PSC 160.071 (1) (c)
This section is amended to enable low-income speech, mobility or motion impaired voucher recipients to be exempt from the $100 co-payment if they are able to certify that they meet the income requirements of the telecommunications assistance program (TAP), which provides the co-payment for low-income hard of hearing or deaf voucher recipients. In the past, low-income disabled voucher recipients that are speech, motion, or mobility impaired had no program for assistance in paying the $100 co-payment that is required under the TEPP. This has been a barrier for some disabled individuals in obtaining the equipment needed to use the telecommunication system. The number of low-income disabled individuals that would qualify for waiving the $100 co-pay requirement is expected to be small and not expected to significantly affect the TEPP budget.
PSC 160.071 (1) (i)
The addition will the give the Commission the ability to impose consequences on vendors that abuse these programs.
PSC 160.071 (1) (k) 2. and 3.
These additions explicitly allow the purchase of a personal computer under the TEPP to serve as telecommunications equipment for individuals that have a medical statement indicating that such equipment is necessary for that individual to access telecommunications services.
PSC 160.071 (2)
This section deals with leasing specialized customer premises equipment for persons with disabilities. The only change is to make the program optional. While this is a very rarely used option, retaining the concept in the rule will provide flexibility to both providers and customers.
PSC 160.071 (3)
This section is significantly changed to reflect profound changes in the long distance sector of the telecommunications industry. The existing rule requires long distance companies to provide a discount to eligible disabled customers based on the formerly prevalent time-of-day rate discount schedules. These discounts are now outdated because options for long distance providers services and rates have changed with the advent of competition in long distance markets. The draft rule includes language changes to the required discount program so that it is optional for providers to provide the discount and provides the opportunity for providers to be reimbursed for the discount if certain conditions are met. The basis for providing TTY users with a discount is that for the same “conversation," a TTY user's telephone call lasts many times longer than a non-TTY user's telephone call. This discount helps bring TTY users' long distance costs closer to those of non-TTY users. For providers to be reimbursed, they must offer a discount program that results in a minimum of a 35 percent discount. Three options are included in the rule for how providers are able to offer discounts to TTY users. This allows flexibility for providers to choose how they can best offer a discount program to these customers within the constraints of their established billing systems.
PSC 160.071 (4)
This section of the rule relates to discounted wireless service and is similar in intent to the section above. Offering the discount to special needs customers is also optional. The only difference is that in this subsection the discount is applied to the total wireless bill.
PSC 160.071 (7) (b)
The section has two changes. First, this section enables speech impaired customers to receive, without charge, two-line hearing carryover services. This includes intrastate nonrecurring charges or the monthly rate for the second line. Second, a requirement for timely filing of reimbursement requests is added.
PSC 160.073 Public interest pay telephone
The section under par. (3) is added to ensure that when a provider has approval for installation of a new public interest pay telephone, that the telephone is installed in a reasonable timeframe.
The sections under (4) (d) through (g) and (5) (g) are added to further define where public interest pay telephones may or may not be located and places requirements on the operation of those telephones. The section under (6) was amended to clarify the level of detail required in financial records that public interest pay telephone providers must keep. The section under (7) was changed to allow more flexibility in reporting and the section under (8) (d) was added so that public interest pay telephones are labeled as such.
The section under (9) is added to explicitly provide that the Commission may suspend or reduce payment to providers if there are problems with the operation of the public interest pay telephone.
PSC 160.09 High rate assistance credits
The revised rule clarifies how often the high rate assistance credits need to be calculated and defines how the average price of a one-minute intrastate toll call can be determined. It also eliminates the reference to Wisconsin Department of Workforce as the source for median household income since it does not publish such a number. Instead the revised rule references the figure published by the U. S. Census Bureau or as determined by the Commission. If the Commission determines this figure, there will be an opportunity for public comment.
This section also addresses when and how a commercial mobile radio (wireless) service provider's method of calculating high rate assistance credits will be established. Further, it adds certain FCC authorized charges to the pool of charges that are considered when determining whether a credit is owed.
A requirement for timely filing for reimbursement requests is also added.
PSC 160.092 Alternative universal service protection plans (Changes in this section were made after the Council approved the draft rules)
This section is amended to add plans to ensure interlata and intralata toll service, and other measures approved by the Commission to protect universal service, to the list of alternative plans that may be implemented. The existing “intralata toll provider of last resort" section is being deleted from the rule. This amendment allows the Commission to establish a similar (but experimental and limited) program should it become necessary in the future. Such a plan can only be implemented after notice and opportunity for hearing.
