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.
After a hearing about concerns with the survey 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 PSC ch. 167.
These rule changes add detail concerning:
  Who will be surveyed.
  What information must be included in the ballot mailing.
  How to determine whether ballots have been timely submitted.
  How to ballot a customer with several telephone lines.
  When ballots will be counted.
  How unmarked ballots will be handled.
A Statement of Scope on this rule was approved by the Commission on August 8, 2000, and was published in the Wisconsin Administrative Register on August 31, 2000.
Text of Proposed Rule
SECTION 1. PSC 167.08(1) shall be renumbered 167.08(1)(a) and amended to read:
(1)(a) Subsequent to the determination of the rate increments necessary to provide the requested extended area service, or reasonable variations of the requested service, the commission shall direct the utilities to conduct a survey of customer willingness to pay the necessary rate increments. The survey shall be approved by the commission and distributed to all customers who would experience a rate increase if the petition for extended area service is granted.
SECTION 2. PSC 167.08(1)(b) and (c) shall be created to read:
(b) For purposes of this section, “customer" does not include any person who is provided with free local telephone service, or who for any reason would not experience a rate increase if extended area telephone service is approved.
(c) The survey ballot and accompanying information shall be approved by the commission. Ballots shall be addressed for return to the commission with no additional postage required. The information accompanying the ballot shall indicate all of the following:
1.   The number of customers served by the balloted exchange at the time of balloting.
2.   The number of “Yes" votes required to move the matter to hearing.
3.   The date determined by the commission by which ballots must be postmarked or filed with the commission in order to be considered valid.
SECTION 3. PSC 167.08(1m)(a) and (b) shall be created to read:
(1m)(a) Ballots shall be distributed to all customers who will experience a rate increase if the petition for extended area telephone service is granted. A customer with several lines shall be considered a single customer, if the lines are in the same classification of service.
(1m)(b) Ballots shall be counted by the commission no earlier than one week after the deadline for the postmark or filing of ballots in sub. (1)(c)3. Voting results, including preliminary totals, shall not be released prior to this official counting. Only official ballots shall be counted. Ballots returned with no preference indicated shall be counted as “No" votes.
SECTION 4. PSC 167.08(2) shall be amended to read:
(2) Unless at least 50% of the customers in one of the surveyed exchanges respond favorably to the requested service, or to a variation of the requested service, the petition shall be denied, and . If the petition is denied, the commission need not consider any petition for extended area telephone service between those exchanges for two 2 years.
Initial Regulatory Flexibility Analysis
The proposed rules would apply to the entities defined in ch. 196, Stats. This includes small telecommunications utilities, which are small businesses under s, 196.216, Stats., for the purposes of s. 227.114, Stats. (There are 76 small telecommunications utilities in Wisconsin.) However, these rules only come into effect if a petition for EAS is filed and certain threshold requirements on calling volumes are met. Further, this rule imposes no new requirements or procedures on utilities since they codify current practice.
Fiscal Estimate
This rule change has no fiscal impact.
Contact Information
Questions from the media may be directed to Jeffrey L. Butson, Public Affairs Director at (608) 267-0912. Other questions regarding this matter should be directed to Tom Gross at (608) 267-2337, or by email at grosst@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 Tom Gross, as indicated in the previous paragraph, as soon as possible.
Notice of Hearing
Transportation
Notice is hereby given that pursuant to ss. 85.16(1) and 227.11(2), Stats., and interpreting s. 85.20, Stats., the Department of Transportation will hold a public hearing in Room 951 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the 19th day of October, 2000, at 10:00 AM, to consider the amendment of ch. Trans 4, Wis. Adm. Code, relating to the state public transit operating assistance program.
Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
Written Comments
The public record on this proposed rule making will be held open until close of business, October 19, 2000, to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such comments should be submitted to Richard A. Martin, Department of Transportation, Bureau of Transit and Local Roads, Room. 951, P. O. Box 7913, Madison, WI 53707-7913.
Analysis Prepared by the Wisconsin Department of Transportation
Statutory authority: ss. 85.16(1) and 227.11(2)
Statute interpreted: s. 85.20
General Summary of Proposed Rule. Chapter Trans 4 establishes the Department's administrative interpretation of s. 85.20, Stats., and prescribes administrative policies and procedures for implementing the state urban public transit operating assistance program authorized under s. 85.20, Stats. 1999 Wis. Act 9 requires the Department to amend ch. Trans 4 to establish cost efficiency standards for all transit systems participating in the state aid program. In this amendment. The Department is proposing to use the six performance measures recommended by the Transit advisory Council in 1997 as the basis for establishing the cost efficiency standards. The amendment defines the methodology to be used in establishing the standards, lays out a procedure for systems not meeting the standards to achieve compliance, and includes penalties for systems remaining out of compliance for a period of three years.
Fiscal Estimate
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any school district, vocational, technical and adult education district or sewerage district. The Department estimates that there will be no fiscal impact on liabilities of any county, city, village or town, except if the county, city, village or town is operating a transit system that is not in compliance with the cost efficiency standards set forth in this rule. The Department estimates that there will be no fiscal impact on state revenues or liabilities.
Initial Regulatory Flexibility Analysis
The proposed rule will have no adverse impact on small business.
Copies of Proposed Rule and Contact Information
Copies of the proposed rule may be obtained upon request, without cost, by writing to Richard A. Martin, Department of Transportation, Bureau of Transit and Local Roads, Room 951, P. O. Box 7913, Madison, WI 53707-7913, or by calling (608) 266-6812. Hearing-impaired individuals may contact the department using TDD (608) 266-3351. Alternative formats of the proposed rule will be provided to individuals at their request.
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.
Administration (CR 00-42):
Ch. Adm 12 - Relating to the storage of electronic public records by state and local governments.
Commerce (CR 00-86):
Ch. Comm 18 - Relating to inspections of elevators and other mechanical lifting devices.
Health and Family Services (CR 00-84):
Chs. HFS 102, 103 and 108 - Relating to the Medicaid purchase plan.
Health and Family Services (CR 00-114):
Ch. HFS 119 - Relating to the operation of the Health Insurance Risk-Sharing Plan (HIRSP).
Natural Resources (CR 00-76):
Ch. NR 190 - Relating to lake planning grants.
Natural Resources (CR 00-103):
SS. NR 10.01, 10.12 and 10.125 - Relating to the 2000 migratory game bird season.
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.
Employee Trust Funds (CR 00-11):
An order affecting s. ETF 20.25 (1), relating to the distribution to annuitants of the total amount distributed from the transaction amortization account to the annuity reserve under the non-statutory provisions of 1999 Wis. Act 11.
Effective 10-01-00.
Financial Institutions-Banking
Financial Institutions-Savings Institutions (CR 00-45):
An order creating chs. DFI-Bkg 4, DFI-SB 19 and DFI-SL 21, relating to financial subsidiaries.
Effective 11-01-00.
Health and Family Services (CR 00-55):
An order affecting ch. HFS 10 and ss. HFS 68.04, 82.06, 83.06, 88.06, 89.29, 89.295, 105.47, 107.28, 124.255, 132.52 and 134.52, relating to eligibility and entitlement for the family care benefit, application for the benefit, cost-sharing requirements, standards for aging and disability resource centers and for care management organizations, protections of the rights of family care applicants and enrollees, recovery of correctly- and incorrectly-paid family care benefits, and requirements for hospitals, nursing homes, community-based residential facilities (CBRFs), residential care apartment complexes, and adult family homes to provide information to certain patients, residents and prospective residents and to refer them to aging and disability resource centers.
Effective 11-01-00.
Insurance, Commissioner of (CR 00-40):
An order amending s. Ins 6.59 (4) (av) and Note, relating to the exemption of attorneys seeking licensure for title insurance from certain testing requirements.
Effective 11-01-00.
Natural Resources (CR 00-30):
An order creating ch. NR 195, relating to establishing river protection grants.
Effective 11-01-00.
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