196.196(2)(b)3.
3. After eliminating intrastate carrier common line charges, the telecommunications utility may not reinstate an intrastate carrier common line charge or a substitute charge.
196.196(2)(c)
(c) A price-regulated telecommunications utility with 150,000 or less access lines in use in this state shall adjust its intrastate access service rates in equal annual increments so that, within 2 years after its election to become price regulated, its intrastate access service rates and rate elements do not exceed the lower of its intrastate access service rates and rate elements in effect as of the date of its election to become price regulated or its interstate rates for similar access services, including carrier common line. After the 2-year period, intrastate access service rates may not exceed the utility's interstate access service rates. Beginning on the 3rd anniversary of the utility's election to become price regulated, the utility's intrastate carrier common line charge may not exceed 83.33% of its existing interstate carrier common line charge. Beginning on the 4th anniversary of the utility's election, the utility's intrastate carrier common line charge may not exceed 66.67% of its existing interstate carrier common line charge. Beginning on the 5th anniversary of the utility's election, the utility's intrastate carrier common line charge may not exceed 50% of its existing interstate carrier common line charge.
196.196(2)(d)
(d) This subsection does not limit any surcharges to access service rates, including to the carrier common line charge or to substitute rate elements, as a means of collecting access customers' share of charges that may be ordered by the commission under
s. 196.218.
196.196(2)(e)
(e) A telecommunications utility shall give a customer written notice of any rate increase under this subsection before the customer is billed at the increased rate.
196.196(3)
(3) Price regulation of other services. 196.196(3)(a)(a) Except to the extent expressly permitted by this section and
ss. 196.19 (1m),
196.194,
196.195,
196.20 (1m),
196.204,
196.209 and
196.219, the commission may not have jurisdiction over the prices or terms and conditions for the offering of any other services, including new telecommunications services, offered by a price-regulated telecommunications utility.
196.196(3)(b)
(b) A price-regulated telecommunications utility shall file tariffs with the commission for the provision of any telecommunications service, whether or not the service is otherwise subject to this chapter. Except as provided in
s. 196.20 (2) (am), changes in the terms and conditions of tariffed services under
par. (a) shall be effective one day after filing with the commission, unless the tariff specifies a later effective date.
196.196(3)(c)
(c) A telecommunications utility shall give a customer written notice of any rate increase under this subsection before the customer is billed at the increased rate.
196.196(4)
(4) Price regulation for small telecommunications utilities. 196.196(4)(a)(a) A telecommunications utility with 150,000 or less access lines in use in this state may elect to become a price-regulated telecommunications utility and may elect to have its earnings considered in any review under
sub. (1) (e).
196.196(4)(b)
(b) A telecommunications utility with 150,000 or less access lines in use in this state may file a company-specific price regulation and investment plan subject to commission approval.
196.196(4)(c)
(c) A telecommunications utility with 150,000 or less access lines in use in this state that has elected price regulation may rescind election of price regulation and return to rate-of-return regulation, subject to the approval of the commission, if rescission is in the public interest considering the factors under
s. 196.03 (6).
196.196(4)(d)
(d) All of the following apply to a telecommunications utility that elects to return to rate-of-return regulation under
par. (c):
196.196(4)(d)1.
1. It may not elect to be subject to price regulation for a period of 3 years after returning to rate-of-return regulation.
196.196(4)(d)2.
2. It may be subject to a full rate case proceeding before the commission.
196.196(5)(a)(a) Within 60 days after a telecommunications utility elects to become price regulated under
sub. (1), the telecommunications utility shall file with the commission a plan outlining the telecommunications utility's commitment to invest in telecommunications infrastructure improvements in this state over a period of not less than 6 years.
196.196(5)(b)
(b) An investment plan filed with the commission shall include all of the following:
196.196(5)(b)1.
1. A description of the level of planned investment in technological or infrastructure enhancement.
196.196(5)(b)2.
