January 6, 2014 - Introduced by Senators Cowles, Farrow and Schultz,
cosponsored by Representatives Kuglitsch, Bies, Kulp, Kahl, Ohnstad and
Petryk. Referred to Committee on Government Operations, Public Works,
and Telecommunications.
SB470,2,2 1An Act to repeal 196.01 (1d) (a), 196.01 (1d) (b), 196.01 (1r), 196.01 (4m), 196.01
2(12), 196.203 (1m) and 196.21; to amend 13.92 (4) (c), 13.92 (4) (d), 13.92 (4) (e),
313.92 (4) (f), 20.395 (3) (jh), 35.93 (2) (b) 4., 35.93 (2) (c) 1., 35.93 (3), 35.93 (3)
4(e) (intro.), 35.93 (3) (e) 1., 101.862 (4) (f), 196.19 (3), 196.19 (4), 196.192 (3) (b),
5196.194, 196.49 (5g) (a) (intro.), 196.491 (3) (g), 196.50 (2) (i), 197.10 (4), 227.01
6(13) (intro.), 227.11 (2) (intro.), 227.27 (2) and 941.40 (3) and (4) (b); and to
7create
13.92 (4) (bm) and 227.265 of the statutes; relating to: Public Service
8Commission certificates for certain activities; tampering with
9telecommunications or electric wires; regulation of pay telephone service
10providers and cable television telecommunications service providers; accident
11reporting by telecommunications utilities; the definition of transmission

1facility; availability of public utility rate schedules; and rule-making
2procedures.
Analysis by the Legislative Reference Bureau
This bill makes changes regarding all of the following: 1) Public Service
Commission (PSC) certificates required for certain activities; 2) filing requirements
for public utility rate schedules; 3) water public utility rate changes; 4)
telecommunications regulation; 4) legislative repeal or modification of agency rules;
and 5) tampering with telecommunications or electric wires.
PSC certificates. Current law prohibits a public utility from beginning
construction or providing service in a municipality, unless the public utility obtained
a certificate from the PSC authorizing the public utility to transact public utility
business. Current law also prohibits a public utility from beginning certain projects
involving new or existing plants, equipment, property, or facilities, unless the public
utility has complied with applicable PSC rules and orders. In addition, current law
allows the PSC to prohibit a public utility from proceeding with such a project until
the PSC certifies that public convenience and necessity require the project. Current
law also includes exemptions that are based on the gross cost of the project and the
type of public utility that proposes the project. The bill provides that those
exemptions do not apply to the first prohibition described in the foregoing, but do
apply to the second and third prohibitions.
Current law also generally prohibits a person from commencing construction
of certain large electric generating facilities or high-voltage transmission lines
without obtaining a certificate of public convenience and necessity (CPCN) from the
PSC. After a person files an application for a CPCN, the PSC must determine
whether the application is complete. If the PSC fails to make such a determination
within a specified deadline, the application is considered to be complete. Current law
requires the PSC to take final action on the application within 180 days after the
application is determined or considered to be complete. If the PSC fails to take final
action within that deadline, the PSC is considered to have issued a CPCN to the
applicant. However, current law also allows the PSC to petition the circuit court for
Dane County for an extension of the deadline for no more than an additional 180
days. Upon a showing of good cause, the court may extend the deadline. If the PSC
fails to take final action within the extended deadline, the PSC is considered to have
issued the CPCN. The bill eliminates the requirement for the PSC to petition the
court for a deadline extension. Instead, the bill allows the chairperson of the PSC
to extend the deadline for no more than an additional 180 days for good cause. As
under current law, if the PSC fails to take final action within the extended deadline,
the PSC is considered to have issued the CPCN.
Public utility rate schedules. Under current law, certain public utilities
must file schedules with the PSC showing their rates for service. Current law
requires the PSC to determine the portion of a public utility's rate schedule that is
necessary for public use and the public utility must print a copy of that portion in