PSC 160.10 Rate shock mitigation
A requirement for timely filing for reimbursement requests is added to this section.
PSC 160.11 Assistance to institutions
The section of the rule for the institutional discount program is eliminated. This program was replaced by TEACH, now know as the Educational Telecommunications Access Program. The existing rule allowed continued funding until October 29, 2002, for institutions already in the program. However, as of the beginning of FY2002, no institutions remained in the program.
PSC 160.115
Medical telecommunications equipment program. The term “medical clinic" is clarified to include clinics and hospitals.
This section now includes the terms “directly or indirectly" to clarify that applications, such as those for equipment that improves the efficiency of the medical clinic and so improve patient health care, are eligible for this grant program.
This section changes “will" to “may" in par. (5)(c) since it may be premature for some applicants to have selected their final vendor when applications are filed.
PSC 160.125 (2) Funding to promote access to telecommunications services.
While funding for the projects is provided on a fiscal year basis, this section is changed so that more than one year of funding may be approved when the Commission is awarding grants. This gives flexibility to the Commission to approve multi-year projects if it determines that the success of the program is dependant upon multi-year funding.
Dates for when applications are submitted and awarded are eliminated to give the Commission more flexibility and to recognize that the biennial budget needs to be approved prior to awarding grants.
The matching fund requirement of grant applicants is reduced from 50 percent to 25 percent. With a less stringent matching requirement, more applicants will be able to apply for the grants. Language is also added to clarify that in-kind goods or services may be used to meet the grant matching requirement.
PSC 160.13 Designation of eligible telecommunication carriers (Changes in this section were made after the Council approved the draft rules)
A change is made to (1) (a) to clarify that commercial mobile radio service providers can be designated as eligible telecommunication carriers (ERCs). Section (1) (e) is created to merge the existing pay telephone requirements in Wis. Admin. Code chs.
PSC 160 and
PSC 165. It also allows multiple ETCs to share in the provision of the required pay telephone.
A change was also made to the section defining the territory for which a provider is designated as an ETC. It is changed to indicate that in a non-rural territory the area may not be smaller than a wire center. For rural companies it is changed to indicate that it cannot include only a portion of a wire center. These changes are made to conform with FCC orders.
PSC 160.14 Intralata toll service provider of last resort
This section is deleted. This issue is dealt with in the amendment to PSC 160.092.
PSC 160.15 Identification of charges
This section is amended to conform with existing law concerning identification of the portion of local exchange rates that are for recovery of certain mandatory USF contributions. A new provision is also created stating that adjustments to local exchange rates made more than four months after a new USF assessment rate goes into effect will not be considered to be for the purpose of recovering contributions to the USF. This provision precludes a company from representing on customer bills that a rate adjustment is due to an increase in its USF assessment if the rate increase occurs too long after the actual change in assessment.
PSC 160.17 Fund budget and assessment rates.
A requirement is added that, like it does with the department of administration and the TEACH program, the Commission must consult with the department of public instruction (DPI) before determining the amount budgeted for certain programs DPI administers.
PSC 160.18 Collection of universal service fund monies
The language that established the procedure for the (now passed) initial USF assessment of commercial mobile radio service providers is deleted.
Clarification is added regarding the procedure for objecting to an assessment and how assessment collections will be “trued up" from year to year as customer numbers and company revenues change.
PSC 160.19 Universal Service Fund Council
The requirement for institutional representatives on the USFC has been removed. This was a vestige of the time when the universal service fund rules included an “aid to institutions" program.
Changes to rules other than PSC 160
PSC 161.05 (4)
This provision is deleted because the rule section it references is being repealed,
PSC 165.043 (4)
This provision is amended to add a requirement that notice be provided to customers, in situations where line power is not provided to the network interface device, that service may be affected if there is a power failure. Historically, customers that have their telephone line through telephone wiring in a home are accustomed to telephones functioning even if there is a commercial power outage. This addition would provide notice to those customers that loss of electric power may also affect telephone service. While in early rule drafts this was located in the list of “essential services" in s.
PSC 160.03(2), it was decided that it made more sense to locate this in the consumer protection rules.
