196.218(5)(c)4.
4. Telecommunications plans and requirements established by the federal rural electrification administration.
196.218(5)(c)5.
5. The extent to which the fund preserves and promotes an available and affordable basic set of essential telecommunications services, encourages access to the advanced service capabilities of a modern telecommunications infrastructure throughout the state and promotes economic development.
196.218(5)(d)2.
2. The commission shall annually provide information booklets to all Wisconsin works agencies that describe the current assistance from the universal service fund that is available to low-income individuals who are served by the Wisconsin works agencies, including a description of how such individuals may obtain such assistance. The department of workforce development shall assist the commission in identifying the Wisconsin works agencies to which the commission is required to submit the information required under this subdivision.
196.218(5m)
(5m) Rule review. At least biennially, the commission shall review and revise as appropriate rules promulgated under this section.
196.218(5r)(a)(a) Annually, the commission shall submit a universal service fund report to the joint committee on information policy and technology. The report shall include information about all of the following:
196.218(5r)(a)1.
1. The affordability of and accessibility to a basic set of essential telecommunications services and of advanced service capabilities throughout this state.
196.218(5r)(a)2.
2. The affordability of and accessability to high-quality education, library and health care information services.
196.218(5r)(a)3.
3. Financial assistance provided under the universal service fund.
196.218(5r)(a)4.
4. An assessment of how successful investments identified in
s. 196.196 (5) (f), assistance provided by the universal service fund or the Wisconsin advanced telecommunications foundation and price regulation and other alternative incentive regulations of telecommunications utilities designed to promote competition have been in advancing the public interest goals identified under
s. 196.03 (6), and recommendations for further advancing those goals.
196.218(5r)(b)
(b) The commission shall prepare a report to determine if public access broadcast channels may receive funding from the universal service fund as an advanced telecommunications service or other service and the effect of federal law on public access broadcast channel funding eligibility. The results of the report shall be included in the 2nd annual report submitted by the commission under
par. (a).
196.218(5u)
(5u) Biennial budget request. The commission shall include in its biennial budget request under
s. 16.42 a proposed budget for each individual program for which the commission proposes to expend moneys from the universal fund in the forthcoming biennium. A proposed budget under this subsection shall describe each program and identify the proposed expenditure amount for each program for each fiscal year of the biennium.
196.218(6)(a)(a) The commission shall appoint a universal service fund council under
s. 15.04 (1) (c) consisting of representatives of telecommunications providers and consumers of telecommunications services, including this state. The majority of the members of the council shall be representatives of consumers of telecommunications services.
196.218(6)(b)
(b) The universal service fund council shall advise the commission concerning the administration of this section and the content of rules promulgated under this section.
196.218(7)
(7) Education. The commission may require a telecommunications provider to undertake reasonable public notification and education efforts to inform eligible customers of the availability and requirements of universal and basic service programs, including any offerings of lifeline or other supported services established under state or federal law.
196.218(8)(a)(a) Any person who fails or refuses to pay the contribution required under
sub. (3) may be required to forfeit not less than $100 nor more than $10,000. Each day of continued violation constitutes a separate offense.
196.218(8)(b)
(b) A court imposing a forfeiture under
par. (a) shall consider all of the following in determining the amount of the forfeiture:
196.218(8)(b)1.
1. The appropriateness of the forfeiture to the volume of business of the person.
196.218(8)(b)3.
3. Any good faith attempt to achieve compliance after the person or an officer, agent or employee of the person receives notice of the violation.
196.218(8)(b)4.
4. The financial gain sought by the person by not paying the contribution required under
sub. (3).
196.218(9)
(9) Emergency telephone service study. The commission shall conduct a study to determine if emergency telephone services should be supported by the universal service fund. The commission shall report its findings and recommendations, including any recommendations for statutory changes no later than January 1, 1997, to the joint committee on information policy and technology.
196.218 Annotation
The provision, under sub. (4r), of subsidized links to all schools public and private, including religious schools, on a neutral basis does not violate the establishment clause of the 1st amendment of the United States constitution. Unrestricted direct cash grants, under sub. (4r) (g), to religious organizations do violate the establishment clause. Freedom From Religion Foundation, Inc. v. Bugher, 55 F. Supp.2d (1999).
