Wisconsin Legislature: Register518B

1. Designation is provided for a location provider with an existing contract for the provision of a pay telephone.

2. The applicant for the public interest pay telephone has a signed contract with a pay telephone provider.

3. The pay telephone would otherwise exist as a result of the operation of the competitive market.

4. There is another pay telephone located within 500 feet.

5. The pay telephone is a coinless type.

6. The location provider on whose property the phone is located will receive compensation from another source related to the placement of the pay telephone or revenues generated from the pay telephone.

(4) The charges for provision of basic service and equipment for a public interest pay telephone shall be eligible for recovery from the federal and state universal service funds. The state universal service fund shall only cover the costs not covered by the federal fund.

SECTION 46. PSC 160.075(3) is amended to read:

(3) Pay All pay telephone service providers and local exchange service providers are responsible for compliance with all federal and state standards regarding usability of their pay telephones for individuals with disabilities.

SECTION 47. PSC 160.075(5) is created to read:

(5) Information on how to report non-compliance or any other complaint under sub. (3) will be posted at or on each pay telephone unit or bank of units.

SECTION 48. PSC 160.08 is amended to read:

PSC 160.08 Telecommunications customer assistance program. The commission may authorize individual telecommunications providers to establish trial telecommunications customer assistance programs that meet authorized goals and objectives for increasing or stabilizing subscription levels for non-optional, essential telephone service within its service territory or to address avoidance of disconnection or limitation of service to low-income households with payment problems. The commission shall determine on a case-by-case basis whether or not a telecommunications customer assistance program may receive universal service fund monies.

SECTION 49. PSC 160.09(1) is amended to read:

(1) High rate assistance credits for a portion of the price of local service rate shall be issued provided to residential customers when the rate charged for service price exceeds levels set in this section. Local Except as provided in sub. (9), local exchange service providers issuing credits in accordance with this section shall be eligible for reimbursement from the universal service fund for the cost value of those credits , provided that they qualify under s. PSC 160.091.

SECTION 50. PSC 160.09(2)(a) and (b) are repealed.

SECTION 51. PSC 160.09(2)(c) is renumbered 160.09(2) and amended to read:

(2) If Credits shall be applied to the price of local service, as specified in sub. (3), except that if a local exchange service provider charges a single rate covering the local access line basic local exchange service and other telecommunications or related services, the commission may determine, by order, and after opportunity for hearing, the portion of such bundled rates to which rate assistance credits apply.

SECTION 52. PSC 160.09(3)(a) to (e) are renumbered 160.09(4)(a) to (e) and amended to read:

(4) Local exchange service providers shall issue high rate assistance credits according to the following criteria:

(a) For the portion of the local access line charge price of local service below 0.75 1.5% of median household income, per month, for the area in which the rate applies, no rate credits apply.

(b) For the portion of the local access line charge price of local service equal to or above 0.75 1.5% but below 1.0 2.0% of median household income, per month, for the area in which the rate applies, the local exchange service provider shall issue a credit equal to 75 50% of that amount.

(c) For the portion of the local access line charge price of local service equal to or above 1.0 2.0% but below 1.25 2.5% of median household income, per month, for the area in which the rate applies, the local exchange service provider shall issue a credit equal to 80 75% of that amount.

(d) For the portion of the local access line charge price of local service equal to or above 1.25 2.5% but below 1.50 3.0% of median household income, per month, for the area in which the rate applies, the local exchange service provider shall issue a credit equal to 85% of that amount.

(e) For the portion of the local access line charge price of local service equal to or above 1.50 3% but below 2.00% of median household income, per month, for the area in which the rate applies, the local exchange service provider shall issue a credit equal to 90 95% of that amount.

SECTION 53. PSC 160.09(3)(f) is repealed.

SECTION 54. PSC 160.09(3)(g) is renumbered 160.09(4)(f) and amended to read:

(f) When a rate applies in only one county, the median household income, as published by the Wisconsin department of industry, labor and human relations workforce development, used to calculate the credit shall be that of that county in which the rate applies. When a rate applies in more than one county, the median household income used to compute the credit shall be the average of the median household incomes in each county in which the rate applies, weighted by the number of customers paying that rate in each county.

