2011 Wisconsin Act 22

22,107 Section 107. 196.50 (title) of the statutes is amended to read:

196.50 (title) Competing public utilities; indeterminate permits,; telecommunications utility certification.

22,108 Section 108. 196.50 (1) (b) 1. and 2. of the statutes are repealed.

22,109 Section 109. 196.50 (1) (b) 3. of the statutes is renumbered 196.50 (1) (b).

22,110 Section 110. 196.50 (2) (b) of the statutes is amended to read:

196.50 (2) (b) A certificate, franchise, license or permit, indeterminate or otherwise, in effect on September 1, 1994, for a telecommunications utility shall remain in effect and shall have the effect of a certificate of authority. A telecommunications utility is not required to apply for a new certificate of authority to continue offering or providing service to the extent of the prior authorization. Each telecommunications utility, including telecommunications cooperatives and unincorporated telecommunications cooperative associations, shall have on file with the commission under s. 196.19 a tariff that sets forth the rates, terms and conditions for all services provided and a map that defines the geographical limits of the service territory that the telecommunications utility is obliged to serve.

22,111 Section 111. 196.50 (2) (e) 1. of the statutes is amended to read:

196.50 (2) (e) 1. Pending the determination on an application for a certificate of authority or an amended certificate of authority, the commission may issue, without notice and hearing, a temporary license for a period not to exceed one year and may temporarily exempt the applicant from requirements of this chapter identified in s. 196.195 (5) if the exemption is in the public interest. The issuance of a temporary license does not bind the commission in the final determination on the application.

22,112 Section 112. 196.50 (2) (f) of the statutes is amended to read:

196.50 (2) (f) The commission shall issue a certificate of authority or an amended certificate of authority if it finds, after notice and opportunity for hearing, that the applicant possesses sufficient technical, financial and managerial resources to provide telecommunications service to any person within the identified geographic area. In making this determination, the commission shall consider the factors identified in s. 196.03 (6). The commission may order the applicant to satisfy any conditions that the commission considers to be necessary to protect the public interest, including structural safeguards.

22,113 Section 113. 196.50 (2) (g) 3. of the statutes is repealed.

22,114 Section 114. 196.50 (2) (h) of the statutes is repealed.

22,115 Section 115. 196.50 (2) (i) of the statutes is created to read:

196.50 (2) (i) A telecommunications utility certified under this subsection is exempt from ss. 196.02 (2) and (6), 196.05, 196.06, 196.07, 196.08, 196.09, 196.10, 196.12, 196.13, 196.16, 196.18, 196.19, 196.20, 196.21, 196.219 (3) (c), (e), (g), and (L), (4d), (4m), and (5), 196.24, 196.395, 196.49, 196.52, 196.58, 196.60, 196.64, 196.78, and 196.79 and, except with respect to wholesale telecommunications service, is exempt from s. 196.219 (4).

22,116 Section 116. 196.50 (2) (j) of the statutes is created to read:

196.50 (2) (j) 1. A telecommunications utility certified under this subsection may do any of the following:

a. Provide notice to the commission to terminate the certification under this subsection and certify the telecommunications utility as an alternative telecommunications utility under s. 196.203. No later than 30 days after receiving notice under this subd. 1. a., the commission shall issue an order granting a certification under s. 196.203. The granting of such certification shall operate to terminate the certification under this subsection. All regulatory requirements in or related to the certification under this subsection that are inconsistent with the requirements of or regulation allowed under s. 196.203, including all such requirements imposed by the certification and all such requirements imposed by the commission, whether by statute or commission rule or order, on the telecommunications utility are terminated on the effective date of the order, unless the telecommunications utility, in its notice to the commission seeking certification under s. 196.203, requests to remain subject to one or more requirements of its prior certification under this subsection that do not violate the telecommunications utility's requirements or obligations under this chapter and the commission does not deny the request in its order pursuant to this subd. 1. a. granting certification under s. 196.203.

