Wisconsin Legislature: Text

1. Costs related to any of the following:

a. Emergency service dispatch, including personnel, training, equipment, software, records management, radio communications, and mobile data network systems.

b. Vehicles and equipment in vehicles.

c. Communications equipment and software used to communicate with vehicles.

d. Real estate and improvements to real estate, other than improvements necessary to maintain the security of a wireless public safety answering point.

e. Salaries and benefits of operators of a wireless public safety answering point.

2. Any costs in sub. (3)(a) which the applicant has recovered in the form of a gift or grant for the purposes described in sub. (3)(a).

(4) Except to the extent approved by the commission under s. PSC 173.09(4), an application from a local government or governments under this section may request to receive a grant for only one wireless public safety answering point in each county.

PSC 173.08 Supplemental grants. (1) A county, or a local government in a county, that jointly operates a wireless public safety answering point with another county, or local government in another county, may apply for a supplemental grant under this section if it is applying for a grant under s. PSC 173.07.

(2) (a) To receive a supplemental grant during all three years of the reimbursement period, a county, or a local government in a county, that jointly operates a wireless public safety answering point with another county, or local government in another county, shall submit its application to the commission with its application under s. PSC 173.07, no later than the first day of the third month beginning after the effective date of this section ….[revisor inserts date].

(b) To receive a supplemental grant during the second and third year of the reimbursement period, a county, or a local government in a county, that jointly operates a wireless public safety answering point with another county, or local government in another county, and that did not submit an application for a supplemental grant with its grant application under s. PSC 173.07, shall submit its application during the commission's second year review under s. PSC 173.11(6) by the date the commission establishes in a public notice.

(c) To receive a supplemental grant during the third year of the reimbursement period, a county, or a local government in a county, that jointly operates a wireless public safety answering point with another county, or local government in another county, and that did not submit an application for a supplemental grant with its grant application under s. PSC 173.07 or during the commission's second year review, shall submit its application during the commission's third year review under s. PSC 173.11(6) by the date the commission establishes in a public notice.

(3) An application for a supplemental grant under this section is in addition to the application for grants that the local government may make under s. PSC 173.07.

(4) An application for a supplemental grant under this section is not subject to the restrictions set forth in s. PSC 173.07.

PSC 173.09 Review and approval of grant applications. (1) The commission shall provide reasonable notice to the clerk of each county, each wireless provider that has requested notice, and any other interested party, of the date on which an application under this subchapter is due. If an application under ss. PSC 173.06 or 173.07 is submitted after the deadline, the commission shall take action under sub. (7).

(2) After the receipt of an application requesting a grant under this chapter, the commission shall issue a notice of investigation in accordance with s. PSC 2.09 if it has not already done so.

(3) The commission shall approve an application if the commission determines all of the following:

(a) The costs estimated in the application have been, or will be, incurred for the purpose of promoting a cost-effective and efficient statewide system for responding to wireless emergency 911 telephone calls.

(b) The costs estimated in the application are reasonable.

(d) If the application is from a local government and includes costs related to the collection and maintenance of data under s. PSC 173.07(2)(d), the requirements under sub. (6) are met.

(4) Notwithstanding sub. (3), the commission may only approve an application for a grant to reimburse a local government for costs under s. PSC 173.07(3)(a)5. related to relaying messages regarding wireless emergency 911 telephone calls via data communications from the wireless public safety answering point to local government emergency call centers in operation before June 1, 2003, that dispatch the appropriate emergency service providers, if the commission first determines that reimbursement of such costs is in the public interest and will promote public health and safety.

(5) If an application from a local government requests reimbursement under s. PSC 173.07(3)(a) for equipment and facilities that will also be used to terminate wireline 911 emergency telecommunications service, the commission shall presume that one half of the total cost of equipment and facilities is directly associated with wireless 911 service and can be reimbursed from the fund. An applicant may rebut this 50% presumption by providing sufficient evidence to demonstrate that the presumed ratio is unfair and would unreasonably burden local taxpayers with the recovery of costs directly and solely attributable to the addition of enhanced wireless 911 telephone service.

(6)(a) An application from a local government that requests reimbursement for costs related to the collection and maintenance of data under s. PSC 173.07(2)(d) shall be approved only if the commission determines all of the following:

1. The local government's collection of land information, and development of a land information system that is related to that purpose are consistent with the applicable county land records modernization plans developed under s. 59.72(3)(b), Stats.

2. The local government's collection of land information conforms to the standards on which such plans are based.

3. The local government's collection of land information does not duplicate land information collection and other efforts funded through the land information program under s. 16.967(7), Stats.

(b) For any determination made by the commission under par. (a) before July 1, 2005, the commission shall first request the advice of the land information board before making its determination.

(7) If a wireless provider or local government submits an application after the deadline specified in ss. PSC 173.06 and PSC 173.07, respectively, the commission shall reduce the costs approved under sub. (3) by the following amounts:

(a) If the application is less than 1 week late, 5%.

(b) If the application is 1 week or more but less than 2 weeks late, 10%.

(d) If the application is 4 weeks or more late, the wireless provider or local government is not eligible for a grant.

(8) If the commission does not approve an application under sub. (3), the commission shall provide the applicant with the commission's reasons and give the applicant an opportunity to resubmit the application. If the commission approves a part of the application, the commission shall provide the applicant with the commission's reasons for disapproving part of the application and give the applicant an opportunity to resubmit the portion of the application previously disapproved.

(9) For any application approved by the commission under sub. (3), the wireless provider or a local government that submitted the application may revise the application before the commission makes a disbursement to that wireless provider or local government.

PSC 173.10 Wireless 911 surcharge. (1) Calculation. (a) Upon the request of the commission, each wireless provider shall file with the commission a report setting forth the number of its wireless telephone numbers with billing addresses in this state that are billed on a recurring basis and the number of its wireless telephone numbers subject to a pre-paid service agreement with a customer with an address in this state or sold within this state, as of the date specified in the commission request.

(b) The commission shall determine the amount of the wireless surcharge by dividing the sum of the total amount of money requested from all grant applications approved under s. PSC 173.09 and the reasonable administration costs under 173.11(2) by 36, and then dividing that result by the total number of telephone numbers served by wireless providers and reported under sub. (a).

(2) Collection. (a) Each wireless provider shall impose the wireless surcharge for each telephone number of a customer that has a billing address in this state on each bill rendered during the surcharge period.

(b) The wireless surcharge shall be calculated and applied on a monthly basis. The wireless surcharge shall be the same for each wireless telephone number, regardless of the serving wireless provider, except that:

1. For a customer that is billed on a recurring basis other than monthly, the wireless provider shall impose a surcharge equal to the amount of the wireless surcharge times the number of months of service billed in that customer's billing statement times the number of telephone numbers billed or assigned to that customer.

2. For a customer with prepaid wireless telephone service, the wireless provider shall charge to that customer's prepaid account the amount of the monthly surcharge when the telephone becomes an active prepaid wireless telephone, provided the balance of the prepaid account is greater than or equal to the monthly wireless surcharge.

(c) Each wireless provider shall pay the full amount of the surcharge collected to the commission within 20 days of the end of the month in which the surcharge was collected for deposit in the wireless 911 fund. A wireless provider may not withhold any portion of the surcharge it collects as reimbursement for the cost of billing and collecting the surcharge, or for any other purpose.

(d) In the event that a customer tenders a partial payment of the monthly bill for wireless telecommunications service or other wireless service agreement, the serving wireless provider shall credit and remit to the commission the full amount of the wireless surcharge billed and due, irrespective of any contrary written directions from the customer, before applying the partial payment to any other outstanding charge for wireless telecommunications service.

PSC 173.11 Fund administration. (1) Designation. The commission may designate a fund administrator.

(2) Administrative costs. The commission may recover from the wireless 911 fund its reasonable costs related to the administration of the fund.

(3) Deposit of funds. The commission shall ensure that the amounts billed and collected through the wireless surcharge and remitted to the commission are deposited in the wireless 911 fund. All amounts deposited in the fund, including moneys earned as interest, shall remain in the fund until disbursed as provided in this chapter.

(4) Required documentation. Wireless providers and local governments with approved applications for grants under this chapter shall submit requests for reimbursement that include all of the following:

(a) A sworn paid invoice to document the actual cost of any approved purchase from a vendor or supplier.

(b) Appropriate documentation, such as time slips for work performed by employees or attendance rosters and training outlines for training performed, to verify that any internal costs approved for reimbursement actually were incurred.

(c) Appropriate documentation to verify that local governments have complied with the requirements under 47 CFR 20.18(j).

(d) Any other documentation that the commission may request to ensure that the moneys disbursed by grant have been used in the manner proposed by the applicant and approved by the commission.

(5) Disbursements. (a) The commission shall make quarterly payments to wireless providers and local governments that have approved applications for grants under this chapter.

(b) The amount disbursed each quarter to a wireless provider or local government shall be the unpaid amount of the grant approved by the commission under s. PSC 173.09 for that wireless provider or local government divided by the number of months remaining in the reimbursement period times 3, but the commission may not disburse more than the amount for which the wireless provider or local government has provided the documentation specified in sub. (4).

(c)1. The commission shall begin payment of approved grant amounts to wireless providers when the wireless provider has installed all necessary equipment, upgrades and interconnecting telecommunications circuits.

2.a. Except as provided in subd. 2.b., the commission shall begin payment of approved grant amounts to local governments when the enhanced wireless 911 telecommunications service is implemented and made available to wireless telephone subscribers located within the boundaries of that local government.

b. For grant applications that include a request for reimbursement for the purchase of equipment described in s. PSC 173.07(3)(a)1., the commission may begin quarterly payments of approved grant amounts related to that equipment after the start of the surcharge period and upon receipt of the documentation in sub. (4)(a).

