Rule-making notices
Notice of Hearings
Agriculture, Trade and Consumer Protection
[
CR 04-030]
Agricultural Producer Security Rules.
The Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on a proposed permanent rule and two emergency rules relating to the agricultural producer security program under ch.
126, Stats. These rules modify chs.
ATCP 99,
100 and
101, Wis. Adm. Code.
The department will hold two hearings at the time and places shown below. The department invites public comments on these rules. The department also seeks comments on other issues related to the producer security program, including possible overlap between the Wisconsin producer security program and the federal Perishable Agricultural Commodities Act (vegetables).
Following the public hearing, the hearing record will remain open until May 14, 2004, for additional written comments. You may obtain a free copy of these rules by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Bureau of Trade Practices, 2811 Agriculture Drive, P.O. Box 8911, Madison WI 53708, or by calling (608) 224-4928. Copies will also be available at the hearings.
Hearing impaired persons may request an interpreter for these hearing. Please make reservations for a hearing interpreter by April 19, 2004, by writing to Kevin LeRoy, Division of Trade and Consumer Protection, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4928. Alternatively, you may contact the Department TDD at (608) 224-5058. Handicap access is available at the hearings.
Hearings are scheduled as follows:
Monday, April 26, 2004, 1:30 p.m. until 4:00 p.m.
Wisconsin Department of Agriculture, Trade and Consumer Protection
Board Room
2811 Agriculture Drive
Madison, WI 53718
Handicapped accessible
Tuesday, April 27, 2004, 10:00 a.m. until 12:30 p.m.
Marathon County Public Library
300 N. First Street
Wausau, WI 54403
Handicapped accessible
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Statutes Interpreted: ch.
126, Stats.
The Wisconsin department of agriculture, trade and consumer protection ("DATCP") currently administers an agricultural producer security program under ch.
126, Stats. ("producer security law"). This program is designed to protect agricultural producers from catastrophic financial defaults by grain dealers, grain warehouse keepers, milk contractors and vegetable contractors (“contractors") who procure agricultural commodities from producers. Among other things, the law requires most contractors to pay assessments to an agricultural producer security fund.
DATCP may adopt rules to implement the program (see statutory authority above).
Among other things, DATCP may revise contractor assessment rates, require contractor disclosures to producers, and interpret other requirements under the producer security law. This rule does all of the following:
•Authorizes a partial refund of certain agricultural producer security assessments required of grain dealers, grain warehouse keepers, milk contractors and vegetable contractors (collectively referred to as "contractors") under ch.
126, Stats. This rule authorizes a partial refund of an annual assessment that is drastically inflated by a temporary change in financial condition caused by a merger or acquisition. This rule defines the specific circumstances under which the refund is authorized. This rule does not authorize a refund if the change in the contractor's financial condition lasts more than one fiscal year.
•Updates the disclosures that contractors must give agricultural producers under current rules. The updates are needed to accommodate recent law changes under
2003 Wis. Act 38.
•Clarifies that grain dealers and warehouse keepers may provide grain purchase and deposit receipts (required by current law) in electronic form, provided that the recipient can retrieve, store and print the receipt for future reference.
Assessment Refunds
Background
Under the producer security law, contractors pay annual assessments to an agricultural producer security fund ("the fund"). If a contractor defaults in payments to producers, DATCP may compensate producers from the fund. A contractor's annual fund assessment is based on the contractor's size, financial condition and risk practices. DATCP may modify fund assessments by rule.
Financial condition is determined on the basis of an annual financial statement filed by the contractor. Other things being equal, contractors with weaker financial statements pay higher annual fund assessments. Fund assessments are calculated according to a formula spelled out in the producer security law. However, DATCP may modify fund assessments by rule.
Refunds Authorized
In some cases, a merger or acquisition may temporarily affect a contractor's financial statement. This temporary change may in some cases cause a disproportionate increase in annual fund assessments (based on the current statutory assessment formula). In such cases, this rule authorizes DATCP to refund part of a contractor's assessment if certain conditions apply. The refund is paid as a credit against the next year's assessment.
Under this rule, DATCP may refund part of an annual fund assessment paid by a contributing contractor if all of the following apply:
•The contractor paid the full amount of the assessment, including any late penalties that may apply.
•The contractor is the surviving entity in a merger under s.
179.77,
180.1101,
183.1201 or
185.61, Stats., or has acquired property pursuant to a sale of assets under s.
180.1202, Stats.
•The assessment was based on the contractor's financial statement for the fiscal year in which the merger or acquisition took effect.
•The contractor's financial statement, for the fiscal year in which the merger or acquisition took effect, caused the sum of the contractor's current ratio assessment rate and debt to equity assessment rate (both calculated according to current statutory formulas) to increase by at least 100% compared to the preceding license year.