plain type. The bill requires the copy to produced, rather than printed, in plain type.
Current law also requires a public utility to keep the copy on file, in a form and place
readily accessible to the public, at every station or office where customers make
payments. The bill changes the foregoing requirement so that a public utility must
keep the copy on file at the public utility and make the copy available to the public
by making it available at locations where customer payments are accepted, on the
public utility's Internet site, or in a form and place that is otherwise readily
accessible to the public.
Telecommunications regulation. Current law exempts
telecommunications utilities from a variety of requirements that apply to other
public utilities. The bill creates an additional exemption. Under current law, the
PSC has the authority to require public utilities to record or report certain accidents.
The bill exempts telecommunications utilities from that authority. The bill also
repeals an obsolete definition of "transmission facility" relating to
telecommunications service.
Under current law, no person may provide service as an alternative
telecommunications utility (ATU) unless the PSC certifies that the person is an ATU.
Current law defines ATU to include the following: 1) cable television
telecommunications service providers (CTTSPs); 2) telecommunications resellers; 3)
pay telephone service providers; and 4) other telecommunications providers that the
PSC finds offer service that is available from other telecommunications providers.
Current law defines a CTTSP as a telecommunications provider that receives a
specified percentage of its gross income from the operation of a cable television
system. Current law also requires a CTTSP to file annual statements regarding
gross income with the PSC. Current law defines "pay telephone service provider" as
a person who owns or leases a pay telephone located on property owned or leased by
that person and who otherwise does not offer any telecommunications service to the
public.
The bill revises the definition of ATU so that it does not include CTTSPs or pay
telephone service providers. The bill also repeals the annual filing requirement for
CTTSPs, as well as the PSC's administrative rules regarding CTTSPs. In addition,
the bill provides that a former CTTSP that the PSC certified as an ATU before the
bill's effective date is considered certified as an ATU on the basis that the person
offers telecommunications service available from other telecommunications
providers. The bill also requires the PSC to issue a certification specifying that the
former CTTSP is an ATU on that basis.
Legislative repeal or modification of agency rules. Current law sets forth
a procedure for the promulgation of administrative rules (rules). Generally, that
procedure consists of the following steps:
1. The agency planning to promulgate the rule prepares a statement of the
scope of the proposed rule, which the governor and the agency head must approve
before any state employee or official may perform any activity in connection with the
drafting of the proposed rule.

2. The agency drafts the proposed rule, together with an economic impact
analysis, plain language analysis, and fiscal estimate for the proposed rule, and
submits those materials to the Legislative Council Staff for review.
3. Subject to certain exceptions, a public hearing is held on the proposed rule.
4. The final draft of the proposed rule is submitted to the governor for approval.
5. The final draft of the proposed rule, together with an economic impact
analysis, plain language analysis, and fiscal estimate for the proposed rule, are
submitted to the legislature for review by one standing committee in each house and
by the Joint Committee for Review of Administrative Rules.
6. The proposed rule is filed with the Legislative Reference Bureau (LRB) for
publication in the Wisconsin Administrative Code (code) and the Wisconsin
Administrative Register (register), and, subject to certain exceptions, the rule
becomes effective on the first day of the first month beginning after publication.
Under the bill, if a bill that repeals or modifies a rule is enacted, the ordinary
rule-making procedures under current law do not apply. Instead, the LRB must
publish the repeal or modification, in the code and the register, and the repeal or
modification, subject to certain exceptions, takes effect on the first day of the first
month beginning after publication.
Tampering with telecommunications or electric wires. Under current
law, a person who intentionally destroys, disturbs, interferes with, or injures the
property of any telegraph, telecommunications, electric light, or electric power
company is guilty of a Class B misdemeanor and a person who intentionally makes
a physical electrical connection with any property of any telecommunications or
electric power company is guilty of a Class A misdemeanor. The bill adds telegraph
companies and electric light companies to the second offense for consistency.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB470,1 1Section 1. 13.92 (4) (bm) of the statutes is created to read:
SB470,5,32 13.92 (4) (bm) If 2 or more rules filed under s. 227.20 or modified under s.
3227.265 affect the same unit of the Wisconsin administrative code without taking
4cognizance of the effect thereon of the other rules and if the legislative reference
5bureau finds that there is no mutual inconsistency in the changes made by each such
6rule, the legislative reference bureau shall incorporate the changes made by each
7rule into the text of the unit and document the incorporation in a note to the unit.
8For each such incorporation, the legislative reference bureau shall include in a

