Chapter 196

196.50 History History: 1977 c. 418; 1983 a. 53; 1985 a. 297 ss. 52 to 54, 76; 1993 a. 496; 1995 a. 409; 1999 a. 150 s. 672; 2005 a. 441; 2007 a. 42; 2011 a. 22, 155; 2013 a. 125, 300.

196.50 Cross-reference Cross-reference: For division of service between competing utilities, see s. 197.01 (4).

196.503 196.503 Telecommunications provider of last-resort obligations.

196.503(1) (1) Definitions. In this section, “basic voice service” means the provision to residential customers of 2-way voice communication within a local calling area. “Basic voice service” includes extended community calling and extended area service. “Basic voice service” does not include the offering of Internet access service or any discretionary or optional services that are provided to a residential customer, even if provided in a bundle or package with basic voice service.

196.503(2) (2) Incumbent local exchange carrier obligations.

196.503(2)(a) (a) Notwithstanding any other provision in this chapter, and except as provided in sub. (3), an incumbent local exchange carrier shall make basic voice service available to all residential customers within a local exchange area in which it operates as an incumbent local exchange carrier.

196.503(2)(b) (b) An incumbent local exchange carrier may satisfy its obligations under par. (a) through an affiliate and through the use of any available technology or mode.

196.503(3) (3) Waivers.

196.503(3)(a) (a) An incumbent local exchange carrier may apply to the commission for a waiver from compliance with sub. (2) (a) in a local exchange area.

196.503(3)(b) (b) The commission shall grant a waiver requested under par. (a) for a local exchange area if any of the following is satisfied:

196.503(3)(b)1. 1. The commission finds that the incumbent local exchange carrier demonstrates that the waiver is in the public interest or that effective competition exists for basic voice service in the local exchange.

196.503(3)(b)2. 2. The commission has made a previous finding of effective competition under s. 196.195 (2), 2009 stats., for basic local exchange service in the local exchange. The commission may not grant a waiver under this subdivision until after June 1, 2012.

196.503(3)(c) (c) The commission’s review of a waiver requested under par. (a) shall be strictly limited to determining whether any of the criteria specified in par. (b) 1. or 2. is satisfied.

196.503(3)(d) (d)

196.503(3)(d)1. 1. Within 120 days of the filing of a waiver request based on par. (b) 1., the commission shall grant or deny the request and, if denied, the commission shall issue a written decision identifying the reasons for its denial. If the commission fails to grant or deny the waiver request within 120 days of its filing, the waiver request is considered granted by operation of law.

196.503(3)(d)2. 2. The commission shall grant a waiver based on par. (b) 2. as soon as the commission verifies that the commission has previously made the finding specified in par. (b) 2., but no later than 20 days after the filing of the waiver request. If the commission fails to grant a waiver request based on par. (b) 2. within 20 days of its filing, the waiver request is considered granted by operation of law. If the commission denies a waiver based on par. (b) 2., the commission shall issue a written decision identifying the reasons for its denial.

196.503(4) (4) Effect on other requirements.

196.503(4)(a) (a) Notwithstanding any other provision of this chapter, a commission decision prior to June 9, 2011, eliminating an incumbent local exchange carrier’s provider of last-resort obligations, by operation of law or otherwise, remains in force and in effect as to the elimination of those obligations.

196.503(4)(b) (b) Except to enforce this section, nothing in this section provides the commission with any authority to regulate, or any jurisdiction over, incumbent local exchange carriers and the rates, terms, and conditions of their services that the commission does not otherwise have under this chapter.

196.503(5) (5) Sunset. This section does not apply after April 30, 2013.

196.503 History History: 2011 a. 22.

196.504 196.504 Broadband expansion grant program; Broadband Forward! community certification.

196.504(1) (1) In this section:

196.504(1)(ab) (ab) “Economic development” has the meaning given in s. 196.796 (1) (c).

196.504(1)(ac) (ac) “Eligible applicant” means any of the following:

196.504(1)(ac)1. 1. An organization operated for profit or not for profit, including a cooperative.

196.504(1)(ac)2. 2. A telecommunications utility.

196.504(1)(ac)3. 3. A political subdivision that submits an application in partnership with an eligible applicant under subd. 1. or 2.

196.504(1)(ad) (ad) “Fixed wireless service” has the meaning given in s. 77.51 (3rn), except that it does not include mobile wireless service, as defined in s. 77.51 (7k), or telecommunications services, as defined in s. 77.51 (21n), transmitted through the use of satellite.

196.504(1)(ae) (ae) “Political subdivision” means a city, village, town, or county.

196.504(1)(am) (am) “Scalable” means, with respect to a project for a broadband network, that the broadband network has the ability to maintain the quality of its service while increasing parameters relating to the size of the network, such as the number of users, the number of network nodes, the number of services provided, or the network’s geographic spread.

196.504(1)(c) (c) “Unserved area” means an area of this state that is not served by an Internet service provider offering Internet service that is all of the following:

196.504(1)(c)1. 1. Fixed wireless service or wired service.

196.504(1)(c)2. 2.

196.504(1)(c)2.a. a. Provided at actual download speeds of 100 megabits per second or greater and upload speeds of 20 megabits per second or greater.

196.504(1)(c)2.b. b. Beginning on July 1, 2025, and on July 1 of each successive odd-numbered year thereafter, the commission may, by rule, adjust the threshold speeds designated in subd. 2. a. 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.

196.504(1)(c)3. 3. Available and reliable.

196.504(2) (2) The commission shall administer the broadband expansion program and shall have the following powers:

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

196.504(2)(b) (b) To prescribe the form, nature, and extent of the information that shall be contained in an application for a grant under this section. 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.

196.504(2)(c) (c)

196.504(2)(c)1. 1. To establish criteria for evaluating applications and awarding grants under this section, which shall require applicants to participate in the federal communications commission’s affordable connectivity program or any federally mandated successor program. The criteria shall prohibit grants that 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 all of the following:

196.504(2)(c)1.a. a. Projects that include at least 25 percent matching funds and shall give higher priority to projects with more than 25 percent matching funds.

196.504(2)(c)1.b. b. Projects that involve public-private partnerships.

196.504(2)(c)1.c. c. Projects that are scalable.

196.504(2)(c)1.d. d. Projects that promote economic development.

196.504(2)(c)1.e. e. Projects that will not result in delaying the provision of broadband service to areas neighboring areas to be served by the proposed project.

196.504(2)(c)1.f. f. Projects that affect a geographic area that is difficult to connect or a large number of unserved individuals or communities.

196.504(2)(c)1.g. g. Projects designed to provide fiber optic Internet service directly to the end user in geographic areas where the cost to deploy fiber optic Internet is below the extremely high cost per location threshold established by this state for the purpose of being eligible for federal funding under the broadband equity, access, and deployment program authorized under 47 USC 1702.

196.504(2)(c)1.h. h. Projects that affect a geographic area that has actual download speeds of 25 megabits per second or lower and upload speeds of 3 megabits per second or lower.

196.504(2)(c)2. 2. When evaluating grant applications under this section, the commission shall consider all of the following:

196.504(2)(c)2.a. 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.

196.504(2)(c)2.b. 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.

196.504(2)(c)2.c. c. The impacts of the proposed projects on the ability of students to access educational opportunities from home.

196.504(2)(c)2.d. d. Whether the applicant offers a low-cost broadband service option in order to be eligible for funding under the broadband equity, access, and deployment program administered by the federal department of commerce or participates in the federal communications commission’s affordable connectivity program or any federally mandated successor program.

196.504(2)(e) (e) To designate areas of the state as unserved areas.

196.504(2t) (2t) 

196.504(2t)(a) (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.

196.504(2t)(b) (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:

196.504(2t)(b)1. 1. The provider currently provides available and reliable fixed wireless or wired broadband service to the proposed project area at download speeds of 100 megabits per second or greater and upload speeds of 20 megabits per second or greater.

196.504(2t)(b)2. 2. The provider commits to complete construction of broadband infrastructure and to provide available and reliable fixed wireless or wired broadband service to 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 to the satisfaction of the commission, which may include engineering plans, invoices related to project materials, permit applications, and a project timeline.

196.504(2t)(c) (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.

196.504(2t)(d) (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 and reliable 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.

196.504(3) (3) The commission shall encourage the development of broadband infrastructure in unserved areas of the state and do all of the following:

196.504(3)(a) (a) Provide comprehensive information concerning permits required for broadband network projects and related business activities in the state and make this information available to any person.

196.504(3)(b) (b) Work with other state and local government offices, departments, and administrative entities to encourage timely and efficient issuance of permits and resolution of related issues.

196.504(3)(c) (c) Encourage local and federal government agencies to coordinate activities related to approving applications and issuing permits related to broadband network projects.

196.504(4) (4) A political subdivision may apply to the commission for certification as a Broadband Forward! community. The commission shall prescribe the form and manner for making an application. The commission shall prescribe a process for public notice and comment on an application for a period of at least 30 days after the application is received, except that the process does not apply to an application by a political subdivision that enacts a model ordinance developed under sub. (9) (a) or submits a written statement under sub. (9) (b). The commission shall approve an application and certify a political subdivision as a Broadband Forward! community if the commission determines that the political subdivision has enacted an ordinance that complies with sub. (5). If the process for public notice and comment applies to an application, the commission shall, before approving the application, consider any public comments made regarding the application.

196.504(5) (5) A political subdivision may not be certified as a Broadband Forward! community under sub. (4) unless the political subdivision enacts an ordinance for reviewing applications and issuing permits related to broadband network projects that provides for all of the following:

196.504(5)(a) (a) Appointing a single point of contact for all matters related to a broadband network project.

196.504(5)(b) (b) Requiring the political subdivision to determine whether an application is complete and notifying the applicant about the determination in writing within 10 days of receiving the application.

196.504(5)(c) (c) If the political subdivision does not believe that an application is complete, requiring the written notification under par. (b) to specify in detail the required information that is incomplete.

196.504(5)(d) (d) If the political subdivision does not make the written notification required under par. (b), requiring the political subdivision to consider an application to be complete.

196.504(5)(e) (e) Allowing an applicant to resubmit an application as often as necessary until the application is complete.

196.504(5)(f) (f) Within 60 days of receiving an application that is complete, requiring the political subdivision to approve or deny the application and provide the applicant written notification of the approval or denial.

196.504(5)(g) (g) If the political subdivision denies an application, requiring the political subdivision to include in the written notification under par. (f) evidence that the denial is not arbitrary and capricious.

196.504(5)(h) (h) Requiring that an application is considered approved and any required permit is issued if the political subdivision does not provide the written notification under par. (f).

196.504(5)(i) (i) Providing that any fee imposed by the political subdivision to review an application, issue a permit, or perform any other activity related to a broadband network project is reasonable.

196.504(5)(k) (k) Allowing all forms, applications, and documentation related to a broadband network project to be filed and signed by electronic or another means authorized by the commission.

196.504(6) (6) A political subdivision that the commission has certified as a Broadband Forward! community under sub. (4) may not do any of the following:

196.504(6)(a) (a) Require an applicant to designate a final contractor to complete a broadband network project.

196.504(6)(b) (b) Impose an unreasonable fee to review an application or issue a permit for a broadband network project application. Any application fee that exceeds $100 is considered unreasonable.

196.504(6)(c) (c) Impose a moratorium of any kind on the approval of applications and issuance of permits for broadband network projects or on construction related to broadband network projects.

196.504(6)(d) (d) Discriminate among providers of telecommunications service, as defined in s. 182.017 (1g) (cq), or public utilities with respect to any action described in this section or otherwise related to a broadband network project, including granting access to public rights-of-way, infrastructure and poles, river and bridge crossings, or any other physical assets owned or controlled by the political subdivision.

196.504(6)(e) (e) As a condition for approving an application or issuing a permit for a broadband network project or for any other purpose, require the applicant to do any of the following:

196.504(6)(e)1. 1. Provide any service or make available any part of the broadband network project to the political subdivision.

196.504(6)(e)2. 2. Except for reasonable fees allowed under sub. (5) (i), make any payment to or on behalf of the political subdivision.

196.504(7) (7) Upon the request of a broadband service provider, the commission may decertify a political subdivision as a Broadband Forward! community if the political subdivision fails to comply with or modifies the ordinance required for certification under sub. (4) or violates sub. (6).

196.504(8) (8) Upon a complaint that an application fee under an ordinance required for certification under sub. (4) is unreasonable, the commission shall determine whether the fee is reasonable. In the proceeding for making that determination, the political subdivision has the burden of proving the reasonableness of any function undertaken by the political subdivision as part of the application process and the reasonableness of the costs of those functions.