•The contractor's annual financial statements, for the fiscal years immediately preceding and immediately following the fiscal year in which the merger or acquisition took effect, show positive equity, a current ratio of at least 1.25 to 1.00 and a debt to equity ratio of no more than 3.0 to 1.0.
•In the license year immediately following the license year for which the contractor paid the assessment, the sum of the contractor's current ratio assessment rate and debt to equity assessment rate (both calculated according to current statutory formulas) declines by at least 50% compared to the license year for which the contractor paid the assessment.
•The contractor requests the refund in writing, by the first day of the next license year.
Refund Amount
The amount of the refund under this rule will equal 75% of the difference between the assessment amount paid by the contractor and the assessment amount required of the contractor in the next license year.
Refund Paid as Credit Against Next Year's Assessment
Whenever DATCP pays a refund under this rule, DATCP must pay the refund as a credit against the contractor's assessment for the next license year. DATCP must apportion the credit, pro rata, against the quarterly assessment installments required of the contractor in that next license year. If the credit exceeds the total assessment required of the contractor in that next license year, DATCP must credit the balance in the same fashion against assessments required of the contractor in subsequent license years (up to 2 years).
DATCP may not pay refunds except as credits against future assessments (there is no cash refund). DATCP may not pay a refund (grant a credit) to any person other than the contractor who paid the original assessment on which the refund is given.
Disclosures to Producers
Under current rules, a contractor must provide an annual written “notice to producers." The notice must disclose whether the contractor participates in the fund, or has filed security with DATCP, to secure the contractor's payment obligations to producers. The notice may take different forms, depending on the basis on which the contractor is licensed by DATCP. Current rules spell out the type of notice that each contractor must give, and exact wording that the notice must include.
2003 Wis. Act 38 modified fund assessments and security filing requirements for some contractors. This rule modifies current disclosure requirements for some contractors, so that the disclosures accurately reflect current law.
Electronic Receipts for Grain
Chapter
126, Stats. requires grain dealers and grain warehouse keepers to provide written receipts for grain received from producers and depositors. This rule authorizes grain dealers and warehouse keepers to provide those receipts in electronic form, provided that the producer or depositor can readily retrieve, view, store and print the receipt for future reference.
Federal and Surrounding State Regulations
Wisconsin's Security Program
Wisconsin has an agricultural producer security program for grain, milk and vegetables. The Wisconsin legislature has spelled out detailed statutory requirements for grain dealers, grain warehouse keepers, milk contractors and vegetable contractors (ch.
126, Stats.). Contractors must be licensed by DATCP, and most contractors must contribute to an agricultural producer security fund administered by DATCP. A few contractors must also file security with DATCP.
DATCP cannot alter current statutory requirements, but can interpret and implement those requirements by rule. This rule makes limited changes to current rules. This rule will benefit contractors by authorizing assessment refunds and electronic grain receipts, without reducing producer security. This rule also modifies contractor disclosure requirements to implement recent statutory changes.
Federal Programs
There are no federal producer security programs related to milk. The United States department of agriculture (USDA) administers a producer security program for federally licensed grain warehouses that store grain for producers. Grain warehouses may choose whether to be licensed under state or federal law. Federally-licensed warehouses are exempt from state warehouse licensing and security requirements. State-licensed warehouses are likewise exempt from federal requirements.
The federal grain warehouse program currently provides little or no protection against financial defaults by grain dealers. Grain dealers are persons who buy and sell grain. Sometimes, grain dealers also operate grain warehouses. DATCP currently licenses grain dealers. Licensed warehouse keepers must also hold a state grain dealer license if they engage in grain dealing.
USDA proposes to regulate grain dealer activities of federally licensed warehouses, to the exclusion of state regulation. But USDA has not yet finalized its regulations. In any case, the federal regulations would not apply to state-licensed grain warehouses, or to grain dealers who do not operate a warehouse.
There is a federal security program for fresh market vegetables, but not for processing vegetables. Wisconsin's vegetable security program applies only to processing vegetables (not fresh market vegetables covered by federal regulations).
Surrounding States
In Minnesota, contractors must be licensed to procure grain, milk or processing vegetables from producers, or to operate grain warehouses. Regulated contractors must file bonds as security against default.
Neither Iowa nor Illinois have producer security programs for milk or vegetables. However, both states maintain indemnity funds to protect grain producers. Fund assessments are based solely on grain volume. In Wisconsin, by contrast, fund assessments are based on grain volume and financial condition.
Michigan has the following producer security programs:
•Potato dealers must be licensed, and must post bonds as security against defaults. (Wisconsin's vegetable security program includes, but is not limited to, potatoes.)
