SB469, s. 48 12Section 48. 196.204 (1) of the statutes is repealed.
SB469, s. 49 13Section 49. 196.204 (2) of the statutes is repealed.
SB469, s. 50 14Section 50. 196.204 (3) of the statutes is repealed.
SB469, s. 51 15Section 51. 196.204 (4) of the statutes is repealed.
SB469, s. 52 16Section 52. 196.204 (5) (ag) of the statutes is renumbered 196.204 (1m) and
17196.204 (1m) (intro.), as renumbered, is amended to read:
SB469,21,1818 196.204 (1m) (intro.) In this subsection section:
SB469, s. 53 19Section 53. 196.204 (5) (ar) of the statutes is renumbered 196.204 (2m) and
20196.204 (2m) (a), (b) (intro.) and (c) (intro.), as renumbered, are amended to read:
SB469,22,221 196.204 (2m) (a) In addition to the other requirements of this section, each
22Each telecommunications service, relevant group of services and basic network
23function offered or used by a local government telecommunications utility shall be
24priced to exceed its total service long-run incremental cost. The commission may
25waive the applicability of this subdivision to a nongovernmental

1telecommunications utility's basic local exchange service if the commission
2determines that a waiver is consistent with the factors under s. 196.03 (6).
SB469,22,113 (b) (intro.) For purposes of subd. 1. par. (a), the total service long-run
4incremental cost of a local government telecommunications utility shall take into
5account, by imputation or allocation, equivalent charges for all taxes, pole rentals,
6rights-of-way, licenses, and similar costs that are incurred by nongovernmental
7telecommunications utilities. This subdivision paragraph does not apply to a local
8government telecommunications utility that is subject to the exemption under s.
966.0422 (3n). This subdivision paragraph also does not apply to a
10telecommunications service, relevant group of services, or basic network function if
11all of the following conditions apply:
SB469,22,1512 (c) (intro.) Subdivision 2. Paragraph (b) does not apply to a telecommunications
13service, relevant group of services, or basic network function, that is used to provide
14broadband service and that is offered by a municipal telecommunications utility, if
15all of the following apply:
SB469, s. 54 16Section 54. 196.204 (5) (b) of the statutes is repealed.
SB469, s. 55 17Section 55. 196.204 (6) of the statutes is repealed.
SB469, s. 56 18Section 56. 196.205 (1m) of the statutes is renumbered 196.205, and 196.205
19(intro.), as renumbered, is amended to read:
SB469,22,2320 196.205 (intro.) A telecommunications cooperative or an unincorporated
21telecommunications cooperative association may elect to be subject to ss. 196.28 and
22196.37 as they apply to any rate, toll or charge and to ss. 196.02 (2), 196.09 (1),
s.
23196.11 (2), 196.20 and 196.26 in any of the following ways:
SB469, s. 57 24Section 57. 196.205 (2) of the statutes is repealed.
SB469, s. 58 25Section 58. 196.206 of the statutes is created to read:
SB469,23,3
1196.206 Interconnected voice over Internet protocol service. (1)
2Exemption. Interconnected voice over Internet protocol service is not subject to ch.
3201 or this chapter, except as provided in this section.
SB469,23,12 4(2) Universal service fund. A telecommunications provider that provides
5interconnected voice over Internet protocol service in this state shall make
6contributions to the universal service fund based on its revenues from providing such
7service. The revenues shall be calculated using direct assignment, a
8provider-specific traffic study, the inverse of the interstate jurisdictional allocation
9established by the federal communications commission for the purpose of federal
10universal service assessments, or any other reasonable assignment. Direct
11assignment or traffic studies shall be based on the primary physical service address
12identified by the customer.
SB469,23,15 13(3) Intrastate access rates. Unless otherwise provided under federal law,
14access charges for interconnected voice over Internet protocol service are subject to
15s. 196.191.
SB469, s. 59 16Section 59. 196.211 of the statutes is created to read:
SB469,23,17 17196.211 Electronic call detail records. (1) Definitions. In this section:
SB469,23,2018 (a) "Competitive local exchange carrier" means a local exchange carrier, as
19defined in 47 USC 153 (26), but does not include an incumbent local exchange carrier,
20as defined in 47 USC 251 (h) (1).
SB469,23,2521 (b) "Electronic call detail record" means an electronic record in exchange
22message interface record format for a call originated by a commercial mobile radio
23service provider or a competitive local exchange carrier which is subsequently routed
24by a tandem switching provider to the telecommunications provider that terminates
25the call.
SB469,24,2
1(c) "Tandem switching provider" means a telecommunications provider that
2provides tandem switching service to another telecommunications provider.
