(b) In the aggregate, the providers identified in par. (a) actively provide basic local exchange service or business access line and usage, and the total number of such access lines equals or exceeds 1 percent or more of the total of access lines of the incumbent telecommunications utilities in use in the geographical area at issue. The commission may chose any reasonable date and method for obtaining access line counts for purposes of this paragraph.
PSC 178.06 Fresh-Look Procedure. Fresh-look procedures that the commission has ordered to be inserted in tariffs pursuant to s. PSC 178.05 (1) shall comply with the following provisions:
(1) The tariff for a category of contract under s. 196.194 (1), Stats., shall provide for a fresh-look period of 240 days commencing on the date specified by the commission in the order for fresh-look procedures.
(2) The incumbent telecommunications utility shall transmit written notice of the fresh-look period to all affected contract customers not less than 15 days before the effective date of the tariff provisions containing fresh-look procedures. The text of the notice shall be as set forth in the order, or as prepared by the staff upon direction of the commission, and shall advise customers of the procedures and responsibilities of providers and customers under this chapter with respect to compliance with fresh-look procedures.
(3) A customer shall have a period of 240 days from the date specified by the commission pursuant to sub. (1) in which to exercise its option to terminate its existing contract or contracts with the incumbent telecommunications utility and execute one or more new contracts with a competing facilities-based telecommunications provider. The customer and the telecommunications utility shall comply with the following requirements:
(a) If the customer is considering the termination of any current contract, it shall notify the telecommunications utility in writing by certified mail, return receipt, of its present intention to use fresh-look procedures to terminate one or more contracts with the telecommunications utility. This notice shall be mailed not later than the 90th day of the fresh-look period, and shall include the customer's projected termination date for each contract at issue. If the notice is not timely mailed in strict compliance with this paragraph, the customer may not use fresh-look procedures in this chapter.
(b) The telecommunications utility shall furnish in writing to the customer within 20 days of the date of the receipt of the notice described in par. (a), a good faith estimate of the termination compensation, as computed in sub. (4), for the contract services for the period of projected actual contract performance, as determined using the customer's projected termination date.
(c) The customer shall notify the telecommunications utility in writing of its actual termination of a contract, and shall state in the notice the last date of service from the utility. The notice shall be sent by certified mail, return receipt, on or before the 240th day of the fresh-look period.
(d) In the absence of a complaint for dispute resolution under s. PSC 178.07, the good faith estimate of termination compensation shall be due and owing to the incumbent telecommunications utility as of the 30th day after the termination date, unless a mutually acceptable payment date is otherwise agreed upon by the parties in writing.
(e) Except where established practice dictates otherwise, addressees for notices described in this subsection shall be those identified in a contract as appropriate for the subject matter of contract termination.
(4) Upon receipt of the notice described in sub. (2), an incumbent telecommunications utility shall compute good faith termination compensation of the contract based as nearly as practicable on its own pricing for similar contracts. A “similar contract" is one that is for the same principal services, is entered into within 180 days before or after the date of the original customer contract, and is for a period of time that is within 90 days of the length of the actual performance projected for the contract to be terminated under this chapter. Termination penalties imposed by the original contract may not be included. Reasonable service termination costs relating to actual and necessary physical facility termination arrangements that are authorized in a contract may be included in termination compensation.
(5) If the price for the period of actual performance period exceeds the price paid under the contract for that period, then interest may be added by the incumbent telecommunications utility to establish the total due from the customer. Interest shall be calculated on accrued amounts due according to the payment terms of the contract, using the prime rate as published in the Wall Street Journal on the nearest date preceding a contractually specified payment due date. The commission may designate by order a substitute index for establishing the applicable prime rate for interest.
(6) A telecommunications utility subject to a fresh-look procedure termination shall not remove, alter, or render unusable network facilities used exclusively to serve the customer, except as accepted by generally recognized telecommunications industry engineering standards relating to safe, economical, or efficient use or operation of network facilities when services are terminated, or for immediate reuse elsewhere in the utility's network.
(7) The incumbent telecommunications utility shall retain for not less than three years from date of contract termination all documentation for its good faith termination compensation estimate, and shall furnish copies of the documentation immediately upon demand of either the customer or the commission. Documentation will be deemed adequate if it furnishes all relevant assumptions and calculations and sets forth when necessary those judgments determining similar contracts appropriate for the computation of the good faith estimate.
PSC 178.07 RESOLUTION OF TERMINATION DISPUTES. (1) If a customer disputes a good faith termination compensation estimate, it may file a complaint for dispute resolution under this section, and shall not be obliged to make payment of termination compensation until the complaint is resolved. If a customer files a complaint under this section, interest compounding per s. PSC 178.06 (5) shall cease as of the date of termination of the utility's contract services, and thereafter only interest at the applicable legal rate shall apply, unless otherwise agreed by the parties in writing.