•Dairy plants that fail to meet minimum financial standards must file security or pay cash for milk.
•Grain producers have the option of paying premiums into a state fund. In the event of a grain default, the fund reimburses participating producers.
Fiscal Estimate
This rule will have little or no fiscal impact on the agricultural producer security fund, and no fiscal impact on the department. This rule authorizes partial refunds of fund assessments in certain cases, but the department does not anticipate many such cases. Refunds, when made, would merely eliminate unanticipated “windfalls" to the fund, and would not affect overall revenue projections for the fund. The rule will not have a significant impact on the department's operating costs.
Business Impact Analysis
This rule will have a minimal impact on regulated businesses. The Wisconsin legislature has spelled out detailed statutory requirements for grain dealers, grain warehouse keepers, milk contractors and vegetable contractors (ch.
126, Stats.). DATCP has limited authority to change these requirements by rule.
This rule will make minor changes to current rules. This rule will have a positive impact on some businesses, by authorizing assessment refunds and electronic receipts. This rule updates current disclosure requirements (per recent law changes), but the updated disclosure requirements will have a minimal impact on regulated businesses.
This rule does not impose any new regulatory requirements. This rule does not add business costs, and will reduce costs for some businesses. This rule will have little, if any, impact on small business.
Notice of Hearing
Justice
NOTICE IS HEREBY GIVEN that, pursuant to s.
895.12, Stats., and interpreting s.
895.12, Stats., the Department of Justice will hold a public hearing on proposed rules, ch.
Jus 16, relating to the enforcement of the tobacco master settlement agreement.
The hearing shall take place on:
April 30, 2004
10:00 a.m.
Risser Justice Building
Room 726
17 West Main Street
Madison, WI 53702
Interested persons are invited to appear at the hearing and offer comments on the proposed rule. Persons making oral presentations are requested to submit their comments in writing as well. The public record on this proposed rule will remain open until the close of business on the day of the hearing to permit the submission of written comments from people unable to attend the hearing. Written comments should be submitted to Charlotte Gibson, Assistant Attorney General, 17 West Main Street, Madison, Wisconsin, 53702.
Analysis of Proposed Rule
Statutes Interpreted: Wis. Stat. §
895.12.
2003 Wisconsin Act 245 gives the Department of Justice a number of new powers to enforce the tobacco master settlement agreement (“MSA"). Specifically, cigarette manufacturers must make detailed certifications concerning the products they make, and the attorney general must maintain a directory of the manufacturers who have current and accurate certifications. Manufacturers that have not signed on to the MSA must put into place certified escrow accounts and escrow a certain amount for each cigarette sold to consumers in the State of Wisconsin. The act also allows the attorney general to require certifications and escrow payments quarterly.
This proposed rule implements the powers granted under
2003 Wisconsin Act 73. The proposed rules allow the Department of Justice to require non-participating manufacturers to certify their compliance and make their escrow payments quarterly.
Fiscal Impact
The Department of Justice estimates that there will be no fiscal impact of the proposed rule.
Initial Regulatory Flexibility Analysis
The proposed rule may have an effect on small businesses. The type of small businesses that could be affected are non-participating manufacturers (“NPMs") under the MSA. Under the MSA and statutory law, NPMs (none of which are currently located in Wisconsin) are required to escrow money for possible future litigation concerning the state's health costs related to smoking. The rule gives the Department of Justice the power to require these nonparticipating manufacturers to provide certifications and escrow payments quarterly. While the Department of Justice believes that quarterly payment will assist NPMs to make appropriate marketing decisions so that they can meet these financial obligations, the quarterly reporting will require more paperwork for them.
Copies of Rule and Contact Person
Copies of the proposed rule can be obtained free of charge from, and any questions concerning the rule can be directed to:
Charlotte Gibson
Assistant Attorney General
Wisconsin Department of Justice
17 West Main Street
Madison, WI 53702
(608) 266-7656
Notice of Hearing
Public Service Commission
Hearing Date, Time and Location
Tuesday, April 27, 2004 – 10:00 a.m.
Public Service Commission, 610 North Whitney Way, Madison, WI
Comments Due:
Tuesday, May 18, 2004 – Noon
FAX Due:
Monday, May 17, 2004 – Noon
Address comments to:
Lynda L. Dorr, Secretary to the Commission
Public Service Commission
P.O. Box 7854
Madison, WI 53707-7854
FAX (608) 266-3957
The Public Service Commission of Wisconsin proposes an order to repeal and recreate Wis. Admin. Code ch.
PSC 173, relating to the funding of wireline and wireless emergency number telephone services.
