Scope Statements
Commerce
Fee Schedule, Ch.
Comm 2
Licenses, Certifications and Registrations, Ch.
Comm 5
Subject
Revises Chapters
Comm 2 and
5, relating to fees.
Objective of the Rule
The objective of the rule is to update the provisions of the Department's administrative rules relating to the fees charged by the Safety and Buildings Division for its services. The update is intended to provide a sufficient revenue stream to cover the operational costs of the division for four years. The objectives of this rule project may be incorporated into more than one rule package and may include revisions to other chapters affected by the proposal.
Policy Analysis
Section
101.19, Stats., requires the Department to fix and collect fees by rule which shall, as closely a possible, equal the cost of providing services such as plan examination, inspections, and permits to operate. The fees for these services provided by the Safety and Buildings Division are contained in chapter Comm 2. The fees involved in the issuance of licenses, certifications and registrations are contained in chapter Comm 5. The current fees were last revised in 2008. The alternative of not updating the fees would result in revenues that would not be sufficient to support continuation of existing division operations.
Statutory Authority
Comparison with Federal Regulations
An Internet-based search in the Code of Federal Regulations and the Federal Register did not identify any existing or proposed federal regulations that address these topics.
Entities Affected by the Rule
The rule will potentially affect a wide variety of individuals and entities that utilize the Safety and Building Division's services. The Division is involved in the oversight of commercial buildings, new one- and 2- family dwellings, blasting, amusement rides, fireworks manufacturers, boilers, electric wiring, plumbing, public swimming pools, private onsite wastewater treatment systems, passenger ropeways, elevators, escalators, mines, pits and quarries. The people affected by the rule would include building owners, designers and contractors and owners of the various mechanical devices. Under chapter Comm 5 the division issues licenses, certifications and registrations to approximately 70 different types of trade practices typically related to building construction. For example, the Division issues credentials to blasters, electricians, elevator mechanics, plumbers, automatic fire sprinkler installers and inspectors.
Estimate of Time Needed to Develop the Rule
The department estimates approximately 300 hours will be needed to perform the review and develop any needed rule changes. This time includes drafting the rule changes and processing the changes through public hearings, legislative review, and adoption. The department will assign existing staff to perform the review and develop the rule changes, and no other resources will be needed.
Public Service Commission
(PSC # 1-AC-236)
Subject
Revises Chapter
PSC 160, relating to the review of Universal Service Fund rules.
Objective of the Rule
The objective of this rulemaking is to revise the existing chapter PSC 160, Universal Service Support Funding and Programs. These rules were originally created in 1996, and then revised in 2000. Minor changes are also made to chs.
PSC 161,
165, and
171. In the proposed rule, the commission revises existing Universal Service programs that provide access to telecommunications service to all Wisconsin customers regardless of geographic location, income or disability, and to assist in the deployment of advanced services in all areas of the state. In this same chapter are revisions to the mechanism for funding those programs and for administering the Universal Service Fund (USF).
Any changes made as a result of this rulemaking would be intended to continue and enhance support for the general purposes stated in the statutes.
A prior USF rulemaking was withdrawn by act of law on December 31, 2010. There were issues that were contentious and time for promulgation ran out. This rulemaking is primarily intended to promulgate those portions of the previously proposed rule that are less contentious, such as program-specific updates.
While the rulemaking will primarily affect the administrative rule shown above, it may also require amendments in other rule chapters to, for example, maintain consistency among rules.
Policy Analysis
Universal service definitions, the administration of the USF (assessments, an administrator, and a Universal Service Fund Council), and universal service programs intended to address needs including those of low-income customers, customers in high-cost areas, and customers with disabilities, are specified in ch.
PSC 160.
As recognized in the initial USF legislation, universal service is a dynamic issue. The commission will consider changes to the rules to reflect changing circumstances that may be identified throughout the rulemaking process. While all the specifics will not be known until the review of the existing rules is underway, this rulemaking will look at modifications, additions, and improvements to the rules to make administration more efficient and to make program operations more effective given experience to date.
