Amendment AA1-SB70

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SB70-AA1,1069 Section 1069. 196.504 (2) (d) of the statutes is repealed.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

SB70-AA1,479,24 (4) Any person that is affected by a failure to comply with this section may bring an action to enforce this section. If a 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 person affected.

SB70-AA1,1091 Section 1091. 100.2092 of the statutes is created to read:

SB70-AA1,480,5 100.2092 Broadband service subscriber rights. (1) Rights. (a) A broadband service provider shall repair broadband service within 72 hours after a subscriber reports a service interruption or requests the repair if the service interruption is not the result of a major system-wide or large area emergency, such as a natural disaster.

SB70-AA1,480,9 (b) Upon notification by a subscriber of a service interruption, a broadband service provider shall give the subscriber a credit for one day of broadband service if broadband service is interrupted for more than 4 hours in one day and the interruption is caused by the broadband service provider.

SB70-AA1,480,13 (c) Upon notification by a subscriber of a service interruption, a broadband service provider shall give the subscriber a credit for each hour that broadband service is interrupted if broadband service is interrupted for more than 4 hours in one day and the interruption is not caused by the broadband service provider.

SB70-AA1,480,16 (d) Prior to entering into a service agreement with a subscriber, a broadband service provider shall disclose that a subscriber has a right to a credit for notifying the broadband service provider of a service interruption.

SB70-AA1,480,18 (e) A broadband service provider shall provide broadband service that satisfies minimum standards established by the department by rule.

SB70-AA1,480,20 (f) A broadband service provider shall give a subscriber at least 30 days' advance written notice before instituting a rate increase.

SB70-AA1,480,23 (g) A broadband service provider shall give a subscriber at least 7 days' advance written notice of any scheduled routine maintenance that causes a service slowdown, interruption, or outage.

SB70-AA1,481,3 (h) A broadband service provider shall give a subscriber at least 10 days' advance written notice of disconnecting service, unless the disconnection is requested by the subscriber.

SB70-AA1,481,6 (i) Prior to entering into a service agreement with a subscriber, a broadband service provider shall disclose the factors that may cause the actual broadband speed experience to vary, including the number of users and device limitations.

SB70-AA1,481,9 (j) A broadband service provider shall provide broadband service to a subscriber as described in point-of-sale advertisements and representations made to the subscriber.

SB70-AA1,481,12 (k) A broadband service provider shall give a subscriber at least 10 days' advance written notice of a change in a factor that may cause the originally disclosed broadband speed experience to vary.

SB70-AA1,481,17 (L) A broadband service provider shall allow a subscriber to terminate a contract and receive a full refund without fees if the provider sells a service that does not satisfy the requirements established under par. (e) and the broadband service provider does not satisfy the requirements established under par. (e) within one month of written notification from the subscriber.

SB70-AA1,481,21 (2) Advertising. A broadband service provider shall disclose the factors that may cause the actual broadband speed experience of a subscriber to vary, including the number of users and device limitations, in each advertisement of the speed of the provider's service, including in all of the following types of advertisements:

SB70-AA1,481,22 (a) Television and other commercials.

SB70-AA1,481,23 (b) Internet and email advertisements.

SB70-AA1,481,24 (c) Print advertisements and bill inserts.

SB70-AA1,482,2 (d) Any other advertising method or solicitation for the sale of new or upgraded broadband service.

SB70-AA1,482,5 (3) Rules. The department may promulgate rules to implement and administer this section, including rules to align department rules with federal communications commission broadband rules.

SB70-AA1,482,9 (4) Penalty; enforcement. (a) A person who violates this section may be required to forfeit not more than $1,000 for each violation and not more than $10,000 for each occurrence. Failure to give a notice required under sub. (1) (f) to more than one subscriber shall be considered one violation.

SB70-AA1,482,11 (b) The department or a district attorney may institute civil proceedings under this section.

SB70-AA1,1092 Section 1092. 165.25 (4) (ar) of the statutes is amended to read:

SB70-AA1,482,19 165.25 (4) (ar) The department of justice shall furnish all legal services required by the department of agriculture, trade and consumer protection relating to the enforcement of ss. 91.68, 93.73, 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.195, 100.20, 100.205, 100.207, 100.209, 100.2091, 100.2092, 100.21, 100.28, 100.37, 100.42, 100.50, 100.51, 100.55, and 846.45 and chs. 126, 136, 344, 704, 707, and 779, together with any other services as are necessarily connected to the legal services.

SB70-AA1,1093 Section 1093. 196.5048 of the statutes is created to read:

SB70-AA1,482,22 196.5048 Internet service provider registration. No person may provide Internet service in this state unless the person registers with the commission.

SB70-AA1,9302 Section 9302. Initial applicability; Agriculture, Trade and Consumer Protection.

SB70-AA1,483,3 (1) Subscribers terminating broadband contracts. The treatment of s. 100.2092 (1) (L) first applies to a contract that is entered into, renewed, or modified on the effective date of this subsection.