Amendment AA1-SB70

SB70-AA1,469,9 24.40 (3) Notwithstanding s. 28.02 (5) or any contrary rule promulgated by the department, if the department grants an easement under sub. (1r) for the construction of broadband infrastructure in underserved unserved areas, as designated under s. 196.504 (2) (d) (e), the department may not require any appraisal or the payment of any fee to grant the easement.

SB70-AA1,1060 Section 1060. 86.16 (6) of the statutes is amended to read:

SB70-AA1,469,15 86.16 (6) If the department consents under sub. (1) to the construction of broadband infrastructure in underserved unserved areas, as designated under s. 196.504 (2) (d) (e), the department may not charge any fee for the initial issuance of any permit necessary to construct broadband infrastructure along, across, or within the limits of a highway.

SB70-AA1,1061 Section 1061. 196.504 (1) (b) of the statutes is repealed.

SB70-AA1,1062 Section 1062. 196.504 (1) (c) 2. of the statutes is amended to read:

SB70-AA1,470,4 196.504 (1) (c) 2. Provided at actual speeds of at least 20 percent of the upload and download speeds for advanced telecommunications capability as designated by the federal communications commission in its inquiries regarding advanced telecommunications capability under 47 USC 1302 (b) download speeds of 100 megabits per second or greater and upload speeds of 20 megabits per second or greater. Beginning on July 1 of the 2nd calendar year beginning after the effective date of this subdivision .... [LRB inserts date], and on July 1 of each successive odd-numbered year thereafter, the commission may adjust the threshold speeds designated in this subdivision if, upon review, it determines there is good cause to do so in order to align with changes in technology and actual market conditions. If the commission adjusts these threshold speeds, it shall publicize the adjusted speed thresholds on its website.

SB70-AA1,1063 Section 1063. 196.504 (1) (c) 3. of the statutes is created to read:

SB70-AA1,470,6 196.504 (1) (c) 3. Available, reliable, and affordable.

SB70-AA1,1064 Section 1064. 196.504 (2) (a) of the statutes, as affected by 2021 Wisconsin Act 58, is amended to read:

SB70-AA1,470,13 196.504 (2) (a) To make broadband expansion grants to eligible applicants for the purpose of constructing broadband infrastructure in underserved unserved areas designated under par. (d) (e). Grants awarded under this section subsection shall be paid from the appropriations under ss. 20.155 (3) (c), (r), and (rm) and 20.866 (2) (z), in the amount allocated under s. 20.866 (2) (z) 5.

SB70-AA1,1065 Section 1065. 196.504 (2) (c) of the statutes is renumbered 196.504 (2) (c) 1. (intro.) and amended to read:

SB70-AA1,470,18 196.504 (2) (c) 1. (intro.) To establish criteria for evaluating applications and awarding grants under this section subsection. The criteria shall prohibit grants give priority to all of the following:

SB70-AA1,470,21 a. Grants that do not have the effect of subsidizing the expenses of a provider of telecommunications service, as defined in s. 182.017 (1g) (cq), or the monthly bills of customers of those providers. The criteria shall give priority to projects

SB70-AA1,470,23 c. Projects that include at least 40 percent matching funds, and shall give higher priority to projects with more than 40 percent matching funds.

SB70-AA1,470,25 d. Projects that involve public-private partnerships , that affect unserved areas,.

SB70-AA1,471,1 e. Projects that are scalable,.

SB70-AA1,471,4 f. Projects that promote economic development , that will not result in delaying the provision of broadband service to areas neighboring areas to be served by the proposed project, or.

SB70-AA1,471,6 g. Projects that affect a large geographic area that is difficult to connect or a large number of underserved unserved individuals or communities.

SB70-AA1,471,8 2. When evaluating grant applications under this section subsection, the commission shall consider the all of the following:

SB70-AA1,471,12 a. The degree to which the proposed projects would duplicate existing broadband infrastructure, information about the presence of which is provided to the commission by the applicant or another person within a time period designated by the commission; the.

SB70-AA1,471,14 b. The impacts of the proposed projects on the ability of individuals to access health care services from home and the cost of those services; and the.

SB70-AA1,471,16 c. The impacts of the proposed projects on the ability of students to access educational opportunities from home.