b. Provide notice to the commission to recertify the telecommunications utility under this subsection and impose on the telecommunications utility only those provisions of this chapter specified in this subd. 1. b. No later than 30 days after receiving notice under this subd. 1. b., the commission shall issue an order that grants recertification under this subsection and that imposes on the telecommunications utility only those provisions of this chapter specified in this subd. 1. b. The telecommunications utility shall be exempt from all provisions of this chapter, except ss. 196.01, 196.016, 196.025 (6), 196.191, 196.206, 196.212, 196.219 (2r), and 196.503; and except those provisions in s. 196.203 (4m) (a) that are imposed on all alternative telecommunications utilities under s. 196.203 (3); and except, with respect to its wholesale telecommunications services only, ss. 196.03 (1) and (6), 196.219 (4), 196.28, and 196.37. If required by the public interest, the commission may, with respect only to intrastate switched access services, impose on the telecommunications utility s. 196.03 (1) and (6) and 196.37, except that the commission may not impose s. 196.03 (1) or (6) without also imposing s. 196.37 on the telecommunications utility. The granting of the recertification shall operate to terminate the telecommunications utility's prior certification. All regulatory requirements related to the prior certification that are inconsistent with the requirements of or regulation allowed under this subd. 1. b., including all such requirements imposed by the certification, and all such requirements imposed by the commission, whether by statute or commission rule or order, on the telecommunications utility are terminated on the effective date of the order unless the telecommunications utility, in its notice to the commission seeking recertification under this subd. 1. b., requests to remain subject to one or more requirements of its prior certification that do not violate the telecommunications utility's requirements or obligations under this chapter and the commission does not deny the request in its recertification order.

2. Issuance of a commission order under subd. 1. shall operate as a limited waiver of the telecommunications utility's right to an exemption under 47 USC 251 (f) (1), which shall apply only to all of the following:

a. The requirements of 47 USC 251 (c) (1) and (2).

b. The requirements of 47 USC 251 (c) (5), but only with respect to the requirements of 47 CFR 51.325 (a) (1) and (2).

3. Issuance of a commission order under subd. 1. shall operate as a limited waiver of the telecommunications utility's right to petition the commission for suspension or modification under 47 USC 251 (f) (2), which shall apply only to all of the following:

a. The requirements of 47 USC 251 (b) and (c) (1) and (2).

b. The requirements of 47 USC 251 (c) (5), but only with respect to the requirements of 47 CFR 51.325 (a) (1) and (2).

22,117 Section 117. 196.503 of the statutes is created to read:

196.503 Telecommunications provider of last-resort obligations. (1) Definitions. In this section, "basic voice service" means the provision to residential customers of 2-way voice communication within a local calling area. "Basic voice service" includes extended community calling and extended area service. "Basic voice service" does not include the offering of Internet access service or any discretionary or optional services that are provided to a residential customer, even if provided in a bundle or package with basic voice service.

(2) Incumbent local exchange carrier obligations. (a) Notwithstanding any other provision in this chapter, and except as provided in sub. (3), an incumbent local exchange carrier shall make basic voice service available to all residential customers within a local exchange area in which it operates as an incumbent local exchange carrier.

(b) An incumbent local exchange carrier may satisfy its obligations under par. (a) through an affiliate and through the use of any available technology or mode.

(3) Waivers. (a) An incumbent local exchange carrier may apply to the commission for a waiver from compliance with sub. (2) (a) in a local exchange area.

(b) The commission shall grant a waiver requested under par. (a) for a local exchange area if any of the following is satisfied:

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.

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.

(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.

(d) 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.

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.

(4) Effect on other requirements. (a) Notwithstanding any other provision of this chapter, a commission decision prior to the effective date of this paragraph .... [LRB inserts date], 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.

(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.

(5) Sunset. This section does not apply after April 30, 2013.

