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State of Wisconsin
Strengthening Wisconsin's Financial Future
Department of Financial Institutions |
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Frequently Asked QuestionsNote: The Department of Financial Institutions (DFI) provides the following in an effort to assist the public. It should be noted that the DFI does NOT provide legal advice. General Questions
Statutes
If I am having trouble with my cable company or service, who do I contact?If you have a complaint about your cable television service, first contact your cable television provider. If your cable provider is not able to resolve your complaint and your monthly bill lists a local government (city, county or town) address and phone number, then call that number. (If your bill lists a local government, your cable service is provided under a Local Franchise Agreement and not a State franchise at this time.) If your cable provider is not able to resolve your complaint you should
contact the Wisconsin Department of Agriculture, Division of Consumer
Protection at 800-422-7128 or at www.datcp.state.wi.us/core/consumerprotection/consumerprotection.jsp. If I have a question about my rights as a consumer under federal law regarding cable service, who should I contact?Contact the Federal Communications Commission at www.fcc.gov. The Consumer Protection Division of the Wisconsin Department of Agriculture may also be able to help you (see address above). Who has to have a State cable/video franchise?Anyone who provides cable or video service over a cable system in Wisconsin is required to have a State cable franchise. However, providers are allowed to complete their existing contracts before applying for the state issued certificate. What is the purpose of the new state cable law?The purpose of the State-Issued Certificate of Franchise Authority law provides “fair competition in the provision of video service will result in new and more video programming choices for consumers in the state”. Wisconsin statues 66.0420 www.wdfi.org/statutes/ What is the Department of Financial Institutions role with regard to cable franchises?The DFI is the exclusive franchising authority for video service providers in this state. The DFI has the legal authority to develop forms; accept forms which cable providers submit; examine the forms to determine if they are complete and comply with certain minimum requirements; accept required fees; adopt rules. The department may revoke a video service franchise issued to a video service provider if the department determines that the video service provider has failed to substantially meet a material requirement imposed upon it by the department. Can a Certificate of Franchise be denied or rejected by the Department of Financial Institutions?A Certificate of Franchise can be rejected by the DFI if it is incomplete or does not meet the filing requirements established in Wisconsin statute 66.0420. When does a company that has a State Franchise have to provide cable service?The statutes do no set a particular date for the start of service after the Certificate of Franchise Authority is granted. However, once the video service provider begins service the statutes do set forth requirements pertaining to access of service and provisions of service to low income households. If a local franchise expired before January 9, 2008, does the cable company have to get a State Franchise?Yes. A local franchise is in effect until it expires or is terminated. If a local franchise expired before January 9, 2008, the company may have continued to provide service (similarly to when an apartment lease expires and the renter stays in the apartment on a month to month lease). In order to continue providing cable service after January 9, 2008, the company will have to get a State Certificate Franchise Authority from the DFI. If a current local franchise does not expire any time soon, can the cable company terminate the local franchise and get a State franchise?Yes, it can by filing for the State Issued Certificate of Franchise Authority and providing notice to the local service unit of government. Who has to provide notice to local municipalities of termination of contract?At the time that a video service provider submits an application to the DFI, the applicant or video service provider must notify each municipality in its video service area that it is applying for the State Issued Certificate of Franchise Authority. Who will negotiate the terms of cable service franchise agreements?Under the new “State Issued Certificate of Franchise” Act, there is no negotiation involved in getting a State franchise. When the DFI grants a certificate the entity is allowed to provide service. For local franchise agreements which were still in effect on January
9, 2008, a unit of local government negotiated and approved the cable
franchise agreement. The Act has provisions which deal with existing
cable service agreements. Where do I obtain Application Forms?Forms can be downloaded from the department website, www.wdfi.org. When an applicant applies for a state-issued certificate do they have to provide notice to the municipalities of their application?Yes. The applicant or video service provider shall serve a copy of the application or notification on each municipality in the video franchise area. The video service provider shall provide notice to the department and the municipality no later than 10 days before providing service. Wis. Stats.66.0420 (3)(H) Once a municipality receives notice, is it required to take any action?Yes. A municipality has 10 days after receipt of the notice to respond to the cable/and or video operator. Per Wis. Stats. s. 66.0420(3)(e)2.b. the municipality shall notify the incumbent cable operator applicant in writing:
What if I have further questions?Please do not hesitate to contact Ray Allen (608-264-7950) or Cheryll Olson-Collins (608-266-6810) at the DFI. |
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