NOTICE IS GIVEN that a hearing will be held beginning on Tuesday, April 27, 2004, at 10:00 a.m. in the Amnicon Falls Hearing Room at the Public Service Commission Building, 610 North Whitney Way, Madison, Wisconsin, and continuing at times to be set by the presiding Administrative Law Judge. This building is accessible to people in wheelchairs through the Whitney Way first floor (lobby) entrance. Parking for people with disabilities is available on the south side of the building. Any person with a disability who needs additional accommodations should contact the docket coordinator listed below.
Written Comments
The Commission requests comments on the above issues. Comments are due at the Commission by noon on May 18, 2004, (or by noon on May 17, 2004, if by fax). An original and 20 copies should be addressed and filed as indicated in the box above. Comments not received by noon on the date due will not be accepted. Fax filing cover sheets must state “Official Filing," the docket number, and the number of pages (limit 20 pages). Please file by one mode only.
Analysis Prepared by the Public Service Commission of Wisconsin
Statute interpreted: s.
146.70, Stats.
The landline 911 emergency number service in place throughout the country uses two distinct network designs. Basic 911 service uses the public switched network to route calls to the answering point. The telephone switch uses a translation table to convert the 911 address to a standard seven-digit or ten-digit telephone number. The dispatcher at the answering point must query the caller to learn the name and location of the calling party.
Enhanced 911 service routes a 911 call (from the telecommunications central office switch to the county or municipal public safety answering point) over a dedicated network, independent of the public switched network. The enhanced service will automatically report the name and address corresponding to the calling party's access line. The enhanced service also permits the system to route 911 calls from a given telephone exchange to more than one answering point, based upon the calling party's location. -
See PDF for diagram 
Thus, enhanced 911 service can be distinguished from basic 911 service by three service elements: a dedicated network, automatic location identification (ALI), and selective routing.
The 911 emergency number systems that are currently deployed in Wisconsin will terminate calls directed to 911 from wireless telephones. This is required by Wis. Stat. §
146.70(2)(h). However, the existing access to 911 from wireless telephones can only provide the features of a basic 911 system. Wireless 911 calls are routed over the public switched network. The wireless carrier routes all 911 calls originated by its antennas or cell sites in a given county to the wireless answering point designated for that county. The current wireless 911 system cannot support multiple answering points. The current system does not disclose the wireless calling party's telephone number or location. This lack of automatic location disclosure severely degrades the usefulness of wireless 911 service, particularly in rural and off-road locations that lack landmarks or other reference points known to the caller or to the dispatcher who answers the call.
Sections
20.155(3)(q) and
146.70(3m), Stats., as created by
2003 Wisconsin Act 48 (Act 48), authorize the Commission to establish the Wireless 911 Fund to reimburse wireless carriers and local governments for the cost of the additional equipment, computer software and telephone network facilities that are required to provide the service elements (dedicated access, ALI, and selective routing) associated with enhanced wireless 911 service.
Act 48 also responds in part to the policy initiatives of the U.S. Congress and the Federal Communications Commission (FCC).
See 47 C.F.R. § 20.18. Under §
20.18(j), a wireless telecommunications carrier is required to provide the enhanced wireless 911 service only after the following conditions have been met: (1) the administrator of a Public Safety Answering Point (PSAP) has requested the service; (2) the PSAP is capable of receiving and utilizing the information associated with the service; and (3) the PSAP has a mechanism in place to recover the cost of the service. Act 48 created the Wireless 911 Fund to address this third requirement for a funding mechanism.
The rule first makes non-substantive changes to the format of ch.
PSC 173 to improve the overall presentation of the chapter. In recreating the existing provisions of ch.
PSC 173, the Commission proposes to modify the current notice requirement for county-wide 911 contracts to align the notice procedure in this rule with the Commission's general administrative process in ch.
PSC 2.
See s.
PSC 173.04 (1).
As required by Act 48, this rule establishes the Wireless 911 Fund and sets forth the necessary administrative procedures to operate the fund. In s.
PSC 173.06, the rule provides the criteria under which grant applications from wireless carriers will be reviewed and approved.
In s.
PSC 173.07, the rule provides the criteria under which grant applications from local governments will be reviewed and approved.
In s.
PSC 173.08, the rule provides the criteria under which local governments applications for supplemental grants will be reviewed and approved.
In s.
PSC 173.09, the rule sets forth the procedures and standards the Commission will use to approve or disapprove grant applications.
In s.
PSC 173.10, the rule sets forth the procedures for setting the wireless surcharge, and for collecting and depositing the money generated by the wireless surcharge.
In s.
PSC 173.11, the rule sets forth the procedures the Commission will use to administer the Wireless 911 Fund.