1correction bill a provision formally validating the incorporation. Section 227.27 (2)
2is not affected by printing decisions made by the legislative reference bureau under
3this paragraph.
SB470,2 4Section 2. 13.92 (4) (c) of the statutes is amended to read:
SB470,5,65 13.92 (4) (c) The legislative reference bureau may insert in the Wisconsin
6administrative code a note explaining any change made under par. (b) or (bm).
SB470,3 7Section 3. 13.92 (4) (d) of the statutes is amended to read:
SB470,5,98 13.92 (4) (d) Sections 227.114, 227.116, 227.135, and 227.14 to 227.24 do not
9apply to any change made by the legislative reference bureau under par. (b) or (bm).
SB470,4 10Section 4. 13.92 (4) (e) of the statutes is amended to read:
SB470,5,1211 13.92 (4) (e) The legislative reference bureau shall prepare and keep on file a
12record of each change made under par. (b) or (bm).
SB470,5 13Section 5. 13.92 (4) (f) of the statutes is amended to read:
SB470,5,1514 13.92 (4) (f) The legislative reference bureau shall notify the agency involved
15of each change made under par. (b) or (bm).
SB470,6 16Section 6. 20.395 (3) (jh) of the statutes is amended to read:
SB470,5,2217 20.395 (3) (jh) Utility facilities within highway rights-of-way, state funds.
18From the general fund, all moneys received from telecommunications providers, as
19defined in s. 196.01 (8p), or cable television telecommunications service providers,
20as defined in s. 196.01 (1r), 2011 stats., for activities related to locating,
21accommodating, operating, or maintaining utility facilities within highway
22rights-of-way, for such purposes.
SB470,7 23Section 7. 35.93 (2) (b) 4. of the statutes, as affected by 2013 Wisconsin Act 20,
24is amended to read:
SB470,6,3
135.93 (2) (b) 4. Copies of all rules filed with the legislative reference bureau
2under s. 227.20 (1) or modified under s. 227.265 since the compilation of the
3preceding register, including emergency rules filed under s. 227.24 (3).
SB470,8 4Section 8. 35.93 (2) (c) 1. of the statutes, as affected by 2013 Wisconsin Act 20,
5is amended to read:
SB470,6,86 35.93 (2) (c) 1. Each chapter of the Wisconsin administrative code that has been
7affected by rules filed with legislative reference bureau under s. 227.20 (1) or
8modified under s. 227.265
, in accordance with sub. (3) (e) 1.
SB470,9 9Section 9. 35.93 (3) of the statutes is amended to read:
SB470,6,2310 35.93 (3) The legislative reference bureau shall compile and deliver to the
11department for printing copy for a register which shall contain all the rules filed
12under s. 227.20 or modified under s. 227.265 since the compilation of rules for the
13preceding issue of the register was made and those executive orders which are to be
14in effect for more than 90 days or an informative summary thereof. The complete
15register shall be compiled and published before the first day of each month and a
16notice section of the register shall be compiled and published before the 15th day of
17each month. Each issue of the register shall contain a title page with the name
18"Wisconsin administrative register", the number and date of the register, and a table
19of contents. Each page of the register shall also contain the date and number of the
20register of which it is a part in addition to the other necessary code titles and page
21numbers. The legislative reference bureau may include in the register such
22instructions or information as in the bureau's judgment will help the user to correctly
23make insertions and deletions in the code and to keep the code current.
SB470,10 24Section 10. 35.93 (3) (e) (intro.) of the statutes, as affected by 2013 Wisconsin
25Act 20
, is amended to read:
SB470,7,5
135.93 (3) (e) (intro.) The legislative reference bureau shall incorporate into the
2appropriate chapters of the Wisconsin administrative code each permanent rule filed
3with the legislative reference bureau under s. 227.20 (1) or modified under s. 227.265
4and, for each chapter of the administrative code affected by a rule, do all of the
5following:
SB470,11 6Section 11. 35.93 (3) (e) 1. of the statutes, as affected by 2013 Wisconsin Act
720
, is amended to read:
SB470,7,138 35.93 (3) (e) 1. Publish the chapter in the appropriate end-of-month register
9in accordance with the filing deadline for publication established in the rules
10procedures manual published under s. 227.15 (7) or, in an end-of-month register
11agreed to by the submitting agency and the legislative reference bureau , or, in the
12case of a rule modified under s. 227.265, in the end-of-month register for the month
13in which the bill modifying the rule is enacted
.
SB470,12 14Section 12. 101.862 (4) (f) of the statutes, as created by 2007 Wisconsin Act
1563
, is amended to read:
SB470,7,1716 101.862 (4) (f) A person engaged in installing, repairing, or maintaining
17electrical wiring of transmission facilities, as defined in s. 196.01 (12), 2011 stats.
SB470,13 18Section 13. 196.01 (1d) (a) of the statutes is repealed.
SB470,14 19Section 14. 196.01 (1d) (b) of the statutes is repealed.
SB470,15 20Section 15. 196.01 (1r) of the statutes is repealed.
SB470,16 21Section 16. 196.01 (4m) of the statutes is repealed.
SB470,17 22Section 17. 196.01 (12) of the statutes is repealed.
SB470,18 23Section 18. 196.19 (3) of the statutes is amended to read:
SB470,8,624 196.19 (3) A copy of as much of the schedules filed under sub. (1) as the
25commission determines necessary for the use of the public shall be printed produced

