 30 days after receiving notice under this paragraph, the commission shall issue an order granting recertification and imposing on the alternative telecommunications utility only those provisions of this chapter specified in sub. (4m) that are imposed on all alternative telecommunications utilities under sub. (3). An alternative telecommunications utility for which an order of recertification is issued is subject to sub. (1g). The granting of the recertification shall operate to terminate the alternative telecommunications utility's prior certification, and all regulatory requirements related to the prior certification, including all such requirements imposed by the certification and all requirements imposed by the commission, whether by statute or commission rule or order, on the alternative telecommunications utility are terminated on the effective date of the order.".

AB696-AA3,7,8 15. Page 19, line 23: on lines 23 and 24, delete "(c)" and substitute "(d)".

AB696-AA3,7,10 16. Page 20, line 8: delete "any provision of ch. 201 or a provision of this chapter" and substitute "any a provision of ch. 201 or this chapter".

AB696-AA3,7,12 17. Page 20, line 16: delete lines 16 and 17 and substitute "same provision at the same level of regulation on all other alternative telecommunications utilities.".

AB696-AA3,7,13 18. Page 21, line 3: before "(3) (a)" insert "(2r),".

AB696-AA3,7,14 19. Page 21, line 3: delete "(h),".

AB696-AA3,7,15 20. Page 21, line 5: delete "or 196.858" and substitute "196.858, or 196.859".

AB696-AA3,7,16 21. Page 22, line 18: delete lines 18 to 24 and substitute:

AB696-AA3,7,17 " Section 55m. 196.205 of the statutes is repealed.".

AB696-AA3,7,20 22. Page 23, line 3: after "in this section" insert ", and except as provided in ss. 196.025 (6), 196.218 (3), and 196.859, and except as required for the commission to enforce ss. 196.025 (6), 196.218 (3), and 196.859".

AB696-AA3,7,22 23. Page 23, line 4: delete "telecommunications provider" and substitute "communications provider, as defined in s. 196.025 (6) (a) 1.,".