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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.
22,77 Section 77. 196.212 of the statutes is created to read:
196.212 Switched access rates. (1) Definitions. In this section:
(a) "Affiliate" means any person, corporation, company, cooperative, unincorporated cooperative association, partnership, association, or other entity that is controlled by, or is under common control with, a telecommunications provider or telecommunications utility.
(b) "Large incumbent local exchange carrier" means an incumbent local exchange carrier that, with any affiliates that are incumbent local exchange carriers operating in the state, in total had 150,000 or more access lines in use in this state as of January 1, 2010.
(c) "Large nonincumbent" means a telecommunications provider that is not an incumbent local exchange carrier, that had 10,000 or more access lines in use in this state as of January 1, 2010, and that was granted an initial certification by the commission pursuant to s. 196.203 or 196.50 before January 1, 2011.
(d) "New nonincumbent" means a telecommunications provider, other than an alternative telecommunications utility certified under s. 196.203 pursuant to s. 196.50 (2) (j) 1. a., that is not an incumbent local exchange carrier and that was granted an initial certification by the commission pursuant to s. 196.203 or 196.50 on or after January 1, 2011.
(e) "Small incumbent local exchange carrier" means an incumbent local exchange carrier that, with any affiliates that are incumbent local exchange carriers operating in the state, in total had fewer than 150,000 access lines in use in this state as of January 1, 2010.
(f) "Small nonincumbent" means a telecommunications provider that is not an incumbent local exchange carrier, that had fewer than 10,000 access lines in use in this state as of January 1, 2010, and that was granted an initial certification by the commission pursuant to s. 196.203 or 196.50 before January 1, 2011.
(2) New nonincumbents and large nonincumbents. (a) New nonincumbents. Within 30 days of the effective date of this paragraph .... [LRB inserts date], a new nonincumbent may not charge intrastate switched access rates that are higher than its interstate switched access rates.
(b) Large nonincumbents. 1. Except for an increase in intrastate switched access rates under s. 196.191 (2) (d) 2. a. or (3) (b) in order to mirror its interstate switched access rates, a large nonincumbent may not charge intrastate switched access rates higher than the intrastate switched access rates it charged on January 1, 2011.
2. A large nonincumbent shall reduce its intrastate switched access rates as follows:
a. No later than 4 years after the effective date of this subd. 2. a. .... [LRB inserts date], the large nonincumbent shall reduce its intrastate switched access rates by an amount equal to 33 percent of the difference between its intrastate switched access rates in effect prior to the reduction and its interstate switched access rates in effect prior to the reduction.
b. No later than 5 years after the effective date of this subd. 2. b. .... [LRB inserts date], the large nonincumbent shall further reduce its intrastate switched access rates by an amount equal to 50 percent of the difference between its intrastate switched access rates in effect prior to the reduction and its interstate switched access rates in effect prior to the reduction.
c. No later than 6 years after the effective date of this subd. 2. c. .... [LRB inserts date], the large nonincumbent shall further reduce its intrastate switched access rates in order to mirror its interstate switched access rates in effect prior to the reduction and, beginning no later than that date, may not charge intrastate switched access rates that are higher than its interstate switched access rates.
(3) Large incumbent local exchange carriers. A large incumbent local exchange carrier shall reduce its intrastate switched access rates to no higher than the large incumbent local exchange carrier's interstate switched access rates as follows:
(a) Beginning on the effective date of this paragraph .... [LRB inserts date], the large incumbent local exchange carrier may not charge intrastate switched access rates higher than the intrastate switched access rates it charged on January 1, 2011.
(b) No later than 2 years after the effective date of this paragraph .... [LRB inserts date], the large incumbent local exchange carrier shall reduce its intrastate switched access rates by an amount equal to 25 percent of the difference between its intrastate switched access rates in effect prior to the reduction and its interstate switched access rates in effect prior to the reduction.
(c) No later than 3 years after the effective date of this paragraph .... [LRB inserts date], the large incumbent local exchange carrier shall further reduce its intrastate switched access rates by an amount equal to 33 percent of the difference between its intrastate switched access rates in effect prior to the reduction and its interstate switched access rates in effect prior to the reduction.
(d) No later than 4 years after the effective date of this paragraph .... [LRB inserts date], the large incumbent local exchange carrier shall further reduce its intrastate switched access rates by an amount equal to 50 percent of the difference between its intrastate switched access rates in effect prior to the reduction and its interstate switched access rates in effect prior to the reduction.
(e) No later than 5 years after the effective date of this paragraph .... [LRB inserts date], the large incumbent local exchange carrier shall further reduce its intrastate switched access rates in order to mirror its interstate switched access rates in effect prior to the reduction and, beginning no later than that date, may not charge intrastate switched access rates that are higher than its interstate switched access rates.
(4) Limited commission review. (a) Notwithstanding any other provision of this chapter, except to enforce this section and ss. 196.191(2) (d) 2. a. and 196.219 (2r), and except to enforce s. 196.191 (3) (b) only to allow an increase in intrastate switched access rates in order to mirror interstate switched access rates, the commission may not investigate, review, or set the intrastate switched access rates of large nonincumbents, new nonimcumbents, and large incumbent local exchange carriers.
(b) Notwithstanding any other provision of this chapter except to enforce ss. 196.191 (2) (d) 2. and 196.219 (2r), during the 4-year period beginning on the effective date of this paragraph .... [LRB inserts date], the commission may not investigate, review, or set the intrastate switched access rates of small incumbent local exchange carriers.
(c) Notwithstanding any other provision of this chapter except to enforce ss. 196.191 (2) (d) 2. and 196.219 (2r), during the 3-year period beginning on the effective date of this paragraph .... [LRB inserts date], the commission may not investigate, review, or set the intrastate switched access rates of small nonincumbents.
(5) Enforcement. Notwithstanding any other provision of this chapter, the commission shall have jurisdiction to enforce payment of intrastate switched access rates set forth in a tariff required under s. 196.191 (1) or a contract for intrastate switched access service allowed under 196.191 (6).
(6) Application. The intrastate switched access rate reductions required by this section apply to any entity subject to those rates, regardless of the technology or mode used by that entity to provide its telecommunications services.
22,78 Section 78. 196.213 of the statutes is repealed.
22,79 Section 79. 196.215 of the statutes is repealed.
22,80 Section 80. 196.218 (1) (a) of the statutes is created to read:
196.218 (1) (a) "Essential telecommunications services" means the services or functionalities listed in 47 CFR 54.101 (a) as of January 1, 2010.
22,81 Section 81. 196.218 (1) (c) of the statutes is amended to read:
196.218 (1) (c) "Universal service" includes the availability of a basic set of essential telecommunications services and access to advanced service capabilities of a modern telecommunications infrastructure anywhere in this state.
22,82 Section 82. 196.218 (3) (a) 3m. of the statutes is amended to read:
196.218 (3) (a) 3m. Contributions under this paragraph may be based only on the gross operating revenues from the provision of broadcast services identified by the commission under subd. 2. and on intrastate telecommunications services in this state of the telecommunications providers subject to the contribution. Contributions based on revenues from interconnected voice over Internet protocol service shall be calculated as provided under s. 196.206 (2).
22,83 Section 83. 196.218 (3) (f) of the statutes is amended to read:
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