1in plain type, and kept on file in every at the public utility station or office where
2payments are made by consumers
, and made available to the public at least 10 days
3before the schedules take effect, unless the commission prescribes a shorter time
4period. In making a copy available to the public, a public utility may make the copy
5available at locations where customer payments are accepted, on the public utility's
6Internet site, or
in a form and place that is otherwise readily accessible to the public.
SB470,19 7Section 19. 196.19 (4) of the statutes is amended to read:
SB470,8,128 196.19 (4) If a schedule of joint rates or charges is in force between public
9utilities, the schedule shall be printed and filed with the commission under sub. (1).
10The commission shall determine the portion of the schedule necessary for the use of
11the public. The public utilities shall file make the portion of the schedule available
12to the public as provided
under sub. (3).
SB470,20 13Section 20. 196.192 (3) (b) of the statutes is amended to read:
SB470,8,1614 196.192 (3) (b) Nothing in s. 196.20, 196.21, 196.22, 196.37, 196.60 or 196.604
15prohibits the commission from approving a filing under sub. (2) or approving
16market-based rates under par. (a).
SB470,21 17Section 21. 196.194 of the statutes is amended to read:
SB470,9,15 18196.194 Gas utility individual contracts. Nothing in ss. 196.03, 196.19,
19196.20, 196.21, 196.22, 196.37, 196.60, 196.604 and 196.625 prohibits the
20commission from approving the filing of a tariff which permits a gas utility to enter
21into an individual contract with an individual customer if the term of the contract
22is no more than 5 years, or a longer period approved by the commission, and if the
23commission determines that substitute gas services are available to customers or
24potential customers of the gas utility and the absence of such a tariff will cause the
25gas utility to be disadvantaged in competing for business. A tariff filed under this

1section shall include the condition that any such contract shall be compensatory. The
2tariff shall include any other condition and procedure required by the commission in
3the public interest. Within 20 days after a contract authorized under this section or
4an amendment to such a contract has been executed, the gas utility shall submit the
5contract to the commission. The commission shall give notice to any person, upon
6request, that a contract authorized under this section has been received by the
7commission. The notice shall identify the gas utility that has entered into the
8contract. Within 6 months after receiving substantial evidence that a contract may
9be noncompensatory, or upon its own motion, the commission shall investigate and
10determine whether the contract is compensatory. If the commission determines that
11the contract is noncompensatory, the commission may make appropriate
12adjustments in the rates or tariffs of the gas utility that has entered into the contract,
13in addition to other remedies under this chapter. The dollar amount of the
14adjustment may not be less than the amount by which the contract was found to be
15noncompensatory.
SB470,22 16Section 22. 196.203 (1m) of the statutes is repealed.
SB470,23 17Section 23. 196.21 of the statutes is repealed.
SB470,24 18Section 24. 196.49 (5g) (a) (intro.) of the statutes is amended to read:
SB470,9,2219 196.49 (5g) (a) (intro.) A public utility is exempt from the requirement to obtain
20a certification or approval of the commission under this section sub. (2) or (3) before
21beginning a proposed project if the estimated gross cost of the proposed project is not
22more than one of the following cost thresholds:
SB470,25 23Section 25. 196.491 (3) (g) of the statutes is amended to read:
SB470,9,2524 196.491 (3) (g) The commission shall take final action on an application filed
25under par. (a) 1. within 180 days after the application is determined or considered

1to be complete under par. (a) 2. If the commission fails to take final action within the
2180-day period, the commission is considered to have issued a certificate of public
3convenience and necessity with respect to the application, unless the commission,
4within the 180-day period, petitions the circuit court for Dane County for an
5extension of time for taking final action on the application and the court grants an
6extension. Upon a showing of good cause, the court may extend the 180-day

7chairperson of the commission extends the time period for no more than an
8additional 180 days for good cause. If the commission fails to take final action within
9the extended period, the commission is considered to have issued a certificate of
10public convenience and necessity with respect to the application.
SB470,26 11Section 26. 196.50 (2) (i) of the statutes is amended to read:
SB470,10,1712 196.50 (2) (i) A telecommunications utility certified under this subsection is
13exempt from ss. 196.02 (2) and (6), 196.05, 196.06, 196.07, 196.08, 196.09, 196.10,
14196.12, 196.13, 196.16, 196.18, 196.19, 196.20, 196.21, 196.219 (3) (c), (e), (g), and (L),
15(4d), (4m), and (5), 196.24, 196.395 (1), 196.49, 196.52, 196.58, 196.60, 196.64,
16196.72, 196.78, and 196.79 and, except with respect to wholesale
17telecommunications service, is exempt from s. 196.219 (4).
SB470,27 18Section 27. 197.10 (4) of the statutes is amended to read:
SB470,11,1119 197.10 (4) Insofar as the use, operation, service, management, control, sale,
20lease, purchase, extension, improvement, rates, value or earnings of the properties
21of the public utility or provisions looking toward the ultimate acquisition of the same
22are made subject to the terms of any contract provided for in sub. (1), and so long as
23said contract remains in force, the following sections of the statutes shall be
24inapplicable to the same: ss. 196.02 (1) and (2), 196.05, 196.09, 196.10, 196.11,
25196.15, 196.16, 196.19 (6), 196.20, 196.21, 196.22, 196.26, 196.28, 196.30, 196.37,

