PSC 173.01 Purpose. The purpose of this chapter is to implement those provisions of s.
146.70, Stats., that authorize the commission to review the contracts between counties and telecommunications providers for the provision of 911 emergency telecommunications service and that establish a wireless 911 fund to promote installation and use of enhanced wireless 911 emergency telecommunications service.
PSC 173.02 Definitions. In this chapter:
(1) “Active prepaid wireless telephone" means a prepaid wireless telephone that has been used or activated by the customer during the month to complete a telephone call for which the customer's card or account was decremented.
(2) “Application" means a request for money in the form of a grant authorized under s.
146.70(3m)(b),
(c) or
(e), Stats.
(3) “Commercial mobile radio service provider" has the meaning given in s.
196.01(2g), Stats.
(4) “Commission" means the public service commission
(5) “Designated public safety answering point" means a wireless public safety answering point that has been identified in a resolution adopted under s.
146.70(3m)(c)3. or
6., Stats., for the purpose of implementing the federal wireless orders.
(6) “Federal wireless orders" means the orders of the federal communications commission regarding 911 emergency services for wireless telephone users in FCC docket no. 94-102.
(7) “Fund" means the wireless 911 fund established by ss.
25.17(1)(yo) and
25.98, Stats.
(9) “Prepaid wireless telephone service" means wireless telephone service which is activated by payment in advance of a finite dollar amount or for a finite set of minutes and which, unless an additional finite dollar amount or finite set of minutes is paid in advance, terminates either upon use by a customer of an agreed-upon amount of service corresponding to the total dollar amount paid in advance, or within a certain period of time following initial purchase or activation.
(10) “Reimbursement period" has the meaning given in s.
146.70(3m)(a)5., Stats.
(11) “Surcharge period" means the 3-year period during which wireless providers shall bill and collect the wireless surcharge authorized by s.
146.70(3m)(f), Stats. The surcharge period shall commence on the first day of the second month beginning after the effective date of s.
PSC 173.10 ….[revisor inserts date] and conclude on the last day of the thirty-sixth month beginning after the month in which the surcharge period commences.
(12) “Wireless provider" has the meaning given in s.
146.70(3m)(a)6., Stats.
(13) “Wireless public safety answering point" has the meaning given in s.
146.70(3m)(a)7., Stats.
(14) “Wireless 911 surcharge" or “wireless surcharge" mean the monthly surcharge authorized by s.
146.70(3m)(f), Stats.
Subchapter II—Wireline 911 Emergency Telecommunications Service Contracts
PSC 173.03 Submission of telecommunications emergency services contracts. (1) A telecommunications utility which enters into a contract with a county for the provisions of 911 emergency telecommunications service shall within 20 days submit the contract for commission review.
(2) In addition to the contract, the utility shall submit all of the following information:
(a) A copy of the county ordinance adopting the plan for a 911 emergency telecommunications system.
(b) A list identifying all participating local exchange carriers and a statement that each has tariffs or concurring tariffs on file with the commission providing for individual 911 contracts.
(c) A list identifying the localities and the number of all service users residing outside the contracting county, specifying the municipality in which they reside.
(d) A list identifying those municipalities outside the contracting county with residents who will be billed for the service.
(e) A statement that all telecommunications service users in the county have access to a 911 system. If such a statement cannot be made with regard to a segment of the county's service users, the telecommunications utility shall provide information indicating that the local exchange carrier serving those service users is not capable of providing the 911 system on a reasonable economic basis on the effective date of the contract.
(f) A list of exchanges in the county with customers served by a 911 system outside the county, which identifies the provider of the 911 service.
(g) A description of access to the 911 system by telecommunications devices for the communicatively impaired.
(h) Cost support for and complete itemization of the installation and monthly charges for automatic number identification, automatic location identification and all trunking service components for both the primary telecommunications utility under the contract and the participating local exchange carriers. Cost support may be in the form of tariff reference if the rates and charges for 911 service are those in the utility's tariffs.
(i) A statement of the total billable exchange access lines for purposes of
the contract and the actual exchange access line count. This statement shall provide detail as to how the billable exchange access line count was determined, including any equivalency factor used for the line equivalents and the number of lines to which the factor applies.
PSC 173.04 Commission review. (1) Upon receipt of a contract for 911 emergency telecommunications service, the commission shall issue a notice of investigation in accordance with s.
PSC 2.09.
(2) Within 60 days of receipt of a contract for the provision of 911 emergency telecommunications service, the commission may disapprove the contract if it finds any of the following:
(a) The contract is not compensatory.
(b) The contract is excessive.
