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.
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.
Ch. HFS 139 - Relating to qualifications of public health professionals employed by local health departments.
Ch. HFS 140 - Relating to required services of local health departments.
Ch. HSS 138 - Relating to subsidized health insurance premiums for certain persons with human immunodeficiency virus (HIV) infection.
Ch. NR 140 - Relating to groundwater quality standards.
Chs. Phar 1 to 8, 10 and 12 to 14 - Relating to pharmacists and pharmacies.
S. PSC 112.05 - Relating to electric construction by electric public utilities and extensions of electric service requiring Public Service Commission review and approval.
Ch. RR 1 - Relating to hearing procedures and practices of the Office of the Commissioner of Railroads.
Ch. RR 3 - Relating to railroad ratemaking.
S. DWD 12.25 - Relating to amendments to the Learnfare program.
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.
An order repealing and recreating chs. Comm 122 and 128, relating to the Physician and Health Care Provider Loan Assistance Programs.