PSC 173.03 Submission of telecommunications emergency services contracts.
PSC 173.04 Commission review.
Subchapter III — Wireless 911 Fund
PSC 173.06 Grant applications from wireless providers.
PSC 173.07 Grant applications from local governments.
PSC 173.08 Supplemental grants.
PSC 173.09 Review and approval of grant and supplemental grant applications.
PSC 173.10 Wireless surcharge.
PSC 173.11 Fund administration.
PSC 173.12 Confidentiality of information.
PSC 173.01
PSC 173.01
Purpose. The purpose of this chapter is to implement those provisions of s.
256.35, Stats., that authorize the commission to review the contracts between counties and telecommunications providers for the provision of 911 emergency telecommunications service and that establish a wireless 911 fund to promote installation and use of enhanced wireless 911 emergency telecommunications service.
PSC 173.01 History
History: CR 04-026: cr.
Register November 2004 No. 587, eff. 1-1-05; correction made under s.
13.92 (4) (b) 7., Stats.,
Register February 2011 No. 662.
PSC 173.02
PSC 173.02
Definitions. In this chapter:
PSC 173.02(1)
(1) "Active prepaid wireless telephone" means a prepaid wireless telephone that has been used or activated by the customer during the month to complete a telephone call for which the customer's card or account was decremented.
PSC 173.02(3)
(3) "Commission" means the public service commission.
PSC 173.02(4)
(4) "Designated public safety answering point" means a wireless public safety answering point that has been identified in a resolution adopted under s.
256.35 (3m) (c) 3. or
6., Stats., for the purpose of implementing the federal wireless orders.
PSC 173.02(5)
(5) "Federal wireless orders" means the orders of the federal communications commission regarding 911 emergency services for wireless telephone users in FCC docket no. 94-102.
PSC 173.02(8)
(8) "Phase I wireless 911 service" means the wireless telecommunications service described in
47 CFR 20.18 (d).
PSC 173.02(9)
(9) "Phase II wireless 911 service" means the wireless telecommunications service described in
47 CFR 20.18 (e) - (i).
PSC 173.02(10)
(10) "Prepaid wireless telephone service" means wireless telephone service which is activated by payment in advance of a finite dollar amount or for a finite set of minutes and which, unless an additional finite dollar amount or finite set of minutes is paid in advance, terminates either upon use by a customer of an agreed-upon amount of service corresponding to the total dollar amount paid in advance, or within a certain period of time following initial purchase or activation.
PSC 173.02(12)
(12) "Surcharge period" means the 3-year period beginning on December 1, 2005, and ending on November 30, 2008.
PSC 173.02 History
History: CR 04-026: cr.
Register November 2004 No. 587, eff. 1-1-05; corrections in (4), (7), (11), (13), (14), (15) made under s.
13.92 (4) (b) 7., Stats.,
Register February 2011 No. 662.
PSC 173.03
PSC 173.03
Submission of telecommunications emergency services contracts. PSC 173.03(1)
(1) A telecommunications provider that enters into a contract with a county for the provision of wireline 911 emergency telecommunications service shall within 20 days submit the contract for commission review.
PSC 173.03(2)
(2) In addition to the contract, the utility shall submit all of the following information:
PSC 173.03(2)(a)
(a) A copy of the county ordinance adopting the plan for a wireline 911 emergency telecommunications system.
PSC 173.03(2)(b)
(b) A list identifying all participating local exchange carriers and a statement that each has tariffs or concurring tariffs on file with the commission providing for individual 911 contracts.
PSC 173.03(2)(c)
(c) A list identifying the localities and the number of all service users residing outside the contracting county, specifying the municipality in which they reside.
PSC 173.03(2)(d)
(d) A list identifying those municipalities outside the contracting county with residents who will be billed for the service.
PSC 173.03(2)(e)
(e) A statement that all telecommunications service users in the county have access to a wireline 911 system. If such a statement cannot be made with regard to a segment of the county's service users, the telecommunications utility shall provide information indicating that the local exchange carrier serving those service users is not capable of providing the wireline 911 system on a reasonable economic basis on the effective date of the contract.
PSC 173.03(2)(f)
(f) A list of exchanges in the county with customers served by a wireline 911 system outside the county, which identifies the provider of the wireline 911 service.