22,118 Section 118. 196.52 (3) (b) 1. of the statutes is amended to read:

196.52 (3) (b) 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 $25,000 or 5% of the equity of the public utility, whichever is smaller. The requirement under par. (a) also does not apply to a telecommunications utility contract or arrangement or 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.

22,119 Section 119. 196.52 (3) (c) (intro.) of the statutes is amended to read:

196.52 (3) (c) (intro.) If the value of a contract or arrangement between an affiliated interest and a public utility, other than a telecommunications utility, exceeds $1,000,000, the commission:

22,120 Section 120. 196.52 (5) (a) of the statutes is renumbered 196.52 (5).

22,121 Section 121. 196.52 (5) (b) of the statutes is repealed.

22,122 Section 122. 196.52 (6) of the statutes is amended to read:

196.52 (6) If the commission finds upon investigation that a public utility, other than a telecommunications utility, is giving effect to a contract or arrangement without the commission's approval under this section, the commission shall issue a summary order directing that public utility to cease and desist from making any payments, receiving compensation, providing any service or otherwise giving any effect to the contract or arrangement until the contract or arrangement receives the approval of the commission. The circuit court of Dane County may enforce the order to cease and desist by appropriate process, including the issuance of a preliminary injunction, upon the suit of the commission.

22,123 Section 123. 196.52 (9) (e) of the statutes is amended to read:

196.52 (9) (e) Notwithstanding sub. (5) (a), the commission may not modify or terminate a leased generation contract approved under sub. (3) except as specified in the leased generation contract or the commission's order approving the leased generation contract.

22,124 Section 124. 196.60 (1) (a) of the statutes is amended to read:

196.60 (1) (a) Except as provided under sub. (2), no No public utility and no agent, as defined in s. 196.66 (3) (a), or officer of a public utility, directly or indirectly, may charge, demand, collect or receive from any person more or less compensation for any service rendered or to be rendered by it in or affecting or relating to the production, transmission, delivery or furnishing of heat, light, water, telecommunications service or power or for any service in connection therewith, than that prescribed in the published schedules or tariffs then in force, or established under this chapter, or than it charges, demands, collects or receives from any other person for a like contemporaneous service.

22,125 Section 125. 196.60 (2) of the statutes is repealed.

22,126 Section 126. 196.604 of the statutes is amended to read:

196.604 Rebates, concessions and discriminations unlawful. No person may knowingly solicit, accept or receive any rebate, concession or discrimination from a public utility for any service in or affecting or relating to the production, transmission, delivery or furnishing of heat, light, water or power or the conveying of telecommunications messages within this state or for any connected service whereby the service is rendered or is to be rendered free or at a rate less than the rate named in the schedules and tariffs in force, or whereby any other service or advantage is received. Any person violating this section shall be fined not less than $50 nor more than $5,000 for each offense.

22,127 Section 127. 196.77 of the statutes is repealed.

22,128 Section 128. 196.79 (1) of the statutes is renumbered 196.79 and amended to read:

196.79 Reorganization subject to commission approval. Except as provided in sub. (2), the The reorganization of any public utility shall be subject to the supervision and control of the commission. No reorganization may take effect without the written approval of the commission. The commission may not approve any plan of reorganization unless the applicant for approval establishes that the plan of reorganization is consistent with the public interest.

22,129 Section 129. 196.79 (2) of the statutes is repealed.

22,130 Section 130. 196.805 of the statutes is repealed.

22,131 Section 131. 196.81 (3) of the statutes is amended to read:

196.81 (3) This section does not apply to a service discontinuance by a telecommunications public utility that is a telecommunications provider.

