Register January 2014 No. 697
Chapter PSC 168
TELECOMMUNICATIONS RESELLERS AND RESALE
Services available for resale.
Providers subject to reseller certification.
Continuation of certification.
Compliance with statutes.
General notification requirement.
Reports and requests for information.
Revocation of certification.
Voluntary surrender of certification.
Ch. PSC 168 Note
Note: Chapter PSC 168 as it existed on November 30, 1997, was repealed and a new chapter PSC 168 was created effective December 1, 1997.
The purpose of this chapter is to set forth the regulation of resellers and resale, to identify those entities that are telecommunications providers that must be certified as resellers under s. 196.01 (1d) (c)
, Stats., and to state the requirements for consideration of petitions from telecommunications providers requesting certification as alternative telecommunications utility resellers. Regulations regarding the provision of operator services by telecommunications resellers and providers of private pay telephone services are specified. This chapter also describes the telecommunications services of telecommunications utilities and specified alternative telecommunications utilities that are, or are not, available for resale. This chapter sets forth procedures for petitioning to add or remove a service from those available for resale, or to impose, remove, or modify any restriction or condition unreasonably impairing the ability of a reseller to resell a specific telecommunications service. This chapter addresses neither the right nor the manner by which a telecommunications utility may secure or claim an exemption, suspension, or modification of the duty to resell, as addressed in s. 196.219 (2)
, Stats., and 47 USC 251
Nothing in this chapter shall preclude special and individual consideration being given to exceptional or unusual situations and upon due investigation of the facts and circumstances involved, the adoption of requirements as to individual providers or services that may be lesser, greater, other or different than those provided in this chapter.
PSC 168.01 History
Cr. Register, November, 1997, No. 503
, eff. 12-1-97.
PSC 168.02 Definitions.
In this chapter:
“Alternative telecommunications utility reseller" means that category of telecommunications provider referred to in s. 196.01 (1d) (c)
“Collect call" means a call paid for by the party receiving the call where the receiving party does not have a standing arrangement for reversed charge calling.
“Control of transmission facilities" includes leasing transmission facilities, but does not include the use of transmission facilities obtained pursuant to tariff filed under any provision of ch. 196, Stats.
, or an agreement under 47 USC 252
approved by the commission.
PSC 168.02 Note
Note: “Dark fiber" leases or rental agreements that identify specific facilities constitute control of transmission facilities. In contrast, however, a long-term subscription to, or putative “lease" of, a transmission service, e.g., a “lease" of DS-3 transmission capacity, does not constitute control of transmission facilities, even though the nature of the service is largely defined by reference to the principal facility involved.
“Customer dialed calling card call" means a call which is dialed by the customer, and for which the customer enters a calling card number directly, without operator intervention.
“Holding company" has the meaning given in s. 196.795 (1) (h)
, Stats., and includes for purposes of this chapter only any company which owns, operates, manages or controls a telecommunications utility.
“Holding company system" has the meaning given in s. 196.795 (1) (i)
, Stats., and includes for purposes of this chapter only a telecommunications utility as a public utility.
“Operator assisted calling card call" means a call which is dialed by the customer and paid for with a calling card, but which requires operator intervention.
“Pay telephone service provider" means a person who owns or leases a pay telephone located on property owned or leased by that person and telecommunications providers furnishing customer-owned, coin-operated telephones, also commonly known as “COCOTs" or COCOT providers, but does not include telecommunications utilities or telecommunications carriers.
“Person to person call" means a call in which the calling party requests to speak to a particular person, and the call is put through only if that person comes to the telephone.
“Telecommunications reseller" or “reseller" means a telecommunications provider that resells message or wide-area telecommunications services or other telecommunications services approved for resale pursuant to this chapter or commission order, and includes the following:
Alternative telecommunications utilities authorized to engage in resale.
Pay telephone service providers, as defined in sub. (9)
, that provide operator services, resale of telecommunications services, or both.
For purposes of s. PSC 168.03
only, telecommunications carriers and telecommunications utilities certificated pursuant to s. 196.50 (2)
, Stats., when engaged in reselling services of another telecommunications provider.
“Telecommunications service," for purposes of this chapter, means a telecommunications service, as defined in s. 196.01 (9m)
, Stats., that must be offered in a tariff pursuant to state or federal statute, or a rule or order of the commission or the federal communications commission.
PSC 168.02 Note
The Wisconsin statutes requiring tariffs are ss. 196.19
and 196.194 (1)
, Stats. The latter permits the execution of individual customer contracts, provided an authorizing tariff complying with the requirements of s. 196.194 (1)
, Stats., is filed with the commission.
“0" or “0-" or “0 minus" call means a call for which the caller only dials “0," and does not dial additional digits.
“0+" or “0 plus" call means a call for which the caller dials “0" and additional digits such as on a calling card call when the caller dials “0" and then the telephone number.
PSC 168.02 History
Cr. Register, November, 1997, No. 503
, eff. 12-1-97.
PSC 168.03 Services available for resale. PSC 168.03(1)(1)
Whether offered at wholesale, retail, or both, all telecommunications services of telecommunications utilities and of alternative telecommunications utilities that are required to allow resale by commission rule or order are approved for resale by resellers, except the following:
Telecommunications services offered in a market trial. “Market trial" means an offering of a new service for technical or market feasibility testing for a period not exceeding one year, and is offered only to a small subgroup of all intended customers.
Telecommunications services offered at promotional rates that are restricted against resale by the offering utility. “Promotional rate" means a temporary price discount or other incentive offered to customers that will be effective for not more than 90 days for the purpose of encouraging the purchase of new or additional telecommunications services.
Telecommunications services offered at a discount to institutions providing educational, library and health care services, as defined in 47 USC 254
and any rules of the commission or federal communications commission implementing that statute.
Telecommunications services that have been grandfathered, unless the services are resold to customers that are eligible for the grandfathered services. In such cases, the reseller shall be charged no more than the grandfathered price, less any applicable wholesale discount and any other discounts, such as for volume or term, for which the reseller qualifies.
PSC 168.03 Note
Consistent with the last sentence of s. PSC 168.01 (1)
, this subsection does not compel the creation of a wholesale rate, when, for example, a small telecommunications utility is claiming that it is a rural telephone company exempt from such duty under the provisions of 47 USC 153
(37) and 251
Where prices for residential services are set below those for similar business services, telecommunications services bought at residential rates may not be resold to business customers.
Upon its own motion, or upon petition by a reseller telecommunications provider, or other interested person, the commission may investigate the resale or potential resale of a service that is offered by a telecommunications utility or an alternative telecommunications utility and is not identified in sub. (1)
. The commission may determine whether the service should be ordered available for resale, what terms, restrictions and conditions, if any, are necessary or appropriate for resale, and whether under 47 USC 251
any present or proposed term, restriction, or condition unreasonably impairs the resale of the service. The commission may issue an order to protect or promote the public interest. An order may approve, restrict, condition, or remove a restriction on, the resale of a service.
PSC 168.03 Note
This paragraph authorizes the commission to broadly deal with tariff terms and conditions that in operation unreasonably impair the ability of a reseller to resell a tariffed telecommunications service, as defined in s. PSC 168.02 (13)
. To be subject to this paragraph, a tariff need not contain an explicit restriction against resale, which is prohibited by s. PSC 168.03 (1)
The ownership or management of a private shared telecommunications system, as defined in s. 196.201 (1)
, Stats., by itself does not constitute resale of telecommunications services for purposes of this chapter, provided the resold services are furnished only to retail end-user customers at a discrete premises, such as a building complex or multi-tenant office building, served by the private shared telecommunications system.