PSC 173.03(2)(g)
(g) A description of access to the wireline 911 system by telecommunications devices for the communicatively impaired.
PSC 173.03(2)(h)
(h) Cost support for and complete itemization of the installation and monthly charges for automatic number identification, automatic location identification and all trunking service components for both the primary telecommunications utility under the contract and the participating local exchange carriers. Cost support may be in the form of tariff reference if the rates and charges for wireline 911 service are those in the utility's tariffs.
PSC 173.03(2)(i)
(i) A statement of the total billable exchange access lines for purposes of the contract and the actual exchange access line count. This statement shall provide detail as to how the billable exchange access line count was determined, including any equivalency factor used for the line equivalents and the number of lines to which the factor applies.
PSC 173.03(3)
(3) The commission shall withhold from public inspection any wireline 911 emergency telecommunications service contract, or any other information received under this subchapter, that would aid a competitor of one or more of the participating telecommunications providers.
PSC 173.03 History
History: CR 04-026: cr.
Register November 2004 No. 587, eff. 1-1-05.
PSC 173.04(1)(1) Upon receipt of a contract for wireline 911 emergency telecommunications service, the commission shall issue a notice of investigation in accordance with
s. PSC 2.09.
PSC 173.04(2)
(2) Within 60 days of receipt of a contract for the provision of wireline 911 emergency telecommunications service, the commission may disapprove the contract if it finds any of the following:
PSC 173.04(2)(c)
(c) The contract does not comply with the utility's tariff specifying the rates and charges or terms and conditions for the offering of wireline 911 emergency telecommunications service.
PSC 173.04(3)
(3) The commission may act on the contract without hearing.
PSC 173.04(4)
(4) Any person may request disapproval of the contract within 20 days of mailing of notice by the commission, specifying reasons for the disapproval in writing. The person may request a hearing by specifying factual issues that are in dispute.
PSC 173.04(5)
(5) The contract shall be effective immediately on signing and remain effective unless and until disapproved by the commission.
PSC 173.04 History
History: CR 04-026: cr.
Register November 2004 No. 587, eff. 1-1-05.
PSC 173.05
PSC 173.05
Assessment. A telecommunications provider submitting a contract under
s. PSC 173.03 shall pay the commission's direct costs of contract approval, unless the utility has an agreement with participating telecommunications providers to share this cost.
PSC 173.05 History
History: CR 04-026: cr.
Register November 2004 No. 587, eff. 1-1-05.
PSC 173.06
PSC 173.06
Grant applications from wireless providers. PSC 173.06(1)(1) A wireless provider may apply to receive a grant from the fund as reimbursement for costs estimated in
sub. (2). Except as provided in
sub. (6), the wireless provider shall submit an application to the commission no later than April 1, 2005.
PSC 173.06(2)
(2) An application under
sub. (1) shall contain an itemized estimate, and supporting documentation, of the costs that the applicant has incurred, or will incur, during the reimbursement period to upgrade, purchase, lease, program, install, test, operate, or maintain all data, hardware, and software necessary to comply with the federal wireless orders in this state.
PSC 173.06(2)(a)
(a) This estimate may not include any costs for the implementation of wireless 911 emergency service in this state for which the wireless provider has been reimbursed by customers in this state before or during the reimbursement period, apart from the wireless surcharge established pursuant to
s. PSC 173.10. This estimate may include reasonable administrative costs associated with the billing and collection of the wireless surcharge.
PSC 173.06(2)(b)
(b) If a wireless provider does [not] request reimbursement of its costs to provide Phase II wireless 911 service in this state in its application under
sub. (1), the provider may elect not to submit an estimate of its Phase II costs.
PSC 173.06 Note
Note: The word "not" was inadvertently omitted in the first sentence of par. (b) in the adopted rule order. It is clear from the commission's report to the legislature that it intended to include that word in response to a comment from the public at a hearing held on the commission's proposed rule.
PSC 173.06(3)
(3) An application under
sub. (1) shall declare the amount of money the wireless provider has recovered or will recover from customers in this state before or during the reimbursement period, apart from the wireless surcharge established pursuant to
s. PSC 173.10, as reimbursement for costs the wireless provider has incurred or will incur to implement wireless emergency 911 service in this state.
