Issuance of securities;
Mergers and other reorganizations; and
Nondiscrimination.
Analysis
Change in Comments Deadline
The Commission approved a Notice of Hearing concerning these rules at its open meeting on March 4, 1999. In that Notice of Hearing, the Commission set the following dates: April 12, 1999 , for the hearing and April 23, 1999, for comments. At its open meeting on March 16, 1999, the Commission approved an Amended Notice of Hearing to extend the time for comments from April 23, 1999 (by noon), to May 21, 1999 (by noon). At its open meeting today the Commission approved this Supplemental Notice extending the time for comments from May 21, 1999 (by noon), to June 8, 1999 (by noon). Comments filed by FAX will now be due on June 7, 1999 (by noon) instead of May 20, 1999 (by noon). The date for hearing was not changed.
Copies of Proposed Rules
A copy of the full Notice of Hearing, including the text of the proposed rules, was previously published in the Administrative Register. Copies of the Notice and proposed rules may be obtained from the contact person listed below.
Written Comments
Any person may submit written comments on these proposed rules. The hearing record will remain open for written comments from the public until June 8, 1999, at noon (June 7, 1999, at noon, if filed by fax).
All written comments must include a reference on the filing to docket (1-AC-147). File by one mode only.
If filing by mail, courier, or hand delivery: Address as shown below:
Address comments to:
Lynda L. Dorr, Secretary to the Commission
Public Service Commission
P.O. Box 7854
Madison, WI 53707-7854
FAX (608) 266-3957
Industry parties should submit an original and 15 copies. Members of the general public need only file an original. File by June 8, 1999, at noon.
If filing by fax: Send fax comments to (608) 266-3957. Fax filing cover sheet MUST state “Official Filing," the docket number (1-AC-147), and the number of pages (limited to 20 pages for fax comments). File by June 7, 1999, at noon.
Contact Information
Questions regarding this matter should be directed to Anne Wiecki, Telecommunications Division, at (608) 267-0913, or by email at wiecka@psc.state.wi.us. Hearing-or speech-impaired individuals may also use the Commission's TTY number, (608) 267-1479.
The Commission does not discriminate on the basis of disability in the provision of programs, services, or employment. Any person with a disability who needs accommodations to provide comments or who needs to get this document in a different format should contact Anne Wiecki, as indicated in the previous paragraph, as soon as possible.
Notice of Hearing
Public Service Commission
The Public Service Commission of Wisconsin (Commission) proposes an order to make various changes to ch. PSC 160, relating to the provision of universal telecommunications service and administration of the universal service fund.
Analysis
Rules now in ch. PSC 160 were effective May 1, 1996. The Commission opened this rule-making to consider necessary changes to the rules as required by s. 196.218, Stats.
As required by statutes, the Commission has appointed a Universal Service Fund Council (USFC) to advise the Commission on administration of s. 196.218, Stats., and on the universal service fund rules. The USFC has recommended various changes to the rules in ch. PSC 160; most of those recommendations are reflected in the proposed rules. In those instances where the Commission has suggested changes that are not part of the recommendations of the USFC, it is noted in the plain language analysis that is part of the notice previously issued in this rule-making.
Notice of Continuation of Hearing and Extension of Comment Period
The Commission approved a Notice of Hearing concerning these rules at its open meeting on February 9, 1999. Pursuant to that Notice, a hearing was held on April 6, 1999. Due to the number of people appearing to speak at that hearing, it ran much longer than expected and the Hearing Examiner set a date to on which to continue and complete the hearing. The comment period has also been extended since people may wish to submit written comments based on what is said at the continued hearing.
Hearing Information
Notice is hereby given that the Commission will hold a continuation of the public hearing:
Date and Time:   Location:
May 11, 1999   Amnicon Falls Hrg. Rm.
Tuesday   1st Floor, PSC Bldg.
9:00 a.m.   610 North Whitney Way
  MADISON, WI
The examiner may continue the hearing at such times and places as necessary to complete the hearing.
The building at 610 North Whitney Way is accessible to people in wheelchairs through the main floor entrance (Lobby) on the Whitney Way side of the building. Handicapped parking is available on the south side of the building and the building has some wheelchair accessible rest rooms. Interpreters for the deaf and hard of hearing will be provided.
Input Expressly Invited
The Commission invites all parties potentially affected by these proposed universal service fund rules to comment on them. The purpose of the proposed rules is to solicit comments so that the Commission can make a full and informed decision on additions to, deletions from, or modifications of the current universal service fund rules in ch. PSC 160.
The Commission is not modifying the data transmission speed rule in s. PSC 160.031. The Commission will be examining this issue and other Internet related matters in another forum, so comments on data speed matters should not be filed in this rulemaking proceeding.
