(c) A telecommunications provider offering a telephone caller identification service shall provide per-line blocking in accordance with the conditions of service specified in subs. (2), (3), and (4).
(d) A telecommunications provider offering a telephone caller identification service that offers a per-line blocking feature to customers in addition to those specified in subs. (2), (3), and (4) may not charge for that per-line blocking feature.
(e) A telecommunications provider offering a telephone caller identification service shall conduct an information campaign in accordance with sub. (5) prior to offering the service.
(2) BLOCKING FOR VICTIMS OF DOMESTIC VIOLENCE.
(a) A telecommunications provider offering a telephone caller identification service shall provide per-line blocking on an optional basis at no additional charge to the following persons located within an area where such service is offered:
1. Any person protected by an injunction, temporary restraining order, or other court order relating to domestic abuse, harassment or child abuse issued in any jurisdiction in the United States.
2. Any organization designated by the commission as eligible to receive per-line blocking under ss. 196.207(2)(e)2 and 196.207(2)(e)3.
(b) Persons eligible for blocking under this subsection may specify the access lines subject to per-line blocking as follows:
1. An eligible individual may order per-line blocking for any access line, regardless of whether he or she is the listed subscriber for that access line, with a statement to the telecommunications provider, either orally or in writing, to the effect that the access line will be used by an eligible individual or organization, unless the subscriber of record for that access line declines the blocking service.
2. An eligible organization may order per-line blocking for the residential access line of any employee of the organization, or any residential access line designated by the eligible organization as serving a victim of domestic violence.
(3) BLOCKING FOR PUBLIC SAFETY AND SOCIAL SERVICE AGENCIES.
(a) A telecommunications provider offering a telephone caller identification service shall provide per-line blocking at no charge, upon written request, to any municipal, county, state or federal law enforcement agency, fire department, public social service agency or parole office within the exchange where such service is offered.
(b) An eligible agency under sub. (1) may order per-line blocking for any access line it designates, regardless of whether the agency is the listed subscriber, with a written request to the telecommunications utility to the effect that the access line will be used by that eligible agency for its official purposes, unless the subscriber of record for that access line declines the blocking service.
(c) An eligible agency under sub. (1) may order per-line blocking at no charge for any individual if the agency determines per-line blocking is necessary to prevent a threat of violence, or protect the safety of any person in that subscriber's household.
(4) RESALE. A telecommunications provider offering basic local exchange service to another telecommunications provider for purposes of resale, either through a tariff filed under s. 196.19, Stats., or through an interconnection agreement negotiated or arbitrated pursuant to 47 USC 251 and approved by the commission, may not condition, limit, or otherwise restrict the ability of the reseller or competitive local exchange carrier to offer per-line blocking, on an optional basis and at no additional charge, to any of its customers, except that the reseller or competitive local exchange carrier must comply with the minimum conditions of service in sub. (1).
(5) INFORMATION CAMPAIGN. (a) Any telecommunications provider proposing to offer a caller identification service in a given exchange shall conduct an information campaign in that exchange during the 60-day period preceding introduction of the service.
(b) The information campaign shall inform telephone users of the following:
1. The date on which a telephone caller identification service will become operational in a given exchange.
2. The procedure for operating the per-call blocking signal.
3. A discussion of the display device that is required with a telephone caller identification service, and the effect blocking will have upon the call display.
4. An explanation that blocking will not affect the operation of the 911 emergency telephone system.
5. Notification that additional information regarding the availability of customer premises equipment providing either automatic blocking or blocked call blocking functionality is available upon request.
6. An explanation of the out-of-area indications a subscriber may experience with a telephone caller identification service.
7. A telephone number for a customer service representative prepared to answer other questions about the telephone caller identification service.
(c) Any telecommunications provider proposing to offer a telephone caller identification service shall contact all eligible organizations it serves, by separate direct mail, to inform those organizations of their blocking privilege, as well as the blocking options of the individuals whom they serve, and ascertain whether the eligible organization desires per-line blocking.
(d) Any telecommunications provider proposing to offer a telephone caller identification service shall provide the required information in a press release to local media, and in a bill insert mailed to all subscribers in an exchange at least 20 days before introduction of such service.
(e) A telecommunications provider shall repeat this information campaign each time the provider substantially modifies the operation of the telephone caller identification service in a given service area.
PSC 165.23 Non-published and non-listed number services. A telecommunications provider offering basic local exchange service shall offer to its customers a non-listed and a non-published number service. The provider may establish a reasonable charge for the services.
PSC 165.24 Call detail. A telecommunications provider offering basic local exchange service on a measured or per-call basis shall offer to provide a summary of the local call detail as part of the local telephone bill. The provider may establish a reasonable charge for the service.
PSC 165.25 Call trace. A telecommunications provider offering basic local exchange service shall offer to its customers a tracing service to identify the source of unlawful, abusive and nuisance telephone calls. The provider may establish a reasonable charge for the service.
PSC 165.26 Subscriber list rental service. (1) A telecommunications provider offering basic local exchange service may furnish subscriber list information to third parties for a reasonable charge.
(2) A telecommunications provider may not include the name, address or other information pertaining to a telephone customer account for which the subscriber has subscribed to a non-published or non-listed number service without first obtaining the written authorization of the subscriber in question.
(3) Any telecommunications provider furnishing subscriber list information to third parties shall publish a telephone number that a subscriber may call to remove his or her subscriber list information from future subscriber list agreements.
(4) This section does not apply to the release of subscriber list information to the extent that release is required by 47 USC 222 (e), or by rules promulgated by the federal communications commission. This section does not apply to the sale or exchange of white pages listings to telecommunications providers for the purpose of preparing a white page directory of the local calling area for a given exchange.
PSC 165.27 Customer records. (1) GENERAL. A telecommunications provider offering basic local exchange service or basic message telecommunications service within the state shall not make available to any person, without obtaining prior written consent of the subscriber, any of the following information:
(a) The subscriber's call detail, including personal patterns and any listing of the telephone numbers or other access numbers called by the subscriber. This paragraph does not apply to calling name delivery or calling number delivery, subject to the restrictions in s. PSC 165.22, and does not apply to billing information concerning the person calling which federal law or regulation requires a telecommunications provider to furnish to the person called.
(b) The subscriber's credit or other personal financial information.
(c) The basic or optional telecommunications services which a subscriber has ordered from either a telecommunications provider or from an independent supplier of information services that uses telecommunications network facilities to provide the basic or optional telecommunications service to the subscriber.
(d) Demographic information about individual subscribers, or aggregate information from which individual identities and characteristics have not been removed.
(2) DISCLOSURE TO SUBSCRIBER. If a telecommunications provider releases information to a third party, with the consent of the subscriber under sub. (1), the provider shall inform the subscriber, upon request, of the identity of each person to whom the information has been released.
(3) RESCISSION. Any subscriber who has given consent for the release of personal information under sub. (1) may rescind this consent upon written notice to the telecommunications provider.
(4) EXCLUSIONS. This section does not apply to any of the following:
(a) Information provided by subscribers for inclusion in a telephone directory.
(b) Information provided through directory assistance service.
(c) Postal zip code information.
(d) Information provided to a collection agency by a telecommunications provider for the exclusive purpose of collecting unpaid debts owed the provider.
(e) Information disclosed to a dispatcher at a public safety answering point in the course of a telephone call to 911, or any other call communicating an imminent threat to life or property.
(f) Information provided to a law enforcement agency or other third party in response to a subpoena, court order or other lawful process.
(g) Information required by the commission pursuant to its jurisdiction over telecommunications providers.
(h) Information transmitted between telecommunications providers to the extent necessary to furnish telecommunications service between or within service areas.
(i) Information a telecommunications provider is required to release under the rules and orders of the commission, including information provided to another telecommunications provider to comply with s. PSC 165.051.
(j) Information a telecommunications provider is required to release by federal statute and the rules and orders of the federal communications commission.
