2. A broadband Internet access service provider shall notify a customer about 21
a breach of security under subd. 1. by at least one of the following methods:
a. A written notification sent to either the customer's electronic mail address 23
or the postal address of record of the customer, or, for former customers, to the last 24
postal address ascertainable after reasonable investigation using commonly 25
b. Other electronic means of prompt communication agreed upon by the 2
customer for contacting that customer for breach of security notification purposes.
3. A broadband Internet access service provider shall provide all of the 4
following information in a notice required under subd. 1.:
a. The date, estimated date, or estimated date range of the breach of security.
b. A description of the customer proprietary information that was involved in 7
the breach of security or reasonably believed to have been involved in the breach of 8
c. Information that the customer may use to contact the provider to inquire 10
about the breach of security and the customer proprietary information that the 11
provider maintains about that customer.
d. Information about how to contact the department and any federal agencies 13
relevant to the service provided to the customer.
e. If the breach of security creates a risk of financial harm, information about 15
the national credit-reporting agencies and the steps customers can take to guard 16
against identity theft, including any credit monitoring, credit reporting, credit 17
freezes, or other consumer protections that the provider is offering customers 18
affected by the breach of security, including security freezes under s. 100.54.
4. Upon the request of a law enforcement agency, a broadband Internet access 20
service provider shall not disclose a breach of security to a customer.
(b) Notification to government agencies
. 1. Except as provided in subd. 3., a 22
broadband Internet access service provider shall notify the department and the 23
department of justice of any breach of security affecting 5,000 or more customers no 24
later than 7 business days after the provider reasonably determines that a breach
of security has occurred and at least 3 business days before notifying the affected 2
customers under par. (a) 1.
2. Except as provided in subd. 3., a broadband Internet access service provider 4
shall, without unreasonable delay, notify the department of any breach of security 5
affecting fewer than 5,000 customers within 30 days after the provider reasonably 6
determines that a breach of security has occurred.
3. A broadband Internet access service provider is not required to notify the 8
department under subd. 1. or 2. if it reasonably determines that no harm to 9
customers is reasonably likely to occur as a result of the breach of security.
(c) Record keeping
. 1. Except as provided in subd. 3., a broadband Internet 11
access service provider shall maintain a record, electronically or in some other 12
manner, of each breach of security and the notifications made to customers under 13
par. (a) 1. regarding that breach. The record shall include all of the following:
a. The date that the provider first determines that the breach of security 15
b. The date that customers were notified.
c. A written copy of all customer notifications.
2. A broadband Internet access service provider shall retain the record required 19
under subd. 1. for at least 2 years from the date on which the provider first 20
determines that the breach of security occurred.
3. A broadband Internet access service provider is not required to maintain a 22
record under subd. 1. if it reasonably determines that no harm to customers is 23
reasonably likely to occur as a result of the breach of security.
24(6) Internet access service offers conditioned on waiver of privacy
. (a) A 25
broadband Internet access service provider may not refuse to provide broadband
Internet access service because a customer or prospective customer does not provide 2
approval required under sub. (3) (a) or (b).
(b) A broadband Internet access service provider that offers a financial 4
incentive program, such as lower rates, in exchange for a customer's approval to use, 5
disclose, or permit access to the customer's proprietary information shall do all of the 6
1. Provide a notice explaining the terms of the financial incentive program that 8
includes all of the following:
a. An explanation that the program requires opt-in approval from the 10
customer to use, disclose, or permit access to the customer's proprietary information.
b. Information about what customer proprietary information the provider will 12
collect, how it will be used, and the categories of entities with which it will be shared 13
and for what purposes.
c. Information, prominently displayed, about the equivalent service plan that 15
does not necessitate the use, disclosure, or access to customer proprietary 16
information beyond that required or permitted under sub. (3) (c).
2. Obtain opt-in approval from the customer for consent to participate in the 18
financial incentive program.
3. Provide the notice required under subd. 1. at the time the program is offered 20
to a customer and at the time that a customer elects to participate in the program.
4. Make the notice required under subd. 1. easily accessible and available 22
separate from any other privacy notifications, including the notifications required 23
under sub. (2) (a) or (c).