(2) A customer shall file a complaint for dispute resolution with the commission no later than 15 days after the actual termination of contract services by the incumbent telecommunications utility, or if services are not terminated, no later than 15 days after the last projected termination date set by the customer in compliance with these rules.
(3) Upon receipt of a complaint, the commission may elect to do either one or both of the following:
(a) Mediate the dispute between the customer and the telecommunications utility.
(b) Order the parties to enter arbitration governed by the American Arbitration Association to enter a final award. The final award shall be reviewable by any court of competent jurisdiction. If such arbitration is ordered, the costs of arbitration shall be paid by the incumbent telecommunications utility initially, but upon completion of the arbitration, the prevailing party shall recover all of its costs but no attorney's fees.
PSC 178.08 CONTRACTS GENERALLY. Any provisions in a tariff filed pursuant to s. 196.194(1), Stats., or in a contract executed pursuant to that section, shall be null and void if they provide for any procedure materially differing from the procedure in this chapter, or have as their primary effect or purpose the impairment or elimination of the right of a customer to use the fresh-look procedures provided in this chapter.
PSC 178.09 FRESH-LOOK PROCEDURES AFFECTING SMALL TELECOMMUNICATIONS UTILITIES. Upon any petition or motion of the commission as provided in s. PSC 178.03, or upon application by a telecommunications provider for a certificate of authority that requires a determination under s. 196.50 (1) (b), Stats., an affected small telecommunications utility may in such proceeding request that the commission determine whether or not the application of any or all of the provisions of this chapter should, in the public interest, be modified, temporarily suspended, or canceled. In making its determination, the commission shall consider any relevant factor identified in s. 196.03 (6) (a) - (g), Stats., whether users of telecommunications services generally would experience a significant adverse economic impact, and any other relevant factor.
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Agriculture, Trade & Consumer Protection (CR 97-38):
Chs. ATCP 70, 71, 74, 75 and 80 - Relating to food and dairy license fees.
S. NR 24.09 - Relating to commercial clamming on the Wisconsin-Minnesota and Wisconsin-Iowa boundary waters and clamming on all waters.
SS. NR 10.02, 27.03 and 27.06 - Relating to the timber rattlesnake.
S. Tax 11.15 - Relating to the Wisconsin sales and use tax as it applies to containers.
Ch. Trans 300 - Relating to the transportation of schoolchildren.
Ch. Trans 276 - Relating to allowing the operation of “double bottoms” (and certain other vehicles) on certain specified highways.
S. DWD 80.02 - Relating to reports from insured employers, self-insured employers and insurance carriers.
Administrative Rules Filed With The
Revisor Of Statutes Bureau
The following administrative rules have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication of these rules could be delayed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rules.
Chiropractic Examining Board (CR 95-59):
An order affecting ss. Chir 6.015 and 6.02, relating to advertising.
An order affecting ss. DOC 308.01, 308.03 and 308.04, relating to the administrative confinement of inmates.
An order affecting ss. DOC 309.24, 309.37, 309.38 and 309.39, relating to food, hygiene, and living quarters for inmates.
Dietitians Affiliated Credentialing Board (CR 97-61):
An order affecting s. DI 2.01, 2.02, 2.03, 2.04, 3.01 and 4.01, relating to certification of dietitians.
Funeral Directors Examining Board (CR 96-183):
An order creating ch. FD 6, relating to the registration and regulation of agents authorized to represent funeral directors or funeral establishments in the sale or solicitation of burial agreements that are funded with the proceeds of a life insurance policy.
An order repealing and recreating ch. HFS 163, relating to certification to perform lead (Pb) abatement, other lead hazard reduction work and lead management activities, accreditation of training courses for individuals performing those activities and approval of training course managers, principal instructors and guest instructors.
An order affecting ss. NR 46.16, 46.18, 46.24 and 46.30, relating to the administration of the Forest Crop Law and the Managed Forest Law.
An order affecting chs. PI 3 and 4 and s. PI 8.01, relating to teacher certification requirements and certification program requirements.
An order affecting chs. RL 30 to 35, relating to credentialing requirements and procedures for private detective agencies, private detectives and private security persons.
An order affecting ss. Tax 11.001, 11.002, 11.01, 11.35 and 11.97, relating to registering for and reporting Wisconsin sales and use taxes.
An order affecting ss. Tax 11.39 and 11.41, relating to the Wisconsin sales and use tax as it applies to manufacturers.
An order affecting s. Tax 11.14, relating to the use of exemption certificates.
An order affecting ss. Tax 11.05 and 11.86, relating to the Wisconsin sales and use tax treatment of landscaping services and sales and purchases by governmental units and the use of exemption certificates.
An order renumbering ch. HSS 215 to be ch. DWD 15, creating ch. DWD 12, and affecting ss. DWD 15.03 and 56.04, relating to the Wisconsin Works (W-2) program.