196.503(3)(b)1.
1. The commission finds that the incumbent local exchange carrier demonstrates that the waiver is in the public interest or that effective competition exists for basic voice service in the local exchange.
196.503(3)(b)2.
2. The commission has made a previous finding of effective competition under s.
196.195 (2), 2009 stats., for basic local exchange service in the local exchange. The commission may not grant a waiver under this subdivision until after June 1, 2012.
196.503(3)(c)
(c) The commission's review of a waiver requested under
par. (a) shall be strictly limited to determining whether any of the criteria specified in
par. (b) 1. or
2. is satisfied.
196.503(3)(d)1.1. Within 120 days of the filing of a waiver request based on
par. (b) 1., the commission shall grant or deny the request and, if denied, the commission shall issue a written decision identifying the reasons for its denial. If the commission fails to grant or deny the waiver request within 120 days of its filing, the waiver request is considered granted by operation of law.
196.503(3)(d)2.
2. The commission shall grant a waiver based on
par. (b) 2. as soon as the commission verifies that the commission has previously made the finding specified in
par. (b) 2., but no later than 20 days after the filing of the waiver request. If the commission fails to grant a waiver request based on
par. (b) 2. within 20 days of its filing, the waiver request is considered granted by operation of law. If the commission denies a waiver based on
par. (b) 2., the commission shall issue a written decision identifying the reasons for its denial.
196.503(4)(a)(a) Notwithstanding any other provision of this chapter, a commission decision prior to June 9, 2011, eliminating an incumbent local exchange carrier's provider of last-resort obligations, by operation of law or otherwise, remains in force and in effect as to the elimination of those obligations.
196.503(4)(b)
(b) Except to enforce this section, nothing in this section provides the commission with any authority to regulate, or any jurisdiction over, incumbent local exchange carriers and the rates, terms, and conditions of their services that the commission does not otherwise have under this chapter.
196.503(5)
(5) Sunset. This section does not apply after April 30, 2013.
196.503 History
History: 2011 a. 22.
196.504
196.504
Broadband expansion grant program; Broadband Forward! community certification. 196.504(1)(a)
(a) “Eligible applicant" means any of the following:
196.504(1)(a)1.
1. An organization operated for profit or not for profit, including a cooperative.
196.504(1)(a)3.
3. A political subdivision that submits an application in partnership with an eligible applicant under
subd. 1. or
2.
196.504(1)(ae)
(ae) “Political subdivision" means a city, village, town, or county.
196.504(1)(am)
(am) “Scalable" means, with respect to a project for a broadband network, that the broadband network has the ability to maintain the quality of its service while increasing parameters relating to the size of the network, such as the number of users, the number of network nodes, the number of services provided, or the network's geographic spread.
196.504(1)(b)
(b) “Underserved" means served by fewer than 2 broadband service providers.
196.504(2)
(2) The commission shall administer the broadband expansion program and shall have the following powers:
196.504(2)(a)
(a) To make broadband expansion grants to eligible applicants for the purpose of constructing broadband infrastructure in underserved areas designated under
par. (d). Grants awarded under this section shall be paid from the appropriation under
s. 20.155 (3) (r). In each fiscal year, the total amount of the grants may not exceed $1,500,000.
196.504(2)(b)
(b) To prescribe the form, nature, and extent of the information that shall be contained in an application for a grant under this section. The application shall require the applicant to identify the area of the state that will be affected by the proposed project and explain how the proposed project will increase broadband access.
196.504(2)(c)
(c) To establish criteria for evaluating applications and awarding grants under this section. The criteria shall prohibit grants that have the effect of subsidizing the expenses of a provider of telecommunications service, as defined in
s. 182.017 (1g) (cq), or the monthly bills of customers of those providers. The criteria shall give priority to projects that include matching funds, that involve public-private partnerships, that affect areas with no broadband service providers, that are scalable, that promote economic development, or that affect a large geographic area or a large number of underserved individuals or communities.
196.504(2)(d)
(d) To designate areas of the state that are underserved as underserved areas.
196.504(3)
(3) The commission shall encourage the development of broadband infrastructure in underserved areas of the state and do all of the following:
196.504(3)(a)
(a) Provide comprehensive information concerning permits required for broadband network projects and related business activities in the state and make this information available to any person.
196.504(3)(b)
(b) Work with other state and local government offices, departments, and administrative entities to encourage timely and efficient issuance of permits and resolution of related issues.
