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.
PSC 173.09(6)(b) (b) A wireless provider or other interested party may also submit comments in response to the notice required under sub. (2) challenging this presumption by providing sufficient evidence to demonstrate that the presumed ratio is unfair and would unreasonably burden wireless telephone subscribers with the recovery of costs that have not been, or will not 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(7)(a)(a) An application from a local government that requests reimbursement for costs related to the collection and maintenance of data under s. PSC 173.07 (2) (d) shall be approved only if the commission determines all of the following:
PSC 173.09(7)(a)1. 1. The local government's collection of land information, and development of a land information system that is related to that purpose are consistent with the applicable county land records modernization plans developed under s. 59.72 (3) (b), Stats.
PSC 173.09(7)(a)2. 2. The local government's collection of land information conforms to the standards on which such plans are based.
PSC 173.09(7)(a)3. 3. The local government's collection of land information does not duplicate land information collection and other efforts funded through the land information program under s. 16.967 (7), Stats.
PSC 173.09(7)(b) (b) For any determination made by the commission under par. (a) before July 1, 2005, the commission shall first request the advice of the land information board before making its determination.
PSC 173.09(8) (8) If a wireless provider or local government submits an application after the deadline specified in ss. PSC 173.06 and 173.07, respectively, the commission shall reduce the costs approved under sub. (3) by the following amounts:
PSC 173.09(8)(a) (a) If the application is less than 1 week late, 5%.
PSC 173.09(8)(b) (b) If the application is 1 week or more but less than 2 weeks late, 10%.
PSC 173.09(8)(c) (c) If the application is 2 weeks or more but less than 4 weeks late, 25%.
PSC 173.09(8)(d) (d) If the application is 4 weeks or more late, the wireless provider or local government is not eligible for a grant.
PSC 173.09(9) (9) If the commission does not approve an application under sub. (3) or (4), the commission shall provide the applicant with the commission's reasons and give the applicant an opportunity to resubmit the application. If the commission approves a part of the application, the commission shall provide the applicant with the commission's reasons for disapproving part of the application and give the applicant an opportunity to resubmit the portion of the application previously disapproved.
PSC 173.09(10) (10) For any application under this subchapter pending before the commission, the wireless provider or a local government that submitted the application may revise the application before the commission approves or disapproves it without incurring a penalty under sub. (8). For any application approved by the commission under sub. (3), the wireless provider or a local government that submitted the application may revise the application before the commission makes a disbursement to that wireless provider or local government.
PSC 173.09 History History: CR 04-026: cr. Register November 2004 No. 587, eff. 1-1-05.
PSC 173.10 PSC 173.10 Wireless surcharge.
PSC 173.10(1)(1) Calculation.
PSC 173.10(1)(a)(a) Upon the request of the commission, each wireless provider shall file with the commission a report setting forth the number of its wireless telephone numbers with billing addresses in this state that are billed on a recurring basis and the number of its wireless telephone numbers subject to a pre-paid service agreement with a customer with an address in this state or sold within this state, as of the date specified in the commission request.
PSC 173.10(1)(b) (b) The commission shall determine the amount of the wireless surcharge by dividing the sum of the total amount of money requested from all grant and supplemental grant applications approved under s. PSC 173.09 and the reasonable administration costs under s. PSC 173.11 (2) by 36, and then dividing that result by the total number of telephone numbers served by wireless providers and reported under par. (a).
PSC 173.10(2) (2)Order. The commission shall set the amount of the wireless surcharge by an order pursuant to s. 227.47 (1), Stats. An interested party may petition to reopen the proceeding and amend the surcharge order under s. 196.39 (2), Stats., and s. PSC 2.28.
PSC 173.10(3) (3)Collection.
PSC 173.10(3)(a)(a) Each wireless provider shall impose the wireless surcharge for each telephone number of a customer that has a billing address in this state on each bill rendered during the surcharge period.