(d) The commission shall withhold payment of an approved grant to a local government if that local government does not implement the wireless 911 service in its jurisdiction before the end of the reimbursement period, and the local government shall repay to the fund any money it already received from the fund.

(e) No wireless provider or local government may receive a total amount in grants that exceeds the lesser of the estimated amount approved by the commission under s. PSC 173.09 for that wireless provider or local government or the cost actually incurred and documented under sub. (4).

(f) In the event that the wireless 911 fund has an insufficient balance to make all scheduled payments, the commission may adjust or reschedule payments to ensure the solvency of the fund.

(g) In the case of a disbursement for a jointly operated wireless public safety answering point, the commission shall apportion the disbursement of the grant in the manner specified under s. PSC 173.07(2)(e).

(6) Second year and third year review. (a) The commission shall review the amount of the wireless surcharge and the status of scheduled disbursements prior to the thirteenth and twenty-fifth month of the surcharge period. To facilitate these reviews, the commission may request from wireless providers an updated count of the number of wireless telephone numbers billed on a recurring basis and the number of wireless telephone numbers subject to a pre-paid service agreement.

(b) A wireless provider that did not provide service to customers in this state before September 3, 2003, and did not otherwise apply for a grant under s. PSC 173.06, may apply for a grant during the second year or third year review by the date the commission establishes in a public notice. A wireless provider applying for a grant under this section shall comply with all other requirements of this chapter.

(c) A wireless provider or local government may revise an application approved under s. PSC 173.09 before the date on which the grant is disbursed.

(d) A county, or a local government in a county, that jointly operates a wireless public safety answering point with another county, or local government in another county, may apply for a supplemental grant under s. PSC 173.08 during the commission's second year or third year review if it did not apply for a supplemental grant when it submitted its grant application under s. PSC 173.07.

(e) The commission may decrease the wireless surcharge at any time. The commission may increase the wireless surcharge, effective as of the thirteenth and twenty-fifth month of the surcharge period, after completion of the second year and third year review.

(7) Final review. At the conclusion of the reimbursement period, the commission shall distribute to wireless providers any funds collected but not disbursed or otherwise obligated. Funds shall be distributed to wireless providers in proportion to the providers' respective deposits into the fund. The commission shall withhold payment of this residual money until the provider agrees to credit its current customer accounts the full amount of the residual payment. If a provider does not agree, then that provider's distribution amount shall be proportionately distributed to those providers that have agreed. Upon completion of all scheduled payments, including the residual payments at the end of the reimbursement period, the commission shall discontinue the wireless 911 fund.

(8) Collection action authorized. The commission may bring an action to collect a surcharge that is not paid by a customer. The customer's wireless provider is not liable for the unpaid surcharge.

PSC 173.12 Confidentiality of information. (1) The commission shall withhold from public inspection any information received under this subsection that would aid a competitor of a wireless provider in competition with the wireless provider.

SECTION 2. EFFECTIVE DATES.

(1) This rule, except s. PSC 173.10, shall take effect on the first day of the second month following publication in the Wisconsin administrative register.

(2) Section PSC 173.10 shall take effect on the first day of the eleventh month following publication in the Wisconsin administrative register.

Fiscal Estimate

The commission anticipates that this rule will create additional costs in the form of new workload. It is possible for the commission to absorb those costs within the commission budget, including the wireless 911 fund. Counties electing to participate in the wireless 911 project may incur additional costs that may not be reimbursed entirely by the wireless 911 fund. A completed Fiscal Estimate form is attached.

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. 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 rules would be contrary to the statutory objectives which are the basis for the rules. The agency finds that access from wireless telephones to emergency police, fire and medical services by means of the 911 emergency number is in the public interest, and that access to 911 services from wireless telephones should be uniformly deployed throughout the state to the maximum extent possible. Further, portions of the rule are permissive. They will only apply to a telecommunications utility if it chooses to have them do so.

Contact Information

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 docket coordinator listed below.

Questions regarding this matter may be directed to docket coordinator Dennis Klaila at (608) 267-9780.

Notice of Hearing

Transportation

[CR 04-029]

NOTICE IS HEREBY GIVEN that pursuant to ss. 85.16 (1) and 348.07 (4), Stats., interpreting s. 348.07 (4), Stats., the Department of Transportation will hold a public hearing at the following location to consider the amendment of ch. Trans 276, Wis. Adm. Code, relating to allowing the operation of double bottoms and certain other vehicles on certain specified highways:

April 30, 2004

Wisconsin State Patrol District 7

W7102 Green Valley Road

Spooner, WI

12:00 PM

(Parking is available for persons with disabilities)