SB469,24,14 3(2) Tandem switching providers. Beginning no later than 24 months after the
4effective date of this subsection .... [LRB inserts date], a tandem switching provider
5shall make electronic call detail records available to telecommunications providers
6for calls that are originated by commercial mobile radio service providers and
7competitive local exchange carriers and subsequently routed by the tandem
8switching provider to a telecommunications provider's network for termination. A
9tandem switching provider is in compliance with this subsection if the electronic call
10detail record that is made available contains the information provided by the
11telecommunications provider that originated the call. This section does not alter or
12otherwise change the record creation, record exchange, or billing processes for traffic
13carried by interexchange carriers that are in effect on the effective date of this
14subsection .... [LRB inserts date].
SB469, s. 60 15Section 60. 196.213 of the statutes is repealed.
SB469, s. 61 16Section 61. 196.215 of the statutes is repealed.
SB469, s. 62 17Section 62. 196.218 (1) (a) of the statutes is created to read:
SB469,24,2018 196.218 (1) (a) "Essential telecommunications services" means services or
19functionalities determined by the federal communications commission to be eligible
20for support by federal universal service support mechanisms.
SB469, s. 63 21Section 63. 196.218 (3) (a) 3. c. of the statutes is created to read:
SB469,24,2322 196.218 (3) (a) 3. c. The amounts required to make disbursements to incumbent
23local exchange carriers under s. 196.191 (3) (d) 2.
SB469, s. 64 24Section 64. 196.218 (3) (a) 3m. of the statutes is amended to read:
SB469,25,6
1196.218 (3) (a) 3m. Contributions under this paragraph may be based only on
2the gross operating revenues from the provision of broadcast services identified by
3the commission under subd. 2. and on intrastate telecommunications services in this
4state of the telecommunications providers subject to the contribution. Contributions
5based on revenues from interconnected voice over Internet protocol service shall be
6calculated as provided under s. 196.206 (2).
SB469, s. 65 7Section 65. 196.218 (3) (f) of the statutes is amended to read:
SB469,25,168 196.218 (3) (f) Notwithstanding ss. 196.196 (1) and (5) (d) 2., s. 196.20 (2m), (5)
9and (6), 196.213 and 196.215
, a telecommunications utility that provides local
10exchange service may make adjustments to local exchange service rates for the
11purpose of recovering its contributions to the universal service fund required under
12this subsection. A telecommunications utility that adjusts local exchange service
13rates for the purpose of recovering such contributions shall identify on customer bills
14a single amount that is the total amount of the adjustment. The public service
15commission shall provide telecommunications utilities the information necessary to
16identify such amounts on customer bills.
SB469, s. 66 17Section 66. 196.218 (4) of the statutes is repealed and recreated to read:
SB469,25,2518 196.218 (4) Essential telecommunications services. Each
19telecommunications provider that provides basic local exchange service or that is
20designated as an eligible telecommunications carrier pursuant to 47 USC 214 (e) (2)
21shall make available to its customers all essential telecommunications services. A
22telecommunications provider may satisfy this subsection by providing essential
23telecommunications services itself or through an affiliate and in either case may
24provide essential telecommunications services through the use of any available
25technology or mode.
SB469, s. 67
1Section 67. 196.218 (5) (a) 14. of the statutes is created to read:
SB469,26,32 196.218 (5) (a) 14. To make disbursements to incumbent local exchange
3carriers under s. 196.191 (3) (d) 2.
SB469, s. 68 4Section 68. 196.218 (5r) (title) of the statutes is amended to read:
SB469,26,55 196.218 (5r) (title) Annual report reports.
SB469, s. 69 6Section 69. 196.218 (5r) (a) 4. of the statutes is amended to read:
SB469,26,127 196.218 (5r) (a) 4. An assessment of how successful investments identified in
8s. 196.196 (5) (f),
assistance provided by the universal service fund, and price
9regulation and other alternative incentive regulations of telecommunications
10utilities designed to promote competition have been in advancing the public interest
11goals identified under s. 196.03 (6), and recommendations for further advancing
12those goals.
SB469, s. 70 13Section 70. 196.218 (5r) (am) of the statutes is created to read:
SB469,26,2114 196.218 (5r) (am) The commission shall submit a written report to the
15universal service fund council at least annually regarding the administration of the
16disbursements to incumbent local exchange carriers under s. 196.191 (3) (d) 2. The
17report shall identify the total amount of money collected from each
18telecommunications provider that contributes to the universal service fund, the total
19amount disbursed annually to each incumbent local exchange carrier under s.
20196.191 (3) (d) 2., and the commission's administrative expenses related to s. 196.191
21(3) and 196.206 (2).
SB469, s. 71 22Section 71. 196.219 (1) (b) of the statutes is amended to read:
SB469,26,2523 196.219 (1) (b) "Local exchange service" has the meaning given in s. 196.50 (1)
24(b) 1.
includes access service, basic local exchange service, and business access line
25and usage service within a local calling area.
SB469, s. 72
1Section 72. 196.26 (1) (a) of the statutes is amended to read:
SB469,27,52 196.26 (1) (a) A complaint filed with the commission that any rate, toll, charge,
3or schedule, joint rate, regulation, measurement, act, or practice relating to the
4provision of heat, light, water, or power, or telecommunications service is
5unreasonable, inadequate, unjustly discriminatory, or cannot be obtained.
SB469, s. 73 6Section 73. 196.26 (4) of the statutes is repealed.
SB469, s. 74 7Section 74. 196.28 (4) of the statutes is repealed.
SB469, s. 75 8Section 75. 196.31 (1m) of the statutes is amended to read:
SB469,27,119 196.31 (1m) The commission shall compensate any consumer group or
10consumer representative for all reasonable costs of participating in a hearing under
11s. 196.196 (1) (g) or 196.198.
SB469, s. 76 12Section 76. 196.37 (3) of the statutes is amended to read:
SB469,27,1713 196.37 (3) Any public utility to which an order under this section applies shall
14make such changes in schedules on file under s. 196.19 to make the schedules
15conform to the order. The public utility may not make any subsequent change in
16rates, tolls or charges without the approval of the commission, except as provided in
17s. 196.205 or 196.215 (2).
SB469, s. 77 18Section 77. 196.37 (4) of the statutes is repealed.
SB469, s. 78 19Section 78. 196.49 (1) (ag) of the statutes is repealed.
SB469, s. 79 20Section 79. 196.49 (3) (b) (intro.) of the statutes is amended to read:
SB469,27,2521 196.49 (3) (b) (intro.) Except as provided in par. (d), the The commission may
22require by rule or special order under par. (a) that no project may proceed until the
23commission has certified that public convenience and necessity require the project.
24The commission may refuse to certify a project if it appears that the completion of
25the project will do any of the following:
SB469, s. 80
1Section 80. 196.49 (3) (d) of the statutes is repealed.
SB469, s. 81 2Section 81. 196.50 (1) (b) 1. and 2. of the statutes are repealed.
SB469, s. 82 3Section 82. 196.50 (1) (b) 3. of the statutes is renumbered 196.50 (1) (b).
SB469, s. 83 4Section 83. 196.50 (2) (a) of the statutes is amended to read:
SB469,28,75 196.50 (2) (a) Alternative telecommunications utilities shall be certified under
6s. 196.203. All Except as provided in par. (j) 1., all other telecommunications utilities
7shall be certified under this subsection.
SB469, s. 84 8Section 84. 196.50 (2) (f) of the statutes is amended to read:
SB469,28,169 196.50 (2) (f) The commission shall issue a certificate of authority or an
10amended certificate of authority if it finds, after notice and opportunity for hearing,
11that the applicant possesses sufficient technical, financial and managerial resources
12to provide telecommunications service to any person within the identified geographic
13area. In making this determination, the commission shall consider the factors
14identified in s. 196.03 (6). The commission may order the applicant to satisfy any
15conditions that the commission considers to be necessary to protect the public
16interest, including structural safeguards.
SB469, s. 85 17Section 85. 196.50 (2) (g) 3. of the statutes is repealed.
SB469, s. 86 18Section 86. 196.50 (2) (h) of the statutes is repealed.
SB469, s. 87 19Section 87. 196.50 (2) (i) of the statutes is created to read:
SB469,29,220 196.50 (2) (i) A telecommunications utility certified under this subsection is
21exempt from ss. 196.02 (2), 196.05, 196.06, 196.07, 196.09, 196.10, 196.12, 196.13,
22196.19, 196.20, 196.21, 196.22, 196.28, 196.37, 196.49, 196.52, 196.58, 196.60,
23196.78, and 196.79. If the commission imposes a provision of this chapter or ch. 201
24on an alternative telecommunications utility under s. 196.203 (3), the commission

1shall ensure that the same provision at the same level of regulation is imposed on
2telecommunications utilities certified under this subsection.
SB469, s. 88 3Section 88. 196.50 (2) (j) of the statutes is created to read:
SB469,29,54 196.50 (2) (j) A telecommunications utility certified under this subsection may
5do any of the following:
SB469,29,136 1. Provide notice to the commission to terminate the certification under this
7subsection and certify the telecommunications utility as an alternative
8telecommunications utility under s. 196.203. No later than 30 days after receiving
9notice under this subdivision, the commission shall issue an order issuing a
10certification under s. 196.203 and terminating the certification under this subsection
11and all regulatory requirements related to the certification under this subsection,
12including all such requirements imposed by the certification under this subsection
13or imposed by order or otherwise by the commission.
SB469,29,1914 2. Provide notice to the commission to maintain the certification under this
15subsection but to regulate the telecommunications utility in the same manner as an
16alternative telecommunications utility is regulated under this chapter. No later
17than 30 days after receiving notice under this subdivision, the commission shall
18issue an order specifying that the telecommunications utility shall be regulated in
19the same manner as an alternative telecommunications utility.
SB469, s. 89 20Section 89. 196.52 (3) (b) 1. of the statutes is amended to read:
SB469,30,521 196.52 (3) (b) 1. The requirement for written approval under par. (a) shall not
22apply to any contract or arrangement if the amount of consideration involved is not
23in excess of $25,000 or 5% of the equity of the public utility, whichever is smaller. The
24requirement under par. (a) also does not apply to a telecommunications utility
25contract or arrangement or
to contracts or arrangements with joint local water

1authorities under s. 66.0823. Regularly recurring payments under a general or
2continuing arrangement which aggregate a greater annual amount may not be
3broken down into a series of transactions to come within the exemption under this
4paragraph. Any transaction exempted under this paragraph shall be valid or
5effective without commission approval under this section.
SB469, s. 90 6Section 90. 196.52 (3) (c) (intro.) of the statutes is amended to read:
SB469,30,97 196.52 (3) (c) (intro.) If the value of a contract or arrangement between an
8affiliated interest and a public utility, other than a telecommunications utility,
9exceeds $1,000,000, the commission:
SB469, s. 91 10Section 91. 196.52 (5) (a) of the statutes is renumbered 196.52 (5).
SB469, s. 92 11Section 92. 196.52 (5) (b) of the statutes is repealed.
SB469, s. 93 12Section 93. 196.52 (6) of the statutes is amended to read:
SB469,30,2113 196.52 (6) If the commission finds upon investigation that a public utility, other
14than a telecommunications utility,
is giving effect to a contract or arrangement
15without the commission's approval under this section, the commission shall issue a
16summary order directing that public utility to cease and desist from making any
17payments, receiving compensation, providing any service or otherwise giving any
18effect to the contract or arrangement until the contract or arrangement receives the
19approval of the commission. The circuit court of Dane County may enforce the order
20to cease and desist by appropriate process, including the issuance of a preliminary
21injunction, upon the suit of the commission.
SB469, s. 94 22Section 94. 196.52 (9) (e) of the statutes is amended to read:
SB469,31,223 196.52 (9) (e) Notwithstanding sub. (5) (a), the commission may not modify or
24terminate a leased generation contract approved under sub. (3) except as specified

1in the leased generation contract or the commission's order approving the leased
2generation contract.
SB469, s. 95 3Section 95. 196.60 (1) (a) of the statutes is amended to read:
SB469,31,124 196.60 (1) (a) Except as provided under sub. (2), no No public utility and no
5agent, as defined in s. 196.66 (3) (a), or officer of a public utility, directly or indirectly,
6may charge, demand, collect or receive from any person more or less compensation
7for any service rendered or to be rendered by it in or affecting or relating to the
8production, transmission, delivery or furnishing of heat, light, water,
9telecommunications service or power or for any service in connection therewith, than
10that prescribed in the published schedules or tariffs then in force, or established
11under this chapter, or than it charges, demands, collects or receives from any other
12person for a like contemporaneous service.
SB469, s. 96 13Section 96. 196.60 (2) of the statutes is repealed.
SB469, s. 97 14Section 97. 196.604 of the statutes is amended to read:
SB469,31,23 15196.604 Rebates, concessions and discriminations unlawful. No person
16may knowingly solicit, accept or receive any rebate, concession or discrimination
17from a public utility for any service in or affecting or relating to the production,
18transmission, delivery or furnishing of heat, light, water or power or the conveying
19of telecommunications messages
within this state or for any connected service
20whereby the service is rendered or is to be rendered free or at a rate less than the rate
21named in the schedules and tariffs in force, or whereby any other service or
22advantage is received. Any person violating this section shall be fined not less than
23$50 nor more than $5,000 for each offense.
Loading...
Loading...