SECTION 55. PSC 160.09(3)(h) is repealed.

SECTION 56. PSC 160.09(3)(i) is renumbered 160.09(4)(g).

SECTION 57. PSC 160.09(3) is created to read:

(3) The price of local service shall include the following:

(a) The fixed monthly charge for essential telecommunications service, as defined in s. PSC 160.03;

(b) The federal communications commission end user common line charge; and

(c) Usage charges, if any, based on the size of the local calling area, excluding extended community calling territory, as follows: [See Figure 160.09(3) following]

SECTION 58. Figure PSC 160.09(3)(c) is created to read:

Figure 160.09(3)(c):
Exchange's local calling area size, excluding extended community calling territory, as measured by number of customers	Exchange's combined local calling and extended community calling area size as measured by number of customers	Usage charges includable in the 160.09(3)(c) calculation of the cost of local service
At least 50,000	(Not applicable)	Per minute or calculated charges for 480 minutes of local calling by that type of customer.
Less than 50,000 but at least 5,000	At least 50,000	Per minute or calculated charges for 360 minutes of local calling by that type of customer, plus Price of 1 minute of extended community calling times 120 minutes.
Less than 50,000 but at least 5,000	Less than 50,000	Per minute or calculated charges for 360 minutes of local calling by that type of customer, plus Price of 1 minute of extended community calling times 90 minutes, plus The average price of 1 minute of toll service, as periodically calculated by the commission, times 30 minutes.
Less than 5,000	At least 50,000	Per minute or calculated charges for 240 minutes of local calling by that type of customer, plus Price of 1 minute of extended community calling times 240 minutes.
Less than 5,000	Less than 50,000	Per minute or calculated charges for 240 minutes of local calling by that type of customer, plus Price of 1 minute of extended community calling times 120 minutes, plus The average price of 1 minute of toll service, as periodically calculated by the commission, times 120 minutes.

Note: As of October 1998, the average price of toll service is $.12 per minute.

SECTION 59. PSC 160.09(4) is renumbered 160.09(5) and amended to read:

(5) Each Except as provided in sub. (9), each local exchange service provider shall be reimbursed by the universal service fund for the value of the credits it issues, provided that it qualifies under s. PSC 160.091.

SECTION 60. PSC 160.09(5) is renumbered 160.09(6).

SECTION 61. PSC 160.09(6) is repealed.

SECTION 62. PSC 160.09(8) and (9) are amended to read:

(8) Telecommunications utilities with rate ceiling programs in place on May 1, 1996 may continue those programs until rates subject to those programs are changed, unless the Commission commission authorizes an extension of the rate ceiling program. The universal service fund shall reimburse telecommunications utilities for these programs for services provided beginning on January 1, 1996.

(9) Customers receiving high rate assistance credits may not be provided essential telecommunications service under contract Local exchange service providers shall not be reimbursed by the universal service fund for the value of credits issued to customers receiving essential telecommunications service under a contract if the contract has a duration of greater than one year. The commission may grant waivers of this subsection by order. This subsection does not apply to rural line extension contracts entered into before January 1, 1996.

SECTION 63. PSC 160.091 is repealed and recreated to read:

PSC 160.091 Qualifications for providers receiving universal service funding for high rate assistance credits. A local exchange service provider receiving reimbursement for high rate assistance credits under s. PSC 160.09 shall:

(1) Provide service that meets the minimum requirements of s. PSC 160.03 and other quality of service rules established by the commission;

(2) Be designated by the commission as an eligible telecommunications carrier for the area in which it seeks reimbursement;

(3) Be a contributory provider unless exempted from payment under s. PSC 160.18(1)(a); and

(4) Show that it has applied the money it receives from the federal high cost support fund, to the extent permitted under federal communications commission regulations, to the rates for which it is issuing credits, and not to other services or to ineligible customers.

SECTION 64. PSC 160.10(5) is repealed.