196.219
196.219
Protection of telecommunications consumers. 196.219(1)(a)
(a) "Consumer" means any person, including a telecommunications provider, that uses the services, products or facilities provided by a telecommunications utility or the local exchange services offered by a telecommunications provider that is not a telecommunications utility.
196.219(2)(a)(a) Notwithstanding any exemptions identified in this chapter except
s. 196.202, a telecommunications utility or provider shall provide protection to its consumers under this section unless exempted in whole or in part by rule or order of the commission under this section. The commission shall promulgate rules that identify the conditions under which provisions of this section may be suspended.
196.219(2)(b)
(b) On petition, the commission may grant an exemption from a requirement under this section upon a showing that the exemption is reasonable and not in conflict with the factors under
s. 196.03 (6).
196.219(2)(c)
(c) On petition, the commission may grant an exemption from a requirement under this section retroactively if the application of the requirement would be unjust and unreasonable considering the factors under
s. 196.03 (6) or other relevant factors.
196.219(2)(d)
(d) If the commission grants an exemption under this subsection, it may require the telecommunications utility or provider to comply with any condition necessary to protect the public interest.
196.219(2m)
(2m) Access services. A telecommunications utility or provider shall provide access services under tariff under the same rates, terms and conditions to all telecommunications providers, except that a provider is not obligated to provide to competitors access to dedicated access services provided to end user customers as part of an interexchange service.
196.219(3)
(3) Prohibited practices. A telecommunications utility with respect to its regulated services or any other telecommunications provider with respect to its offering of local exchange services may not do any of the following:
196.219(3)(a)
(a) Refuse to interconnect within a reasonable time with another person to the same extent that the federal communications commission requires the telecommunications utility or provider to interconnect. The public service commission may require additional interconnection based on a determination, following notice and opportunity for hearing, that additional interconnection is in the public interest and is consistent with the factors under
s. 196.03 (6).
196.219(3)(b)
(b) Upon request, fail to disclose in a timely and uniform manner information necessary for the design of equipment and services that will meet the specifications for interconnection.
196.219(3)(c)
(c) Impair the speed, quality or efficiency of services, products or facilities offered to a consumer under a tariff, contract or price list.
196.219(3)(d)
(d) Unreasonably refuse, restrict or delay access by any person to a telecommunications emergency service.
196.219(3)(e)
(e) Fail to provide a service, product or facility to a consumer other than a telecommunications provider in accord with the telecommunications utility's or provider's applicable tariffs, price lists or contracts and with the commission's rules and orders.
196.219(3)(em)
(em) Refuse to provide a service, product or facility, in accord with that telecommunications utility's or provider's applicable tariffs, price lists or contracts and with the commission's rules and orders, to another telecommunications provider.
196.219(3)(f)
(f) Refuse to provide basic local exchange service, business access line and usage service within a local calling area and access service on an unbundled basis to the same extent that the federal communications commission requires the telecommunications utility or provider to unbundle the same services provided under its jurisdiction. The public service commission may require additional unbundling of intrastate telecommunications services based on a determination, following notice and opportunity for hearing, that additional unbundling is required in the public interest and is consistent with the factors under
s. 196.03 (6). The public service commission may order unbundling by a small telecommunications utility.
196.219(3)(h)
(h) To the extent prohibited by the federal communications commission, or by the public service commission under rules promulgated consistent with the factors under
s. 196.03 (6), give preference or discriminate in the provision of services, products or facilities to an affiliate, or to the telecommunications utility's or provider's own or an affiliate's retail department that sells to consumers.
196.219(3)(j)
(j) Restrict resale or sharing of services, products or facilities, except for basic local exchange service other than extended community calling, unless the commission orders the restriction to be lifted. A telecommunications utility that has 150,000 or less access lines in use in this state may limit the use of extended community calling or business line and usage service within a local calling area as a substitute for access service, unless the commission orders the limitation to be lifted.
