Feed for /code/admin_code/psc/173 PDF
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 PSC 173.04 Commission review.
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)(a) (a) The contract is not compensatory.
PSC 173.04(2)(b) (b) The contract is excessive.
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.
subch. III of ch. PSC 173 Subchapter III — Wireless 911 Fund
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) (2) An application under sub. (1) shall do all of the following:
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)(b) (b) Demonstrate that the designated public safety answering point will serve the geographic area specified by s. 256.35 (3m) (c) 5. and 6., 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)(d) (d) Contain an estimate of costs under sub. (3).
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) (3) The estimate of costs under sub. (2) (d):
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.
PSC 173.07(3)(a)4. 4. Collection and maintenance of data used by the wireless public safety answering point, including data to identify a caller and the location of a caller.
PSC 173.07(3)(a)5. 5. Relaying messages regarding wireless emergency 911 telephone calls via data communications from the wireless public safety answering point to local government emergency call centers in operation before June 1, 2003, that dispatch the appropriate emergency service providers.
PSC 173.07(3)(b) (b) May include costs directly and primarily incurred by the applicant between January 1, 1999, and September 3, 2003, for any costs identified in par. (a) 1. or 4.
PSC 173.07(3)(c) (c) May not include:
PSC 173.07(3)(c)1. 1. Costs related to any of the following:
PSC 173.07(3)(c)1.a. a. Emergency service dispatch, including personnel, training, equipment, software, records management, radio communications, and mobile data network systems.
PSC 173.07(3)(c)1.b. b. Vehicles and equipment in vehicles.
PSC 173.07(3)(c)1.c. c. Communications equipment and software used to communicate with vehicles.
PSC 173.07(3)(c)1.d. d. Real estate and improvements to real estate, other than improvements necessary to maintain the security of a wireless public safety answering point.
PSC 173.07(3)(c)1.e. e. Salaries and benefits of operators of a wireless public safety answering point.
PSC 173.07(3)(c)2. 2. Any costs in par. (a) which the applicant has recovered in the form of a gift or grant for the purposes described in par. (a).
PSC 173.07(4) (4) Except to the extent approved by the commission under s. PSC 173.09 (4), an application from a local government or governments under this section may request to receive a grant for only one wireless public safety answering point in each county.
PSC 173.07 History History: CR 04-026: cr. Register November 2004 No. 587, eff. 1-1-05; corrections in (1), (2) (a), (b) made under s. 13.92 (4) (b) 7., Stats., Register February 2011 No. 662.
PSC 173.08 PSC 173.08 Supplemental grants.
PSC 173.08(1)(1) A county may apply for a supplemental grant under this section if:
PSC 173.08(1)(a) (a) The county, or a local government within the county, jointly operates a wireless public safety answering point with another county, or local government in another county.
PSC 173.08(1)(b) (b) The county has previously or concurrently applied for a grant under s. PSC 173.07.
PSC 173.08(1)(c) (c) Each county in which the participating local governments are located has adopted a resolution pursuant to s. 256.35 (3m) (c) 3., Stats., designating the same wireless public safety answering point, and that answering point is located in the county submitting the application for a supplemental grant.
PSC 173.08(1)(d) (d) The designated public safety answering point provides a single point of termination for telephone calls directed to 911 that originate from wireless telephones located within the combined geographic jurisdiction of the participating local governments.
PSC 173.08(1)(e) (e) For purposes of this section, a "local government in another county" means a city, village or town located in a county other than the county applying for a supplemental grant that operates a public safety answering point, as defined in s. 256.35 (1) (gm), Stats., pursuant to a countywide 911 system plan adopted by ordinance in accordance with s. 256.35 (3) (b) 1., Stats.
PSC 173.08(2)(a)(a) To receive a supplemental grant during all three years of the reimbursement period, a county that is eligible to apply for a supplemental grant under sub. (1) shall submit its application to the commission with its application under s. PSC 173.07, no later than April 1, 2005.
PSC 173.08(2)(b) (b) To receive a supplemental grant during the second and third year of the reimbursement period, a county that is eligible to apply for a supplemental grant under sub. (1), and that did not submit an application for a supplemental grant with its grant application under s. PSC 173.07, shall submit its application during the commission's second year review under s. PSC 173.11 (6) by the date the commission establishes in a public notice.
PSC 173.08(2)(c) (c) To receive a supplemental grant during the third year of the reimbursement period, a county that is eligible to apply for a supplemental grant under sub. (1), and that did not submit an application for a supplemental grant with its grant application under s. PSC 173.07 or during the commission's second year review, shall submit its application during the commission's third year review under s. PSC 173.11 (6) by the date the commission establishes in a public notice.
PSC 173.08(3) (3) An application for a supplemental grant under this section is in addition to the application for grants that the county may make under s. PSC 173.07.
PSC 173.08(4) (4) An application for a supplemental grant under this section is not subject to the restrictions set forth in s. PSC 173.07.
PSC 173.08(5) (5) An individual supplemental grant shall not exceed an amount equal to 50% of the amount awarded to the applicant county as a grant under ss. PSC 173.07 (1) and 173.09 (3). The total of the amount awarded as supplemental grants shall not exceed 10% of the 911 wireless fund.
PSC 173.08 History History: CR 04-026: cr. Register November 2004 No. 587, eff. 1-1-05; corrections in (1) (c), (e) made under s. 13.92 (4) (b) 7., Stats., Register February 2011 No. 662.
PSC 173.09 PSC 173.09 Review and approval of grant and supplemental grant applications.
PSC 173.09(1) (1) The commission shall provide reasonable notice to the clerk of each county, each wireless provider that has requested notice, and any other interested party, of the date on which an application under this subchapter is due. If an application under s. PSC 173.06 or 173.07 is submitted after the deadline, the commission shall take action under sub. (8).
PSC 173.09(2) (2) After the receipt of an application requesting a grant under this subchapter, the commission shall issue a notice of investigation in accordance with s. PSC 2.09 if it has not already done so. The commission shall provide an opportunity for interested parties to comment on whether pending grant applications should be approved, subject to the limitation on access to information in s. PSC 173.12.
PSC 173.09(3) (3) The commission shall approve an application under s. PSC 173.06 or 173.07 if the commission determines all of the following:
PSC 173.09(3)(a) (a) The costs estimated in the application have been, or will be, incurred for the purpose of promoting a cost-effective and efficient statewide system for responding to wireless emergency 911 telephone calls.
PSC 173.09(3)(b) (b) The costs estimated in the application are reasonable.
PSC 173.09(3)(c) (c) The application complies with the requirements of this chapter.
PSC 173.09(3)(d) (d) If the application is from a local government and includes costs related to the collection and maintenance of data under s. PSC 173.07 (2) (d), the requirements under sub. (7) are met.
PSC 173.09(4) (4) The commission shall approve an application requesting a supplemental grant under s. PSC 173.08 if the commission determines all of the following:
PSC 173.09(4)(a) (a) The supplemental grant application is submitted by a county and complies with the requirements of this chapter.
PSC 173.09(4)(b) (b) The amount requested is reasonable.
PSC 173.09(5) (5) Notwithstanding sub. (3), the commission may only approve an application for a grant to reimburse a local government for costs under s. PSC 173.07 (3) (a) 5. if the commission first determines that reimbursement of such costs is in the public interest and will promote public health and safety. In making this determination, the commission shall give preference to applications that propose to use existing equipment, and request reimbursement for equipment already purchased and costs already incurred.
PSC 173.09(6) (6) If an application from a local government requests reimbursement under s. PSC 173.07 (3) (a) for equipment and facilities that will also be used to terminate wireline 911 emergency telecommunications service, the commission shall presume that one half of the total cost of equipment and facilities is directly associated with wireless 911 service and can be reimbursed from the fund.
PSC 173.09(6)(a) (a) An applicant may rebut this 50% presumption by providing sufficient evidence to demonstrate that the presumed ratio is unfair and would unreasonably burden local taxpayers with the recovery of costs directly and solely attributable to the addition of enhanced wireless 911 telephone service.
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