SECTION 65. PSC 160.11(1)(a) and (3) are amended to read:

(1) Partial support funding through rate discounts is available for institutions ordering telecommunications services to be used to provide any of the following services:

(a) Two-way interactive video or audiographic services.

(3) Support funding is available only as partial payment for new services. The amount of funding shall decrease year by year, as follows: Funding is available for up to 3 years at a monthly discount of 20% of the monthly charge or $200 per month, whichever is less.

SECTION 66. PSC 160.11(3m) is created to read:

(3m) Notwithstanding sub. (3), if an institution received support funding under this section for a new service at a 30% or $300 discount level in the first year, and at a 20% or $200 discount level in the second year, it shall only receive support funding for that new service for the third year at a 10% or $100 discount level.

SECTION 67. PSC 160.11(3)(a) to (d) are repealed.

SECTION 68. PSC 160.11(7) is created to read:

(7) A school, library or library system receiving discounts under the federal schools and libraries universal service program in a given month may not receive state discounts under this section for the same service for that month.

SECTION 69. PSC 160.125(title) is created to read:

PSC 160.125 Funding to promote access to telecommunications services.

SECTION 70. PSC 160.125(1)(c) is created to read:

(c) A qualifying agency or authority administering or providing voice-mail service to homeless clients may request reimbursement for its costs directly attributable to administering and providing the voice-mail boxes for the benefit of its homeless clients.

SECTION 71. PSC 160.125(2) is created to read:

(2) ACCESS PROGRAMS OR PROJECTS BY NONPROFIT GROUPS. (a) Partial funding may be available to nonprofit groups for the facilitation of affordable access to telecommunications and information services through programs or projects, or both, not supported elsewhere in this chapter, but that are consistent with the purposes identified in s. 196.218(5)(a)1. to 3., Stats.

Note: As of February 1999, s. 196.218(5)(a)1. to 3., Stats., reads:

(5) Uses of the fund. (a) The commission shall require that moneys in the universal service fund be used only for any of the following purposes:

1. To assist customers located in areas of this state that have relatively high costs of telecommunications services, low-income customers and disabled customers in obtaining affordable access to a basic set of essential telecommunications services.

2. To assist in the deployment of advanced service capabilities of a modern telecommunications infrastructure throughout this state.

3. To promote affordable access throughout this state to high-quality education, library and health care information services.

(b) Any non-profit organization may apply for universal service funding to fund any portion of a program or project or both. Funding will be provided on a state fiscal year basis. Applications for funding in the following fiscal year must be submitted by November 15th. The commission will issue a list of approved programs or projects, or both, by April 15th, with funding for those projects to begin that July 1st. All applications will become public documents upon filing.

1. A description of a public need which is not being met at present;

2. A description of how the program or project is consistent with the purposes identified in s. 196.218(5)(a)1. to 3., Stats.

3. A description of the program or project proposed, including a description of how the public need described in subd. 1. may be met using telecommunications or information services;

4. A showing that the proposed project meets the described public need in a least cost manner. This requirement can be met by showing that the applicant carried out an appropriate request for proposals.

5. Identification of the providers of each portion of the telecommunications services or equipment and a specific description of the following components of the program or project:

a. The costs of telecommunications services and telecommunications equipment used by the project;

b. The cost of training for those who are served by the program or project so that they can utilize the services;

c. The administrative costs directly attributable to the program or project;

d. The cost of technical expertise required to complete the program or project; and

e. Revenue from services or training described in subd. 5.b.

(d) The commission will evaluate all applications submitted. In evaluating the applications the commission shall consider information including, but not limited to, the following:

1. The basis of the public need to be met;

2. The extent to which other programs or projects, either funded under this section or otherwise under this chapter, meet that need; and

3. The overall cost of the proposed program or project.

(e) The universal service fund will reimburse applicants for up to 50% of the cost of reimbursable portions of the program or project, or both. The reimbursable costs include those listed in par. (c)5.a. to d.

(f) The programs or projects, or both, to be funded and the amount of reimbursement for each program or project will be determined by the commission. The commission will seek comments on the programs or projects to be funded, but will not hold a hearing. A maximum of $500,000 in funding will be dispersed under this subsection per calendar year.