Date of enactment: December 6, 2023
2023 Senate Bill 325 Date of publication*: December 7, 2023
2023 WISCONSIN ACT 77
AN ACT to repeal 13.48 (30) (a) 1., 196.504 (1) (b) and 196.504 (2) (d); to renumber and amend 196.504 (1) (c)
2. and 196.504 (2) (c); to consolidate, renumber and amend 13.48 (30) (a) (intro.) and 2.; to amend 13.48 (30) (b),
24.40 (3), 86.16 (6), 196.504 (2) (a) and 196.504 (3) (intro.); and to create 196.504 (1) (c) 2. b., 196.504 (1) (c) 3.,
196.504 (2) (c) 1. g. and h., 196.504 (2) (c) 2. d. and 196.504 (2t) of the statutes; relating to: the broadband expansion
grant program.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 13.48 (30) (a) (intro.) and 2. of the
statutes are consolidated, renumbered 13.48 (30) (a) and
amended to read:
13.48 (30) (a) In this section: 2. “Unserved,
“unserved area” has the meaning given in s. 196.504 (1)
(c).
SECTION 2. 13.48 (30) (a) 1. of the statutes is
repealed.
SECTION 3. 13.48 (30) (b) of the statutes is amended
to read:
13.48 (30) (b) The legislature finds and determines
that the provision of broadband Internet access is
essential to the welfare of the citizens of this state and to
economic development in this state, and therefore the
provision of broadband Internet access is a government
function and a statewide responsibility of statewide
dimension. The legislature further determines that
sufficient private capital has been and continues to be
unavailable to fulfill the need for the development of
broadband Internet access in underserved and unserved
areas in this state. It is therefore in the public interest, and
it is the public policy of this state, to assist the public
service commission in making broadband expansion
grants under s. 196.504 (2) (a) for the purpose of
constructing broadband infrastructure in underserved
and unserved areas of this state.
SECTION 4. 24.40 (3) of the statutes is amended to
read:
24.40 (3) Notwithstanding s. 28.02 (5) or any con-
trary rule promulgated by the department, if the depart-
ment grants an easement under sub. (1r) for the construc-
tion of broadband infrastructure in underserved unserved
areas, as designated under s. 196.504 (2) (d) (e), the
department may not require any appraisal or the payment
of any fee to grant the easement.
SECTION 5. 86.16 (6) of the statutes is amended to
read:
86.16 (6) If the department consents under sub. (1)
to the construction of broadband infrastructure in under-
served unserved areas, as designated under s. 196.504 (2)
(d) (e), the department may not charge any fee for the ini-
tial issuance of any permit necessary to construct broad-
band infrastructure along, across, or within the limits of
a highway.
SECTION 6. 196.504 (1) (b) of the statutes is repealed.
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 77 2023 Senate Bill 325
SECTION 7. 196.504 (1) (c) 2. of the statutes is renum-
bered 196.504 (1) (c) 2. a. and amended to read:
196.504 (1) (c) 2. a. Provided at actual speeds of at
least 20 percent of the upload and download speeds for
advanced telecommunications capability as designated
by the federal communications commission in its
inquiries regarding advanced telecommunications capa-
bility under 47 USC 1302 (b) download speeds of 100
megabits per second or greater and upload speeds of 20
megabits per second or greater.
SECTION 8. 196.504 (1) (c) 2. b. of the statutes is cre-
ated to read:
196.504 (1) (c) 2. b. Beginning on July 1 of the 2nd
calendar year beginning after the effective date of this
subd. 2. b. .... [LRB inserts date], and on July 1 of each
successive odd−numbered year thereafter, the commis-
sion may, by rule, adjust the threshold speeds designated
in subd. 2. a. if, upon review, it determines there is good
cause to do so in order to align with changes in technol-
ogy and actual market conditions. If the commission
adjusts these threshold speeds, it shall publicize the
adjusted speed thresholds on its website.
SECTION 9. 196.504 (1) (c) 3. of the statutes is created
to read:
196.504 (1) (c) 3. Available and reliable.
SECTION 10. 196.504 (2) (a) of the statutes, as
affected by 2021 Wisconsin Act 58, is amended to read:
196.504 (2) (a) To make broadband expansion grants
to eligible applicants for the purpose of constructing
broadband infrastructure in underserved unserved areas
designated under par. (d) (e). Grants awarded under this
section shall be paid from the appropriations under ss.
20.155 (3) (r) and (rm) and 20.866 (2) (z), in the amount
allocated under s. 20.866 (2) (z) 5.
SECTION 11. 196.504 (2) (c) of the statutes is renum-
bered 196.504 (2) (c) 1. (intro.) and amended to read:
196.504 (2) (c) 1. (intro.) To establish criteria for
evaluating applications and awarding grants under this
section, which shall require applicants to participate in
the federal communications commission’s affordable
connectivity program or any federally mandated succes-
sor program. The criteria shall prohibit grants that have
the effect of subsidizing the expenses of a provider of
telecommunications service, as defined in s. 182.017
(1g) (cq), or the monthly bills of customers of those
providers. The criteria shall give priority to projects all
of the following:
a. Projects that include at least 25 percent matching
funds, and shall give higher priority to projects with more
than 25 percent matching funds.
b. Projects that involve public−private partnerships,
that affect unserved areas,.
c. Projects that are scalable,.
d. Projects that promote economic development,.
e. Projects that will not result in delaying the provi-
sion of broadband service to areas neighboring areas to
be served by the proposed project, or.
f. Projects that affect a large geographic area that is
difficult to connect or a large number of underserved
unserved individuals or communities.