22,132 Section 132. 196.975 (1) of the statutes is renumbered 196.975 (1r) and amended to read:

196.975 (1r) One hundred fifty or more consumers, as defined in s. 196.213 (1) (a) 1., who are residents of the same local exchange area for telecommunications service may file with the commission a petition requesting that commission staff, in cooperation with the affected telecommunications utilities and telecommunications carriers, petition the appropriate federal district court to include their local exchange area in a different local access and transport area. The petitioners shall include with the petition information explaining why the current boundaries of the local access and transport area which includes their local exchange area does not adequately reflect areas of common social, economic and other concerns.

22,133 Section 133. 196.975 (1g) of the statutes is created to read:

196.975 (1g) In this section, "consumer" means a person billed for one or more local telecommunications service access lines not to exceed one person per access line. A person billed for more than one access line may not be considered a consumer for each access line for which he or she is billed.

22,134 Section 134. 196.975 (2) of the statutes is amended to read:

196.975 (2) After receiving a petition under sub. (1) (1r), the commission shall schedule a public hearing, to be held in the local exchange area of the petitioners, serving to receive testimony on the contents of the petition and any other matters deemed relevant by the commission. The commission shall publish a class 1 notice under ch. 985 in a newspaper serving the local exchange area at least 20 days prior to the hearing.

22,135 Section 135. 201.01 (2) of the statutes is amended to read:

201.01 (2) "Public service corporation" means and embraces every corporation, except municipalities and other political subdivisions, which is a public utility as defined in s. 196.01, and every corporation which is a water carrier as defined in s. 195.02, but shall not include a public utility corporation receiving an annual gross revenue of less than $1,000 for the calendar year next preceding the issuance of any securities by it. "Public service corporation" includes a holding company, as defined under s. 196.795 (1) (h), which is a public utility, as defined under s. 196.01 (5). "Public service corporation" does not include a telecommunications utility provider, as defined in s. 196.01 (10) (8p). "Public service corporation" does not include any other holding company unless the holding company was formed after November 28, 1985, and unless the commission has determined, under s. 196.795 (7) (a), that each nonutility affiliate, as defined under s. 196.795 (1) (j), does not and cannot reasonably be expected to do at least one of the items specified in s. 196.795 (7) (a). "Public service corporation" does not include a company, as defined in s. 196.795 (1) (f), which owns, operates, manages or controls a telecommunications utility provider, as defined in s. 196.01 (10) (8p), unless such company also owns, operates, manages or controls a public utility which is not a telecommunications utility provider. "Public service corporation" does not include a transmission company, as defined in s. 196.485 (1) (ge).

22,136 Section 136. 201.15 of the statutes is repealed.

22,137 Section 137. 943.45 (1) (intro.) of the statutes is amended to read:

943.45 (1) (intro.) No person may intentionally obtain or attempt to obtain telecommunications service, as defined in s. 196.01 (9m) 182.017 (1g) (cq), by any of the following means:

22,138 Section 138. Nonstatutory provisions.

(1) In this Section:

(a) "Alternative telecommunications utility" has the meaning given in section 196.01 (1d) of the statutes, as affected by this act.

(b) "Commission" means the public service commission.

(c) "Price-regulated telecommunications utility" means a telecommunications utility that elected to become a price-regulated telecommunications utility under section 196.196 (1) or (4), 2009 stats.

(d) "Telecommunications utility" has the meaning given in section 196.01 (10) of the statutes.

(2) Except as provided in section 196.195 of the statutes, as affected by this act, and section 196.219 (2r) of the statutes, as created by this act, on the effective date of this subsection, any requirement imposed by the commission under section 196.195 (5), 2009 stats., or section 196.196, 2009 stats., whether by statute or commission rule or order, on a price-regulated telecommunications utility is terminated.

(3) Except as provided in section 196.219 (2r) of the statutes, as created by this act, on the effective date of this subsection, any requirement imposed on a telecommunications utility or alternative telecommunications utility under section 196.203, 2009 stats., or section 196.50, 2009 stats., whether by statute or commission rule or order, that is inconsistent with sections 196.203 or 196.50 (2) of the statutes, as affected by this act, is terminated.