Estimate of the amount of state employee time and any other resources that will be necessary to develop the rule:
120 hours.
Contact information:
If you have specific questions or comments regarding the proposed rule-making, please contact:
Pamela Haack, Paralegal
Office of Administrative Rules
Dept. of Regulation and Licensing
Telephone: (608) 266-0495
Public Service Commission
Subject:
Ch. PSC 160 - Relating to the biennial review of Universal Service Fund (USF) rules [Docket 1-AC-198].
Description of policy issues:
Objective of rule:
The objective of existing universal service fund (USF) rules is to meet the general intent of the legislature as expressed in s. 196.218 (5) (a), Stats. That provision states that the moneys in the USF may only be used for certain specific purposes, including:
• Assisting 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.
• Assisting in the deployment of advanced service capabilities of a modern telecommunications infrastructure throughout this state.
• Administering the USF.
Any changes made as a result of this rule-making would be intended to continue and enhance support for the general purposes stated in the statutes.
Section 196.218 (4), Stats., specifies that biennially the Commission “shall promulgate rules that define a basic set of essential telecommunications services that shall be available to all customers at affordable prices and that are a necessary component of universal service."
Section 196.218 (5m), Stats., states that the Commission shall, at least biennially, review and revise the rules as appropriate. The Commission proposes to open this rule-making to meet the mandate for a biennial review of the rules and to examine the need for changes to the existing USF program as defined by the USF rules.
Existing policies relevant to rule, new policies proposed, and analysis of alternatives:
Universal service definitions, the administration of the USF (assessments, an administrator, and a Universal Service Fund Council), and universal service programs intended to address needs including those of low-income customers, customers in high-cost areas, and customers with disabilities, are specified in ch. PSC 160.
As recognized in the initial USF, legislation, universal service is a dynamic issue. The Commission will consider changes to the rules to reflect changing circumstances that may be identified throughout the rule-making process. While specifics will not be known until the review of the existing rules is underway, this rule-making will look at modifications, additions, and improvements to the rules to make administration more efficient and to make program operations more effective given experience to date. Further, modifications will be examined in light of changes to universal service that are being formulated by the Federal Communications Commission (FCC).
Statutory authority:
Sections 196.02 (3), 196.218 (4) and (5m)
, and 227.11 (2), Stats.
Time estimates for rule development:
A review of existing rules and programs must occur. Specific changes must be examined by the USF Council so that its recommendations may be forwarded to the Commission. Specific rule language must be drafted and reviewed by the agency, and public hearings must be held. Redrafting of existing rule language will likely be extensively aided by drafts and comments from industry providers, beneficiaries of the current programs and other interested persons. The process will take several months. The process of review by the USF Council and the subsequent rule-making proceeding will take an estimated minimum of 600 staff hours.
Other resources necessary to develop rule:
The USF Council was established pursuant to s. 196.218 (6), Stats. This advisory body will be reviewing the existing USF rules and current programs and will be asked to provide the Commission with recommendations on the need for modifications. Agency staff will be working with the USF Council and will be preparing rule proposals.
Contact information:
If you have specific questions or comments regarding the proposed rule-making, please contact:
Ms. Anita Sprenger
Universal Service Fund Program Manager
Telephone: (608) 266-3843
Public Service Commission
Subject:
Ch. PSC 161 - Relating to modification of rules on the educational telecommunications access program [Docket 1-AC-199].
Description of policy issues:
Objective of the rule:
The objectives for the rules to be examined in this proceeding are to reflect the requirements of 1999 Wis. Act 9 (Act 9) to remove most requirements for the educational telecommunications access program from under the Commission's jurisdiction and to create rules specifying the services subject to that access program.
The Commission promulgated ch. PSC 161 pursuant to a mandate of s. 196.218 (4r) (b), Stats. (1997). Ch. PSC 161 was created as emergency rule on February 27, 1998, and became permanent on November 1, 1998. This rule covers an educational telecommunications access program that is administered by the Technology for Educational Achievement in Wisconsin (TEACH) Board.