196.219(3)(L)
(L) Fail to provide, or to terminate, any telecommunications service as necessary to comply with the minimum standards of service established by the commission with respect to technical service quality, deposits, disconnection, billing and collection of amounts owed for services provided or to be provided.
196.219(3)(m)
(m) Provide telecommunications service to any person acting as a telecommunications utility, telecommunications provider, alternative telecommunications utility or telecommunications carrier if the commission has ordered the telecommunications utility or provider to discontinue service to that person.
196.219(4)(a)(a) On the commission's own motion or upon complaint filed by the consumer, the commission shall have jurisdiction to take administrative action or to commence civil actions against telecommunications utilities or providers to enforce this section.
196.219(4)(b)
(b) The commission may, at its discretion, institute in any court of competent jurisdiction a proceeding against a telecommunications utility or provider for injunctive relief to compel compliance with this section, to compel the accounting and refund of any moneys collected in violation of this section or for any other relief permitted under this chapter.
196.219(4d)
(4d) Unfair trade practice enforcement. Upon receipt of a notice issued under
s. 100.208, the commission may order a telecommunications provider to cease offering the telecommunications service that creates the unfair trade practice or method of competition.
196.219(4m)(a)(a) Upon a finding of a violation of this section by the commission, any person injured because of a violation of this section by a telecommunications utility or provider may commence a civil action to recover damages or to obtain injunctive relief.
196.219(4m)(b)
(b) Upon request of the commission, the attorney general may bring an action to require a telecommunications utility or provider to compensate any person for any pecuniary loss caused by the failure of the utility or provider to comply with this section.
196.219(5)
(5) Alternate dispute resolution. The commission shall establish by rule a procedure for alternative dispute resolution to be available for complaints filed against a telecommunications utility or provider.
196.219 History
History: 1993 a. 496;
1997 a. 218.
196.219 Annotation
Sub. (4) does not grant the public service commission the right to sue a utility for forfeitures on its own behalf and on behalf of individual citizens to enforce rights granted to them by other provisions of chapter 196. PSC v. Wisconsin Bell, Inc.
211 Wis. 2d 749,
566 N.W.2d 496 (Ct. App. 1997).
196.22
196.22
Discrimination forbidden. No public utility may charge, demand, collect or receive more or less compensation for any service performed by it within the state, or for any service in connection therewith, than is specified in the schedules for the service filed under
s. 196.19, including schedules of joint rates, as may at the time be in force, or demand, collect or receive any rate, toll or charge not specified in the schedule.
196.22 History
History: 1983 a. 53.
196.24
196.24
Agents of commission; powers. 196.24(1)
(1) For the purpose of making any investigation with regard to any public utility the commission may appoint, by an order in writing, an agent whose duties shall be prescribed in the order.
196.24(2)
(2) In the discharge of his or her duties, an agent appointed under
sub. (1) shall have any inquisitional power granted to the commission and the power of a court commissioner to take depositions under
s. 757.69 (3) (b).
196.24(3)
(3) The commission may conduct any number of investigations contemporaneously through different agents, and may delegate to any agent the authority to take testimony bearing upon any investigation or at any hearing. The decision of the commission shall comply with
s. 227.46 and shall be based upon its records and upon the evidence before it, except that, notwithstanding
s. 227.46 (4), a decision maker may hear a case or read or review the record of a case if the record includes a synopsis or summary of the testimony and other evidence presented at the hearing that is prepared by the commission staff. Parties shall have an opportunity to demonstrate to a decision maker that a synopsis or summary prepared under this subsection is not sufficiently complete or accurate to fairly reflect the relevant and material testimony or other evidence presented at a hearing.
196.25(1)(1) If a public utility receives from the commission any questionnaire, the public utility shall respond fully, specifically and correctly to each question. If a public utility is unable to answer any question, the public utility shall give a good and sufficient reason for its failure. Every answer by a public utility under this section shall be verified under oath by the president, secretary, superintendent or general manager of the public utility and returned to the commission at its office within the period fixed by the commission.
196.25(2)
(2) If required by the commission, a public utility shall deliver to the commission the original or a copy of any map, profile, contract or engineer's report and any other document, book, account, paper or record with a complete inventory of all its property, in such form as the commission directs.