5. If the provider transacts business with a customer in a language other than 2
English, translate the contents required under subd. 1. into the language through 3
which the provider transacts business with the customer.
6. If the customer grants the opt-in approval required under subd. 2., a 5
broadband Internet access service provider shall make available a mechanism for 6
the customer to withdraw approval for participation in the financial incentive 7
program under this paragraph at any time.
8(7) Remedies and penalties
. (a) 1. A person or class of persons adversely 9
affected by a broadband Internet access service provider's violation of this section 10
has a claim for appropriate relief, including damages, injunctive relief, and 11
rescission and may bring an action in circuit court against the broadband Internet 12
access service provider.
2. Notwithstanding s. 814.04 (1), a person or class of persons entitled to relief 14
under subd. 1 may recover costs, disbursements, and reasonable attorney fees.
(b) 1. Any of the following may bring an action in circuit court in the name of 16
the state to restrain by temporary or permanent injunction any violation of this 17
a. The department.
b. The department of justice, after consulting with the department.
c. Any district attorney, upon informing the department.
2. Before entry of final judgment, the court may make any order or judgment 22
necessary to restore to any person any pecuniary loss suffered because of a violation 23
that is the subject of the action under subd. 1., if proof of the violation is submitted 24
to the satisfaction of the court.
(c) 1. For any violation of this section, the department of justice, after 2
consulting with the department, or the district attorney for the county where the 3
violation occurs, upon informing the department, may commence an action in the 4
name of the state to recover a forfeiture of not more than $50,000 for the first 5
violation and not more than $100,000 for each subsequent violation.
2. Each occasion that a broadband Internet access service provider uses, 7
discloses, or permits access to an individual customer's proprietary information in 8
violation of sub. (3) (a) or (b) constitutes a separate violation.”.
196.504 (1) (a) of the statutes is renumbered 196.504 (1) (ad), 11
and 196.504 (1) (ad) 2., as renumbered, is amended to read:
(ad) 2. A telecommunications utility
that has not received or
13applied for A-CAM or phase II support
196.504 (1) (aa) of the statutes is created to read:
(aa) “A-CAM support” means support for the deployment of voice 16
and broadband-capable networks from the federal Connect America Fund that is 17
made to telecommunications utilities regulated as rate-of-return carriers by the 18
federal communications commission and that is based on the federal 19
communications commission's Alternative Connect America Cost Model.
196.504 (1) (ab) of the statutes is created to read:
(ab) “Broadband infrastructure” means infrastructure for the 22
provision of broadband service at a minimum download speed of 25 megabits per 23
second and a minimum upload speed of 3 megabits per second.”.
196.504 (1) (ae) of the statutes is renumbered 196.504 (1) (ak).
196.504 (1) (ah) of the statutes is created to read:
(ah) “Phase II support” means the federal communications 6
commission's 2nd phase of support for rural broadband deployment from the federal 7
Connect America Fund that is made to telecommunications utilities regulated as 8
price cap carriers by the federal communications commission.”.
(a) To make broadband expansion grants to eligible applicants for 13
the purpose of constructing broadband infrastructure in underserved areas 14
designated under par. (d).
Grants awarded under this section shall be paid from the appropriation 16appropriations
under s. 20.155 (3) (a),
(r). In each fiscal year, the total amount of the
17grants may not exceed $1,500,000, and (rm). Not less than 85 percent of the grants
18awarded in a fiscal year shall be for the construction of broadband infrastructure in
19counties with populations of 65,000 or less
196.504 (2) (am) of the statutes is created to read:
(am) To make broadband expansion grants to organizations 22
specified in sub. (1) (ad) 1., telecommunications utilities, or political subdivisions for 23
project planning related to broadband infrastructure construction in underserved 24
areas designated under par. (d).”.
110. Page 860, line 16
: after “those providers." insert “The criteria shall give
2first priority to projects for areas in which no broadband service is available.
196.504 (2m) of the statutes is created to read:
Biennially, beginning on January 1, 2019, the legislative audit 10
bureau shall conduct a performance evaluation audit of the broadband expansion 11
grant program under sub. (2).”.