SB70-AA1,1066 Section 1066. 196.504 (2) (c) 1. b. of the statutes is created to read:

SB70-AA1,471,18 196.504 (2) (c) 1. b. Require that projects serve unserved areas.

SB70-AA1,1067 Section 1067. 196.504 (2) (c) 1. h. of the statutes is created to read:

SB70-AA1,472,4 196.504 (2) (c) 1. h. Projects that are capable of offering service at actual download speeds of 100 megabits per second or greater and upload speeds of 100 megabits per second or greater and shall give higher priority to projects that are capable of exceeding these speeds. Beginning on July 1 of the 2nd calendar year beginning after the effective date of this subdivision .... [LRB inserts date], and on July 1 of each successive odd-numbered year thereafter, the commission may adjust the threshold service speeds designated in this subdivision if, upon review, it determines there is good cause to do so in order to align with changes in technology and actual market conditions. If the commission adjusts these threshold speeds, it shall publicize the adjusted speeds on its website.

SB70-AA1,1068 Section 1068. 196.504 (2) (c) 2. d. and e. of the statutes are created to read:

SB70-AA1,472,6 196.504 (2) (c) 2. d. The affordability of the service.

SB70-AA1,472,8 e. All federal funding for broadband facilities in the project area of the proposed project.

SB70-AA1,1069 Section 1069. 196.504 (2) (d) of the statutes is repealed.

SB70-AA1,1070 Section 1070. 196.504 (2t) of the statutes is created to read:

SB70-AA1,472,14 196.504 (2t) (a) Within 10 days of the close of the broadband expansion grant application process, the commission shall publish on its website the proposed geographic broadband service area and the proposed broadband service speeds for each application for a broadband expansion grant submitted.

SB70-AA1,472,18 (b) An Internet service provider in or proximate to the proposed project area may, within 30 days of publication of the information under par. (a), submit in writing to the commission a challenge to an application. A challenge shall contain information demonstrating one of the following:

SB70-AA1,472,22 1. The provider currently provides available, reliable, and affordable fixed wireless or wired broadband service to any part of the proposed project area at download speeds of 100 megabits per second or greater and upload speeds of 20 megabits per second or greater.

SB70-AA1,473,4 2. The provider commits to complete construction of broadband infrastructure and to provide available, reliable, and affordable fixed wireless or wired broadband service to any part of the proposed project area at speeds equal to or greater than the speeds described under subd. 1. no later than 24 months after the date of the commission's order awarding broadband expansion grants. The provider shall submit documentation showing this commitment, including engineering plans, invoices related to project materials, permit applications, and a project timeline.

SB70-AA1,473,8 (bm) An Internet service provider that submits a challenge under this subsection shall allow the commission to inspect the broadband infrastructure identified by a provider in a challenge under par. (b) 1. or 2. to ensure it meets minimum service standards.

SB70-AA1,473,13 (c) The commission shall evaluate an Internet service provider's challenge under this subsection, and is prohibited from funding any portion of a project relating to the area that is the subject of the challenge if the commission determines that the challenger's provision of or commitment to provide broadband service that meets the requirements of par. (b) in that area is credible.

SB70-AA1,473,25 (d) If the commission denies funding to an applicant as a result of an Internet service provider's challenge made under this subsection and the Internet service provider does not fulfill its commitment to provide available, reliable, and affordable broadband service in the area that is the subject of the challenge, the commission is prohibited from awarding grant funding to that Internet service provider for the following 2 grant cycles and that Internet service provider is prohibited from participating in the challenge process under par. (b) for the following 2 grant cycles, unless the commission determines that the Internet service provider's failure to fulfill its commitment was the result of factors beyond the Internet service provider's control. The commission shall give priority scoring treatment to an application targeting a grant project area that remains unserved as a result of a successful challenge and an unfulfilled commitment.

SB70-AA1,1071 Section 1071. 196.504 (3) (intro.) of the statutes is amended to read:

SB70-AA1,474,4 196.504 (3) (intro.) The commission shall encourage the development of broadband infrastructure in underserved unserved areas of the state and do all of the following:

SB70-AA1,9336 Section 9336. Initial applicability; Public Service Commission.

