Chapter DFI-CCS 20

DFI-CCS 20.07 Note Example: 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) (5) Boundary detail requirements for video franchise area.

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 Note Note: 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 History History: CR 08-041: cr. Register September 2008 No. 633, eff. 10-1-08.

DFI-CCS 20.08 DFI-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 Note Example: 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 History History: CR 08-041: cr. Register September 2008 No. 633, eff. 10-1-08.

DFI-CCS 20.09 DFI-CCS 20.09 Qualifications.

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 History History: CR 08-041: cr. Register September 2008 No. 633, eff. 10-1-08.

DFI-CCS 20.10 DFI-CCS 20.10 Proceedings and hearings.

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 History History: 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.