2. A description of the extent to which planned investment will make new telecommunications technology available to customers or expand the availability of current technology.
196.196(5)(b)3.
3. A description of the planned deployment of fiber-optic facilities or broad-band capabilities to schools, libraries, technical colleges, hospitals and colleges and universities in this state.
196.196(5)(b)4.
4. Target dates for the deployment of the planned technology and infrastructure improvements.
196.196(5)(b)5.
5. For a telecommunications utility with more than 500,000 access lines in use in this state at the time of electing to become price regulated, a level of planned investment in an amount of not less than $700,000,000 within the first 5 years of the plan.
196.196(5)(b)6.
6. The level of planned contributions to the Wisconsin advanced telecommunications foundation established under
s. 14.28.
196.196(5)(c)1.1. A telecommunications utility shall provide the commission, within one year after its election to become price regulated under
sub. (1) and annually thereafter, a progress report relating to the telecommunications utility's investment in and deployment of infrastructure enhancements. A progress report shall include data relative to the telecommunications utility's operating and financial performance during the relevant period.
196.196(5)(c)2.
2. The commission shall consider the telecommunications utility's progress in meeting its investment plan infrastructure commitments when making penalty or incentive adjustments under
sub. (1) (c).
196.196(5)(d)1.1. Within 120 days after a telecommunications utility elects to become price regulated under
sub. (1), the commission, after notice and opportunity for hearing, may rescind the election if the telecommunications utility fails to file an investment plan within the time specified in
par. (a) or if the investment plan does not comply with
par. (b). If a hearing is held, the time within which the commission may act may be extended an additional 30 days.
196.196(5)(d)2.
2. If the commission orders a recision, the commission shall reinstate the level of regulation in effect at the time that the election was made and the telecommunications utility shall rescind any rate increases put into effect when the telecommunications utility operated as a price-regulated utility.
196.196(5)(e)
(e) Within 120 days after the completion of the first year and of the 2nd year that a telecommunications utility is price-regulated, the commission may reduce rates charged by the price-regulated telecommunications utility for services subject to price regulation by up to 2%. If a hearing is held, the time within which the commission may act may be extended an additional 30 days. The commission may reduce rates under this paragraph if, after notice and opportunity for hearing, the commission finds any of the following:
196.196(5)(e)1.
1. That the telecommunications utility did not file a progress report within the time specified in
par. (c) 1.
196.196(5)(e)2.
2. That the progress report filed by the telecommunications utility does not contain sufficient information to permit the commission to adequately monitor the telecommunications utility's investment and deployment of infrastructure described in its investment plan.
196.196(5)(e)3.
3. That the actual or planned investment described in the progress report does not adequately provide for deployment of advanced infrastructure technologies, fails to exceed routine facility upgrades necessary to maintain service quality or fails to meet goals identified in the investment plan.
196.196(5)(f)1.1. Before January 1, 1996, and biennially thereafter, the commission shall submit a report to the joint committee on information policy describing the status of investments in advanced telecommunications infrastructure in this state. The report shall include information on the progress made in all of the following areas:
196.196(5)(f)1.a.
a. Distance learning, including the number of schools and other educational institutions connected to distance learning networks.
196.196(5)(f)1.b.
b. Interconnection of libraries, including the number of libraries with video conferencing and network access capabilities.
196.196(5)(f)1.d.
d. Education, health care and employment opportunities for the disabled and other persons in the home.
196.196(5)(f)2.
2. The commission shall include in the report under
subd. 1. recommendations for improving the progress of investments in advanced telecommunications infrastructure.
196.196 History
History: 1993 a. 496.
196.198
196.198
Local measured telecommunications service. 196.198(1)(1) In this section, "extended community telephone service" means a telecommunications service by which a customer in one exchange may call a customer in another exchange or combination of exchanges under a discounted toll charge plan.