1196.39, 196.40, 196.58, 196.70, 197.01 (2) to (4), 197.02, 197.03, 197.04, 197.05,
2197.06, 197.08 and 197.09; provided that nothing in any contract made hereunder
3shall operate to prevent an appeal to the public service commission by any person,
4other than a party to said contract, upon any complaint alleging that any rate, fare,
5charge or classification, or any joint rate, or any regulation, act or practice relating
6to the production, transmission, delivery or furnishing of gas, heat, light or power,
7or any service in connection therewith, is unjustly discriminatory, or that any such
8service is inadequate or cannot be obtained. Upon said appeal the commission shall,
9as provided by law, determine and by order fix a rate, fare, charge, classification, joint
10rate or regulation, act or practice or service to be imposed, observed or followed in the
11future in lieu of that found to be unjustly discriminatory or inadequate.
SB470,28 12Section 28. 227.01 (13) (intro.) of the statutes is amended to read:
SB470,11,1913 227.01 (13) (intro.) "Rule" means a regulation, standard, statement of policy,
14or general order of general application which has the effect of law and which is issued
15by an agency to implement, interpret, or make specific legislation enforced or
16administered by the agency or to govern the organization or procedure of the agency.
17"Rule" includes a modification of a rule under s. 227.265. "Rule" does not include, and
18s. 227.10 does not apply to, any action or inaction of an agency, whether it would
19otherwise meet the definition under this subsection, which:
SB470,29 20Section 29. 227.11 (2) (intro.) of the statutes is amended to read:
SB470,11,2221 227.11 (2) (intro.) Rule-making authority is expressly conferred on an agency
22as follows:
SB470,30 23Section 30. 227.265 of the statutes is created to read:
SB470,12,3 24227.265 Repeal or modification of rules. If a bill to repeal or modify a rule
25is enacted, the procedures under ss. 227.114 to 227.21 and 227.26 do not apply.

1Instead, the legislative reference bureau shall publish the repeal or modification in
2the Wisconsin administrative code and register as required under s. 35.93, and the
3repeal or modification shall take effect as provided in s. 227.22.
SB470,31 4Section 31. 227.27 (2) of the statutes is amended to read:
SB470,12,105 227.27 (2) The code shall be prima facie evidence in all courts and proceedings
6as provided by s. 889.01, but this does not preclude reference to or, in case of a
7discrepancy, control over a rule filed with the legislative reference bureau or the
8secretary of state
under s. 227.20 or modified under s. 227.265, and the certified copy
9of a rule shall also and in the same degree be prima facie evidence in all courts and
10proceedings.
SB470,32 11Section 32. 941.40 (3) and (4) (b) of the statutes are amended to read:
SB470,12,1612 941.40 (3) Any person who, for any purpose, intentionally makes or causes to
13be made a physical electrical connection with any wire, cable, conductor, ground,
14equipment, facility, or other property of any telegraph, telecommunications, electric
15light,
or electric power company, including a cooperative association organized under
16ch. 185, is guilty of a Class A misdemeanor.
SB470,12,23 17(4) (b) Subsections (2) and (3) do not apply to a person who acts with the
18permission of the telegraph, telecommunications, electric light, or electric power
19company, including a cooperative association organized under ch. 185, that is
20affected or
that owns the wire, pole, cable, conductor, ground, equipment, facility, or
21other affected property or with the permission of the person who owns the property
22on which the wire, pole, cable, conductor, ground, equipment, facility, or other
23affected property is located
.
SB470,33 24Section 33. PSC ch. 171 of the administrative code is repealed.
SB470,34 25Section 34. Nonstatutory provisions.
SB470,13,1
1(1) Cable television telecommunications service providers.
SB470,13,5 2(a) In this subsection, "cable television telecommunications provider" means
3a person whom the public service commission has, prior to the effective date of this
4paragraph, certified as an alternative telecommunications utility defined in section
5196.01 (1d) (a), 2011 stats.
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