In s.
PSC 173.12, the rule recites the language adopted by the legislature in Wis. Stats., s.
146.70(3m)(g) to protect the confidentiality of commercially-sensitive information provided by the wireless telecommunications industry to support implementation of the wireless 911 service.
TEXT OF PROPOSED RULE
SECTION 1. Chapter PSC 173 is repealed and recreated to read:
911 EMERGENCY TELECOMMUNICATIONS SERVICE
Subchapter I—General Provisions
PSC 173.01 Purpose. The purpose of this chapter is to implement those provisions of s.
146.70, 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 173.02 Definitions. In this chapter:
(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.
(2) “Application" means a request for money in the form of a grant authorized under s.
146.70(3m)(b),
(c) or
(e), Stats.
(3) “Commercial mobile radio service provider" has the meaning given in s.
196.01(2g), Stats.
(4) “Commission" means the public service commission
(5) “Designated public safety answering point" means a wireless public safety answering point that has been identified in a resolution adopted under s.
146.70(3m)(c)3. or
6., Stats., for the purpose of implementing the federal wireless orders.
(6) “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.
(7) “Fund" means the wireless 911 fund established by ss.
25.17(1)(yo) and
25.98, Stats.
(9) “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.
(10) “Reimbursement period" has the meaning given in s.
146.70(3m)(a)5., Stats.
(11) “Surcharge period" means the 3-year period during which wireless providers shall bill and collect the wireless surcharge authorized by s.
146.70(3m)(f), Stats. The surcharge period shall commence on the first day of the second month beginning after the effective date of s.
PSC 173.10 ….[revisor inserts date] and conclude on the last day of the thirty-sixth month beginning after the month in which the surcharge period commences.
(12) “Wireless provider" has the meaning given in s.
146.70(3m)(a)6., Stats.
(13) “Wireless public safety answering point" has the meaning given in s.
146.70(3m)(a)7., Stats.
(14) “Wireless 911 surcharge" or “wireless surcharge" mean the monthly surcharge authorized by s.
146.70(3m)(f), Stats.
Subchapter II—Wireline 911 Emergency Telecommunications Service Contracts
PSC 173.03 Submission of telecommunications emergency services contracts. (1) A telecommunications utility which enters into a contract with a county for the provisions of 911 emergency telecommunications service shall within 20 days submit the contract for commission review.
(2) In addition to the contract, the utility shall submit all of the following information:
(a) A copy of the county ordinance adopting the plan for a 911 emergency telecommunications system.
(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.
(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.
(d) A list identifying those municipalities outside the contracting county with residents who will be billed for the service.
(e) A statement that all telecommunications service users in the county have access to a 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 911 system on a reasonable economic basis on the effective date of the contract.
(f) A list of exchanges in the county with customers served by a 911 system outside the county, which identifies the provider of the 911 service.
(g) A description of access to the 911 system by telecommunications devices for the communicatively impaired.
(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 911 service are those in the utility's tariffs.
(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 173.04 Commission review. (1) Upon receipt of a contract for 911 emergency telecommunications service, the commission shall issue a notice of investigation in accordance with s.
PSC 2.09.
(2) Within 60 days of receipt of a contract for the provision of 911 emergency telecommunications service, the commission may disapprove the contract if it finds any of the following:
(a) The contract is not compensatory.
(b) The contract is excessive.
(c) The contract does not comply with the utility's tariff specifying the rates and charges or terms and conditions for the offering of 911 emergency telecommunications service.
(3) The commission may act on the contract without hearing.
(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 which are in dispute.
(5) The contract shall be effective immediately on signing and remain effective unless and until disapproved by the commission.
PSC 173.05 Assessment. A telecommunications utility submitting a contract under this chapter shall pay the commission's direct costs of contract approval, unless the utility has an agreement with participating utilities to share this cost.
Subchapter III—Wireless 911 Fund
PSC 173.06 Grant applications from wireless providers. (1) A wireless provider may apply to receive a grant from the wireless 911 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 the first day of the third month beginning after the effective date of this section ….[revisor inserts date].
(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. 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 before or during the reimbursement period.
(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, 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 911 service. 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.
(4) An application under sub. (1) shall contain a description or explanation of the geographic area in the 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).
(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.
(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 the date specified in sub. (1), under s.
PSC 173.11(6)(b).
PSC 173.07 Grant applications from local governments. (1) A local government that operates a wireless public safety answering point, or local governments that jointly operate a wireless public safety answering point, may apply to receive a grant from the wireless 911 fund as reimbursement for costs that the applicant has directly and primarily incurred, or will directly and primarily incur, or both, for leasing, purchasing, operating, or maintaining the wireless public safety answering point. The local government shall submit an application to the commission no later than the first day of the third month beginning after the effective date of this section ….[revisor inserts date].
