2011 Wisconsin Act 22

(3) (a) Except as provided in par. (b), if a telecommunications utility or alternative telecommunications utility files a new tariff under sub. (2) (b), all of the following apply:

1. The new tariff shall become effective on the date specified in the tariff, unless the commission suspends the operation of the new tariff upon serving a written notice of the suspension on the telecommunications utility or alternative telecommunications utility within 10 days after the date of filing. The notice shall include a statement of the reason under subd. 2. upon which the commission believes the tariff may be modified.

2. The commission may modify the new tariff after an opportunity for a hearing only to the extent that the tariff violates s. 196.209, 196.212, or 196.219 and only to the extent that s. 196.209, 196.212, or 196.219 applies to the telecommunications utility or alternative telecommunications utility.

3. If the commission does not conduct a hearing under subd. 2., the commission shall issue its final order within 60 days after issuing the notice of suspension under subd. 1. If the commission conducts a hearing, the commission shall issue its final order within 120 days after issuing the notice of suspension under subd. 1. If a final order is not issued within the time limits specified in this subdivision, the new tariff becomes effective as filed.

(b) If a telecommunications utility or alternative telecommunications utility files a new tariff under sub. (2) (b) to comply with sub. (1) for intrastate switched access service that includes intrastate switched access rates higher than the intrastate switched access rates it charged on January 1, 2011, the tariff shall not be effective unless the new tariff is consistent with the public interest factors set forth in s. 196.03 (6) and does not violate s. 196.212 or 196.219 (2r) and the commission by order, after investigation and opportunity for a hearing, approves the new tariff and rates, except that an increase in intrastate switched access rates shall be effective at the time specified in the new tariff as filed with the commission if sub. (2) (d) 2. a. is satisfied or, if the telecommunications utility or alternative telecommunications utility is a small telecommunications utility, sub. (2) (d) 2. a. or b. is satisfied.

(4) Nothing in this section shall give the commission jurisdiction over the rates, tolls, and charges or the terms and conditions of any service that is not subject to a tariff under this section.

(5) Every telecommunications utility or alternative telecommunications utility that files a tariff with the commission under this section shall include all rates, tolls, and charges and all terms and conditions that apply to the services specified in the tariff.

(6) Nothing in this chapter prohibits a tariff for a service that permits a telecommunications utility or alternative telecommunications utility to enter into a contract with a customer for that tariffed service that includes rates, tolls, and charges and terms and conditions that are different from those in the tariff.

(7) Except as provided in sub. (6), no telecommunications utility or alternative telecommunications utility may charge, demand, collect, or receive more or less compensation for any service for which a tariff is filed under this section than is specified in the tariff, as may at the time be in force, or demand, collect, or receive any rate, toll, or charge for such service not specified in the tariff.

(8) A copy of the tariffs filed under this section shall be made available to consumers in a form and place readily accessible to the public.

22,25 Section 25. 196.194 (title) of the statutes is repealed.

22,26 Section 26. 196.194 (1) of the statutes is repealed.

22,27 Section 27. 196.194 (2) of the statutes is renumbered 196.194 and amended to read:

196.194 Gas utilities utility individual contracts. Nothing in ss. 196.03, 196.19, 196.20, 196.21, 196.22, 196.37, 196.60, 196.604 and 196.625 prohibits the commission from approving the filing of a tariff which permits a gas utility to enter into an individual contract with an individual customer if the term of the contract is no more than 5 years, or a longer period approved by the commission, and if the commission determines that substitute gas services are available to customers or potential customers of the gas utility and the absence of such a tariff will cause the gas utility to be disadvantaged in competing for business. A tariff filed under this subsection section shall include the condition that any such contract shall be compensatory. The tariff shall include any other condition and procedure required by the commission in the public interest. Within 20 days after a contract authorized under this subsection section or an amendment to such a contract has been executed, the gas utility shall submit the contract to the commission. The commission shall give notice to any person, upon request, that a contract authorized under this subsection section has been received by the commission. The notice shall identify the gas utility that has entered into the contract. Within 6 months after receiving substantial evidence that a contract may be noncompensatory, or upon its own motion, the commission shall investigate and determine whether the contract is compensatory. If the commission determines that the contract is noncompensatory, the commission may make appropriate adjustments in the rates or tariffs of the gas utility that has entered into the contract, in addition to other remedies under this chapter. The dollar amount of the adjustment may not be less than the amount by which the contract was found to be noncompensatory.

