If filing by fax: Send fax comments to (608) 266-3957. Fax filing cover sheet MUST state “Official Filing," the docket number (1-AC-193), and the number of pages (limited to 20 pages for fax comments).
Text of Proposed Rules
SECTION 1. PSC 163.04(2)(b) is amended to read:
(b)
According to s. 196.196(1(c), Stats., the productivity factor offset to the Ä GDPPI shall be 2 percentage points. For a telecommunications utility with more than 500,000 access lines, the percentage offset shall be 3 percentage points. Section 196.196(1)(c), Stats., sets the GDPPI percentage offset, but provides that Beginning beginning in the year 2000 and every 3 years thereafter, for the purpose of adjusting the GDPPI percentage offset
, pursuant to s. 196.196(1)(c), Stats., to reflect any statewide changes in the productivity experience of the telecommunications industry, the commission may consider the following historical factors:
SECTION 2. PSC 163.04(2)(br) is created to read:
(br) Based on the most recent statewide productivity study, the productivity factor offset to the Ä GDPPI shall be:
(1) For telecommunications utilities with 500,000 or less access lines at the time of electing to be price regulated:
a. 3 percentage points, effective on the effective date of this rule....[revisor inserts date];
b. 4 percentage points, effective on one year after the effective date of this rule....[revisor inserts date];
Initial Regulatory Flexibility Analysis
These rules may have an effect on small telecommunications utilities, which are small businesses under s. 196.216, Stats., for the purposes of s. 227.114, Stats., because they may elect to become price-regulated under s. 196.196 (1), Stats., which would result in these rules becoming applicable to them. The agency has considered the methods in s. 227.114 (2), Stats., for reducing the impact of the rules on small telecommunications utilities and finds that incorporating any of these methods into the proposed rules would be contrary to the statutory objectives which are the basis for the proposed rules. In addition, the election of price regulation under this chapter is voluntary, and more flexibility and less stringent compliance requirements for small telecommunications utilities are available in ss. 196.195 (12) and 196.196 (4), Stats.
At the time of this notice, there are 81 local exchange companies in Wisconsin, 76 of which are small telecommunications utilities. The agency finds that the availability of a voluntary price regulation election under s. 196.196, Stats., and the process set forth in this chapter to govern the price regulation election are in the public interest for all telecommunications utilities in the state.
Fiscal Estimate
These rules will have no fiscal impact on the agency or on any other state or local units of government. No additional fiscal burden will be imposed on the state or on small businesses as a result of these proposed rules.
1. Sales volumes.
2. Labor
3. Materials.
4. Rent.
5. Services
6. Other expenses.
7. Plant-in-service.
8. Cost of capital.
9. Any other data relevant to measuring productivity.
Note: The percentage offsets were originally set at 3 percentage points for utilities with more than 500,000 access lines at the time of electing price regulation, and 2 percentage points for utilities with 500,000 or less access lines at the time of electing price regulation.
Contact Persons
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 Thomas Ferris, case
coordinator, at (608) 266-1124, or by email at ferrit@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 obtain this document in a different format should contact the case coordinator listed above.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to s. 84.30, Stats., and interpreting s. 84.30, Stats., the Department of Transportation will hold a public hearing in Room 501 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the 30th day of November, 2000, at 9:00 AM, to consider the amendment of ch. Trans 201, Wis. Adm. Code, relating to outdoor advertising sign annual fees.
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.
The public record on this proposed rule making will be held open until close of business on December 5, 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 Deborah Brucaya, Department of Transportation, Bureau of Highway Operations, Room 501, P. O. Box 7986, Madison, WI 53707-7986.
Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
Analysis prepared by the Dept. of Transportation
Statutory Authority: s. 84.30
Statutes Interpreted: s. 84.30
General Summary of Proposed Rule
1999 Wis. Act 9 directed the Department to assess annual fees to the owners of outdoor advertising signs in order to recoup a portion of the costs of the state's regulatory program governing outdoor advertising structures. The state has regulated outdoor advertising since the 1960's in compliance with the requirements of the Federal Highway Beautification and Bonus Acts, the regulations promulgated by the U.S. Department of Transportation interpreting those acts, and the 1961 and 1972 agreements between the State of Wisconsin and U.S. DOT.
This proposed rule making establishes fees for outdoor advertising structures based upon two criteria: the size of the sign, and the regulatory burden created by the sign. Larger signs tend to generate more income and are less consistent with the stated objective in s. 84.30, Stats., to “preserve the natural beauty" of Wisconsin. Therefore, this rule proposes to create annual fees that increase based upon sign size that range from $10 per year for signs of 9 to 32 square feet in area to a maximum fee of $100 per year for signs 1200 square feet in size and above.
Directional and nonconforming signs are assessed a fee of $100 per sign regardless of size, because regulating those classes of signs requires significantly more resources than regulating other types of permitted signs.
The proposed rule would define some commonly used terms in ch. Trans 201 and this proposed rule making for clarity.
This rule creates s. Trans 201.075 to replace the substantive provisions of current s. Trans 201.02 (3) which is repealed. Current drafting standards call for that provision to be moved from the definition portion of ch. Trans 201.
Finally, this proposed rule spells out what happens if sign permit fees are not timely paid and a process for sign owners to appeal a fee assessment. Nonpayment of a fee for a permitted sign results in the expiration of the permit, subjecting a sign to potential removal. Nonpayment of the fee for a nonconforming sign is considered abandonment subjecting the sign to removal. s. 84.30 (10m), Stats.
Persons wishing to appeal the amount of an assessment need to pay the proposed fee and state particularly the facts regarding the appeal. Because the only issue involved would usually be the size of the sign, the Department believes that any disputes regarding the assessment should be easily resolved by remeasuring the sign. If that does not resolve a dispute, further appeal to the Division of Hearings and Appeals may be sought.
Fiscal Estimate
The proposed rule implements a provision of 1999 Wisconsin Act 9, the biennial budget, which requires the Department to charge annual fees for outdoor advertising sign owners. The Act limits revenue raised from the program to $510,000 during Fiscal Year 2001 and provides appropriation authority for $510,000 to improve the sign inventory information system.
This proposed rule implements the fee provision of the budget and proposes to set annual revenues after FY01 at a rate that covers a larger portion of the program costs through a combination of annual fees, a nonrefundable application fee, and changes to the applicability of the sign company license requirement. The application fee replaces the current one-time fee refundable that has been in effect since 1972.
Under the current program, the following fees are charged generating annual revenue shown:
• A one-time $5 to $100 fee based on sign size collected only upon approval of a permit application generates approximately $25,000 of revenue per year.
• Annual outdoor advertising license fees of $250 from companies that erect more than two signs per year generates approximately $7,500 per year.
Under the proposed rule, only nonconforming and grandfathered signs will be assessed a fee for fiscal year 2001. This approach to structuring the applicability of the fee is designed to ease implementation of the fee process by only addressing a portion of the total signs in the first year. Collecting a fee only on nonconforming signs will allow the Department to direct their first billing efforts toward a more manageable number of signs, rather than the entire 15,000 to 20,000 signs in the state.
The approach also works well with the limitation on generating fees for the fiscal year 2001, yet allowing for the fees to generate a more substantial portion of the total program costs in subsequent years. Approximately 5,075 nonconforming signs have been identified in Wisconsin. Collecting a flat $100 fee on only nonconforming signs should generate approximately $507,500 in revenue in fiscal year 2001, in accordance with the requirements of s. 9150 (3m) of 1999 Wis. Act 9.
The revenue expected to be generated from annual fees after fiscal year 2001 is $1,015,280, estimated as shown in the following schedule:
|
Square Footage
|
Proposed Fee
|
Est. # of Signs
|
Est.
Revenue FY 2002
|
Business Area Signs
|
|
|
|
|
8 or less
|
$ 0
|
|
|
|
9-32
|
$ 10
|
411
|
$ 4,110
|
|
33-200
|
$ 20
|
1,646
|
$ 32,920
|
|
201-600
|
$ 25
|
2,880
|
$ 71,975
|
|
601-800
|
$ 50
|
823
|
$ 41,150
|
|
801-1200
|
$ 75
|
823
|
$ 61,725
|
|
1201 and above
|
$ 100
|
1,234
|
$ 123,400
|
Other (all sizes)
|
|
|
|
|
Directional
|
$ 100
|
1,725
|
$ 172,500
|
|
Nonconforming
or Grandfathered
|
$ 100
|
5,075
|
$ 507,500
|
|
|
|
|
|
|
TOTALS
|
|
17,652
|
$1,015,280
|
Fees to be generated by the application fee for new signs is difficult to predict, since fewer applications may be submitted primarily since the fee will be nonrefundable, and to a lesser degree because of the fee increase. For FY01 it is expected that very few new applications would be received subject to the new application fee. The revenue generated by the application fee may approximate or perhaps be slightly less than the fees currently generated from issuance of the one time permits.
Initial Regulatory Flexibility Analysis
The Department expects that the fee schedule established in this rule revision will have a negligible adverse impact on small businesses that use outdoor advertising as a method of advertising. They will now be required to pay between $5 and $100 each year for each sign they erect or maintain. The types of small businesses that erect their own outdoor advertising signs are often resorts, campgrounds, antique stores, automotive shops, etc., the majority of which build smaller signs than the standard industry signs. Small business signs are frequently smaller than 150 square feet, which will have an annual fee of $20. Because the majority of small businesses typically own only two to six outdoor advertising signs, the annual impact is expected to be minimal. For those small businesses that are more reliant on outdoor advertising signs, the costs aspects of choosing this advertising medium will not be significantly impacted by the fees, which are relatively modest in relation to the cost or erecting an maintaining a sign or leasing sign space.
The annual sign fees that would be paid under this proposed rule, both small, independent sign companies that own approximately 20-75 billboards and large, industry sign companies that own hundreds of signs, are expected to be passed on to the advertisers. This new fee should not significantly affect the monthly lease rental rates charged by these companies for outdoor advertising and is not expected to have an effect on sign companies that are considered “small businesses" under s. 227.114, Stats.
Because the Department does not compile or maintain records reflecting the number of employees or annual income of sign companies, establishing less stringent requirements for small businesses, as defined in s. 227.114(1)(a), Stats., is not feasible. Chapter Trans 201 does exempt businesses that erect 2 or fewer signs from the requirements of obtaining a sign company license, and this rule making would not alter that law.
This rule making proposes to exempt official, service club, religious notice signs and signs under 8 square feet in area from an annual fee requirement. Applicants for these types of signs will be required to pay the one-time $50 sign permit application fee. The Department does not anticipate that this one-time fee will adversely affect small businesses.
Because the rule application process and annual fee billing and payment processes are relatively straightforward and simple, and because DOT district sign permit coordinators are available to assist small businesses in completing permit applications and determining whether a proposed sign site is acceptable under s. 84.30, Stats., the Department concluded further simplifying the permit process or creating different deadline dates for small businesses is unwarranted.
Preparation and Copies of Proposed Rule
Preparation of this proposed rule was done by Attorney John Sobotik. Copies of the rule may be obtained upon request, without cost, by writing to Deborah Brucaya, Department of Transportation, Bureau of Highway Operations, Room 501, P. O. Box 7986, Madison, WI 53707-7986, or by calling (608) 266-3813. Alternate 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.
Athletic Trainers Affiliated Credentialing Board
(CR 00-131)
Chs. AT 1 to 5 - Relating to licensure and regulation of athletic trainers.
Chs. Comm 20 to 25 - Relating to the uniform (1-2 family) dwelling code.
Ch. HFS 175 - Relating to recreational and educational camps.
Ch. HFS 110 - Relating to licensing of ambulance service providers and licensing of emergency medical technicians- basic.
Ch. NR 101 - Relating to wastewater fee program.
Chs. NR 161 to 163 - Relating to clean water fund program financial assistance.
Ch. NR 168 - Relating to brownfield site assessment grant program administration.
Ch. Phar 8 - Relating to dispensing of controlled substances.
Ch. PSC 179 - Relating to telecommunications dispute resolution procedures.