SB70-AA1,474,12 (1) Broadband expansion grant program. The treatment of ss. 13.48 (30) (a) (intro.), 1., and 2. and (b), 24.40 (3), 86.16 (6), and 196.504 (1) (b) and (c) 2. and 3., (2) (a) and (d), (2t), and (3) (intro.), the renumbering and amendment of s. 196.504 (2) (c), and the creation of s. 196.504 (2) (c) 1. b. and h. and 2. d. and e. first apply to an application for a broadband expansion grant submitted pursuant to s. 196.504 during the grant application period that begins after the effective date of this subsection.

SB70-AA1,1072 Section 1072. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB70-AA1,1073 Section 1073. 20.155 (3) (b) of the statutes is created to read:

SB70-AA1,474,17 20.155 (3) (b) Broadband line extension grants. The amounts in the schedule for financial assistance grants for broadband line extension under s. 196.504 (2r).

SB70-AA1,1074 Section 1074. 20.155 (3) (r) of the statutes is amended to read:

SB70-AA1,475,3 20.155 (3) (r) Broadband expansion grants; transfers. From the universal service fund, all moneys transferred under s. 196.218 (3) (a) 2s. a., 2015 Wisconsin Act 55, section 9236 (1v), 2017 Wisconsin Act 59, section 9237 (1) and (2) (a), and 2019 Wisconsin Act 9, section 9201 (1), for broadband expansion grants under s. 196.504 (2).

SB70-AA1,1075 Section 1075. 20.155 (3) (rm) of the statutes is amended to read:

SB70-AA1,475,7 20.155 (3) (rm) Broadband grants; other funding. From the universal service fund, as a continuing appropriation, all moneys transferred under s. 196.218 (3) (a) 2s. b., for broadband expansion grants under s. 196.504 (2).

SB70-AA1,1076 Section 1076. 196.504 (2) (b) of the statutes is amended to read:

SB70-AA1,475,13 196.504 (2) (b) To prescribe the form, nature, and extent of the information that shall be contained in an application for a grant under this section subsection. The application shall require the applicant to identify the area of the state that will be affected by the proposed project and explain how the proposed project will increase broadband access.

SB70-AA1,1077 Section 1077. 196.504 (2r) of the statutes is created to read:

SB70-AA1,475,16 196.504 (2r) The commission shall administer the line extension assistance program and shall have the following powers:

SB70-AA1,475,22 (a) To make financial assistance grants to residents of properties that are not served by a broadband service provider to assist in paying the customer costs associated with line extension necessary to connect broadband service to the properties. The amount of a financial assistance grant under this subsection may not exceed $4,000. Grants awarded under this subsection shall be paid from the appropriation under s. 20.155 (3) (b).

SB70-AA1,475,25 (b) To establish criteria for evaluating applications and awarding financial assistance grants under this subsection. The criteria shall give priority to properties that serve as a primary residence.

SB70-AA1,1078 Section 1078. 20.155 (1) (q) of the statutes is amended to read:

SB70-AA1,476,6 20.155 (1) (q) Universal telecommunications service; broadband service; digital equity. From the universal service fund, the amounts in the schedule for the promotion of broadband service and, universal telecommunications service, and digital equity for the purposes specified in s. 196.218 (5) (a) 1., 4., 8., 9., and 10., and 15.

SB70-AA1,1079 Section 1079. 196.01 (2n) of the statutes is created to read:

SB70-AA1,476,9 196.01 (2n) “Digital equity” means all individuals and communities have the information technology capacity needed to fully participate in society.

SB70-AA1,1080 Section 1080. 196.218 (5) (a) 15. of the statutes is created to read:

SB70-AA1,476,12 196.218 (5) (a) 15. To administer a digital equity program for the purposes specified under s. 196.504 (10).

SB70-AA1,1081 Section 1081. 196.504 (10) of the statutes is created to read:

SB70-AA1,476,15 196.504 (10) The commission shall administer a digital equity program under which it may do all of the following:

SB70-AA1,476,16 (a) Provide outreach and assistance to promote digital equity.

SB70-AA1,476,17 (b) Coordinate the administration of federal and state digital equity funding.

SB70-AA1,476,18 (c) Provide digital navigation services.

SB70-AA1,476,19 (d) Implement digital inclusion activities.

SB70-AA1,1082 Section 1082. 66.0422 (1) (cr) of the statutes is created to read:

SB70-AA1,476,22 66.0422 (1) (cr) “Unserved area” means an area of this state that is designated as an unserved area by the public service commission under s. 196.504 (2) (e).