PSC 173.06(3)(a)
(a) The declaration shall include all money recovered from customers with a recurring billing statement or pre-paid service agreement using a separate line item charge identified as related to or associated with the implementation, installation, maintenance, or operation of wireless 911 emergency service network facilities or service features in this state, regardless of whether the amount collected was actually used for that purpose.
PSC 173.06(3)(b)
(b) If a wireless provider does not request reimbursement of its costs to provide Phase II wireless 911 service in this state in its application under
sub. (1), the provider may elect not to make the declaration required under this subsection with respect to its Phase II service.
PSC 173.06(4)
(4) An application under
sub. (1) shall contain a description or explanation of the geographic area in which the wireless provider will provide wireless 911 service in this state. The application shall disclose which local governments within the geographic service area the wireless provider has described have requested from the provider either Phase I or Phase II wireless 911 service in accordance with
47 CFR 20.18 (j).
PSC 173.06(5)
(5) A wireless provider may not apply for a grant under this section if its provision of 911 service does not conform to applicable requirements set forth at
47 CFR 20.18. A wireless provider's eligibility for a grant under this section shall not be conditioned upon compliance with a location accuracy standard different from that established in
47 CFR 20.18 and applicable federal wireless orders. An application under
sub. (1) shall contain an attestation that the applicant's service conforms to the requirements of
47 CFR 20.18, and shall disclose any waivers or other applicable orders of the federal communications commission that postpone the date on which the applicant is required to meet the service standards established in
47 CFR 20.18.
PSC 173.06(6)
(6) A wireless provider that does not provide service to customers in this state before September 3, 2003, may make an application under this section after April 1, 2005, under
s. PSC 173.11 (6) (b).
PSC 173.06 History
History: CR 04-026: cr.
Register November 2004 No. 587, eff. 1-1-05.
PSC 173.07
PSC 173.07
Grant applications from local governments. PSC 173.07(1)(1) A local government, that is authorized by s.
256.35 (3m) (c) 1., Stats., to do so, may apply to receive a grant from the fund as reimbursement for costs that have been directly and primarily incurred, or will be directly and primarily incurred, or both, for leasing, purchasing, operating, or maintaining the wireless public safety answering point, as well as telecommunications network costs assigned to the local government for recovery under
47 CFR 20.18 (j) and applicable federal wireless orders. The local government shall submit an application to the commission no later than April 1, 2005.
PSC 173.07(2)(a)
(a) Demonstrate with appropriate documentation that each county which itself is one of the local governments or in which any of the local governments is located has adopted a resolution to satisfy the requirement of s.
256.35 (3m) (c) 3. or
4., Stats.
PSC 173.07(2)(c)
(c) Demonstrate that the designated public safety answering point has complied with the requirements set forth in
47 CFR 20.18 (j).
PSC 173.07(2)(e)
(e) If an application is for the joint operation of a wireless public safety answering point by local governments, specify the manner in which the estimated costs are apportioned among the local governments.
PSC 173.07(3)(a)
(a) Shall include an estimate of all costs that the applicant has directly and primarily incurred, or will directly and primarily incur, during the reimbursement period for leasing, purchasing, operating, or maintaining the wireless public safety answering point including costs for all of the following:
PSC 173.07(3)(a)1.
1. Necessary network equipment, computer hardware and software, database equipment, and radio and telephone equipment, that are located within the wireless public safety answering point.
PSC 173.07(3)(a)1.a.
a. The estimate of costs may include radio equipment if that equipment is necessary to complete a wireless 911 call to the designated public safety answering point, including microwave telecommunications equipment provided by a telecommunications provider and radio equipment used to transfer calls between answering points to the extent approved under
s. PSC 173.09 (5).
PSC 173.07(3)(a)1.b.
b. The estimate of costs may not include radio equipment that is used for a purpose other than completing a wireless 911 call to the designated public safety answering point, including radio equipment providing communications between a dispatcher and an emergency vehicle and radio equipment providing an inter-agency or inter-government communications link for purposes other than that approved under
s. PSC 173.09 (5).
PSC 173.07(3)(a)2.
2. Training operators of a wireless public safety answering point. The estimate of training costs may not include any portion of the salary and benefits paid to an individual employed by a county or municipal government in any of the job descriptions associated with the operation of the designated public safety answering point.
PSC 173.07(3)(a)3.
3. Network costs for delivery of calls from a wireless provider to a wireless public safety answering point.
