SECTION 76. PSC 160.15 is amended to read:
PSC 160.15 Identification of charges caused by universal service funding liability. Telecommunications providers may not establish a surcharge or separately identify on customer bills, any amounts for recovering, or contributing to, or recovering any portion of the providers' payment of universal service fund obligations.
SECTION 77. PSC 160.155 is created to read:
PSC 160.155 Reasonably comparable urban and rural rates (1) All telecommunications providers must maintain rates in rural area that are reasonably comparable to those charged by that provider in urban areas. The services offered for those rates must also be reasonably comparable.
(2) To be reasonably comparable, rates must not vary significantly, except to the extent that higher rates are for additional or higher quality service than is generally offered. Having a longer length circuit between the switch and customer premises is not considered additional or higher quality service.
(3) Non-recurring charges for rural customers must also be reasonably comparable to those charged to urban customers.
(4) Rates for incumbent local exchange carriers which vary between exchanges, and which have been set by commission order, are exempted until such time as the rates are revised or changed. A rate decrease which is applied uniformly across an entire rate classification does not constitute a change for the purposes of this paragraph.
(5) In order to maintain rural and urban toll rate parity, where a local exchange service provider's switched access rates exceed 150% of the benchmark access rates established by the commission, the provider will issue credits to the access customer reducing those access rates to 150 percent of the benchmark rates. The commission may revise the benchmark access rates by order, following comment and opportunity for hearing. Local exchange service providers will be reimbursed by the universal service fund for the value of the credits issued.
Note: The initial benchmarks were established by the commission in docket 05-TI-130.
SECTION 78. PSC 160.181 is created to read:
PSC 160.181 Use audit. Recipients of universal service fund monies may be audited by the commission to ensure that the funding was applied for and used appropriately.
SECTION 79. PSC 160.19(4)(a) and (5) are amended to read:
(a) Terms of universal service fund council members initially appointed by the commission are effective through December 31, 1995. After December 31, 1995, universal Universal service fund council members shall be appointed to staggered three-year terms.
Note: For terms beginning on January 1, 1996, the commission will appoint some universal service fund council members to a one year term, others to a 2 year term and the remaining members to a 3 year term.
(5) The commission shall appoint a chairperson for the universal service fund council who shall serve in that capacity through December 31, 1995. There
after, the The universal service fund council shall elect a chairperson and a vice-chairperson from its membership, not including the commission staff liaison. The term of office for these positions shall be one year. Elections may be held at the first meeting of each calendar year commencing after December 31, 1995, or may be conducted by mail prior to the first meeting of each calendar year.
Initial Regulatory Flexibility Analysis
Existing universal service fund rules may have an effect on small telecommunications utilities, which are small businesses under s. 196.216, Stats., for the purposes of s. 227.114, Stats. These small telecommunications utilities, of which there are 78 in Wisconsin, like other telecommunications providers (both large and small), have obligations under the universal service fund, including an obligation for payments to the universal service fund. The rule changes proposed in this proceeding could have the effect of changing the amount of the assessments. Some of these changes may increase the amount of funding needed, while others may decrease the amount paid by any given provider. The net effect of these changes is uncertain.
Other provisions of these proposed rules should have no direct impact on small businesses. The Commission already has established, in s. PSC 160.18(1), an exemption from fund assessments to protect entry by and continued operation of small telecommunications providers as directed by statutory objectives. There are no new reporting or bookkeeping requirements created under these proposed rules for any business except for wireless carriers who choose to become eligible telecommunications carriers.
The agency has considered the methods in s. 227.114(2), Stats., for reducing the impact of the rules on small businesses. Other than the provisions for exemption from assessments for small providers noted above, these methods are not necessary, appropriate nor consistent with statutory objectives.
Fiscal Estimate
The annual appropriation for the Universal Services fund Programs covered under rules in ch. PSC 160 is $8,000,000. There is no anticipation that spending for the specified programs identified in this rule making proceeding will exceed this spending level.
Environmental Analysis
This is a Type III action under s. PSC 4.10(3). No unusual circumstances suggesting the likelihood of significant environmental consequences have come to the Commission's attention. Neither an environmental impact statement under s. 1.11, Stats., nor an environmental assessment is required.
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Agriculture, Trade and Consumer Protection
(CR 98-123):
Chs. ATCP 10 and 11 - Relating to fish farms, fish diseases and imports of live fish and fish eggs.
Agriculture, Trade and Consumer Protection
(CR 98-152):
Chs. ATCP 10 to 12 - Relating to:
1) Licensing fees charged to livestock markets, livestock dealers and livestock truckers;
2) Registration fees charged to the keepers of farm-raised deer;
3) Fees charged for a permit to operate an approved feed lot; and
4) The fee charged to an accredited veterinarian when the veterinarian obtains, from the Department of Agriculture, Trade and Consumer Protection, forms to be used in issuing interstate health certificates or certificates of veterinary inspection.
SS. HSS 98.01, 98.03, 98.04 and 98.28 to 98.32 - Relating to lie detector testing of sex offenders who are in community placements.
Ch. HFS 163 - Relating to certification for the identification, removal and reduction of lead-based paint hazards, accreditation of training courses that prepare individuals for certification, and approval of training course managers, principal instructors and guest instructors.
Ch. Ins 51 - Relating to risk-based capital for health insurers.
Ch. NR 167 - Relating to the land recycling loan program.
Ch. NR 20 and s. NR 21.02 (16) - Relating to sport fishing regulations.
Subch. VIII of ch. NR 809 - Relating to water system capacity for community and nontransient noncommunity water systems.
S. NR 410.03 - Relating to an increase in construction permit fees.
Ch. NR 47 - Relating to forestry grant programs.
Chs. RL 120 to 126 - Relating to the registration and regulation of auctioneers and auction companies.
S. Tax 11.68 - Relating to construction contractors.
Administrative Rules Filed With The
Revisor Of Statutes Bureau
The following administrative rules have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication of these rules could be delayed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rules.
Agriculture, Trade and Consumer Protection
(CR 98-118):
An order affecting ch. ATCP 30 Appendix A, relating to pesticide product restrictions.
Effective 04-01-99.
An order affecting ss. Trans 200.01 and 200.055, relating to the location for placement of utility work signs.
Effective 04-01-99.
An order amending s. VA 2.01 (2) (b) 2., relating to the expenditure limitation for dentures under the health care aid grant program.
Effective 04-01-99.
The following administrative rule orders have been adopted and published in the February 28, 1999 Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code, and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
An order affecting s. Comm 2.35 and ch. Comm 67, relating to rental unit energy efficiency standards.
Effective 03-01-99.
An order repealing ch. ILHR 32 and creating ch. Comm 32, relating to public employe safety and health.
Effective 03-01-99.
An order affecting ss. Comm 16.50, 54.07 and 64.45 and chs. Comm 51, 52, 56 and 58, relating to an update of adopted National Fire Protection Association (NFPA) standards in the Building Code.
Effective 03-01-99.
An order creating ch. HFS 127, relating to the operation of rural medical centers.
Effective 03-01-99.
Hearing & Speech Examining Board
(CR 98-115):
An order affecting ss. HAS 1.01, 2.01, 3.02 and 7.05 and chs. HAS 6 and 8, relating to continuing education, renewal, temporary practices, practical examinations, fitting of hearing instruments, use of titles, initials and designations and unlicensed practice.
