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100.20
(1v) It is an unfair method of competition in business or an unfair trade
25practice for a person or business entity to violate s.
100.2093 (1) or (2) or 100.70 (1).
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1Section
29. 100.20 (5) of the statutes is amended to read:
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100.20
(5) Any person suffering pecuniary loss because of a violation by any
3other person of s.
100.2093 or 100.70 or any order issued under this section may sue
4for damages therefor in any court of competent jurisdiction and shall recover twice
5the amount of such pecuniary loss, together with costs, including a reasonable
6attorney fee.
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7Section
30. 100.20 (6) of the statutes is amended to read:
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100.20
(6) The department may commence an action in circuit court in the
9name of the state to restrain by temporary or permanent injunction the violation of
10s.
100.2093 or 100.70 or any order issued under this section. The court may in its
11discretion, prior to entry of final judgment make such orders or judgments as may
12be necessary to restore to any person any pecuniary loss suffered because of the acts
13or practices involved in the action, provided proof thereof is submitted to the
14satisfaction of the court. The department may use its authority in ss. 93.14 and 93.15
15to investigate violations of s.
100.2093 or 100.70 or any order issued under this
16section.
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17Section
31. 100.2091 of the statutes is created to read:
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18100.2091 Broadband; discrimination prohibited. (1) No broadband
19service provider may deny access to broadband service to any group of potential
20residential customers because of the race or income of the residents in the area in
21which the group resides.
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22(2) It is a defense to an alleged violation of sub. (1) based on income if, no later
23than 3 years after the date on which the broadband service provider began providing
24broadband service in this state, at least 30 percent of the households with access to
1the broadband service provider's broadband service in the area in which a group of
2potential residential customers resides are low-income households.
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3(3) The department may enforce this section and may promulgate rules to
4implement and administer this section. The department of justice may represent the
5department in an action to enforce this section. If the court finds that a broadband
6service provider has not complied with this section, the court shall order the
7broadband service provider to comply with this section within a reasonable amount
8of time and, notwithstanding s. 814.14 (1), shall award costs, including reasonable
9attorney fees, to the department of justice.
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10(4) Any person that is affected by a failure to comply with this section may bring
11an action to enforce this section. If a court finds that a broadband service provider
12has not complied with this section, the court shall order the broadband service
13provider to comply with this section within a reasonable amount of time and,
14notwithstanding s. 814.14 (1), shall award costs, including reasonable attorney fees,
15to the person affected.
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16Section
32. 100.2092 of the statutes is created to read:
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17100.2092 Broadband service subscriber rights. (1) Rights. (a) A
18broadband service provider shall repair broadband service within 72 hours after a
19subscriber reports a service interruption or requests the repair if the service
20interruption is not the result of a major systemwide or large area emergency, such
21as a natural disaster.
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(b) Upon notification by a subscriber of a service interruption, a broadband
23service provider shall give the subscriber a credit for one day of broadband service
24if broadband service is interrupted for more than 4 hours in one day and the
25interruption is caused by the broadband service provider.
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1(c) Upon notification by a subscriber of a service interruption, a broadband
2service provider shall give the subscriber a credit for each hour that broadband
3service is interrupted if broadband service is interrupted for more than 4 hours in
4one day and the interruption is not caused by the broadband service provider.
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(d) Prior to entering into a service agreement with a subscriber, a broadband
6service provider shall disclose that a subscriber has a right to a credit for notifying
7the broadband service provider of a service interruption.
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(e) A broadband service provider shall provide broadband service that satisfies
9minimum standards established by the department by rule.
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(f) A broadband service provider shall give a subscriber at least 30 days'
11advance written notice before instituting a rate increase.
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(g) A broadband service provider shall give a subscriber at least 7 days' advance
13written notice of any scheduled routine maintenance that causes a service slowdown,
14interruption, or outage.
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(h) A broadband service provider shall give a subscriber at least 10 days'
16advance written notice of disconnecting service, unless the disconnection is
17requested by the subscriber.
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(i) Prior to entering into a service agreement with a subscriber, a broadband
19service provider shall disclose the factors that may cause the actual broadband speed
20experience to vary, including the number of users and device limitations.
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(j) A broadband service provider shall provide broadband service to a
22subscriber as described in point of sale advertisements and representations made to
23the subscriber.
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1(k) A broadband service provider shall give a subscriber at least 10 days'
2advance written notice of a change in a factor that might cause the originally
3disclosed speed experience to vary.
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(L) A broadband service provider shall allow a subscriber to terminate a
5contract and receive a full refund without fees if the provider sells a service that does
6not satisfy the requirements established under par. (e) and the broadband service
7provider does not satisfy the requirements established under par. (e) within one
8month of written notification from the subscriber.
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9(2) Advertising. A broadband service provider shall disclose the factors that
10may cause the actual broadband speed experience of a subscriber to vary, including
11the number of users and device limitations, in each advertisement of the speed of the
12provider's service, including in all of the following types of advertisements:
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(a) Television and other commercials.
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(b) Internet and email advertisements.
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(c) Print advertisements and bill inserts.
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(d) Any other advertising method or solicitation for the sale of new or upgraded
17broadband service.
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18(3) Rules. The department may promulgate rules to implement and
19administer this section.