(2) An application under sub. (1) shall do all of the following:
(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 ss.
146.70(3m)(c)3. or
4., Stats.
(b) Demonstrate that the designated public safety answering point will serve the geographic area specified by ss.
146.70(3m)(c)5. and
6., Stats.
(c) Demonstrate that the designated public safety answering point has complied with the requirements set forth in
47 CFR 20.18(j).
(d) Contain an estimate of costs under sub. (3).
(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.
(3) The estimate of costs under sub. (2)(d):
(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:
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.
2. Training operators of a wireless public safety answering point.
3. Network costs for delivery of calls from a wireless provider to a wireless public safety answering point.
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.
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.
(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.
(c) May not include:
1. Costs related to any of the following:
a. Emergency service dispatch, including personnel, training, equipment, software, records management, radio communications, and mobile data network systems.
b. Vehicles and equipment in vehicles.
c. Communications equipment and software used to communicate with vehicles.
d. Real estate and improvements to real estate, other than improvements necessary to maintain the security of a wireless public safety answering point.
e. Salaries and benefits of operators of a wireless public safety answering point.
2. Any costs in sub. (3)(a) which the applicant has recovered in the form of a gift or grant for the purposes described in sub. (3)(a).
(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 173.08 Supplemental grants. (1) A county, or a local government in a county, that jointly operates a wireless public safety answering point with another county, or local government in another county, may apply for a supplemental grant under this section if it is applying for a grant under s.
PSC 173.07.
(2) (a) To receive a supplemental grant during all three years of the reimbursement period, a county, or a local government in a county, that jointly operates a wireless public safety answering point with another county, or local government in another county, shall submit its application to the commission with its application under s.
PSC 173.07, no later than the first day of the third month beginning after the effective date of this section
….[revisor inserts date].
(b) To receive a supplemental grant during the second and third year of the reimbursement period, a county, or a local government in a county, that jointly operates a wireless public safety answering point with another county, or local government in another county, 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.
(c) To receive a supplemental grant during the third year of the reimbursement period, a county, or a local government in a county, that jointly operates a wireless public safety answering point with another county, or local government in another county, 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.
(3) An application for a supplemental grant under this section is in addition to the application for grants that the local government may make under s.
PSC 173.07.
(4) An application for a supplemental grant under this section is not subject to the restrictions set forth in s.
PSC 173.07.
PSC 173.09 Review and approval of grant applications. (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 ss.
PSC 173.06 or
173.07 is submitted after the deadline, the commission shall take action under sub. (7).
(2) After the receipt of an application requesting a grant under this chapter, the commission shall issue a notice of investigation in accordance with s.
PSC 2.09 if it has not already done so.
(3) The commission shall approve an application if the commission determines all of the following:
(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.
(b) The costs estimated in the application are reasonable.
(c) The application complies with the requirements of this chapter.
(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. (6) are met.
(4) 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. related to 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, if the commission first determines that reimbursement of such costs is in the public interest and will promote public health and safety.
(5) 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. 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.
(6)(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:
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.
2. The local government's collection of land information conforms to the standards on which such plans are based.
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.
(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.
(7) If a wireless provider or local government submits an application after the deadline specified in ss.
PSC 173.06 and
PSC 173.07, respectively, the commission shall reduce the costs approved under sub. (3) by the following amounts:
(a) If the application is less than 1 week late, 5%.
(b) If the application is 1 week or more but less than 2 weeks late, 10%.
(c) If the application is 2 weeks or more but less than 4 weeks late, 25%.
(d) If the application is 4 weeks or more late, the wireless provider or local government is not eligible for a grant.
(8) If the commission does not approve an application under sub. (3), 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.
(9) 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 173.10 Wireless 911 surcharge. (1) Calculation. (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.
(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 applications approved under s.
PSC 173.09 and the reasonable administration costs under 173.11(2) by 36, and then dividing that result by the total number of telephone numbers served by wireless providers and reported under sub. (a).
(2) Collection. (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.
(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:
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.
2. For a customer with prepaid wireless telephone service, the wireless provider shall charge to that customer's 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.
(c) Each wireless provider shall pay the full amount of the surcharge collected to the commission within 20 days of the end of the month in which the surcharge was collected for deposit in the wireless 911 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.
(d) In the event that a customer tenders a partial payment of the monthly bill for wireless telecommunications service or other wireless service agreement, the serving wireless provider shall credit and remit to the commission the full amount of the wireless surcharge billed and due, irrespective of any contrary written directions from the customer, before applying the partial payment to any other outstanding charge for wireless telecommunications service.