A prior USF rulemaking was withdrawn by act of law on December 31, 2010. There were issues that were contentious and time for promulgation ran out. This rulemaking is primarily intended to promulgate those portions of the previously proposed rule that are less contentious, such as program specific updates. Changes to be considered in this new rulemaking will not address matters related to deployment of data service capabilities (data transmission speed) or substantive modifications related to FCC guidelines on Eligible Telecommunications Carrier qualifications and filing requirements. These were the most contentious of the issues in the earlier, now closed rulemaking. The primary changes to be addressed in this new rulemaking are aimed at administrative efficiencies and improvements of programmatic operations.
Statutory Authority
Estimate of Time Needed to Develop the Rule
The commission estimates that approximately 300 hours of commission staff time will be required in this rulemaking. The commission will work with the Universal Service Fund Council as the proposed rule is developed.
Entities Affected by the Rule
All telecommunications providers may be affected by changes to this rule.
Comparison with Federal Regulations
There is both a state USF and a federal USF. The state and federal funds and programs are complementary rather than duplicative.
“Eligible Telecommunications Carriers" (ETCs) are designated by the commission and are, thereafter, eligible for funding from the federal USF and for certain funding from the state USF. ETC status was created by the FCC, and codified in 47 U.S.C. § 214 (e) (2). Under FCC rules, state commissions are responsible for designating eligible providers as ETCs1.
Designation as an ETC is required if a provider is to receive federal USF funding. ETC designation is also required to receive funding from some, but not all, state universal service programs. The FCC established a set of minimum criteria that all ETCs must meet. These are codified in the federal rules
2. The 1996 Telecommunications Act states that, “A State may adopt regulations not inconsistent with the Commission's rules to preserve and advance universal service."
3 A court upheld the states' right to impose additional conditions on ETCs in
Texas Office of Public Utility Counsel v. FCC,
183 F.3d 393, 418 (5
th Cir. 1999). Therefore, while states must examine the federal requirements, they are allowed to create additional requirements. Wisconsin has done so.
The federal USF provides funding to ETCs that are found to serve high-cost areas. That funding is to be used to help cover the costs of expanding infrastructure into those areas. Doing so should help ensure that rates in those areas stay lower since rates need not provide the funds for that expansion. The Wisconsin USF provides reimbursement to providers that offer credits to customers when rates are higher than as designated in s.
PSC 160.09.
The federal USF also includes Lifeline and Link-Up programs to assist low-income customers. The Wisconsin Lifeline and Link-Up programs are structured to complement the federal program and to take advantage of the available federal Lifeline and Link-Up funds.
The federal USF assessment applies to all carriers, including wireless carriers, and is assessed based on interstate revenues. The state USF assessment applies to all providers, including wireless providers, and is assessed based on intrastate revenues. Wisconsin exempts certain providers from assessment, such as those with under $200,000 in intrastate revenues.
There are parts of the federal USF (e.g., the E-Rate program for schools) that do not have a counterpart in the state USF rules. Likewise, some of the state USF rules (e.g., the program to assist persons with disabilities – s.
PSC 160.071) address matters not included in the federal USF law or rules.
3 47 U.S.C. § 254(f).
Regulation and Licensing —
Pharmacy Examining Board
Subject
Revises section
Phar 7.055, relating to the transfer of individual prescription orders from one pharmacy to another.
Objective of the Rule
To allow pharmacists licensed in Wisconsin to delegate the function of transferring prescriptions to pharmacy interns to the extent permissible under federal law.
Policy Analysis
The administrative rules in Wisconsin regarding the transfer of prescription orders from one pharmacy to another currently specify that all such transfers must be communicated between two licensed pharmacists only. However, the federal law applies that requirement to the transfer of prescriptions for controlled substances only. The proposed amendment to Wis. Admin. Code §
7.055, would repeal application of the pharmacist-to-pharmacist only prescription transfer requirement for prescription drugs that are not scheduled controlled substances.
Statutory Authority
Comparison with Federal Regulations
