Chapter 196

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.

196.504(9) (9) 

196.504(9)(a) (a) The commission may develop a model ordinance that complies with sub. (5) for a political subdivision to review applications and issue permits related to broadband network projects.

196.504(9)(b) (b) If the commission develops a model ordinance under par. (a) and a political subdivision enacts a different ordinance that complies with sub. (5), the political subdivision shall, when applying for certification under sub. (4), provide the commission with a written statement that describes the ordinance and how the ordinance differs from the model ordinance.

196.504 History History: 2013 a. 20; 2015 a. 55, 278; 2017 a. 59; 2021 a. 58; 2023 a. 77.

196.5045 196.5045 Telecommuter Forward! certification.

196.5045(1) (1) In this section, “political subdivision” means a city, village, town, or county.

196.5045(2) (2) A political subdivision may apply to the commission for certification as a Telecommuter Forward! community. The commission shall prescribe the form and manner for making an application and a process for public notice and comment on an application. The commission shall approve an application and certify a political subdivision as a Telecommuter Forward! community if the commission determines that the political subdivision has adopted a resolution that complies with sub. (3). Before approving an application, the commission shall consider any public comments made regarding the application.

196.5045(3) (3) A political subdivision may not be certified as a Telecommuter Forward! community under sub. (2) unless the political subdivision adopts a resolution that does all of the following:

196.5045(3)(a) (a) States the political subdivision’s support and commitment to promote the availability of telecommuting options.

196.5045(3)(b) (b) Provides for a single point of contact for coordinating telecommuting opportunities that has all of the following responsibilities:

196.5045(3)(b)1. 1. Coordination and partnership with broadband providers, realtors, economic development professionals, employers, employees, and other telecommuting stakeholders.

196.5045(3)(b)2. 2. Collaboration with broadband providers and employers to identify, develop, and market telecommuter-capable broadband packages.

196.5045(3)(b)3. 3. Communication and partnership with broadband providers and economic development professionals to develop common goals.

196.5045(3)(b)4. 4. Promotion of telecommuter-friendly workspaces, such as business incubators with telecommuting spaces, if such a workspace has been established in the political subdivision at the time the political subdivision adopts the resolution.

196.5045(3)(b)5. 5. Familiarity with broadband mapping tools and other state-level resources.

196.5045(3)(b)6. 6. Maintaining regular communication with the state broadband office.

196.5045(3)(b)7. 7. Making regular reports to the governing body of the political subdivision.

196.5045 History History: 2017 a. 342.

196.505 196.505 Construction of chapter.

196.505(1) (1) Nothing in this chapter may be construed to deny a foreign corporation the privilege of offering telecommunications services in this state if it has received a certificate of authority under ch. 180 and any other authorization from the commission required under this chapter.

196.505(2) (2) Nothing in this chapter may be construed to permit ch. 184 or this chapter to apply differently to a foreign corporation which offers telecommunications services in this state than to a similarly situated domestic corporation which offers telecommunications services in this state.

196.505 History History: 1985 a. 297; 1993 a. 496; 2017 a. 364 s. 49.

196.51 196.51 Prior permits and franchises validated. Any license, permit or franchise to own, operate, manage or control any plant or equipment for the production, transmission, delivery or furnishing of heat, light, water or power in any municipality is valid and shall not be affected by s. 196.50 (1), if the license, permit or franchise was granted prior to April 3, 1911, to any public utility or was under consideration prior to April 3, 1911, in the governing body of any municipality at the time another public utility operating in the municipality obtained an indeterminate permit.

196.51 History History: 1983 a. 53.

196.52 196.52 Relations with affiliated interests; definition; contracts with affiliates filed and subject to commission control.

196.52(1) (1) In this section, “person” includes but is not limited to trustees, lessees, holders of beneficial equitable interest, voluntary associations, receivers, partnerships and corporations; and “affiliated interests” means, with respect to a public utility:

196.52(1)(a) (a) Any person owning or holding directly or indirectly 5 percent or more of the voting securities of the public utility.

196.52(1)(b) (b) Any person in any chain of successive ownership of 5 percent or more of voting securities of the public utility.