(c) The contract does not comply with the utility's tariff specifying the rates and charges or terms and conditions for the offering of 911 emergency telecommunications service.
(3) The commission may act on the contract without hearing.
(4) Any person may request disapproval of the contract within 20 days of mailing of notice by the commission, specifying reasons for the disapproval in writing. The person may request a hearing by specifying factual issues which are in dispute.
(5) The contract shall be effective immediately on signing and remain effective unless and until disapproved by the commission.
PSC 173.05 Assessment. A telecommunications utility submitting a contract under this chapter shall pay the commission's direct costs of contract approval, unless the utility has an agreement with participating utilities to share this cost.
Subchapter III—Wireless 911 Fund
PSC 173.06 Grant applications from wireless providers. (1) A wireless provider may apply to receive a grant from the wireless 911 fund as reimbursement for costs estimated in sub. (2). Except as provided in sub. (6), the wireless provider shall submit an application to the commission no later than the first day of the third month beginning after the effective date of this section ….[revisor inserts date].
(2) An application under sub. (1) shall contain an itemized estimate, and supporting documentation, of the costs that the applicant has incurred, or will incur, during the reimbursement period to upgrade, purchase, lease, program, install, test, operate, or maintain all data, hardware, and software necessary to comply with the federal wireless orders in this state. This estimate may not include any costs for the implementation of wireless 911 emergency service in this state for which the wireless provider has been reimbursed by customers before or during the reimbursement period.
(3) An application under sub. (1) shall declare the amount of money the wireless provider has recovered or will recover from customers in this state, apart from the wireless surcharge established pursuant to s.
PSC 173.10, as reimbursement for costs the wireless provider has incurred or will incur to implement wireless 911 service. The declaration shall include all money recovered from customers with a recurring billing statement or pre-paid service agreement using a separate line item charge identified as related to or associated with the implementation, installation, maintenance, or operation of wireless 911 emergency service network facilities or service features in this state, regardless of whether the amount collected was actually used for that purpose.
(4) An application under sub. (1) shall contain a description or explanation of the geographic area in the which the wireless provider will provide wireless 911 service in this state. The application shall disclose which local governments within the geographic service area the wireless provider has described have requested from the provider either Phase I or Phase II wireless 911 service in accordance with
47 CFR 20.18(j).
(5) A wireless provider may not apply for a grant under this section if its provision of 911 service does not conform to applicable requirements set forth at
47 CFR 20.18.
(6) A wireless provider that does not provide service to customers in this state before September 3, 2003, may make an application under this section after the date specified in sub. (1), under s.
PSC 173.11(6)(b).
PSC 173.07 Grant applications from local governments. (1) A local government that operates a wireless public safety answering point, or local governments that jointly operate a wireless public safety answering point, may apply to receive a grant from the wireless 911 fund as reimbursement for costs that the applicant has directly and primarily incurred, or will directly and primarily incur, or both, for leasing, purchasing, operating, or maintaining the wireless public safety answering point. The local government shall submit an application to the commission no later than the first day of the third month beginning after the effective date of this section ….[revisor inserts date].
(2) An application under sub. (1) shall do all of the following:
(a) Demonstrate with appropriate documentation that each county which itself is one of the local governments or in which any of the local governments is located has adopted a resolution to satisfy the requirement of ss.
146.70(3m)(c)3. or
4., Stats.
(b) Demonstrate that the designated public safety answering point will serve the geographic area specified by ss.
146.70(3m)(c)5. and
6., Stats.
(c) Demonstrate that the designated public safety answering point has complied with the requirements set forth in
47 CFR 20.18(j).
(d) Contain an estimate of costs under sub. (3).
(e) If an application is for the joint operation of a wireless public safety answering point by local governments, specify the manner in which the estimated costs are apportioned among the local governments.
(3) The estimate of costs under sub. (2)(d):
(a) Shall include an estimate of all costs that the applicant has directly and primarily incurred, or will directly and primarily incur, during the reimbursement period for leasing, purchasing, operating, or maintaining the wireless public safety answering point including costs for all of the following:
1. Necessary network equipment, computer hardware and software, database equipment, and radio and telephone equipment, that are located within the wireless public safety answering point.
2. Training operators of a wireless public safety answering point.
3. Network costs for delivery of calls from a wireless provider to a wireless public safety answering point.
4. Collection and maintenance of data used by the wireless public safety answering point, including data to identify a caller and the location of a caller.
5. 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.
(b) May include costs directly and primarily incurred by the applicant between January 1, 1999, and September 3, 2003, for any costs identified in par. (a)1. or 4.
(c) May not include:
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.
(c) The application complies with the requirements of this chapter.
(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:
