Amendment AA3-AA3-AB696

LRBa2178/1

MDK:nwn:ph

2009 - 2010 LEGISLATURE

ASSEMBLY AMENDMENT 3, TO ASSEMBLY AMENDMENT 3, TO 2009 ASSEMBLY BILL 696

April 19, 2010 - Offered by Representative Hebl.

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

AB696-AA3-AA3,1,2 1. Page 1, line 1: after that line insert:

AB696-AA3-AA3,1,4 "1g. Page 2, line 8: after "utilities" insert "and wireless telecommunications providers".".

AB696-AA3-AA3,1,5 2. Page 1, line 2: delete "1" and substitute "1r".

AB696-AA3-AA3,1,6 3. Page 1, line 7: after that line insert:

AB696-AA3-AA3,1,7 "4m. Page 8, line 11: after that line insert:

AB696-AA3-AA3,1,8 " Section 5L. 196.01 (5) (b) 4. of the statutes is repealed.".".

AB696-AA3-AA3,1,9 4. Page 6, line 4: after that line insert:

AB696-AA3-AA3,1,10 "9n. Page 18, line 15: after that line insert:

AB696-AA3-AA3,1,11 " Section 32d. 196.202 (1) of the statutes is created to read:

AB696-AA3-AA3,2,3 196.202 (1) Definition. In this section, "consumer" means any person that uses the services, products, or facilities provided by a commercial mobile radio service provider.

AB696-AA3-AA3, s. 32f Section 32f. 196.202 (2) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB696-AA3-AA3,2,13 196.202 (2) Scope of regulation. A commercial mobile radio service provider is not subject to ch. 201 or this chapter, except as provided in sub. (5) this section, and except that a commercial mobile radio service provider is subject to ss. 196.025 (6), 196.03, 196.218 (3), 196.26, 196.28, 196.37, and 196.859, and shall respond, subject to the protection of the commercial mobile radio service provider's competitive information, to all reasonable requests for information about its operations in this state from the commission necessary to administer ss. 196.025 (6), 196.218 (3), and 196.859 and to enforce ss. 196.03, 196.26, 196.28, and 196.37.

AB696-AA3-AA3, s. 32h Section 32h. 196.202 (3) of the statutes is created to read:

AB696-AA3-AA3,2,20 196.202 (3) Consumer protection. (a) Notwithstanding any exemptions identified in this chapter, a commercial mobile radio service provider shall provide protection to its consumers under this section unless exempted in whole or in part by rule or order of the commission under this section. The commission shall promulgate rules that identify the conditions under which provisions of this section may be suspended.

AB696-AA3-AA3,2,23 (b) On petition, the commission may grant an exemption from a requirement under this section upon a showing that the exemption is reasonable and not in conflict with the factors under s. 196.03 (6).

AB696-AA3-AA3,3,2 (c) On petition, the commission may grant an exemption from a requirement under this section retroactively if the application of the requirement would be unjust and unreasonable considering the factors under s. 196.03 (6) or other relevant factors.

AB696-AA3-AA3,3,4 (d) If the commission grants an exemption under this subsection, it may require the provider to comply with any condition necessary to protect the public interest.

AB696-AA3-AA3, s. 32j Section 32j. 196.202 (4) of the statutes is created to read:

AB696-AA3-AA3,3,7 196.202 (4) Prohibited practices: services. A commercial mobile radio service provider may not do any of the following:

AB696-AA3-AA3,3,13 (a) Refuse to interconnect within a reasonable time with another person to the same extent that the federal communications commission requires the commercial mobile radio service provider to interconnect. The public service commission may require additional interconnection based on a determination, following notice and opportunity for hearing, that additional interconnection is in the public interest and is consistent with the factors under s. 196.03 (6).

AB696-AA3-AA3,3,15 (c) Impair the speed, quality or efficiency of services, products, or facilities offered to a consumer under a contract or price list.

AB696-AA3-AA3,3,17 (d) Unreasonably refuse, restrict, or delay access by any person to a telecommunications emergency service.

AB696-AA3-AA3,3,20 (e) Fail to provide a service, product, or facility to a consumer in accord with the commercial mobile radio service provider's applicable price lists or contracts and with the commission's rules and orders.

AB696-AA3-AA3,3,25 (h) To the extent prohibited by the federal communications commission, or by the public service commission under rules promulgated consistent with the factors under s. 196.03 (6), give preference or discriminate in the provision of services, products, or facilities to an affiliate, or to the commercial mobile radio service provider's own or an affiliate's retail department that sells to consumers.

AB696-AA3-AA3,4,4 (L) Fail to provide, or to terminate, any telecommunications service as necessary to comply with the minimum standards of service established by the commission with respect to technical service quality, deposits, disconnection, billing, and collection of amounts owed for services provided or to be provided.

AB696-AA3-AA3,4,9 (m) Provide telecommunications service to any person acting as a telecommunications utility, telecommunications provider, alternative telecommunications utility, or telecommunications carrier, if the commission has ordered the commercial mobile radio service provider to discontinue service to that person.

AB696-AA3-AA3,4,10 (n) Provide telecommunications service in violation of s. 100.207.

AB696-AA3-AA3,4,15 (o) Refuse to transfer or facilitate the transfer of the commercial mobile radio service provider's local exchange service customers to another telecommunications provider on the same terms and conditions as the telecommunications utility or telecommunications provider receives from any other telecommunications provider, unless such terms and conditions violate federal law.

AB696-AA3-AA3,4,18 (q) 1. Except as provided in subds. 2. and 3., impose a late payment charge on a retail consumer at a rate that exceeds $1.50 upon $100 for each month computed upon the declining principal balance of any amount that is not paid when due.

AB696-AA3-AA3,4,22 2. The commission may allow a commercial mobile radio service provider to impose a late payment charge at a rate that is greater than that allowed under subd. 1. if the commission determines that the greater amount is consistent with the factors specified in s. 196.03 (6).

AB696-AA3-AA3,4,25 3. The commission does not have jurisdiction over late payment charges by a commercial mobile radio service provider except as may be necessary to enforce the requirements of this subsection and except as permitted under federal law.

AB696-AA3-AA3, s. 32L Section 32L. 196.202 (5) (title) of the statutes is repealed.

AB696-AA3-AA3, s. 32n Section 32n. 196.202 (5) of the statutes is renumbered 196.202 (4) (p) and amended to read:

AB696-AA3-AA3,5,5 196.202 (4) (p) A commercial mobile radio service provider may not charge Charge a customer for an incomplete call.

AB696-AA3-AA3, s. 32p Section 32p. 196.202 (6) of the statutes is created to read:

AB696-AA3-AA3,5,10 196.202 (6) Enforcement. (a) On the commission's own motion or upon complaint filed by the consumer, the commission shall have jurisdiction to take administrative action or to commence civil actions against commercial mobile radio service providers to enforce this section.

AB696-AA3-AA3,5,15 (b) The commission may, at its discretion, institute in any court of competent jurisdiction a proceeding against a commercial mobile radio service provider for injunctive relief to compel compliance with this section, to compel the accounting and refund of any moneys collected in violation of this section or for any other relief permitted under this chapter.

AB696-AA3-AA3, s. 32r Section 32r. 196.202 (7) of the statutes is created to read:

AB696-AA3-AA3,5,20 196.202 (7) Unfair trade practice enforcement. Upon receipt of a notice issued under s. 100.208, the commission may order a commercial mobile radio service provider to cease offering the telecommunications service that creates the unfair trade practice or method of competition.

AB696-AA3-AA3, s. 32t Section 32t. 196.202 (8) of the statutes is created to read:

AB696-AA3-AA3,5,25 196.202 (8) Civil actions. (a) Upon a finding of a violation of this section by the commission, any person injured because of a violation of this section by a commercial mobile radio service provider may commence a civil action to recover damages or to obtain injunctive relief.

AB696-AA3-AA3,6,3 (b) Upon request of the commission, the attorney general may bring an action to require a commercial mobile radio service provider to compensate any person for any pecuniary loss caused by the failure of the provider to comply with this section.

AB696-AA3-AA3, s. 32v Section 32v. 196.202 (9) of the statutes is created to read:

AB696-AA3-AA3,6,7 196.202 (9) Alternate dispute resolution. The commission shall establish by rule a procedure for alternative dispute resolution to be available for complaints filed against a commercial mobile radio service provider.".".

AB696-AA3-AA3,6,8 (End)