22,28 Section 28. 196.195 of the statutes is repealed and recreated to read:

196.195 Alternative telecommunications regulation plans. Any telecommunications utility that as of the effective date of this section .... [LRB inserts date], is subject to an alternative regulation plan approved by the commission under s. 196.195, 2009 stats., shall remain regulated pursuant to such alternative regulation plan to the extent that the alternative regulation plan is not inconsistent with ss. 196.191 and 196.212, unless the telecommunications utility terminates the alternative regulation plan pursuant to the terms and conditions of the plan. If such an inconsistency exists, the requirements of ss. 196.191 and 196.212 shall apply to the intrastate switched access rates and intrastate switched access service tariff filings of such a telecommunications utility.

22,29 Section 29. 196.196 of the statutes is repealed.

22,30 Section 30. 196.198 (2) (a) of the statutes is renumbered 196.198 (2) and amended to read:

196.198 (2) 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 subsection does not apply to an extended community telephone service.

22,31 Section 31. 196.198 (2) (b) of the statutes is repealed.

22,32 Section 32. 196.198 (3) (intro.) of the statutes is amended to read:

196.198 (3) (intro.) 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:

22,33 Section 33. 196.198 (3) (a) of the statutes is amended to read:

196.198 (3) (a) Failure to suspend the application of sub. (2) (a) makes competition in that geographical area impractical.

22,34 Section 34. 196.198 (3) (b) (intro.) of the statutes is amended to read:

196.198 (3) (b) (intro.) Suspending the application of sub. (2) (a) is beneficial to all of the following groups:

22,35 Section 35. 196.20 (1) of the statutes is amended to read:

196.20 (1) The rate schedules of any public utility shall include all rules applicable to the rendition or discontinuance of the service to which the rates specified in the schedules are applicable. No change may be made by any public utility in its schedules except by filing the change as proposed with the commission. Except for a telecommunications utility, no No change in any public utility rule which purports to curtail the obligation or undertaking of service of the public utility shall be effective without the written approval of the commission after hearing, except that the commission, by emergency order, may make the rule, as filed, effective from the date of the order, pending final approval of the rule after hearing.

22,36 Section 36. 196.20 (1m) of the statutes is repealed.

22,37 Section 37. 196.20 (2) (a) (intro.) of the statutes is amended to read:

196.20 (2) (a) (intro.) Except for a telecommunications utility, a A proposed change which constitutes a decrease in rates shall be effective at the time specified in the change as filed but not earlier than 10 days after the date of filing the change with the commission, unless any of the following occurs:

22,38 Section 38. 196.20 (2) (am) of the statutes is repealed.

22,39 Section 39. 196.20 (2m) of the statutes is amended to read:

196.20 (2m) Except as provided under sub. (5) and ss. s. 196.193, 196.195 (12) and 196.196, no change in schedules which constitutes an increase in rates to consumers may be made except by order of the commission, after an investigation and opportunity for hearing. The commission may waive a hearing under this subsection for a proposed change in a telecommunications utility schedule. By rule or order, the commission shall specify the notice and procedural requirements applicable to a telecommunications utility proposal for which a hearing is waived.

22,40 Section 40. 196.20 (2r) of the statutes is repealed.

22,41 Section 41. 196.20 (3) of the statutes is repealed.

22,42 Section 42. 196.20 (5) of the statutes is repealed.

22,43 Section 43. 196.20 (6) of the statutes is repealed.

22,44 Section 44. 196.202 (2) of the statutes is amended to read:

196.202 (2) Scope of regulation. A commercial mobile radio service provider is not subject to ch. 201 or this chapter, except as provided in sub. (5), and except that a commercial mobile radio service provider is subject to ss. 196.025 (6), 196.218 (3), and 196.859, and shall respond, subject to the protection of the commercial mobile radio service provider's competitive information, to all reasonable requests for information about its operations in this state from the commission necessary to administer ss. 196.025 (6), 196.218 (3), and 196.859.

22,45 Section 45. 196.203 (1) of the statutes is renumbered 196.203 (1g) (intro.) and amended to read:

196.203 (1g) (intro.) Alternative telecommunications utilities are exempt from all provisions of ch. 201 and this chapter, except as provided in this section, and except that an for all of the following:

(a) An alternative telecommunications utility is subject to s. ss. 196.01, 196.016, 196.025 (6), and except that an 196.191, 196.206, and 196.212.

(c) An alternative telecommunications utility that is a local government telecommunications utility, as defined in s. 196.204 (5) (ag) 1., is subject to s. 196.204 (5).