(k) Subscriber list information and customer proprietary network information.
PSC 165.28 Customer proprietary network information. (1) A telecommunications provider offering basic local exchange service or basic message telecommunications service within the state that receives or obtains customer proprietary network information by virtue of its provision of a telecommunications service shall only use, disclose, or permit access to that customer proprietary network information in its provision of:
(a) The telecommunications service from which the information was derived.
(b) Services necessary to, or used in, the provision of the telecommunications service from which the information was derived, including the publishing of telephone directories.
(2) A telecommunications provider offering basic local exchange service or basic message telecommunications service within the state that receives or obtains customer proprietary network information by virtue of its provision of a telecommunications service shall disclose the customer proprietary network information for a given customer account, upon affirmative written request by the customer, to any person designated by the customer.
(3) This section does not apply to:
(a) The use, disclosure or access to aggregate customer information from which individual customer identities and characteristics have been removed to the extent that use, disclosure or access is permitted by 47 USC 222, or by rules promulgated by the federal communications commission.
(b) The use, disclosure or access to customer proprietary network information permitted by 47 USC 222 (d), or by rules promulgated by the federal communications commission.
PSC 165.29 Waiver. (1) Upon petition from a telecommunications provider regulated under this chapter, or upon its own motion, the commission may waive or modify application of a provision of this chapter as it applies to one or more providers if it finds that waiver or modification is in the public interest.
(2) If the commission receives a petition for a waiver, or decides to consider a waiver on its own motion, the commission shall issue a public notice and provide an opportunity for hearing.
(3) The commission's consideration of a waiver request shall include all of the following:
(a) The benefit of the provision to consumers of telecommunications services.
(b) The cost of the provision with respect to a specific telecommunications provider.
(c) The availability of any alternative regulatory procedures.
(d) If the waiver request concerns a small business as defined in ss. 227.114 (1) and 196.216, Stats., the factors specified in s. 227.114 (2), Stats.
PSC 165.30 Telecommunications privacy council. (1) GENERAL. The commission shall appoint a telecommunications privacy council consisting of representatives of the telecommunications industry and consumers of telecommunications services.
(2) MEMBERSHIP. The council shall consist of 13 members. The commission shall appoint those members as follows:
(a) The attorney general or a designee.
(b) The secretary of the department of administration or a designee.
(c) The cochairpersons of the joint committee on information policy or their designees.
(d) Four members from the telecommunications industry.
(e) Five members from the general public representing residential and business users.
(3) STAFF ASSISTANCE. The commission shall assign staff members as needed to facilitate the work of the council. The commission shall appoint a member of the commission staff to serve as staff liaison for the council. The liaison shall be a non-voting member and shall:
(a) Assist the council in obtaining subject matter expertise in the area of telecommunications privacy.
(b) Maintain the official record of the council, including membership, minutes of meetings, agenda and reports.
(c) Assist the chairperson in planning the agenda, time and place of meetings.
(d) Provide other administrative assistance as requested by the council.
(4) TERM. Members, other than those members appointed from the department of justice, the department of administration, and the joint committee on information policy, shall serve for three years.
(5) ORGANIZATION. The council shall elect from its membership a chairperson. Such elections shall be held at the first meeting of each calendar year. The term of office for these positions shall be one year.
(6) DUTIES. The telecommunications privacy council shall advise the commission concerning the administration of s. 196.209, Stats., the content of administrative rules adopted pursuant to s. 196.209 (1), Stats., and any other matters assigned to the council by the commission.
(7) MEETINGS. The telecommunications privacy council shall meet at least once each year.
(8) REIMBURSEMENT. Members of the telecommunications privacy council shall serve without compensation. Members, other than those members from the department of justice, the department of administration, the joint committee on information policy and the telecommunications industry, shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties as part of the telecommunications privacy council, subject to any budget guidelines the commission may adopt.
(9) BYLAWS. The telecommunications privacy council may adopt bylaws appropriate for the operation of the council.
