DFI-CCS 20.09 Qualifications. DFI-CCS 20.10 Proceedings and hearings. DFI-CCS 20.01 HistoryHistory: CR 08-041: cr. Register September 2008 No. 633, eff. 10-1-08. DFI-CCS 20.02(1)(1) “Administrator” means the administrator of the division of corporate and consumer services, department of financial institutions. DFI-CCS 20.02(2)(2) “Department” means the department of financial institutions. DFI-CCS 20.02(3)(3) “Low-income household” means a household with income equal to or less than 200% of the poverty line for a family of three as defined in 42 USC 9902(2). DFI-CCS 20.02 HistoryHistory: CR 08-041: cr. Register September 2008 No. 633, eff. 10-1-08. DFI-CCS 20.03(1)(1) Documents regarding a video service franchise shall be filed with the department as follows: DFI-CCS 20.03(1)(a)(a) By United States mail addressed to the Wisconsin Department of Financial Institutions, Division of Corporate and Consumer Services, P.O. Box 7846, Madison, WI, 53707-7846; or DFI-CCS 20.03(1)(b)(b) In person or by delivery service to the Wisconsin Department of Financial Institutions, Division of Corporate and Consumer Services, 4822 Madison Yards Way, North Tower, 4th Floor, Madison, Wisconsin, 53705. DFI-CCS 20.03(2)(2) At the time of filing, a filer may request a date-stamped copy of any document filed with the department or make arrangements with the department for delivery to the filer of a date-stamped copy of the document. DFI-CCS 20.03(3)(3) If a fee is required for any filing, the fee shall be submitted with the filing in the form and manner prescribed by the department. DFI-CCS 20.03(4)(4) Documents regarding a video service franchise filed with the department shall be on forms prescribed by the department. The original and 7 copies shall be filed with the department. DFI-CCS 20.03 NoteNote: Forms may be obtained by contacting the department at Department of Financial Institutions, Division of Corporate and Consumer Services, Video Franchise Section, P.O. Box 7846, Madison, WI 53707-7846, or at http://www.wdfi.org/corporations/. DFI-CCS 20.03(5)(5) The department may reject any filing that is incomplete, fails to include a required fee, or does not comply with any requirements set forth in s. 66.0420, Stats., or this chapter. DFI-CCS 20.03(6)(6) The department may void a filing if the instrument tendered for a required fee is returned by the institution upon which it was issued for insufficient funds or other similar reasons. DFI-CCS 20.03 HistoryHistory: CR 08-041: cr. Register September 2008 No. 633, eff. 10-1-08; correction in (1) (b) made under s. 13.92 (4) (b) 6., Stats., Register December 2012 No. 684; correction in (1) (b) made under s. 13.92 (4) (b) 6., Stats., Register May 2018 No. 749. DFI-CCS 20.04(2)(2) For all other video service providers, the first annual fee shall be $5,000 and each subsequent annual fee shall be $2,000. DFI-CCS 20.04(3)(3) The holder of a video service franchise shall submit with its annual fee a report to the department. The report shall accurately update and make current all information required in the application that has changed since the issuance of the video service franchise. The report shall also include the number of video service subscribers for each municipality within the video franchise area. The report shall be in a form and manner prescribed by the department. DFI-CCS 20.04 NoteNote: Forms may be obtained by contacting the department at Department of Financial Institutions, Division of Corporate and Consumer Services, Video Franchise Section, P.O. Box 7846, Madison, WI 53707-7846, or at http://www.wdfi.org/corporations/. DFI-CCS 20.04 HistoryHistory: CR 08-041: cr. Register September 2008 No. 633, eff. 10-1-08. DFI-CCS 20.05(1)(1) If the department determines that an applicant is qualified to provide video service, the department shall issue a video service franchise to the applicant as set forth in the application. DFI-CCS 20.05(2)(2) The holder of a video service franchise may transfer the franchise to any successor by filing a notice of transfer with the department and each affected municipality and complying with the requirements of s. 66.0420 (11), Stats. The notice shall include the address of the successor’s principal place of business and the names and titles of the successor’s principal executive officers. The successor shall assume all regulatory rights and responsibilities of the holder transferring the franchise. DFI-CCS 20.05(3)(3) A video service franchise shall expire 10 years after the date of its issuance by the department. DFI-CCS 20.05(4)(4) A holder of a video service franchise may renew a franchise if the application and notification requirements of s. 66.0420, Stats., and this chapter are met prior to the expiration of the franchise. A renewed video service franchise shall be for a period of 10 years unless the department determines that the video service provider is not legally, financially or technically qualified. DFI-CCS 20.05 HistoryHistory: CR 08-041: cr. Register September 2008 No. 633, eff. 10-1-08. DFI-CCS 20.06(1)(1) Video franchise areas shall be described in a manner sufficient to enable a person to determine whether or not a particular location falls within the video franchise area. If both a map and a description of a video franchise area are required, then the description of the video franchise area shall correspond to the map. A description shall be deemed insufficient if it merely refers to a map without a description of what the map represents. DFI-CCS 20.06 NoteExample: Any of the following descriptions would enable a person to determine whether a location falls within the described video franchise area: the entirety of the State of Wisconsin; the entirety of X county; all of X county north of Y highway; the city of Z; the A, B, and C subdivisions of Q city; or those portions of X county between river S and highway Y.