PSC 173.10(3)(b) (b) The wireless surcharge shall be calculated and applied on a monthly basis. The wireless surcharge shall be the same for each wireless telephone number, regardless of the serving wireless provider, except that:
PSC 173.10(3)(b)1. 1. For a customer that is billed on a recurring basis other than monthly, the wireless provider shall impose a surcharge equal to the amount of the wireless surcharge times the number of months of service billed in that customer's billing statement times the number of telephone numbers billed or assigned to that customer.
PSC 173.10(3)(b)2. 2. For a customer with prepaid wireless telephone service, the wireless provider shall charge to that customer's prepaid account using one of the following methods:
PSC 173.10(3)(b)2.a. a. The provider shall charge the prepaid account the amount of the monthly surcharge when the telephone becomes an active prepaid wireless telephone, provided the balance of the prepaid account is greater than or equal to the monthly wireless surcharge.
PSC 173.10(3)(b)2.b. b. The provider shall divide the total prepaid wireless telephone revenue earned and received in the state a calendar month during the surcharge period by $50, and multiply the quotient by the monthly wireless surcharge.
PSC 173.10(3)(c) (c) Each wireless provider shall pay the full amount of the surcharge collected to the commission within 30 days of the end of the month in which the surcharge was collected for deposit in the fund. A wireless provider may not withhold any portion of the surcharge it collects as reimbursement for the cost of billing and collecting the surcharge, or for any other purpose. A wireless provider may include reasonable administrative costs as part of its grant application under s. PSC 173.06.
PSC 173.10 History History: CR 04-026: cr. Register November 2004 No. 587, eff. 1-1-05 except (1) (b) and (2), which are eff. 10-1-05.
PSC 173.11 PSC 173.11 Fund administration.
PSC 173.11(1)(1) Designation. The commission may designate a fund administrator.
PSC 173.11(2) (2)Administrative costs. The commission may recover from the fund its reasonable costs related to the administration of the fund.
PSC 173.11(3) (3)Deposit of funds. The commission shall ensure that the amounts billed and collected through the wireless surcharge and remitted to the commission are deposited in the fund. All amounts deposited in the fund, including moneys earned as interest, shall remain in the fund until disbursed as provided in this chapter.
PSC 173.11(4) (4)Required documentation. Wireless providers and local governments with approved applications for grants under this chapter shall submit requests for reimbursement that include all of the following:
PSC 173.11(4)(a) (a) A paid invoice to document the actual cost of any approved purchase from a vendor or supplier.
PSC 173.11(4)(b) (b) Appropriate documentation, such as time slips for work performed by employees or attendance rosters and training outlines for training performed, to verify that any internal costs approved for reimbursement actually were incurred.
PSC 173.11(4)(c) (c) Appropriate documentation to verify that local governments have complied with the requirements under 47 CFR 20.18 (j).
PSC 173.11(4)(d) (d) Any other documentation that the commission may request to ensure that the moneys disbursed by grant have been used in the manner proposed by the applicant and approved by the commission.
PSC 173.11(5) (5)Disbursements.
PSC 173.11(5)(a)(a) The commission shall make quarterly payments to wireless providers and local governments that have approved applications for grants under this chapter.
PSC 173.11(5)(b) (b) The amount disbursed each quarter to a wireless provider or local government shall be the unpaid amount of the grant approved by the commission under s. PSC 173.09 for that wireless provider or local government divided by the number of months remaining in the reimbursement period times 3, but the commission may not disburse more than the amount for which the wireless provider or local government has provided the documentation specified in sub. (4).
PSC 173.11(5)(c)1.1. The commission shall begin payment of approved grant amounts to wireless providers when the wireless provider has installed all necessary equipment, upgrades and interconnecting telecommunications circuits to provide service to a designated public safety answering point. If a wireless provider provides wireless 911 service to more than one answering point in the state, the Commission may divide the approved grant amount due to that wireless provider into appropriate increments, and pay the increments based upon installation of service to each individual answering point.
PSC 173.11(5)(c)2.a.a. Except as provided in subd. 2. b., the commission shall begin payment of approved grant amounts to local governments when the enhanced wireless 911 telecommunications service is implemented and made available to wireless telephone subscribers located within the boundaries of that local government.