2. When evaluating grant applications under this sec-
tion, the commission shall consider the all of the follow-
ing:
a. The degree to which the proposed projects would
duplicate existing broadband infrastructure, information
about the presence of which is provided to the commis-
sion by the applicant or another person within a time
period designated by the commission; the.
b. The impacts of the proposed projects on the ability
of individuals to access health care services from home
and the cost of those services; and the.
c. The impacts of the proposed projects on the ability
of students to access educational opportunities from
home.
SECTION 12. 196.504 (2) (c) 1. g. and h. of the statutes
are created to read:
196.504 (2) (c) 1. g. Projects designed to provide
fiber optic Internet service directly to the end user in geo-
graphic areas where the cost to deploy fiber optic Internet
is below the extremely high cost per location threshold
established by this state for the purpose of being eligible
for federal funding under the broadband equity, access,
and deployment program authorized under 47 USC 1702.
h. Projects that affect a geographic area that has
actual download speeds of 25 megabits per second or
lower and upload speeds of 3 megabits per second or
lower.
SECTION 13. 196.504 (2) (c) 2. d. of the statutes is cre-
ated to read:
196.504 (2) (c) 2. d. Whether the applicant offers a
low−cost broadband service option in order to be eligible
for funding under the broadband equity, access, and
deployment program administered by the federal depart-
ment of commerce or participates in the federal commu-
nications commission’s affordable connectivity program
or any federally mandated successor program.
SECTION 14. 196.504 (2) (d) of the statutes is
repealed.
SECTION 15. 196.504 (2t) of the statutes is created to
read:
196.504 (2t) (a) Within 10 days of the close of the
broadband expansion grant application process, the com-
mission shall publish on its website the proposed geo-
graphic broadband service area and the proposed broad-
band service speeds for each application for a broadband
expansion grant submitted.
(b) An Internet service provider in or proximate to the
proposed project area may, within 30 days of publication − 3 − 2023 Wisconsin Act 77 2023 Senate Bill 325
of the information under par. (a), submit in writing to the
commission a challenge to an application. A challenge
shall contain information demonstrating one of the fol-
lowing:
1. The provider currently provides available and reli-
able fixed wireless or wired broadband service to the pro-
posed project area at download speeds of 100 megabits
per second or greater and upload speeds of 20 megabits
per second or greater.
2. The provider commits to complete construction of
broadband infrastructure and to provide available and
reliable fixed wireless or wired broadband service to the
proposed project area at speeds equal to or greater than
the speeds described under subd. 1. no later than 24
months after the date of the commission’s order awarding
broadband expansion grants. The provider shall submit
documentation showing this commitment to the satisfac-
tion of the commission, which may include engineering
plans, invoices related to project materials, permit appli-
cations, and a project timeline.
(c) The commission shall evaluate an Internet service
provider’s challenge under this subsection, and is prohib-
ited from funding any portion of a project relating to the
area that is the subject of the challenge if the commission
determines that the challenger’s provision of or commit-
ment to provide broadband service that meets the require-
ments of par. (b) in that area is credible.
(d) If the commission denies funding to an applicant
as a result of an Internet service provider’s challenge
made under this subsection and the Internet service
provider does not fulfill its commitment to provide avail-
able and reliable broadband service in the area that is the
subject of the challenge, the commission is prohibited
from awarding grant funding to that Internet service
provider for the following 2 grant cycles and that Internet
service provider is prohibited from participating in the
challenge process under par. (b) for the following 2 grant
cycles, unless the commission determines that the Inter-
net service provider’s failure to fulfill its commitment
was the result of factors beyond the Internet service
provider’s control. The commission shall give priority
scoring treatment to an application targeting a grant proj-
ect area that remains unserved as a result of a successful
challenge and an unfulfilled commitment.
SECTION 16. 196.504 (3) (intro.) of the statutes is
amended to read:
196.504 (3) (intro.) The commission shall encourage
the development of broadband infrastructure in under-
served unserved areas of the state and do all of the follow-
ing:
SECTION 16m.0Nonstatutory provisions.
(1) BROADBAND EXPANSION GRANT PROGRAM. The
provisions of the broadband expansion grant program
under s. 196.504 do not apply to any grant program cre-
ated with federal funding received under the broadband
equity, access, and deployment program authorized
under 47 USC 1702.
SECTION 17.0Initial applicability.
(1) BROADBAND EXPANSION GRANT PROGRAM. This act
first applies to an application for a broadband expansion
grant submitted pursuant to s. 196.504 during the grant
application period that begins after the effective date of
this subsection.