196.25(3)
(3) If a telecommunications provider receives a questionnaire from the commission, the telecommunications provider shall respond specifically, correctly and fully to each question. If a telecommunications provider is unable to answer any question, the telecommunications provider shall give a good and sufficient reason for its failure. Answers shall be verified under oath by the president, secretary, superintendent or general manager of the telecommunications provider. A completed questionnaire shall be returned to the commission within the time period specified by the commission.
196.25 History
History: 1983 a. 53;
1993 a. 496.
196.26
196.26
Complaint by consumers; hearing; notice; order; costs. 196.26(1)(1)
Complaint. In this section, "complaint" means any of the following:
196.26(1)(a)
(a) A complaint filed with the commission that any rate, toll, charge or schedule, joint rate, regulation, measurement, act or practice relating to the provision of heat, light, water, power or telecommunications service, or to the provision of water or sewer service by a mobile home park operator or mobile home park contractor, is unreasonable, inadequate, unjustly discriminatory or cannot be obtained.
196.26(1)(c)
(c) A complaint by a party to an interconnection agreement, approved by the commission, that another party to the agreement has failed to comply with the agreement and that does not allege that the failure to comply has a significant adverse effect on the ability of the complaining party to provide telecommunications service to its customers or potential customers.
196.26(1m)
(1m) Investigation of complaint. If any mercantile, agricultural or manufacturing society, body politic, municipal organization or 25 persons file a complaint specified in
sub. (1) (a) against a public utility, or if the commission terminates a proceeding on a complaint under
s. 196.199 (3) (a) 1m. b., or if a person files a complaint specified in
sub. (1) (c), the commission, with or without notice, may investigate the complaint under this section as it considers necessary. If the mobile home park occupants of 25% of the total number of mobile homes in a mobile home park or the mobile home park occupants of 25 mobile homes in a mobile home park, whichever is less, files a complaint specified in
sub. (1) (a) against a mobile home park contractor or mobile home park operator, the commission, with or without notice, may investigate the complaint as it considers necessary. The commission may not issue an order based on an investigation under this subsection without a public hearing.
196.26(2)(a)(a) Prior to a hearing under this section, the commission shall notify the public utility, mobile home park contractor, mobile home park operator or party to an interconnection agreement complained of that a complaint has been made, and 10 days after the notice has been given the commission may proceed to set a time and place for a hearing and an investigation. This paragraph does not apply to a complaint specified in
sub. (1) (b).
196.26(2)(b)
(b) The commission shall give the complainant and either the public utility, mobile home park contractor, mobile home park operator or party to an interconnection agreement which is the subject of a complaint specified in
sub. (1) (a) or
(c) or, for a complaint specified in
sub. (1) (b), a party to an interconnection agreement who is identified in a notice under
s. 196.199 (3) (b) 1. b., 10 days' notice of the time and place of the hearing and the matter to be considered and determined at the hearing. The complainant and either the public utility, mobile home park contractor, mobile home park operator or party to the interconnection agreement may be heard. The commission may subpoena any witness at the request of the public utility, mobile home park contractor, mobile home park operator, party to the interconnection agreement or complainant.
196.26(2)(c)
(c) Notice under
pars. (a) and
(b) may be combined. The combined notice may not be less than 10 days prior to hearing.
196.26(3)
(3) Separate hearings. If a complaint is made under
sub. (1m) of more than one rate or charge, the commission may order separate hearings on each rate and charge, and may consider and determine the complaint on each rate and charge separately and at such times as the commission prescribes. The commission may not dismiss a complaint because of the absence of direct damage to the complainant.
196.26(4)(a)(a) This section does not apply to any rate, toll, charge or schedule of any telecommunications cooperative except as provided under
s. 196.205 or unless at least 5% of the customers of the telecommunications cooperative file a complaint with the commission that the rate, toll, charge or schedule is in any respect unreasonable, insufficient or unjustly discriminatory.
196.26(4)(b)
(b) This section does not apply to any rate, toll, charge or schedule of any small telecommunications utility except as provided under
s. 196.215 (2).