PSC 173.11 Fund administration. (1) Designation. The commission may designate a fund administrator.
(2) Administrative costs. The commission may recover from the wireless 911 fund its reasonable costs related to the administration of the fund.
(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 wireless 911 fund. All amounts deposited in the fund, including moneys earned as interest, shall remain in the fund until disbursed as provided in this chapter.
(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:
(a) A sworn paid invoice to document the actual cost of any approved purchase from a vendor or supplier.
(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.
(c) Appropriate documentation to verify that local governments have complied with the requirements under
47 CFR 20.18(j).
(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.
(5) Disbursements. (a) The commission shall make quarterly payments to wireless providers and local governments that have approved applications for grants under this chapter.
(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).
(c)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.
2.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.
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).
(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.
(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).
(f) In the event that the wireless 911 fund has an insufficient balance to make all scheduled payments, the commission may adjust or reschedule payments to ensure the solvency of the fund.
(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).
(6) Second year and third year review. (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.
(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.
(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.
(d) A county, or a local government in a county, that jointly operates a wireless public safety answering point with another county, or local government in another county, may apply for a supplemental grant under s.
PSC 173.08 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.
(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.
(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 wireless 911 fund.
(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 173.12 Confidentiality of information. (1) 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.
SECTION 2. EFFECTIVE DATES.
(1) This rule, except s.
PSC 173.10, shall take effect on the first day of the second month following publication in the Wisconsin administrative register.
(2) Section
PSC 173.10 shall take effect on the first day of the eleventh month following publication in the Wisconsin administrative register.
Fiscal Estimate
The commission anticipates that this rule will create additional costs in the form of new workload. It is possible for the commission to absorb those costs within the commission budget, including the wireless 911 fund. Counties electing to participate in the wireless 911 project may incur additional costs that may not be reimbursed entirely by the wireless 911 fund. A completed Fiscal Estimate form is attached.
Initial Regulatory Flexibility Analysis
These 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. The agency has considered the methods in s.
227.114(2), Stats., for reducing the impact of the rules on small telecommunications utilities and finds that incorporating any of these methods into the rules would be contrary to the statutory objectives which are the basis for the rules. The agency finds that access from wireless telephones to emergency police, fire and medical services by means of the 911 emergency number is in the public interest, and that access to 911 services from wireless telephones should be uniformly deployed throughout the state to the maximum extent possible. Further, portions of the rule are permissive. They will only apply to a telecommunications utility if it chooses to have them do so.
Contact Information
The Commission does not discriminate on the basis of disability in the provision of programs, services, or employment. Any person with a disability who needs accommodations to participate in this proceeding or who needs to obtain this document in a different format should contact the docket coordinator listed below.
Questions regarding this matter may be directed to docket coordinator Dennis Klaila at (608) 267-9780.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
85.16 (1) and
348.07 (4), Stats., interpreting s.
348.07 (4), Stats., the Department of Transportation will hold a public hearing at the following location to consider the amendment of ch.
Trans 276, Wis. Adm. Code, relating to allowing the operation of double bottoms and certain other vehicles on certain specified highways:
April 30, 2004
Wisconsin State Patrol District 7
W7102 Green Valley Road
Spooner, WI
12:00 PM
(Parking is available for persons with disabilities)
The public record on this proposed rule making will be held open until close of business on the date of the hearing to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such written comments should be submitted to Ashwani K. Sharma, Traffic Operations Engineer, Bureau of Highway Operations, Room 501, P. O. Box 7986, Madison, Wisconsin, 53707-7986.
Analysis Prepared by the Wisconsin Department of Transportation
General Summary of Proposed Rule. In the Surface Transportation Assistance Act of 1982 (STAA), the federal government acted under the Commerce clause of the United States Constitution to provide uniform standards on vehicle length applicable in all states. The length provisions of STAA apply to truck tractor-semitrailer combinations and to truck tractor-semitrailer-trailer combinations. (See Jan. 6, 1983, Public Law 97-424, § 411) The uniform standards provide that:
•No state shall impose a limit of less than 48 feet on a semitrailer operating in a truck tractor-semitrailer combination.
•No state shall impose a length limit of less than 28 feet on any semitrailer or trailer operating in a truck tractor-semitrailer-trailer combination.
•No state may limit the length of truck tractors.
•No state shall impose an overall length limitation on commercial vehicles operating in truck tractor-semitrailer or truck tractor-semitrailer-trailer combinations.
•No state shall prohibit operation of truck tractor-semitrailer-trailer combinations.