196.198(2)(a)(a) Except as provided in
sub. (3), a telecommunications utility that has more than 150,000 access lines in use in this state or a telecommunications provider that has more than 150,000 access lines in use in this state may not charge a residential customer for basic local exchange service based on the duration of a call or on the time of day that a call is made. This paragraph does not apply to an extended community telephone service.
196.198(2)(b)
(b) Paragraph (a) does not prohibit a price-regulated telecommunications utility from offering discounts based on the time of day that a call is made if the price-regulated telecommunications utility also offers basic local exchange service at a rate permitted under
s. 196.196 (1).
196.198(3)
(3) The commission may suspend the application of
sub. (2) (a) in a particular geographical area for a telecommunications utility or a telecommunications provider if, after a contested case hearing, the commission determines that all of the following apply:
196.198(3)(a)
(a) Failure to suspend the application of
sub. (2) (a) makes competition in that geographical area impractical.
196.198(3)(b)
(b) Suspending the application of
sub. (2) (a) is beneficial to all of the following groups:
196.198 History
History: 1993 a. 496.
196.199
196.199
Interconnection agreements. 196.199(1)
(1)
Definition. In this section, "interconnection agreement" does not include an interconnection agreement to which a commercial mobile radio service provider is a party.
196.199(2)(a)(a) The commission has jurisdiction to approve and enforce interconnection agreements and may do all things necessary and convenient to its jurisdiction.
196.199(2)(b)
(b) The commission may promulgate rules that require an interconnection agreement to include alternate dispute resolution provisions.
196.199(2)(c)
(c) The commission shall promulgate rules that specify the requirements for determining under
sub. (3) (a) 1m. a. whether a party's alleged failure to comply with an interconnection agreement has a significant adverse effect on the ability of another party to the agreement to provide telecommunications service to its customers or potential customers.
196.199(3)(a)1.1. Upon the filing of any of the following, the commission may investigate whether a party to an interconnection agreement approved by the commission has failed to comply with the agreement:
196.199(3)(a)1.a.
a. A complaint by a party to the agreement that another party to the agreement has failed to comply with the agreement and that the failure to comply with the agreement has a significant adverse effect on the ability of the complaining party to provide telecommunications service to its customers or potential customers.
196.199(3)(a)1.b.
b. A complaint filed under any provision of this chapter by any person that the commission determines may involve a failure to comply with the agreement by a party to the agreement.
196.199(3)(a)1g.
1g. The commission may investigate whether a party to an interconnection agreement approved by the commission has complied with the agreement upon the filing of a petition by the party for a determination of whether the party has complied with the agreement if the petition demonstrates that a controversy has arisen over the party's compliance with the agreement. If the commission initiates an investigation under this subdivision, the commission may determine that a party to an interconnection agreement has failed to comply with the agreement only if a complaint is filed under
subd. 1. a. in which the complaining party alleges that the party's failure to comply with the agreement has a significant adverse affect on the complaining party's ability to provide telecommunications service to its customers or potential customers.
196.199(3)(a)1m.a.a. Within 5 business days after the filing of a complaint under
subd. 1. a. or the receipt of notice under
par. (b) 1. b., the party who is the subject of a complaint or the party who is identified in a notice under
par. (b) 1. b. as a party who has allegedly failed to comply with an agreement may request that the commission determine whether the alleged failure to comply has a significant adverse effect on the ability of the complaining party or any other party to the agreement to provide telecommunications service to its customers or potential customers. If a request is made under this
subd. 1m. a., the commission shall make a determination within 30 business days after receipt of the request.
196.199(3)(a)1m.b.
b. If the commission determines under
subd. 1m. a. that an alleged failure to comply has not had a significant adverse effect on the ability of a complaining party or any other party to an agreement to provide telecommunications service to its customers or potential customers, the commission shall terminate a proceeding on the complaint under this subsection and proceed on the complaint under
s. 196.26.
196.199(3)(a)2.