Copies of Proposed Rules
A copy of the full Notice of Hearing, including the text of the proposed rules, was published in the February 28, 1999, Wisconsin Administrative Register. Copies of the Notice and proposed rules may also be obtained from the contact person listed at the end of this notice.
Written Comments
Any person may submit written comments on these proposed rules. The hearing record will remain open for written comments from the public until June 18, 1999, at noon (June 17, 1999, at noon, if filed by fax).
All written comments must include a reference on the filing to docket (1-AC-166). File by one mode only.
If filing by mail, courier, or hand delivery: Address as shown below:
Address comments to:
Lynda L. Dorr, Secretary to the Commission
Public Service Commission
P.O. Box 7854
Madison, WI 53707-7854
FAX (608) 266-3957
Industry parties should submit an original and 15 copies. Members of the general public need only file an original. File by June 18, 1999, at noon.
If filing by fax: Send fax comments to (608) 266-3957. Fax filing cover sheet MUST state “Official Filing," the docket number (1-AC-166), and the number of pages (limited to 20 pages for fax comments). File by June 17, 1999, at noon.
Contact Information
Questions regarding this matter should be directed to Gary Evenson, Assistant Administrator, Telecommunications Division, at (608) 266-6744 or evensg@psc.state.wi.us. Hearing- or speech-impaired individuals may also use the Commission's TTY number, (608) 267-1479.
The Commission does not discriminate on the basis of disability in the provision of programs, services, or employment. Any person with a disability who needs accommodations to participate in this proceeding or who needs to get this document in a different format should contact Gary Evenson, as indicated in the previous paragraph, as soon as possible.
Notice of Proposed Rule
Revenue
Notice is hereby given that pursuant to s. 227.11(2)(a), Stats., and interpreting ss. 73.03(50), 77.52(7), (9), (12), (13), (14) and (19), 77.53(10) and (11) and 77.61(2), Stats., and according to the procedure set forth in s. 227.16(2)(e), Stats., the Department of Revenue will adopt the following rules as proposed in this notice without public hearing unless, within 30 days after publication of this notice on May 1, 1999, tit is petitioned for a public hearing by 25 natural persons who will be affected by the rule, a municipality which will be affected by the rule, or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.
Contact Person
Please contact Mark Wipperfurth at (608) 266-8253, if you have any questions regarding this proposed rule order.
Analysis by the Department of Revenue
Statutory authority: s. 227.11(2)(a)
Statutes interpreted: ss. 73.03(50), 77.52(7), (9), (12), (13), (14) and (19), 77.53(10) and (11) and 77.61(2)
SECTIONS 1 TO 16. Tax 11.14(title), (1), (2)(a) and (c), (3)(a) and (b), (5)(b), (6)(title), (a)(title) and 2. and (b)(title), (intro.) and 3., the example following sub. (6) and subs. (7) to (12) and the second note at the end of Tax 11.14 are revised, to reflect a change in department policy to discontinue the issuance of various types of exemption certificates and replace them with Form S-211, a multipurpose exemption certificate. Form S-211 may be used for any sales and use tax exemption provided by law, except the exemption for construction contracts entered into before the effective date of county/stadium tax, and direct pay permits.
Tax 11.14(1) is further revised and the first note at the end of Tax 11.14 is revised, to reference all of the subsections of ss. 77.52 and 77.53, Stats., which relate to exemption certificates.
Tax 11.14(3)(b) is further revised, to place a nonsubstantive statement in a note rather than in the text of the rule.
Tax 11.14(5)(b) is further revised, to clarify that a seller is not liable for tax on transactions covered by a valid exemption certificate.
Tax 11.14(6)(b)4.c. is created, to reflect department policy that a person who makes exempt sales only may use a certificate of exemption (Form S-211) to claim exemption on tangible personal property or taxable services the person resells.
Tax 11.14(15) is renumbered Tax 11.14(13) and revised, to place the subsection in a more logical order and to add references to the stadium tax. Consequently, subs. (13) and (14) are renumbered (14) and (15).
Tax 11.14(16) is created and the second note at the end of Tax 11.14 is further revised, to reflect a change in exemption certificate requirements for sales of certain commodities, as a result of amendments to ss. 77.52(13) and 77.53(10), Stats., by 1997 Wis. Acts 27 and 237.
SECTIONS 17 AND 19 TO 22. Tax 11.53(1)(a),(b) and (e) are repealed, subs. (2) to (5) are revised, and a note is added at the end of sub. (3), to reflect a change in department policy, to no longer issue temporary seller's permits and concessionaire permits.
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