AB 721

Under current law, with certain exceptions, a person may not provide video

service unless the Department of Financial Institutions (DFI) has issued a video

service franchise to the person. The prohibition was enacted as part of

2007

Wisconsin Act 42

, which made substantial changes to the regulation of cable

television service. Current law defines "video service," in general, as cable television

service, and other service comparable to programming service provided by a

television broadcast station, that is provided through facilities located, at least in

part, in public rights-of-way. Current law refers to a person who is granted a video

service franchise as a "video service provider." One of the exceptions to the

prohibition applies to a person operating under a cable television franchise granted

by a municipality before the enactment of

2007 Wisconsin Act 42

. Current law allows

such a person to elect to continue to provide cable television service until the

franchise expires. Upon expiration of the municipally granted franchise, the person

must apply to DFI for a video service franchise. Current law refers to a person who

elects to operate under a municipally granted cable television franchise until the

franchise's expiration as an "interim cable operator."

Current law prohibits municipalities from requiring video service providers

and interim cable operators to provide monetary support for access facilities for

public, educational, and governmental access channels (PEG channels) after

January 1, 2011. The amount of monetary support that a municipality may require

before that date is generally based on the amount of support that a municipality

required prior to the enactment of

2007 Wisconsin Act 42

. This bill changes current

law so that it refers to support for PEG channels, rather than to monetary support

for access facilities for PEG channels. The bill also allows a municipality to require,

beginning on January 1, 2011, video service providers and interim cable operators

to pay a fee for the purpose of supporting PEG channels. The fee, which must be set

by ordinance, may be equal to no more than 1 percent of a video service provider's

or interim cable operator's annual gross receipts. The bill also makes video service

providers and interim cable operators responsible for making any changes to PEG

channel content or programming that are necessary for compatibility with their

service delivery technology or protocol. Under current law, municipalities that

provide PEG channel programming are responsible for such changes.

The bill also requires video service providers and interim cable operators to

provide channel capacity for PEG channels with accessibility, functionality, and