Wisconsin Legislature: SB847,6,3

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:

SB847,1 1Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated: - See PDF for table

SB847,2

1Section 2. 20.155 (3) (a) of the statutes is created to read:

SB847,4,42 20.155 (3) (a) Broadband expansion grants; general purpose revenue funding.
3Biennially, the amounts in the schedule for making broadband expansion grants
4under s. 196.504 and for reimbursing electric providers under s. 196.504 (3) (e).

SB847,3 5Section 3. 20.155 (3) (g) of the statutes is created to read:

SB847,4,86 20.155 (3) (g) Broadband expansion grants; program revenue funding. All
7moneys received as broadband grant reimbursements under s. 196.504 (2g) (c) for
8making broadband expansion grants under s. 196.504.

SB847,4 9Section 4. 66.0422 (2) (c) of the statutes is repealed.

SB847,5 10Section 5. 66.0422 (4) of the statutes is repealed.

SB847,6 11Section 6. 66.0422 (5) of the statutes is repealed.

SB847,7 12Section 7. 71.07 (5n) (c) 6. of the statutes is created to read:

SB847,4,1513 71.07 (5n) (c) 6. For taxable years beginning after December 31, 2017, no
14individual may claim the credit under this subsection for a taxable year in which the
15individual's adjusted gross income is greater than $2,000,000.

SB847,8 16Section 8. 71.28 (5n) (c) of the statutes is amended to read:

SB847,5,217 71.28 (5n) (c) Limitations. Partnerships, limited liability companies, and
18tax-option corporations may not claim the credit under this subsection, but the
19eligibility for, and the amount of, the credit are based on their share of the income
20described under par. (b). A partnership, limited liability company, or tax-option
21corporation shall compute the amount of credit that each of its partners, members,
22or shareholders may claim and shall provide that information to each of them.
23Partners, members of limited liability companies, and shareholders of tax-option
24corporations may claim the credit in proportion to their ownership interests, but, for
25taxable years beginning after December 31, 2017, no partner, member, or

1shareholder may claim the credit for a taxable year in which the adjusted gross
2income of the partner, member, or shareholder is greater than $2,000,000.

SB847,9 3Section 9. 196.504 (1) (ab) of the statutes, as created by 2017 Wisconsin Act
459, is renumbered 196.504 (1) (e).

SB847,10 5Section 10. 196.504 (1) (ac) of the statutes, as affected by 2017 Wisconsin Act
659, is renumbered 196.504 (1) (g), and 196.504 (1) (g) 2. and 3., as renumbered, are
7amended to read:

SB847,5,98 196.504 (1) (g) 2. A telecommunications utility that has not received or applied
9for A-CAM or phase II support.

SB847,5,1110 3. A political subdivision that submits an application in partnership with an
11eligible applicant under subd. 1. or 2.

SB847,11 12Section 11. 196.504 (1) (ad) of the statutes, as created by 2017 Wisconsin Act
1359, is renumbered 196.504 (1) (h).

SB847,12 14Section 12. 196.504 (1) (ae) of the statutes is renumbered 196.504 (1) (j).

SB847,13 15Section 13. 196.504 (1) (af) of the statutes is created to read:

SB847,5,2016 196.504 (1) (af) “A-CAM support” means support for the deployment of voice
17and broadband-capable networks from the federal Connect America Fund that is
18made to telecommunications utilities regulated as rate-of-return carriers by the
19federal communications commission and that is based on the federal
20communications commission's Alternative Connect America Cost Model.

SB847,14 21Section 14. 196.504 (1) (am) of the statutes is renumbered 196.504 (1) (k).

SB847,15 22Section 15. 196.504 (1) (b) of the statutes is renumbered 196.504 (1) (L).

SB847,16 23Section 16. 196.504 (1) (c) of the statutes, as created by 2017 Wisconsin Act
2459, is repealed.

SB847,17 25Section 17. 196.504 (1) (d) of the statutes is created to read:

SB847,6,3

1196.504 (1) (d) “Broadband infrastructure” means infrastructure for the
2provision of broadband service at a minimum download speed of 25 megabits per
3second and a minimum upload speed of 3 megabits per second.

SB847,18 4Section 18. 196.504 (1) (f) of the statutes is created to read:

SB847,6,65 196.504 (1) (f) “Electric provider” means a retail electric public utility or retail
6electric cooperative.

SB847,19 7Section 19. 196.504 (1) (i) of the statutes is created to read:

SB847,6,118 196.504 (1) (i) “Phase II support” means the federal communications
9commission's 2nd phase of support for rural broadband deployment from the federal
10Connect America Fund that is made to telecommunications utilities regulated as
11price cap carriers by the federal communications commission.

SB847,20 12Section 20. 196.504 (2) (a) of the statutes, as affected by 2017 Wisconsin Act
1359, is amended to read:

SB847,6,2214 196.504 (2) (a) To make broadband expansion grants to eligible applicants for
15the purpose of constructing broadband infrastructure in underserved areas
16designated under par. (d) and to political subdivisions for project planning related
17to such construction, including broadband feasibility reports. An eligible applicant
18shall specify in its application for a grant the broadband infrastructure the applicant
19intends to construct with the grant. Grants awarded under this section shall be paid
20from the appropriations under s. 20.155 (3) (a), (g), (r), and (rm). Not less than 85
21percent of the grants awarded in a fiscal year shall be for the construction of
22broadband infrastructure in counties with populations of 65,000 or less.

SB847,21 23Section 21. 196.504 (2) (c) of the statutes, as affected by 2017 Wisconsin Act
2459, is amended to read:

SB847,7,18

1196.504 (2) (c) To establish criteria for evaluating applications and awarding
2grants under this section. The criteria shall prohibit grants that have the effect of
3subsidizing the expenses of a provider of telecommunications service, as defined in
4s. 182.017 (1g) (cq), or the monthly bills of customers of those providers. The criteria
5shall give first priority to projects for areas in which no broadband service is
6available. The criteria shall give secondary priority to projects that include matching
7funds, that involve public-private partnerships, that affect unserved areas, that are
8scalable, that promote economic development, that will not result in delaying the
9provision of broadband service to areas neighboring areas to be served by the
10proposed project, or that affect a large geographic area or a large number of
11underserved individuals or communities. When evaluating grant applications
12under this section, the commission shall consider the degree to which the proposed
13projects would duplicate existing broadband infrastructure, information about the
14presence of which is provided to the commission by the applicant or another person
15within a time period designated by the commission; the impacts of the proposed
16projects on the ability of individuals to access health care services from home and the
17cost of those services; and the impacts of the proposed projects on the ability of
18students to access educational opportunities from home.

SB847,22 19Section 22. 196.504 (2) (e) of the statutes, as created by 2017 Wisconsin Act
2059, is repealed.

SB847,23 21Section 23. 196.504 (2g) of the statutes is created to read:

SB847,8,222 196.504 (2g) (a) The commission shall require persons who receive grants
23under sub. (2) (a) to submit reports to the commission on the progress of construction
24activities for infrastructure specified in grant applications, the number of broadband

1service connections provided by that infrastructure after construction is completed,
2and the average download and upload speeds for those service connections.

SB847,8,53 (b) A person who receives a grant under sub. (2) (a) may not apply for a
4subsequent grant under sub. (2) (a) until completion of construction of the
5infrastructure specified in the application for the prior grant.

SB847,8,76 (c) A person who receives a grant under sub. (2) (a) shall reimburse the
7commission an amount equal to the grant if any of the following applies:

SB847,8,98 1. The person fails to complete construction of broadband infrastructure that
9is specified in the person's application under sub. (2) (a).

SB847,8,1210 2. The infrastructure constructed with the grant fails to provide broadband
11service with an average minimum download speed of 25 megabits per second or an
12average minimum upload speed of 3 megabits per second.

SB847,8,1713 (d) The commission shall promulgate rules for submitting reports under par.
14(a), determining completion of construction for purposes of par. (b), and making
15reimbursements under par. (c). If a person fails to make a reimbursement as
16required under the rules, the person is not eligible for any other grant under sub. (2)
17(a).

SB847,24 18Section 24. 196.504 (2r) of the statutes is created to read:

SB847,8,2119 196.504 (2r) Biennially, beginning on January 1, 2019, the legislative audit
20bureau shall conduct a performance evaluation audit of the broadband expansion
21grant program under sub. (2).

SB847,25 22Section 25. 196.504 (3) (d), (e) and (f) of the statutes are created to read:

SB847,8,2523 196.504 (3) (d) Require electric providers to survey customers and members
24about the availability of broadband service and provide the survey results to the
25commission.

SB847,9,2

1(e) Reimburse electric providers for the cost of conducting surveys under par.
2(d).

SB847,9,33 (f) Use survey results under par. (d) to improve broadband mapping.

SB847,9,44 (End)