2. If the commission does not terminate a proceeding under
subd. 1m. b., the commission may, after an investigation under
subd. 1. or
1g. and after notice and hearing, do one of the following:
196.199(3)(a)2.a.
a. Issue an order under this
subd. 2. a. that includes a finding of a failure to comply with an interconnection agreement and that requires compliance with the agreement.
196.199(3)(a)2.b.
b. Issue an order that interprets any provision of an interconnection agreement.
196.199(3)(a)2.c.
c. If the commission determines that a party specified in
subd. 1g. has complied with an agreement, issue an order requiring any other action that the commission determines is necessary to resolve a controversy specified in
subd. 1g.
196.199(3)(a)2n.
2n. The commission may not issue an order under
subd. 2. more than 120 days after the filing of a complaint or petition under
subd. 1. or
1g., unless all of the parties to the proceeding consent to a longer time period that is approved by the commission. An order issued under
subd. 2. may be reviewed under
s. 227.52.
196.199(3)(b)1.1. Before initiating an investigation of a complaint specified in
par. (a) 1. b., the commission shall notify the parties to the agreement about the complaint. Within 5 business days after the parties receive notice under this subdivision, or within a shorter period of time specified by the commission in the notice, the commission shall do one of the following:
196.199(3)(b)1.a.
a. If the alleged failure to comply is resolved to the satisfaction of the commission, the commission shall dismiss the complaint with respect to any issues that involve an alleged failure to comply.
196.199(3)(b)1.b.
b. If the alleged failure to comply is not resolved to the satisfaction of the commission, the commission shall provide a notice to the parties that identifies the party who has allegedly failed to comply with the agreement.
196.199(3)(b)2.
2. No party to an interconnection agreement may file a complaint under
par. (a) 1. a. or a petition under
par. (a) 1g. unless the party has first notified the other parties to the agreement and provided an opportunity to resolve the alleged failure to comply or controversy over compliance to the satisfaction of the complaining or petitioning party within 5 business days, or a shorter period of time approved by the commission, after receipt of the notice. The commission shall promulgate rules establishing standards and procedures for approving a period of time shorter than 5 business days.
196.199(3)(c)
(c) No person may make any filing in a proceeding under this subsection unless there is a nonfrivolous basis for doing so. A person may not make any filing in a proceeding under this subsection unless, to the best of the person's knowledge, information and belief, formed after a reasonable inquiry, all of the following conditions are satisfied:
196.199(3)(c)2.
2. The allegations and other factual contentions in the filing have evidentiary support or, if specifically so identified in the filing, are likely to have evidentiary support after reasonable opportunity for further investigation or discovery.
196.199(3)(c)3.
3. The filing is not intended to harass a party to an interconnection agreement.
196.199(3)(c)4.
4. The filing is not intended to cause unnecessary delay in implementing an interconnection agreement or create a needless increase in the cost of litigation.
196.199(3)(d)
(d) If, at any time during a proceeding under this subsection, the commission determines, after notice and reasonable opportunity to be heard, that a person has made a filing in violation of
par. (c), the commission shall order the person to pay to any party to the proceeding the amount of reasonable expenses incurred by that party because of the filing, including reasonable attorney fees, and the commission may directly assess a forfeiture against the person of not less than $25 nor more than $5,000. A person against whom the commission assesses a forfeiture under this paragraph shall pay the forfeiture to the commission within 10 days after receipt of notice of the assessment or, if the person petitions for judicial review under
ch. 227, within 10 days after receipt of the final decision after exhaustion of judicial review. The commission shall remit all forfeitures paid under this paragraph to the state treasurer for deposit in the school fund. The attorney general may bring an action in the name of the state to collect any forfeiture assessed by the commission under this paragraph that has not been paid as provided in this paragraph. The only contestable issue in such an action is whether or not the forfeiture has been paid.
196.199(3)(e)
(e) At any time during a proceeding under this subsection, the commission may, without holding a hearing, order a party to the interconnection agreement to take an action or refrain from taking an action that is related to complying with the agreement upon a showing by any other party to the proceeding of all of the following:
