SB408, s. 21 Section 21. 196.196 (8) of the statutes is created to read:

SB408,20,3 196.196 (8) Consultation with federal communications commission. (a) In this subsection, "end-user customer" has the meaning given in sub. (6) (a) 2.

SB408,20,7 (b) If the federal communications commission consults with the commission under 47 USC 271 (d) (2) (B), the commission shall advise against approving the petition of a large price-regulated telecommunications utility for interlata long distance authority if either of the following applies:

SB408,20,12 1. For a utility that has not structurally separated under sub. (7) (b) or (c), less than 25% of the utility's access lines serving residential end-user customers in the utility's service territory, or less than 25% of the utility's access lines serving business end-user customers in the utility's service territory, receive basic local exchange service from another telecommunications provider.

SB408,20,14 2. The commission determines that the utility has failed to meet the requirements of 47 USC 271 (c).

SB408, s. 22 Section 22. 196.196 (9) of the statutes is created to read:

SB408,20,23 196.196 (9) Just and reasonable rates; effect of petition. A large price-regulated telecommunications utility may petition the commission for a determination that its rates, as established under this section, are not just and reasonable. By filing such a petition, a large price regulated telecommunications utility rescinds its election to be price regulated and the commission shall impose cost-based, rate-of-return regulation on all products and services offered by the utility. A large price-regulated telecommunications utility may not elect to be price regulated within 3 years after filing a petition under this subsection.

SB408, s. 23 Section 23. 196.197 of the statutes is created to read:

SB408,21,2 196.197 Retail and wholesale telecommunications service quality. (1) Definitions. In this section:

SB408,21,3 (a) "End-user customer" has the meaning given in s. 196.196 (6) (a) 2.

SB408,21,4 (b) "Local exchange service" has the meaning given in s. 196.50 (1) (b) 1.

SB408,21,5 (c) "Network element" has the meaning given in s. 196.196 (7) (a) 1.

SB408,21,9 (d) "Repeat trouble report" means a trouble report made by an end-user customer or wholesale customer within 30 days after a large price-regulated telecommunications utility has resolved a problem regarding the same access line in response to a prior trouble report by the customer.

SB408,21,13 (e) "Trouble report" means a report by an end-user customer to a large telecommunications utility or wholesale customer, or by a wholesale customer to a large price-regulated telecommunications utility, about a problem regarding the end-user customer's access line or an access line used by the wholesale customer.

SB408,21,16 (f) "Wholesale customer" means a telecommunications provider that uses the services, products, or facilities of a large price-regulated telecommunications utility to provide telecommunications service to an end-user customer.

SB408,21,21 (2) Retail service standards. In addition to any standard required by the commission or agreed to by a large price-regulated telecommunications utility, a large price-regulated telecommunications utility shall, on a monthly basis, comply with each of the following standards in providing telecommunications services, products, or facilities to its end-user customers:

SB408,21,24 (a) Initiation of service. The utility shall begin providing local exchange service for 95% of the orders for such service by the utility's end-user customers no less than 5 business days after receiving an order.

SB408,22,3 (b) Service outages. The utility shall restore no less than 95% of local exchange service outages to end-user customers within 24 hours after an end-user customer reports the outage to the utility.

SB408,22,5 (c) Repeat trouble reports. The utility shall ensure that no more than 10% of all trouble reports are repeat trouble reports.

SB408,22,10 (d) Missed repair appointments. The utility shall keep no less than 90% of all appointments scheduled to install service or make repairs for the utility's end-user customers, excluding those appointments for which the utility gives 24-hour advance notice that the appointment will be missed. The commission shall promulgate rules to administer the requirements of this paragraph.

SB408,22,13 (e) Service center response times. The utility shall ensure that in no less than 90% of all calls by end-user customers to the utility's service center the customer is connected to a live service representative within 20 seconds after the call begins.

SB408,22,19 (3) Wholesale service standards. In addition to complying with any standard required by the commission or agreed to by a large price-regulated telecommunications utility, a large price-regulated telecommunications utility shall, on a monthly basis, comply with each of the following standards in providing telecommunications services or products or network elements to each of its wholesale customers:

SB408,22,22 (a) Service outages. The utility shall restore no less than 95% of service outages affecting end-user customers with access lines used by the wholesale customer within 24 hours after the wholesale customer reports the outage to the utility.

SB408,23,2 (b) Response to orders. Except as provided in par. (c), the utility shall ensure that no less than 95% of the wholesale customer's orders for unbundled loops, unbundled network platforms, or resale are filled within 5 business days after the utility receives an order.

SB408,23,6 (c) Response to orders with agreed delivery times. If the utility and a wholesale customer agree upon a time other than 5 business days for filling an order for unbundled loops, unbundled network platforms, or resale, the utility shall ensure that no less than 95% of such orders are filled within the agreed time.

SB408,23,9 (d) Repeat trouble reports. The utility shall ensure that no more than 10% of all trouble reports about the utility's access lines that are used by the wholesale customer are repeat trouble reports.

SB408,23,13 (e) Order problems. The utility shall ensure that, for no less than 90% of all orders for unbundled loops, unbundled network platforms, or resale, a wholesale customer does not report a problem about the order to the utility during the 7-day period beginning after the date on which the order is filled.

SB408,23,19 (4) Forfeitures; compensation. (a) Retail service. 1. If a report filed under sub. (5) (a) 1. demonstrates, or if the commission otherwise determines, that a large price-regulated telecommunications utility that has not structurally separated under s. 196.196 (7) (b) or (c) has failed to comply with a standard under sub. (2), the commission shall, except as provided in par. (d), directly assess against the utility the following forfeitures:

SB408,23,20 a. If the utility fails to meet one of the standards in a month, $2,000,000.