SB70-AA1,1083 Section 1083. 66.0422 (2) (c) of the statutes is amended to read:

SB70-AA1,477,8 66.0422 (2) (c) No less than 30 days before the public hearing, the local government prepares and makes available for public inspection a report estimating the total costs of, and revenues derived from, constructing, owning, or operating the facility and including a cost-benefit analysis of the facility for a period of at least 3 years. The costs that are subject to this paragraph include personnel costs and costs of acquiring, installing, maintaining, repairing, or operating any plant or equipment, and include an appropriate allocated portion of costs of personnel, plant, or equipment that are used to provide jointly both telecommunications services and other services. This paragraph does not apply to a broadband facility that is intended to serve an unserved area.

SB70-AA1,1084 Section 1084. 66.0422 (3d) (intro.) of the statutes is amended to read:

SB70-AA1,477,17 66.0422 (3d) (intro.) Subsection (2) does not apply to a facility for providing broadband service to an area within the boundaries of a local government if the local government asks, in writing, each person that provides broadband service within the boundaries of the local government whether the person currently provides broadband service to the area and, if the area is not an unserved area, whether the person intends to provide broadband service to the area within 9 months, or, if the area is an unserved area, whether the person actively plans to provide broadband service to the area within 3 months and any of the following are satisfied:

SB70-AA1,1085 Section 1085. 66.0422 (3d) (a) of the statutes is amended to read:

SB70-AA1,478,2 66.0422 (3d) (a) The local government asks, in writing, each person that provides broadband service within the boundaries of the local government whether the person currently provides broadband service to the area or intends to provide broadband service within 9 months to the area and within 60 days after receiving the written request no person responds in writing to the The local government does not receive a response in writing that the a person currently provides broadband service to the area or intends or actively plans to provide broadband service to the area within 9 months the relevant time period.

SB70-AA1,1086 Section 1086. 66.0422 (3d) (b) of the statutes is amended to read:

SB70-AA1,478,7 66.0422 (3d) (b) The local government determines that a person who responded to a written request under par. (a) that the person currently provides broadband service to the area did not actually provide broadband service to the area and no other person makes the response responds to the local government described in par. (a).

SB70-AA1,1087 Section 1087. 66.0422 (3d) (c) of the statutes is amended to read:

SB70-AA1,478,14 66.0422 (3d) (c) The local government determines that a person who responded to a written request under par. (a) that the person intended or actively planned to provide broadband service to the area within 9 months the relevant time period did not actually provide broadband service to the area within 9 months the relevant time period and no other person makes the response responds to the local government described in par. (a).

SB70-AA1,1088 Section 1088. 66.0422 (3m) (b) of the statutes is amended to read:

SB70-AA1,478,18 66.0422 (3m) (b) The municipality itself does not use the facility to provide broadband service to end users. This paragraph does not apply to a facility that is intended to serve an unserved area.

SB70-AA1,1089 Section 1089. 66.0422 (3m) (c) of the statutes is amended to read:

SB70-AA1,478,24 66.0422 (3m) (c) The municipality determines that, at the time that the municipality authorizes the construction, ownership, or operation of the facility, whichever occurs first, the facility does not compete with more than one provider of broadband service. This paragraph does not apply to a facility that is intended to serve an unserved area.

SB70-AA1,1090 Section 1090. 100.2091 of the statutes is created to read:

SB70-AA1,479,4 100.2091 Broadband; discrimination prohibited. (1) No broadband service provider may deny access to broadband service to any group of potential residential customers because of the race or income of the residents in the area in which the group resides.

SB70-AA1,479,9 (2) It is a defense to an alleged violation of sub. (1) based on income if, no later than 3 years after the date on which the broadband service provider began providing broadband service in this state, at least 30 percent of the households with access to the broadband service provider's broadband service in the area in which a group of potential residential customers resides are low-income households.

SB70-AA1,479,18 (3) The department may enforce this section and may promulgate rules to implement and administer this section, including rules that define low-income households, and to align department rules with federal communications commission broadband rules. The department of justice may represent the department in an action to enforce this section. If the court finds that a broadband service provider has not complied with this section, the court shall order the broadband service provider to comply with this section within a reasonable amount of time and, notwithstanding s. 814.14 (1), shall award costs, including reasonable attorney fees, to the department of justice.