196.52(1)(c) (c) Every corporation 5 percent or more of whose voting securities is owned by any person owning 5 percent or more of the voting securities of the public utility or by any person in any chain of successive ownership of 5 percent or more of voting securities of the public utility.

196.52(1)(d) (d) Any person who is an officer or director of the public utility or of any corporation in any chain of successive ownership of 5 percent or more of voting securities of the public utility.

196.52(1)(e) (e) Any corporation operating a public utility, a railroad, or a servicing organization for furnishing supervisory, construction, engineering, accounting, legal and similar services to public utilities or railroads, which has one or more officers or one or more directors in common with the public utility, and any other corporation which has directors in common with the public utility if the number of such directors of the corporation is more than one-third of the total number of the public utility’s directors.

196.52(1)(f) (f) Any person whom the commission determines as a matter of fact after investigation and hearing to be actually exercising any substantial influence over the policies and actions of the public utility even if such influence is not based upon stockholding, stockholders, directors or officers as specified under pars. (a) to (e).

196.52(1)(g) (g) Any other person whom the commission determines as a matter of fact after investigation and hearing to be actually exercising substantial influence over the policies and actions of the public utility in conjunction with one or more other persons with whom they are related by ownership, by blood or adoption or by action in concert that together they are affiliated with such public utility for the purpose of this section, even though no one of them alone is so affiliated under pars. (a) to (f).

196.52(1)(h) (h) Any subsidiary of the public utility. In this paragraph, “subsidiary” means any person 5 percent or more of the securities of which are directly or indirectly owned by a public utility.

196.52(3) (3) 

196.52(3)(a) (a) In this subsection, “contract or arrangement” means a contract or arrangement providing for the furnishing of management, supervisory, construction, engineering, accounting, legal, financial or similar services and any contract or arrangement for the purchase, sale, lease or exchange of any property, right, or thing, or for the furnishing of any service, property, right, or thing, other than management, supervisory, construction, engineering, accounting, legal, financial or similar services, but “contract or arrangement” does not include a contract or arrangement under which a transmission utility, as defined in s. 196.485 (1) (i), sells or transfers securities, as defined in s. 196.485 (1) (fe), that have been issued by a transmission company, as defined in s. 196.485 (1) (ge). Except as provided under par. (b), unless and until the commission gives its written approval, any contract or arrangement is not valid or effective if the contract or arrangement is made between a public utility and an affiliated interest after June 7, 1931. Every public utility shall file with the commission a verified copy of any contract or arrangement, a verified summary of any unwritten contract or arrangement, and any contract or arrangement, written or unwritten, which was in effect on June 7, 1931. The commission shall approve a contract or arrangement made or entered into after June 7, 1931, only if it shall clearly appear and be established upon investigation that it is reasonable and consistent with the public interest. The commission may not approve any contract or arrangement unless satisfactory proof is submitted to the commission of the cost to the affiliated interest of rendering the services or of furnishing the property or service to each public utility or of the cost to the public utility of rendering the services or of furnishing the property or service to each affiliated interest. No proof is satisfactory under this paragraph unless it includes the original (or verified copies) of the relevant cost records and other relevant accounts of the affiliated interest, or an abstract of the records and accounts or a summary taken from the records and accounts if the commission deems the abstract or summary adequate. The accounts shall be properly identified and duly authenticated. The commission, where reasonable, may approve or disapprove a contract or arrangement without submission of the cost records or accounts.

196.52(3)(b) (b)

196.52(3)(b)1. 1. The requirement for written approval under par. (a) shall not apply to any contract or arrangement if the amount of consideration involved is not in excess of the threshold amount under subd. 1m. or 5 percent of the equity of the public utility, whichever is smaller. The requirement under par. (a) also does not apply to contracts or arrangements with joint local water authorities under s. 66.0823. Regularly recurring payments under a general or continuing arrangement which aggregate a greater annual amount may not be broken down into a series of transactions to come within the exemption under this paragraph. Any transaction exempted under this paragraph shall be valid or effective without commission approval under this section.