1999 Wis. Act 9 maintains a requirement for an educational telecommunication access program; however, general responsibilities for the access program rules are shifted to the TEACH Board. The Commission is to develop rules related to eligible services to be covered by the access program.
Existing policies relevant to rule, new policies proposed, and analysis of alternatives:
1999 Wis. Act 9 moves the mandate for rules on the educational telecommunications access program from the Commission to the TEACH Board. The TEACH Board will have responsibilities to oversee an education telecommunications access program. Consequently, there is no purpose to maintaining full access program details in the Commission rules.
1999 Wis. Act 9 also created s. 196.218 (4t), Stats., which states “the commission, in consultation with the department of administration and the technology of educational achievement in Wisconsin Board, shall promulgate rules specifying the telecommunications services eligible for funding through the educational telecommunications access program . . . ." The Commission will be reviewing those existing portions of ch. PSC 161 that may be relevant to meeting this mandate for specifying eligible services.
Statutory authority:
Sections 196.02 (3) and 196.218 (4t) and
1999 Wis. Act 9 section 9141 (1) (b) 1.
Time estimates for rule development:
Consultation with the Department of Administration and the TEACH Board is required for the promulgation of these rules. Based on a conversation with representatives of the Department and Board, staff anticipates that the TEACH Board will also be doing rule-making on the education telecommunications access program and some coordination of approach may be necessary. The entire process will likely take several months.
Other resources necessary to develop rule:
Section 196.218 (4t), Stats., requires that the Commission consult with the Department of Administration and the TEACH Board. The Commission staff will be working with these other agencies and will be preparing rule proposals.
Contact information:
If you have specific questions or comments regarding the proposed rule-making, please contact:
Gary A. Evenson, Assistant Administrator
Telecommunications Division
Telephone: (608) 266-6744
Public Service Commission
Subject:
Ch. PSC 167 - Relating to modification of rules on extended area telephone service (EAS) [Docket 1-AC-200].
Description of policy issues:
Objective of the rule:
Extended area telephone service is a telephone service that allows customers in one exchange to call customers in other exchanges that are outside the customers' usual local calling area without incurring toll charges. Chapter PSC 167 contains the process for consideration of petitions seeking the establishment of extended area service (EAS) arrangements. One step in the process is to conduct a survey of customer willingness to pay the rate increase that would result if an EAS petition were granted. The objective of this rule package is to set forth details concerning the balloting process that is used to conduct this survey. Such details include:
• What information must be included in the ballot mailing.
• How to determine whether ballots have been timely submitted.
• How unmarked ballots will be handled.
• How to ballot a customer with several telephone lines.
After a hearing about concerns with the balloting process, the Legislature's Joint Committee for Review of Administrative Rules (JCRAR) requested that the details concerning the current balloting process be added to ch. PSC 167.
Existing policies relevant to rule, new policies proposed, and analysis of alternatives:
If certain threshold conditions on petitions and current calling volumes between the involved exchanges are met, the present rule requires that utilities conduct a survey of customer willingness to pay for the rate increase that would result if an EAS petition were granted. The present rule has only very general information on the process for conducting the balloting and considering the results. Recently, the Public Service Commission (Commission) has initiated various process clarifications and improvements on EAS balloting. The rule modification to be considered in this proceeding will provide details regarding these matters, as requested by the JCRAR. Most, if not all, of these details will be processes the Commission has already placed into effect.
Statutory authority:
Sections 196.02 (3) and 227.11 (2), Stats.
Time estimates for rule development:
It is estimated that the review and subsequent rule-making proceeding will take approximately 120 staff hours.
Other resources necessary to develop rule:
None.
Contact information:
If you have specific questions or comments regarding the proposed rule-making, please contact:
Gary A. Evenson, Assistant Administrator
Telecommunications Division