196.504(3)(c)
(c) Encourage local and federal government agencies to coordinate activities related to approving applications and issuing permits related to broadband network projects.
196.504(4)
(4) A political subdivision may apply to the commission for certification as a Broadband Forward! community. The commission shall prescribe the form and manner for making an application. The commission shall prescribe a process for public notice and comment on an application for a period of at least 30 days after the application is received, except that the process does not apply to an application by a political subdivision that enacts a model ordinance developed under
sub. (9) (a) or submits a written statement under
sub. (9) (b). The commission shall approve an application and certify a political subdivision as a Broadband Forward! community if the commission determines that the political subdivision has enacted an ordinance that complies with
sub. (5). If the process for public notice and comment applies to an application, the commission shall, before approving the application, consider any public comments made regarding the application.
196.504(5)
(5) A political subdivision may not be certified as a Broadband Forward! community under
sub. (4) unless the political subdivision enacts an ordinance for reviewing applications and issuing permits related to broadband network projects that provides for all of the following:
196.504(5)(a)
(a) Appointing a single point of contact for all matters related to a broadband network project.
196.504(5)(b)
(b) Requiring the political subdivision to determine whether an application is complete and notifying the applicant about the determination in writing within 10 days of receiving the application.
196.504(5)(c)
(c) If the political subdivision does not believe that an application is complete, requiring the written notification under
par. (b) to specify in detail the required information that is incomplete.
196.504(5)(d)
(d) If the political subdivision does not make the written notification required under
par. (b), requiring the political subdivision to consider an application to be complete.
196.504(5)(e)
(e) Allowing an applicant to resubmit an application as often as necessary until the application is complete.
196.504(5)(f)
(f) Within 60 days of receiving an application that is complete, requiring the political subdivision to approve or deny the application and provide the applicant written notification of the approval or denial.
196.504(5)(g)
(g) If the political subdivision denies an application, requiring the political subdivision to include in the written notification under
par. (f) evidence that the denial is not arbitrary and capricious.
196.504(5)(h)
(h) Requiring that an application is considered approved and any required permit is issued if the political subdivision does not provide the written notification under
par. (f).
196.504(5)(i)
(i) Providing that any fee imposed by the political subdivision to review an application, issue a permit, or perform any other activity related to a broadband network project is reasonable.
196.504(5)(k)
(k) Allowing all forms, applications, and documentation related to a broadband network project to be filed and signed by electronic or another means authorized by the commission.
196.504(6)
(6) A political subdivision that the commission has certified as a Broadband Forward! community under
sub. (4) may not do any of the following:
196.504(6)(a)
(a) Require an applicant to designate a final contractor to complete a broadband network project.
196.504(6)(b)
(b) Impose an unreasonable fee to review an application or issue a permit for a broadband network project application. Any application fee that exceeds $100 is considered unreasonable.
196.504(6)(c)
(c) Impose a moratorium of any kind on the approval of applications and issuance of permits for broadband network projects or on construction related to broadband network projects.
196.504(6)(d)
(d) Discriminate among providers of telecommunications service, as defined in
s. 182.017 (1g) (cq), or public utilities with respect to any action described in this section or otherwise related to a broadband network project, including granting access to public rights-of-way, infrastructure and poles, river and bridge crossings, or any other physical assets owned or controlled by the political subdivision.
196.504(6)(e)
(e) As a condition for approving an application or issuing a permit for a broadband network project or for any other purpose, require the applicant to do any of the following:
196.504(6)(e)1.
1. Provide any service or make available any part of the broadband network project to the political subdivision.
196.504(6)(e)2.
2. Except for reasonable fees allowed under
sub. (5) (i), make any payment to or on behalf of the political subdivision.
196.504(7)
(7) Upon the request of a broadband service provider, the commission may decertify a political subdivision as a Broadband Forward! community if the political subdivision fails to comply with or modifies the ordinance required for certification under
sub. (4) or violates
sub. (6).
196.504(8)
(8) Upon a complaint that an application fee under an ordinance required for certification under
sub. (4) is unreasonable, the commission shall determine whether the fee is reasonable. In the proceeding for making that determination, the political subdivision has the burden of proving the reasonableness of any function undertaken by the political subdivision as part of the application process and the reasonableness of the costs of those functions.
196.504(9)(a)(a) The commission may develop a model ordinance that complies with
sub. (5) for a political subdivision to review applications and issue permits related to broadband network projects.
196.504(9)(b)
(b) If the commission develops a model ordinance under
par. (a) and a political subdivision enacts a different ordinance that complies with
sub. (5), the political subdivision shall, when applying for certification under
sub. (4), provide the commission with a written statement that describes the ordinance and how the ordinance differs from the model ordinance.
196.504 History
History: 2013 a. 20;
2015 a. 55,
278.
196.505
196.505
Construction of chapter. 196.505(1)
(1) Nothing in this chapter may be construed to deny a foreign corporation the privilege of offering telecommunications services in this state if it has received a certificate of authority under
ch. 180 and any other authorization from the commission required under this chapter.
196.505(2)
(2) Nothing in this chapter may be construed to permit
chapter 184 or this chapter to apply differently to a foreign corporation which offers telecommunications services in this state than to a similarly situated domestic corporation which offers telecommunications services in this state.
196.505 History
History: 1985 a. 297;
1993 a. 496.
196.51
196.51
Prior permits and franchises validated. Any license, permit or franchise to own, operate, manage or control any plant or equipment for the production, transmission, delivery or furnishing of heat, light, water or power in any municipality is valid and shall not be affected by
s. 196.50 (1), if the license, permit or franchise was granted prior to April 3, 1911, to any public utility or was under consideration prior to April 3, 1911, in the governing body of any municipality at the time another public utility operating in the municipality obtained an indeterminate permit.
196.51 History
History: 1983 a. 53.
196.52
196.52
Relations with affiliated interests; definition; contracts with affiliates filed and subject to commission control. 196.52(1)(1) In this section, “person" includes but is not limited to trustees, lessees, holders of beneficial equitable interest, voluntary associations, receivers, partnerships and corporations; and “affiliated interests" means, with respect to a public utility:
196.52(1)(a)
(a) Any person owning or holding directly or indirectly 5 percent or more of the voting securities of the public utility.
196.52(1)(b)
(b) Any person in any chain of successive ownership of 5 percent or more of voting securities of the public utility.
196.52(1)(c)
(c) Every corporation 5 percent or more of whose voting securities is owned by any person owning 5 percent or more of the voting securities of the public utility or by any person in any chain of successive ownership of 5 percent or more of voting securities of the public utility.
196.52(1)(d)
(d) Any person who is an officer or director of the public utility or of any corporation in any chain of successive ownership of 5 percent or more of voting securities of the public utility.
196.52(1)(e)
(e) Any corporation operating a public utility, a railroad, or a servicing organization for furnishing supervisory, construction, engineering, accounting, legal and similar services to public utilities or railroads, which has one or more officers or one or more directors in common with the public utility, and any other corporation which has directors in common with the public utility if the number of such directors of the corporation is more than one-third of the total number of the public utility's directors.
196.52(1)(f)
(f) Any person whom the commission determines as a matter of fact after investigation and hearing to be actually exercising any substantial influence over the policies and actions of the public utility even if such influence is not based upon stockholding, stockholders, directors or officers as specified under
pars. (a) to
(e).
196.52(1)(g)
(g) Any other person whom the commission determines as a matter of fact after investigation and hearing to be actually exercising substantial influence over the policies and actions of the public utility in conjunction with one or more other persons with whom they are related by ownership, by blood or adoption or by action in concert that together they are affiliated with such public utility for the purpose of this section, even though no one of them alone is so affiliated under
pars. (a) to
(f).
196.52(1)(h)
(h) Any subsidiary of the public utility. In this paragraph, “subsidiary" means any person 5 percent or more of the securities of which are directly or indirectly owned by a public utility.
196.52(3)(a)(a) In this subsection, “contract or arrangement" means a contract or arrangement providing for the furnishing of management, supervisory, construction, engineering, accounting, legal, financial or similar services and any contract or arrangement for the purchase, sale, lease or exchange of any property, right, or thing, or for the furnishing of any service, property, right, or thing, other than management, supervisory, construction, engineering, accounting, legal, financial or similar services, but “contract or arrangement" does not include a contract or arrangement under which a transmission utility, as defined in
s. 196.485 (1) (i), sells or transfers securities, as defined in
s. 196.485 (1) (fe), that have been issued by a transmission company, as defined in
s. 196.485 (1) (ge). Except as provided under
par. (b), unless and until the commission gives its written approval, any contract or arrangement is not valid or effective if the contract or arrangement is made between a public utility and an affiliated interest after June 7, 1931. Every public utility shall file with the commission a verified copy of any contract or arrangement, a verified summary of any unwritten contract or arrangement, and any contract or arrangement, written or unwritten, which was in effect on June 7, 1931. The commission shall approve a contract or arrangement made or entered into after June 7, 1931, only if it shall clearly appear and be established upon investigation that it is reasonable and consistent with the public interest. The commission may not approve any contract or arrangement unless satisfactory proof is submitted to the commission of the cost to the affiliated interest of rendering the services or of furnishing the property or service to each public utility or of the cost to the public utility of rendering the services or of furnishing the property or service to each affiliated interest. No proof is satisfactory under this paragraph unless it includes the original (or verified copies) of the relevant cost records and other relevant accounts of the affiliated interest, or an abstract of the records and accounts or a summary taken from the records and accounts if the commission deems the abstract or summary adequate. The accounts shall be properly identified and duly authenticated. The commission, where reasonable, may approve or disapprove a contract or arrangement without submission of the cost records or accounts.