DFI-CCS 20.06(2)(2) A video franchise area description shall delineate areas served by the video service provider pursuant to the video service franchise. The video service provider shall also describe areas served by the video service provider pursuant to a municipal contract or agreement. DFI-CCS 20.06 HistoryHistory: CR 08-041: cr. Register September 2008 No. 633, eff. 10-1-08. DFI-CCS 20.07(1)(1) Request. The department may request maps related to the video franchise area as is necessary for compliance with s. 66.0420, Stats., and this chapter. DFI-CCS 20.07(2)(2) Accuracy. Maps shall accurately depict the geographic area to be served by reference to governmental boundaries, streets, roads or geographical features. DFI-CCS 20.07(3)(3) General requirements. A map shall include all of the following: DFI-CCS 20.07(3)(e)(e) A reference statement linking the map to the filing for which the map is submitted. DFI-CCS 20.07(3)(g)(g) Any additional information which may be useful to the video service subscribers, the department, governmental entities and others. DFI-CCS 20.07 NoteExample: The map may include geographic features such as waterways.
DFI-CCS 20.07(4)(4) General video franchise area requirements. The map of a video franchise area for a submitted map shall do all of the following: DFI-CCS 20.07(4)(a)(a) Delineate the video franchise area as one or more polygons. The polygons shall be closed on all sides. DFI-CCS 20.07(4)(b)(b) Identify area included in the video franchise area polygons through use of color fill, hash marks, hatching or similar graphic depiction. DFI-CCS 20.07(4)(c)(c) Contain a legend or key to any symbols used to depict the video franchise area. If hash marks are used to identify included areas of the video franchise area, the legend or key shall include that information. DFI-CCS 20.07(5)(a)(a) A map depicting a video franchise area that covers the entire area of one or more municipalities provides sufficient boundary detail if the map depicts the official boundaries of the covered municipality or municipalities. DFI-CCS 20.07(5)(b)(b) A map depicting a video franchise area that covers the entire area of one or more counties provides sufficient boundary detail if the map depicts the official boundaries of the covered counties. DFI-CCS 20.07(5)(c)(c) A map depicting a video franchise area that covers the entire area of the state provides sufficient boundary detail if the map depicts the official boundaries of the State. DFI-CCS 20.07(5)(d)(d) A map depicting any video franchise area that covers less than the entire area of a municipality or a county shall provide boundary detail as is necessary to comply with the requirements of s. 66.0420, Stats., and this chapter. DFI-CCS 20.07(6)(6) Filings. A map depicting recognizable geographic territory and the video franchise area descriptions depicting the video franchise area shall be combined and filed as a final map document or image. A paper copy or an electronic copy of the map shall be submitted with each filing for which a map is required. The electronic copy shall be submitted in the form and manner prescribed by the department. DFI-CCS 20.07 NoteNote: Forms may be obtained by contacting the department at Department of Financial Institutions, Division of Corporate and Consumer Services, Video Franchise Section, P.O. Box 7846, Madison, WI 53707-7846, or at http://www.wdfi.org/corporations/. DFI-CCS 20.07 HistoryHistory: CR 08-041: cr. Register September 2008 No. 633, eff. 10-1-08. DFI-CCS 20.08DFI-CCS 20.08 Map and video franchise area description amendments. A filer may amend a map or video franchise area description for reasons other than changes to the video franchise area boundaries. An amended map or video franchise area description shall be titled “Amended.” An amended map or video franchise area description shall meet the requirements of and be filed in accordance with the requirements of this chapter. DFI-CCS 20.08 NoteExample: A filer may amend a map or video franchise area description to further identify landmarks within the described video franchise area such as street names.
