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.