196.52(3)(b)1.1. The requirement for written approval under
par. (a) shall not apply to any contract or arrangement if the amount of consideration involved is not in excess of the threshold amount under
subd. 1m. or 5 percent of the equity of the public utility, whichever is smaller. The requirement under
par. (a) also does not apply to contracts or arrangements with joint local water authorities under
s. 66.0823. Regularly recurring payments under a general or continuing arrangement which aggregate a greater annual amount may not be broken down into a series of transactions to come within the exemption under this paragraph. Any transaction exempted under this paragraph shall be valid or effective without commission approval under this section.
196.52(3)(b)1m.
1m. The threshold amount under
subd. 1. is $250,000, except that in 2014 and biennially thereafter, the commission shall adjust such threshold amount to reflect adjustments to the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, and disseminate the adjusted threshold on the commission's Web site.
196.52(3)(b)2.
2. In any proceeding involving the rates or practices of the public utility, the commission may exclude from the accounts of the public utility any payment or compensation made pursuant to a transaction exempted under this paragraph unless the public utility establishes the reasonableness of the payment or compensation.
196.52(3)(c)
(c) If the value of a contract or arrangement between an affiliated interest and a public utility exceeds $1,000,000, the commission:
196.52(3)(c)1.
1. May not waive the requirement of the submission of cost records or accounts under
par. (a);
196.52(3)(c)2.
2. Shall review the accounts of the affiliated interest as they relate to the contract or arrangement prior to the commission approving or disapproving the contract or arrangement under
par. (a); and
196.52(3)(c)3.
3. May determine the extent of cost records and accounts which it deems adequate to meet the requirements for submission and review under
subds. 1. and
2.
196.52(3)(d)1.1. If a hearing is held on an application under this subsection, the commission shall take final action on the application within 180 days after the commission issues a notice of hearing on the application. The chairperson of the commission may extend the time period for an additional 180 days for good cause. If the commission fails to take final action within the initial 180-day period, or the extended 180-day time period, the commission is considered to have approved the application.
196.52(3)(d)2.
2. If a hearing is not held on an application under this subsection, the commission shall take final action on the application within 90 days after the commission issues a notice opening a docket on the application. The chairperson of the commission may extend the time period for an additional 90 days for good cause. If the commission fails to take final action within the initial 90-day period, or the extended 90-day time period, the commission is considered to have approved the application.
196.52(4)(a)(a) In any proceeding, whether upon the commission's own motion or upon application or complaint, involving the rates or practices of any public utility, the commission may exclude from the accounts of the public utility any payment or compensation to or from an affiliated interest for any services rendered or property or service furnished under an existing contract or arrangement with an affiliated interest under
sub. (3) (a) unless the public utility establishes the reasonableness of the payment or compensation.
196.52(4)(b)
(b) The commission shall disallow the payment or compensation described in
par. (a), in whole or in part, in the absence of satisfactory proof that the payment or compensation is reasonable in amount.
196.52(4)(c)
(c) The commission may not approve or allow any payment or compensation described in
par. (a), in whole or in part, unless satisfactory proof is submitted to the commission of the cost to the affiliated interest of rendering the service or furnishing the property or service to each public utility or of the cost to the public utility of rendering the service or furnishing the property or service to each affiliated interest.
196.52(4)(d)
(d) No proof shall be satisfactory under this subsection unless it includes the original or verified copies of the relevant cost records and other relevant accounts of the affiliated interest, or an abstract of the records and accounts or a summary taken from the records and accounts if the commission deems the abstract or summary adequate. The accounts shall be properly identified and duly authenticated. The commission, where reasonable, may approve or disapprove a contract or arrangement without submission of the cost records or accounts.