22,46 Section 46. 196.203 (1d) of the statutes is created to read:

196.203 (1d) In this section, "local government telecommunications utility" has the meaning given in s. 196.204 (1m) (a).

22,47 Section 47. 196.203 (1g) (b) of the statutes is created to read:

196.203 (1g) (b) An alternative telecommunications utility certified under this section pursuant to s. 196.50 (2) (j) 1. a. is subject to ss. 196.219 (2r) and 196.503, and, with respect only to wholesale telecommunications services, is subject to ss. 196.03 (1) and (6), 196.219 (4), 196.28, and 196.37; and, if such an alternative telecommunications utility was regulated as a price-regulated telecommunications utility prior to the effective date of this paragraph .... [LRB inserts date], the alternative telecommunications utility's intrastate dedicated access rates shall mirror its interstate dedicated access rates.

22,48 Section 48. 196.203 (2) of the statutes is renumbered 196.203 (2) (a) and amended to read:

196.203 (2) (a) No person may commence providing service as an alternative telecommunications utility unless the person petitions for and the commission issues a determination certification that the person is an alternative telecommunications utility or unless the person is a telecommunications utility that the commission certifies as an alternative telecommunications utility under this section pursuant to s. 196.50 (2) (j) 1. a.

(6) The commission shall maintain information on authorized certified alternative telecommunications utilities and on applicants for alternative telecommunications utility status certification and make that information available to any person, upon request.

22,49 Section 49. 196.203 (2) (b) of the statutes is created to read:

196.203 (2) (b) Except for an alternative telecommunications utility that is a local government telecommunications utility, certification as an alternative telecommunications utility shall be on a statewide basis and any certification issued by the commission before the effective date of this paragraph .... [LRB inserts date], to an alternative telecommunications utility that is not a local government telecommunications utility is considered amended to be a statewide certification.

22,50 Section 50. 196.203 (2) (c) of the statutes is created to read:

196.203 (2) (c) An alternative telecommunications utility may provide notice to the commission to maintain certification as an alternative telecommunications utility but to recertify the alternative telecommunications utility and impose on the alternative telecommunications utility only those provisions of this chapter specified in this paragraph. No later than 30 days after receiving notice under this paragraph, the commission shall issue an order granting recertification and imposing on the alternative telecommunications utility those provisions of this chapter specified in sub. (4m) (a) that are imposed on all alternative telecommunications utilities under sub. (3). The commission may impose a provision of this chapter specified in sub. (4m) (b) or (c) if in the public interest. An alternative telecommunications utility for which an order of recertification is issued is subject to sub. (1g). The granting of the recertification shall operate to terminate the alternative telecommunications utility's prior certification. All regulatory requirements in or related to the prior certification that are inconsistent with the requirements of or regulation allowed under this section, 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 alternative telecommunications utility are terminated on the effective date of the order, unless the alternative telecommunications utility, in its notice to the commission seeking recertification under this paragraph, requests to remain subject to one or more requirements of its prior certification that do not violate the alternative telecommunications utility's requirements and obligations under this chapter and the commission does not deny the request in the commission's recertification order.

22,51 Section 51. 196.203 (2) (d) of the statutes is created to read:

196.203 (2) (d) The commission may deny a petition for certification as an alternative telecommunications utility described in s. 196.01 (1d) (f) only if the commission finds that the petitioner does not have the financial, managerial, or technical capabilities to provide its proposed services or to comply with conditions that the commission is authorized to impose under sub. (3).

22,52 Section 52. 196.203 (3) (a) of the statutes is renumbered 196.203 (3) and amended to read:

196.203 (3) In response to a petition from any interested person, or upon its own motion, the commission shall determine whether the public interest requires that any a provision of ch. 201 or this chapter specified in sub. (4m) be imposed on a person providing or proposing to provide service as an alternative telecommunications utility in a relevant market. In making this determination, the commission may consider factors including the quality of service, customer complaints, concerns about the effect on customers of local exchange telecommunications utilities and the extent to which similar services are available from alternative sources. If the commission imposes a provision of this chapter specified in sub. (4m) (a) on an alternative telecommunications utility under this subsection, the commission shall impose the same provision at the same level of regulation on all other alternative telecommunications utilities.

22,53 Section 53. 196.203 (3) (b) of the statutes is repealed.

22,54 Section 54. 196.203 (3) (c) of the statutes is repealed.

22,55 Section 55. 196.203 (3) (d) of the statutes is repealed.

22,56 Section 56. 196.203 (3) (dm) of the statutes is repealed.

