(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78. 196.213 of the statutes is repealed.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79. 196.215 of the statutes is repealed.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:
196.218 (3) (f) Notwithstanding ss. 196.196 (1) and (5) (d) 2., 196.20 (2m), (5) and (6), 196.213 and 196.215, a A telecommunications utility that provides local exchange service may make adjustments to local exchange service rates for the purpose of recovering its contributions to the universal service fund required under this subsection. A telecommunications utility that adjusts local exchange service rates for the purpose of recovering such contributions shall identify on customer bills a single amount that is the total amount of the adjustment. The public service commission shall provide telecommunications utilities the information necessary to identify such amounts on customer bills.
22,84
Section
84. 196.218 (4) of the statutes is repealed and recreated to read:
196.218
(4) Essential telecommunications services. (a) Each telecommunications provider that is designated as an eligible telecommunications carrier pursuant to
47 USC 214 (e) shall make available to its customers all essential telecommunications services. A telecommunications provider may satisfy this paragraph by providing essential telecommunications services itself or through an affiliate and in either case may provide essential telecommunications services through the use of any available technology or mode.
(b) Notwithstanding par. (a), if a commercial mobile radio service provider is designated or seeks designation as an eligible telecommunications carrier pursuant to
47 USC 214 (e) for the purpose of federal universal service funding and not for the purpose of state universal service funding, the commercial mobile radio service provider is not subject to any eligible telecommunications carrier requirements imposed by the commission and shall be subject only to the eligible telecommunications carrier requirements imposed by
47 USC 214 (e) (1) and regulations and orders of the federal communications commission implementing
47 USC 214 (e) (1).
22,85
Section
85. 196.218 (5) (a) 2. of the statutes is repealed.
22,86
Section
86. 196.218 (5) (b) of the statutes is amended to read:
196.218 (5) (b) The commission shall promulgate rules to determine whether a telecommunications provider, the customers of a telecommunications provider or another person shall be assisted by the universal service fund for any use under par. (a) 1. to and 4.
22,87
Section
87. 196.218 (5) (c) 5. of the statutes is amended to read:
196.218 (5) (c) 5. The extent to which the fund preserves and promotes an available and affordable basic set of essential telecommunications services, encourages access to the advanced service capabilities of a modern telecommunications infrastructure throughout the state and promotes economic development.
22,88
Section
88. 196.218 (5r) (a) 1. of the statutes is amended to read:
196.218 (5r) (a) 1. The affordability of and accessibility to a basic set of essential telecommunications services and of advanced service capabilities throughout this state.
22,89
Section
89. 196.218 (5r) (a) 4. of the statutes is amended to read:
196.218 (5r) (a) 4. An assessment of how successful investments identified in s. 196.196 (5) (f), assistance provided by the universal service fund, and price regulation and other alternative incentive regulations of telecommunications utilities designed to promote competition have been in advancing the public interest goals identified under s. 196.03 (6), and recommendations for further advancing those goals.
22,90
Section
90. 196.219 (1) (b) of the statutes is amended to read:
196.219 (1) (b) "Local exchange service" has the meaning given in s. 196.50 (1) (b) 1. includes access service, basic local exchange service, and business access line and usage service within a local calling area.
22,91
Section
91. 196.219 (2) (a) of the statutes is amended to read:
196.219 (2) (a) Notwithstanding any exemptions identified in this chapter except s. ss. 196.202, 196.203, 196.206, and 196.50, a telecommunications utility or provider shall provide protection to its consumers under this section unless exempted in whole or in part by rule or order of the commission under this section. The commission shall promulgate rules that identify the conditions under which provisions of this section may be suspended.
22,92
Section
92. 196.219 (2m) of the statutes is repealed.
22,93
Section
93. 196.219 (2r) of the statutes is created to read:
196.219 (2r) Switched access rates. Any reduction in intrastate switched access rates ordered by the commission prior to the effective date of this subsection .... [LRB inserts date], including any reduction ordered pursuant to s. 196.195, 2009 stats., shall remain effective unless modified by the commission in a subsequent order, or unless the ordered reduction is inconsistent with the requirements of s. 196.212.
22,94
Section
94. 196.219 (3) (h) of the statutes is repealed.
22,95
Section
95. 196.25 (1) of the statutes is amended to read:
196.25 (1) If a public utility, other than a public utility that is a telecommunications provider, receives from the commission any questionnaire, the public utility shall respond fully, specifically and correctly to each question. If a public utility is unable to answer any question, the public utility shall give a good and sufficient reason for its failure. Every answer by a public utility under this section shall be verified under oath by the president, secretary, superintendent or general a manager of the public utility and returned to the commission at its office within the period fixed by the commission.
22,96
Section
96. 196.25 (2) of the statutes is amended to read:
196.25 (2) If required by the commission, a public utility, other than a public utility that is a telecommunications provider, shall deliver to the commission the original or a copy of any map, profile, contract or engineer's report and any other document, book, account, paper or record with a complete inventory of all its property, in such form as the commission directs.
22,97
Section
97. 196.25 (3) of the statutes is amended to read:
196.25 (3) If a telecommunications provider receives a questionnaire from the commission, the telecommunications provider shall respond specifically, correctly and fully to each question that relates to a matter over which the commission has jurisdiction. If a telecommunications provider is unable to answer any question, the telecommunications provider shall give a good and sufficient reason for its failure. Answers shall be verified under oath by the president, secretary, superintendent or general a manager of the telecommunications provider. A completed questionnaire shall be returned to the commission within the time period specified by the commission.
22,98
Section
98. 196.26 (1) (a) of the statutes is amended to read:
196.26 (1) (a) A complaint filed with the commission that any rate, toll, charge, or schedule, joint rate, regulation, measurement, act, or practice relating to the provision of heat, light, water, or power, or telecommunications service is unreasonable, inadequate, unjustly discriminatory, or cannot be obtained.
22,99
Section
99. 196.26 (4) of the statutes is repealed.
22,100
Section
100. 196.28 (4) of the statutes is amended to read:
196.28 (4) This section does not apply to rates, tolls or charges of a telecommunications cooperative, an unincorporated telecommunications cooperative association, or a small telecommunications utility except as provided in s. 196.205 or 196.215 (2).
22,101
Section
101. 196.31 (1m) of the statutes is amended to read:
196.31 (1m) The commission shall compensate any consumer group or consumer representative for all reasonable costs of participating in a hearing under s. 196.196 (1) (g) or 196.198.
22,102
Section
102. 196.37 (3) of the statutes is amended to read:
196.37 (3) Any public utility to which an order under this section applies shall make such changes in schedules on file under s. 196.19 to make the schedules conform to the order. The public utility may not make any subsequent change in rates, tolls or charges without the approval of the commission, except as provided in s. 196.205 or 196.215 (2).
22,103
Section
103. 196.37 (4) of the statutes is amended to read:
196.37 (4) This section does not apply to rates, tolls or charges of a telecommunications cooperative, an unincorporated telecommunications cooperative association, or a small telecommunications utility except as provided in s. 196.205 or 196.215 (2).
22,104
Section
104. 196.49 (1) (ag) of the statutes is repealed.
22,105
Section
105. 196.49 (3) (b) (intro.) of the statutes is amended to read:
196.49 (3) (b) (intro.) Except as provided in par. (d), the The commission may require by rule or special order under par. (a) that no project may proceed until the commission has certified that public convenience and necessity require the project. The commission may refuse to certify a project if it appears that the completion of the project will do any of the following:
22,106
Section
106. 196.49 (3) (d) of the statutes is repealed.
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.
