LRB-0923/1
MDK&CMH:sac:jf
2013 - 2014 LEGISLATURE
March 26, 2013 - Introduced by
Joint Legislative Council. Referred to Committee
on Energy and Utilities.
AB101,1,3
1An Act to repeal 256.35 (3) (a) 3.;
to renumber and amend 256.35 (3) (a) 2.;
2and
to create 20.155 (3) (g) and 256.35 (3f) of the statutes;
relating to: state
3911 telecommunications services and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Joint Legislative Council prefatory note: This bill was prepared for the Joint
Legislative Council's Special Committee on 911 Communications.
This bill requires the public service commission (PSC) to contract with a network
of 911 telecommunications service providers to perform selective routing services,
manage updates to automatic location information databases, manage master street
address guides statewide, and perform other functions related to state 911
telecommunications services. The bill also requires communications providers to provide
price schedules for 911 telecommunications services to the PSC, requires the PSC to
review the price schedules to determine whether they are commercially reasonable, and
requires the PSC to reimburse the commercially reasonable costs the providers incur.
These costs include those associated with both wireless and landline 911
telecommunications service.
The requirements described above are intended to replace requirements under
current law for counties to contract with telecommunications utilities for 911
telecommunications services. Those requirements under current law are repealed by
2013 Assembly Bill .... (LRB-0921/1). This bill includes transitional provisions for
telecommunications utilities to continue to perform the contracts until the requirements
described above are implemented. In addition, the bill includes requirements for the PSC
to reimburse telecommunications utilities for services provided during the transition.
This bill also creates a staff position at the PSC to perform these functions and
allows the PSC to pay its administrative expenses from the state 911 fee, not to exceed
1% of the revenue from that fee that is disbursed under contracts with 911
telecommunications service providers and paid to communications providers for 911
telecommunications service.
AB101,1
1Section
1. 20.155 (3) (g) of the statutes is created to read:
AB101,2,82
20.155
(3) (g)
Statewide 911 telecommunications. From the moneys received
3under s. 256.35 (3) (dm), a sum sufficient for contracts required under s. 256.35 (3f)
4(b), reimbursements required under s. 256.35 (3f) (c) and 2013 Wisconsin .... (this
5act), section 5 (2) (c) and (d), and administration of the contracts and
6reimbursements, except that no more than 1 percent of the moneys appropriated
7under this paragraph for the contracts and reimbursements may be used for
8administration of the contracts and reimbursements.
AB101,2
9Section
2. 256.35 (3) (a) 2. of the statutes is renumbered 256.35 (3f) (a) and
10amended to read:
AB101,2,1811
256.35
(3f) (a)
"Costs" In this subsection, "costs" means the costs incurred by
12a
service supplier communications provider or 911 service provider after
13August 1, 1987 the effective date of this paragraph .... [LRB inserts date], in
14installing and maintaining the trunking and central office equipment used only to
15operate a basic or sophisticated system and the
database databases used only to
16operate a sophisticated system
; the costs incurred for the provision of 911
17telecommunications service between selective routers and public safety answering
18points; and all other costs associated with providing 911 telecommunications service.
Note: This revision would include as recoverable costs all telecommunications
costs incurred by "911 service providers" and "communications providers", as defined
below.
AB101,3
1Section
3. 256.35 (3) (a) 3. of the statutes is repealed.
AB101,4
2Section
4. 256.35 (3f) of the statutes is created to read:
AB101,3,53
256.35
(3f) Statewide 911 telecommunications. (b) From the appropriation
4under s. 20.155 (3) (g), the commission shall contract with 911 service providers for
5the establishment and maintenance of a statewide 911 telecommunications system.
AB101,3,136
(c) From the appropriation under s. 20.155 (3) (g), the commission shall
7reimburse all commercially reasonable costs incurred by a communications provider
8to provide 911 telecommunications service. A communications provider shall file
9with the commission a price schedule that lists the prices of all of the
10communications provider's services associated with installing, maintaining, and
11operating 911 telecommunications service, including nonrecurring and recurring
12costs. The commission shall determine whether a communications provider's price
13schedule is commercially reasonable.
AB101,3,1514
(d) The commission may contract with a 3rd party for the administration of this
15subsection.
AB101,5
16Section
5
.
Nonstatutory provisions.
AB101,3,2117
(1)
Position authorization. The authorized FTE positions for the public service
18commission are increased by 1.0 PR position, to be funded from the appropriation
19under section 20.155 (3) (g) of the statutes, as created by this act, for the purpose of
20administration of contracts and reimbursements required under section 256.35 (3f)
21of the statutes, as created by this act.
AB101,3,2222
(2)
Transition to statewide 911 telecommunications service.
AB101,3,2323
(a)
Definitions. In this subsection:
AB101,4,2
11. "911 contracts" means the contracts required under section 256.35 (3f) (b) of
2the statutes, as created by this act.
AB101,4,3
32. "Commission" means the public service commission.
AB101,4,6
43. "Existing contract" means a contract described in section 256.35 (3) (b) 3.,
52011 stats., between a county and service provider that is in effect immediately
6before the effective date of this subdivision.
AB101,4,8
74. "Service supplier" has the meaning given in section 256.35 (3) (a) 3., 2011
8stats.
AB101,4,9
95. "Service user" has the meaning given in section 256.35 (3) (a) 4., 2011 stats.
AB101,4,1610
(b)
Existing duties. If a county and service provider have entered into an
11existing contact, the service provider shall continue to perform the duties specified
12in the existing contract. The requirement to perform those duties shall terminate
13on the date, as determined by the commission, that a statewide 911
14telecommunications system is established in the county pursuant to the applicable
15911 contracts. The commission shall specify the termination date in a written notice
16that the commission shall provide to the service provider and county.
AB101,4,2117
(c)
Reimbursement for existing duties. From the appropriation under section
1820.155 (3) (g) of the statutes, as created by this act, the commission shall reimburse
19a service provider for performing the duties required under paragraph (b). The
20amount of the reimbursement may not exceed the charges levied on the service
21provider's service users under section 256.35 (3) (b), 2011 stats.
AB101,5,322
(d)
Other reimbursement. From the appropriation under section 20.155 (3) (g)
23of the statutes, as created by this act, the commission shall reimburse a service
24provider for any nonrecurring services described in section 256.35 (3) (b) 3. a., 2011
25stats., that are provided under an existing contract, that the service provider has not
1recovered in rates pursuant to section 256.35 (3) (d), 2011 stats., and for which the
2service provider is not otherwise reimbursed under paragraph (c), all contracts, or
3section 256.35 (3f) (c) of the statutes, as created by this act.
AB101,5,64
(3)
Reconciliation. This act is void if 2013 Assembly Bill .... (LRB-0919/1),
52013 Assembly Bill .... (LRB-0921/1), 2013 Assembly Bill .... (LRB-0922/1), or 2013
6Assembly Bill .... (LRB-0924/1) are not enacted.
AB101,6
7Section
6.
Effective date.
AB101,5,108
(1) The treatment of sections 20.155 (3) (g) and 256.35 (3) (a) 2. and 3. and (3f)
9of the statutes and
Section 5 of this act take effect on the first day of the 4th month
10beginning after publication.