The vehicles authorized by the STAA may operate on the national system of interstate and defense highways and on those federal aid primary highways designated by regulation of the secretary of the United States Department of Transportation. In 1984 the USDOT adopted
23 CFR Part 658 which in Appendix A lists the highways in each state upon which STAA authorized vehicles may operate. Collectively these highways are known as the National Network. In
1983 Wisconsin Act 78, the legislature enacted s.
348.07 (4), Stats., which directs the Wisconsin Department of Transportation to adopt a rule designating the highways in Wisconsin on which STAA authorized vehicles may be operated consistent with federal regulations.
The Department of Transportation first adopted ch.
Trans 276 of the Wisconsin Administrative Code in December of 1984. The rule is consistent with
23 CFR Part 658 in that the Wisconsin rule designates all of the highways in Wisconsin that are listed in
23 CFR Part 658 as part of the National Network for STAA authorized vehicles. The federal regulation does not prohibit states from allowing operation of STAA authorized vehicles on additional state highways. The rule making authority granted to the Wisconsin Department of Transportation in §
348.07(4), Stats., allows the DOT to add routes in Wisconsin consistent with public safety. The rule making process also provides a mechanism to review requests from businesses and shipping firms for access to the designated highway system for points of origin and delivery beyond 5 miles from a designated route. A process to review and respond to requests for reasonable access is required by
23 CFR Part 658.
This proposed rule amends Trans 276.07(15), Wisconsin Administrative Code, to add two segments of highway to the designated highway system established under s.
348.07(4), Stats. The actual highway segments that this proposed rule adds to the designated highway system are:
Hwy. From To
STH 70 Spooner STH 40 at Radisson
STH 70 STH 27 at Ojibwa STH 13 at Fifield
The long trucks to which this proposed rule applies are those with 53-foot semitrailers, double bottoms and the vehicles which may legally operate on the federal National Network, but which exceed Wisconsin's regular limits on overall length. Generally, no person may operate any of the following vehicles on Wisconsin's highways without a permit: A single vehicle with an overall length in excess of 40 feet, a combination of vehicles with an overall length in excess of 65 feet, a semitrailer longer than 48 feet, an automobile haulaway longer than 66 feet plus allowed overhangs, or a double bottom. Certain exceptions are provided under s.
348.07 (2), Stats., which implements provisions of the federal Surface Transportation Assistance Act in Wisconsin.
The effect of this proposed rule will be to extend the provisions of s.
348.07 (2) (f),
(fm),
(gm) and
(gr), and s.
348.08 (1) (e), Stats., to the highway segments listed above. As a result, vehicles which may legally operate on the federal National Network in Wisconsin will also be allowed to operate on the newly-designated highways. Specifically, this means there will be no overall length limitation for a tractor-semitrailer combination, a double bottom or an automobile haulaway on the affected highway segments. There also will be no length limitation for a truck tractor or road tractor when operated in a tractor-semitrailer combination or as part of a double bottom or an automobile haulaway. Double bottoms will be allowed to operate on the affected highway segments provided neither trailer is longer than 28 feet, 6 inches. Semitrailers up to 53 feet long may also be operated on these highway segments provided the kingpin to rear axle distance does not exceed 43 feet. This distance is measured from the kingpin to the center of the rear axle or, if the semitrailer has a tandem axle, to a point midway between the first and last axles of the tandem. Otherwise, semitrailers, including semitrailers which are part of an automobile haulaway, are limited to 48 feet in length.
These vehicles and combinations are also allowed to operate on undesignated highways for a distance of 5 miles or less from the designated highway in order to reach fuel, food, maintenance, repair, rest, staging, terminal or vehicle assembly or points of loading or unloading.
Fiscal Impact
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands. The Department estimates that there will be no fiscal impact on state or private sector revenues or liabilities.
Initial Regulatory Flexibility Analysis. The provisions of this proposed rule adding highway segments to the designated system have no direct adverse effect on small businesses, and may have a favorable effect on those small businesses which are shippers or carriers using the newly-designated routes.
Copies of Rule and Contact Person.
Copies of this proposed rule are available without cost upon request to the office of the State Traffic Engineer, P. O. Box 7986, Room 501, Madison, Wisconsin, 53707-7986, telephone (608) 266-1273. For questions about this rule making, please call Ashwani Sharma, Traffic Operations Engineer at (608) 266-1273. Alternate formats of the proposed rule will be provided to individuals at their request.
1 The proposed rule text often achieves these objectives by consolidating individual segments into contiguous segments with new end points. In order to determine the actual highway segment added, it is necessary to compare the combined old designations with the combined new designation.
2 45-foot buses are allowed on the National Network and Interstate system by Federal law. Section 4006(b) of the Intermodal Surface Transportation Efficiency Act of 1991.
