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29. 196.196 of the statutes is repealed.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31. 196.198 (2) (b) of the statutes is repealed.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:
22,72
Section
72. 196.205 (1m) (a) of the statutes is renumbered 196.205 (1) (intro.) and amended to read:
196.205 (1) (intro.) By amendment of any of the following:
(a) The articles of incorporation of the cooperative under s. 185.51 or the.
(b) The articles of organization of the association under s. 193.221.
22,73
Section
73. 196.205 (1m) (c) of the statutes is renumbered 196.205 (2m) (intro.) and amended to read:
196.205 (2m) (intro.) By a majority of any of the following:
(a) The voting members of the board of directors of the cooperative or, association, or small telecommunications utility.
22,74
Section
74. 196.205 (2) of the statutes is repealed.
22,75
Section
75. 196.205 (2m) (b) of the statutes is created to read:
196.205 (2m) (b) If a small telecommunications utility is organized as a limited liability company, the voting members of the small telecommunications utility.
22,76
Section
76. 196.206 of the statutes is created to read:
196.206 Interconnected voice over Internet protocol service. (1) Exemptions. An interconnected voice over Internet protocol service is not subject to this chapter, except as provided in this section, and except that an interconnected voice over Internet protocol service is subject to ss. 196.01, 196.016, 196.025 (6), 196.199, 196.218 (3), 196.858, and 196.859, and except as required for the commission to administer and enforce this section.
(2) Universal service fund. An entity that provides interconnected voice over Internet protocol service in this state shall make contributions to the universal service fund based on its revenues from providing intrastate interconnected voice over Internet protocol service. The revenues shall be calculated using the entity's actual intrastate revenues, a provider-specific traffic study approved by the commission or federal communications commission, or the inverse of the interstate jurisdictional allocation established by the federal communications commission for the purpose of federal universal service assessments. To the extent applicable, the calculation of the intrastate revenues of an entity that provides interconnected voice over Internet protocol service shall be based on the primary physical service address identified by the customer.
(3) Intrastate switched access rates. (a) Unless otherwise provided under federal law, an entity that provides an interconnected voice over Internet protocol service shall pay intrastate switched access rates in connection with the interconnected voice over Internet protocol services that it provides to the same extent that any telecommunications provider is obligated to pay intrastate switched access rates in connection with the telecommunications services that it provides.
(b) Unless otherwise provided under federal law, an entity that provides an intrastate switched access service in connection with interconnected voice over Internet protocol services shall be subject to s. 196.191 with respect to such intrastate switched access service and may charge intrastate switched access rates to the same extent that any telecommunications provider may charge intrastate switched access rates in connection with the intrastate switched access services that it provides.