PSC 173.11(5)(c)2.b. b. For grant applications that include a request for reimbursement for the purchase of equipment described in s. PSC 173.07 (3) (a) 1., the commission may begin quarterly payments of approved grant amounts related to that equipment after the start of the surcharge period and upon receipt of the documentation in sub. (4) (a).
PSC 173.11(5)(d) (d) The commission shall withhold payment of an approved grant to a local government if that local government does not implement the wireless 911 service in its jurisdiction before the end of the reimbursement period, and the local government shall repay to the fund any money it already received from the fund.
PSC 173.11(5)(e) (e) No wireless provider or local government may receive a total amount in grants that exceeds the lesser of the estimated amount approved by the commission under s. PSC 173.09 for that wireless provider or local government or the cost actually incurred and documented under sub. (4).
PSC 173.11(5)(f) (f) In the event that the fund has an insufficient balance to make all scheduled payments, the commission may reschedule payments to ensure the solvency of the fund.
PSC 173.11(5)(g) (g) In the case of a disbursement for a jointly operated wireless public safety answering point, the commission shall apportion the disbursement of the grant in the manner specified under s. PSC 173.07 (2) (e).
PSC 173.11(6) (6)Second year and third year review.
PSC 173.11(6)(a)(a) The commission shall review the amount of the wireless surcharge and the status of scheduled disbursements prior to the thirteenth and twenty-fifth month of the surcharge period. To facilitate these reviews, the commission may request from wireless providers an updated count of the number of wireless telephone numbers billed on a recurring basis and the number of wireless telephone numbers subject to a pre-paid service agreement.
PSC 173.11(6)(b) (b) A wireless provider that did not provide service to customers in this state before September 3, 2003, and did not otherwise apply for a grant under s. PSC 173.06, may apply for a grant during the second year or third year review by the date the commission establishes in a public notice. A wireless provider applying for a grant under this section shall comply with all other requirements of this chapter.
PSC 173.11(6)(c) (c) A wireless provider or local government may revise an application approved under s. PSC 173.09 before the date on which the grant is disbursed.
PSC 173.11(6)(d) (d) A county that is eligible to apply for a supplemental grant under s. PSC 173.08 (1) may apply for a supplemental grant under during the commission's second year or third year review if it did not apply for a supplemental grant when it submitted its grant application under s. PSC 173.07.
PSC 173.11(6)(e) (e) The commission may decrease the wireless surcharge at any time. The commission may increase the wireless surcharge, effective as of the thirteenth and twenty-fifth month of the surcharge period, after completion of the second year and third year review.
PSC 173.11(6)(f) (f) The commission may reduce the amount of the wireless surcharge collected under s. PSC 173.10 (3) (b) 2. b. during the final 6 months of the surcharge period to avoid collecting money in excess of the needs of the fund.
PSC 173.11(7) (7)Final review. At the conclusion of the reimbursement period, the commission shall distribute to wireless providers any funds collected but not disbursed or otherwise obligated. Funds shall be distributed to wireless providers in proportion to the providers' respective deposits into the fund. The commission shall withhold payment of this residual money until the provider agrees to credit its current customer accounts the full amount of the residual payment. If a provider does not agree, then that provider's distribution amount shall be proportionately distributed to those providers that have agreed. Upon completion of all scheduled payments, including the residual payments at the end of the reimbursement period, the commission shall discontinue the fund.
PSC 173.11(8) (8)Collection action authorized. The commission may bring an action to collect a surcharge that is not paid by a customer. The customer's wireless provider is not liable for the unpaid surcharge.
PSC 173.11 History History: CR 04-026: cr. Register November 2004 No. 587, eff. 1-1-05.
PSC 173.12 PSC 173.12 Confidentiality of information. The commission shall withhold from public inspection any information received under this subsection that would aid a competitor of a wireless provider in competition with the wireless provider.
PSC 173.12 History History: CR 04-026: cr. Register November 2004 No. 587, eff. 1-1-05.
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Published under authority of s. 35.93, Stats. Updated on the first day of each month. Entire code is alwaycurrent. The date shown on each chapter is the date the chapter was last published.