Wisconsin Legislature: Text

(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.

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.