22,57 Section 57. 196.203 (3) (e) of the statutes is repealed.

22,58 Section 58. 196.203 (4) of the statutes is repealed.

22,59 Section 59. 196.203 (4m) of the statutes is created to read:

196.203 (4m) (a) The commission may impose s. 196.02 (1), (4), or (5), 196.04, 196.135, 196.14, 196.197, 196.199, 196.207, 196.208, 196.209, 196.218, 196.219 (1), (2) (b), (c), or (d), (2r), or (3) (a), (d), (j), (m), (n), or (o), 196.25, 196.26, 196.39, 196.395, 196.40, 196.41, 196.43, 196.44, 196.65, 196.66, 196.81, 196.85, 196.858, or 196.859 on an alternative telecommunications utility.

(b) In addition to the requirements under s. 196.212, the commission may, with respect only to intrastate switched access services, impose s. 196.03 (1) or (6) or 196.37 on an alternative telecommunications utility, except that the commission may not investigate, review, or set the rates for intrastate switched access services of an alternative telecommunications utility that is subject to s. 196.212 (2) or (3) except as required to enforce s. 196.212 (2) or (3).

(c) The commission may, with respect only to wholesale telecommunications service, impose s. 196.03 (1) or (6), 196.219 (4), 196.28, or 196.37 on an alternative telecommunications utility certified under sub. (2) (a) or (c).

22,60 Section 60. 196.203 (5) of the statutes is amended to read:

196.203 (5) The commission may establish a reasonable fee schedule and may assess an alternative telecommunications utility to cover the cost of making a determination certification, recertification, or other determinations made under this section.

22,61 Section 61. 196.204 (title) of the statutes is repealed and recreated to read:

196.204 (title) Local government telecommunications utilities.

22,62 Section 62. 196.204 (1) of the statutes is repealed.

22,63 Section 63. 196.204 (2) of the statutes is repealed.

22,64 Section 64. 196.204 (3) of the statutes is repealed.

22,65 Section 65. 196.204 (4) of the statutes is repealed.

22,66 Section 66. 196.204 (5) (ag) of the statutes is renumbered 196.204 (1m), and 196.204 (1m) (intro.), as renumbered, is amended to read:

196.204 (1m) (intro.) In this subsection section:

22,67 Section 67. 196.204 (5) (ar) of the statutes is renumbered 196.204 (2m), and 196.204 (2m) (a), (b) (intro.) and (c) (intro.), as renumbered, are amended to read:

196.204 (2m) (a) In addition to the other requirements of this section, each Each telecommunications service, relevant group of services, and basic network function offered or used by a local government telecommunications utility shall be priced to exceed its total service long-run incremental cost. The commission may waive the applicability of this subdivision to a nongovernmental telecommunications utility's basic local exchange service if the commission determines that a waiver is consistent with the factors under s. 196.03 (6).

(b) (intro.) For purposes of subd. 1. par. (a), the total service long-run incremental cost of a local government telecommunications utility shall take into account, by imputation or allocation, equivalent charges for all taxes, pole rentals, rights-of-way, licenses, and similar costs that are incurred by nongovernmental telecommunications utilities. This subdivision paragraph does not apply to a local government telecommunications utility that is subject to the exemption under s. 66.0422 (3n). This subdivision paragraph also does not apply to a telecommunications service, relevant group of services, or basic network function if all of the following conditions apply:

(c) (intro.) Subdivision 2. Paragraph (b) does not apply to a telecommunications service, relevant group of services, or basic network function, that is used to provide broadband service and that is offered by a municipal telecommunications utility, if all of the following apply:

22,68 Section 68. 196.204 (5) (b) of the statutes is repealed.

22,69 Section 69. 196.204 (6) of the statutes is repealed.

22,70 Section 70. 196.205 (1) (c) of the statutes is created to read:

196.205 (1) (c) The articles of incorporation of the small telecommunications utility under s. 181.1001 or the articles of organization of the small telecommunications utility under s. 183.0203.

22,71 Section 71. 196.205 (1m) (intro.) of the statutes is renumbered 196.205 (intro.) and amended to read:

196.205 Election of rate regulation of telecommunications cooperatives. (intro.) A telecommunications cooperative or, an unincorporated telecommunications cooperative association, or a small telecommunications utility may elect to be subject to ss. 196.28 and 196.37 as they apply to any rate, toll, or charge and to ss. 196.02 (2), 196.09 (1), s. 196.11 (2), 196.20 and 196.26 in any of the following ways: