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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 1176
March 22, 2024 - Introduced by Representatives SHANKLAND, RATCLIFF, JOERS,
SINICKI, STUBBS, EMERSON, BARE, MOORE OMOKUNDE and SUBECK, cosponsored
by Senators SMITH, ROYS, LARSON, L. JOHNSON and AGARD. Referred to
Committee on Energy and Utilities.
AN ACT to amend 196.504 (2) (a); and to create 20.155 (3) (g), 196.504 (1) (aa),
196.504 (2g) and 196.504 (2r) of the statutes; relating to: requirements for
broadband expansion grants, granting rule-making authority, and making an
appropriation.
Analysis by the Legislative Reference Bureau
This bill makes changes to the broadband expansion grant program
administered by the Public Service Commission. Under current law, PSC makes
grants to eligible applicants for constructing broadband infrastructure in
underserved areas. The bill defines “broadband infrastructure,” which is not defined
under current law, as infrastructure that provides broadband service at the following
speeds, whichever is faster: 1) a minimum download speed of 25 megabits per second
and a minimum upload speed of 3 megabits per second or 2) minimum download and
upload speeds designated by the Federal Communications Commission under
federal law. Under the bill, infrastructure is eligible for a broadband expansion grant
only if it satisfies the foregoing definition. The bill requires an applicant for a grant
to specify the broadband infrastructure the applicant intends to construct with a
grant and also requires a grant recipient to reimburse PSC for the grant if 1) the
person fails to complete construction of the infrastructure or 2) the infrastructure
that is constructed fails to provide the foregoing minimum download or upload
speeds. Any reimbursed amounts are used to make additional grants.
In addition, the bill requires grant recipients to submit reports to PSC on the
progress of broadband infrastructure construction, the number of broadband service
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ASSEMBLY BILL 1176
connections provided by that infrastructure, and the average download and upload
speeds for those service connections. Finally, beginning on January 1, 2025, the bill
requires the Legislative Audit Bureau to conduct biennial performance audits of the
broadband expansion grant program.
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:
SECTION 1. 20.155 (3) (g) of the statutes is created to read:
20.155 (3) (g) Broadband expansion grants; program revenue funding. All
moneys received as broadband grant reimbursements under s. 196.504 (2g) (b) for
making broadband expansion grants under s. 196.504.
SECTION 2. 196.504 (1) (aa) of the statutes is created to read:
196.504 (1) (aa) “Broadband infrastructure” means infrastructure for the
provision of broadband service at the following speeds, whichever is faster:
1. A minimum download speed of 25 megabits per second and a minimum
upload speed of 3 megabits per second.
2. The minimum upload and download speeds for advanced
telecommunications capability as designated by the federal communications
commission in its most recent inquiry regarding advanced telecommunications
capability under 47 USC 1302 (b).
SECTION 3. 196.504 (2) (a) of the statutes, as affected by 2023 Wisconsin Act 77,
is amended to read:
196.504 (2) (a) To make broadband expansion grants to eligible applicants for
the purpose of constructing broadband infrastructure in unserved areas designated
under par. (e). An eligible applicant shall specify in its application for a grant the
broadband infrastructure the applicant intends to construct with the grant. Grants
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awarded under this section shall be paid from the appropriations under ss. 20.155
(3) (g), (r), and (rm) and 20.866 (2) (z), in the amount allocated under s. 20.866 (2) (z)
5.
SECTION 4. 196.504 (2g) of the statutes is created to read:
196.504 (2g) (a) The commission shall require a person who receives a grant
under sub. (2) (a) to submit reports to the commission on the progress of construction
activities for the broadband infrastructure specified in the person's grant
application, the number of broadband service connections provided by that
infrastructure after construction is completed, and the average download and upload
speeds for those service connections.
(b) A person who receives a grant under sub. (2) (a) shall reimburse the
commission an amount equal to the grant if any of the following applies:
1. The person fails to complete construction of the broadband infrastructure
specified in the person's application under sub. (2) (a).
2. The broadband infrastructure constructed with the grant fails to provide
broadband service at speeds specified in sub. (1) (aa).
(c) The commission shall promulgate rules for submitting reports under par.
(a) and making reimbursements under par. (b). If a person fails to make a
reimbursement as required under the rules, the person is not eligible for any other
grant under sub. (2) (a).
SECTION 5. 196.504 (2r) of the statutes is created to read:
196.504 (2r) Biennially, beginning on January 1, 2025, the legislative audit
bureau shall conduct a performance evaluation audit of the broadband expansion
grant program under sub. (2) (a).
(END)
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