DFI-CCS 20.08 HistoryHistory: CR 08-041: cr. Register September 2008 No. 633, eff. 10-1-08. DFI-CCS 20.09(1)(1) Factors that the department may consider for determining whether an applicant is legally, financially and technically qualified to provide video service include the following: DFI-CCS 20.09(1)(a)(a) That the applicant is lawfully organized and is registered to conduct business in this state. DFI-CCS 20.09(1)(b)(b) That the applicant has the expertise, equipment, infrastructure and personnel to construct and maintain the video service network for which it has requested a video service franchise. DFI-CCS 20.09(1)(c)(c) That the applicant has the financial resources to construct and maintain the video service network for which it has requested a video service franchise. DFI-CCS 20.09(2)(2) An applicant shall submit documentation, to the satisfaction of the department, to support its affirmation that it is legally, technically and financially qualified to provide video service. DFI-CCS 20.09 HistoryHistory: CR 08-041: cr. Register September 2008 No. 633, eff. 10-1-08. DFI-CCS 20.10(1)(1) Grounds. Failure to comply with applicable federal and state statutes, regulations and rules, including failure to comply with any requirement regarding a video service franchise, may constitute grounds for the department to commence a proceeding or bring an action under s. 66.0420, Stats., including a revocation proceeding under s. 66.0420 (3) (i), Stats., and an action under s. 66.0420 (13) (c), Stats. DFI-CCS 20.10(2)(2) Place and conduct. Unless otherwise ordered by the administrator, any proceeding or hearing shall be held at the department, shall be conducted and presided over by the administrator or such subordinate as may be designated to hear the matter, and shall be open to the public. DFI-CCS 20.10(3)(3) Form of papers. All pleadings, notices, orders and other papers filed in connection with any proceeding or hearing shall be printed or typewritten on paper 8 1/2 inches wide and 11 inches long, shall include the name and mailing address of the party and, if applicable, the party’s representative, shall be dated, and shall be captioned: BEFORE THE ADMINISTRATOR
WISCONSIN DEPARTMENT OF FINANCIAL INSTITUTIONS
DIVISION OF CORPORATE AND CONSUMER SERVICES
DFI-CCS 20.10(4)(4) Filing of papers. The original of any pleadings, notices, orders and other papers in connection with any proceeding or hearing shall be filed with the administrator, and a copy shall be served or furnished, as the case may be, to any other party to the proceeding. Papers shall be served by first class or certified mail addressed to any party or the party’s representative at the party’s or representative’s last known post office address, or personally delivered to or served upon the party or the party’s representative. Papers required to be filed with the administrator under this section shall be mailed by first class or certified mail or delivered to the Administrator, Wisconsin Department of Financial Institutions, Division of Corporate and Consumer Services, 201 W. Washington Avenue, Suite 300, P.O. Box 7846, Madison, Wisconsin, 53707-7846. DFI-CCS 20.10(5)(5) Answer in contested cases. The respondent shall make an answer to a notice in a contested case. The answer shall be received by the administrator by the time and date indicated in the notice. The answer shall contain a specific denial of each of the numbered paragraphs and contents of the notice which are controverted by the respondent, and a statement of any new matter constituting a defense or affecting the respondent’s situation which the respondent wishes to have considered. The answer shall identify those numbered paragraphs and contents of the notice which are not controverted by the respondent. Every numbered paragraph and contents of the notice which are not controverted in the answer shall be taken as true, but new matter in the answer shall be deemed controverted without any reply being served or filed. Failure to answer shall constitute a default, but such default may be excused upon proper showing and upon such terms as the administrator deems just. DFI-CCS 20.10(6)(6) Orders. The effective date of an order issued by the administrator shall be the date it is served, and service of the order shall be complete upon mailing by either United States first class or certified mail. DFI-CCS 20.10(7)(7) Transcript. A copy of a transcript of any proceeding or hearing prepared by the department shall be provided upon request and at a reasonable cost, as determined by the division, to any party to the hearing. A copy of any transcript of any proceeding or hearing prepared by a court reporting service shall be obtained from the service upon such terms and conditions as set by the service. DFI-CCS 20.10 HistoryHistory: CR 08-041: cr. Register September 2008 No. 633, eff. 10-1-08; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register September 2008 No. 633; correction in (4) made under s. 13.92 (4) (b) 6., Stats., Register December 2012 No. 684.
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