Chapter DFI-CCS 20

Chapter DFI-CCS 20

VIDEO SERVICE FRANCHISE

DFI-CCS 20.01   Authority.

DFI-CCS 20.02   Definitions.

DFI-CCS 20.03   Filings.

DFI-CCS 20.04   Annual fees and report.

DFI-CCS 20.05   Certificates.

DFI-CCS 20.06   Video franchise area descriptions.

DFI-CCS 20.07   Maps.

DFI-CCS 20.08   Map and video franchise area description amendments.

DFI-CCS 20.09   Qualifications.

DFI-CCS 20.10   Proceedings and hearings.

DFI-CCS 20.01 DFI-CCS 20.01 Authority. This chapter is adopted pursuant to ss. 66.0420 (13) and 227.11 (2), Stats.

DFI-CCS 20.01 History History: CR 08-041: cr. Register September 2008 No. 633, eff. 10-1-08.

DFI-CCS 20.02 DFI-CCS 20.02 Definitions. In this chapter:

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

DFI-CCS 20.03 DFI-CCS 20.03 Filings.

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 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 20.03(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 History History: 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 DFI-CCS 20.04 Annual fees and report.

DFI-CCS 20.04(1) (1) If a video service provider has 10,000 or less subscribers, the annual fees shall be those set forth in s. 66.0420 (3) (k) 2., Stats.

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

DFI-CCS 20.05 DFI-CCS 20.05 Certificates.

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

DFI-CCS 20.06 DFI-CCS 20.06 Video franchise area descriptions.

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

DFI-CCS 20.07 DFI-CCS 20.07 Maps.

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)(a) (a) The geographic map image.

DFI-CCS 20.07(3)(b) (b) A scale indicator.

DFI-CCS 20.07(3)(c) (c) A graphic indicating the direction north.

DFI-CCS 20.07(3)(d) (d) A title indicating the map’s purpose.

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)(f) (f) A legend or key to any symbols on the geographic map image.