PSC 165.088
This provision is being deleted. The issue is dealt with through PSC 160.13 (1) (e).
PSC 171.06 (1)
This provision is amended to clarify that cable television telecommunications service providers are subject to s.
196.218, Stats. This updates the provision to conform with existing law.
Comparison with Existing or Proposed Federal Regulations
There is both a state USF and a federal USF. The state and federal funds and programs are complementary rather than duplicative.
“Eligible Telecommunications Carriers" (ETCs) are designated by the Commission and are, thereafter, eligible for funding from the federal USF and for certain funding from the state USF. ETC status was created by the FCC, and codified in 47 U.S.C. § 214 (e) (2). Under FCC rules, the state Commissions are required to designate providers as ETCs.3
Designation as an ETC is required if a provider is to receive federal USF funding. ETC designation is also required to receive funding from some, but not all, state universal service programs. The FCC established a set of minimum criteria that all ETCs must meet. These are codified in the federal rules.
4 The 1996 Telecommunications Act states that “States may adopt regulations not inconsistent with the Commission's rules to preserve and advance universal service."
5 A court upheld the states' right to impose additional conditions on ETCs in
Texas Office of Public Utility Counsel v. FCC,
183 F.3d 393, 418 (5
th Cir. 1999). Therefore, while states must examine the federal requirements, they are allowed to create additional requirements. Wisconsin has done so. The Commission's requirements for ETC designation clarify and expand upon the more basic FCC rules.
The federal USF provides funding to ETCs that are found to serve high-cost areas. That funding is to be used to help cover the costs of expanding infrastructure into those areas. Doing so should help ensure that rates in those areas stay lower since rates need not provide the funds for that expansion. The Wisconsin USF provides funding to providers with high rates for credits provided to customers. The federal USF also includes lifeline and link-up programs. The Wisconsin Lifeline and Link-Up programs are structured to take maximum advantage of the available federal lifeline and link-up funds.
The federal USF assessment applies to all carriers, including wireless carriers, and is assessed based on interstate revenues. The state USF assessment applies to all providers, including wireless providers (although that assessment is currently suspended) and is assessed based on intrastate revenues. Wisconsin exempts certain providers from assessment, such as those with under $200,000 in intrastate revenues.
Fiscal Estimate
The proposed rule is required to be reviewed periodically by Wis. Stat. 196.218. The rules changes being proposed are intended to continue and enhance the general purposes of the USF statutes and will not add to or subtract from the grants and costs to manage the USF programs.
Comparison with Similar Rules in Adjacent States
The following discussion focuses on areas where significant changes are being made to the USF rules.
Many state USF programs, both in Wisconsin and in other states, are intertwined with federal universal service programs. As a result, there is a certain amount of similarity among state programs. For example, each of the surrounding states has Lifeline and Link-Up type programs.6 As required under federal law, each has income-based eligibility criteria although the specifics vary somewhat. The level of credits to customers and the resulting reimbursements to providers are similar, due in part to the federal matching dollars attached to credit/reimbursement levels. A difference in Link-up programs is that the Wisconsin program will pay for whatever nonrecurring installation costs are not paid for under the federal program. In each of the surrounding states the potential exists for a low-income customer to have to pay for a portion of the installation charges (although three of them also require that any additional amount be eligible for an interest free deferred payment arrangement.) A difference in Lifeline programs is that the four other states have a set figure for the Lifeline credit/reimbursement amount (although in Michigan that amount may vary depending on which company is involved). Wisconsin also has a set amount if the base rate7 is $25 or below. If the base rate is $25 or above, the reimbursement/credit is whatever amount is necessary to bring that base rate to $15. In this way, low-income customers in higher cost (generally rural) areas receive a credit sufficient to bring the base rate to a reasonably affordable level.
Wisconsin also has a program that helps provide access to telecommunications service for persons with hearing, speech and/or mobility disabilities. TEPP provides vouchers to help persons with disabilities that impair their ability to use standard telecommunications equipment to access telecommunications service, obtain equipment that will assist them in doing so. Iowa, Illinois, and Minnesota each have similar programs although the specifics vary. For example, Illinois' program is limited to those with hearing or speech disabilities, and in Minnesota the equipment belongs to the state and must be returned if the customer leaves the state or loses his/her phone line.
Wisconsin was the first and is still only one of three states that have a Public Interest Pay Telephone program.8 The programs of both other states are modeled, in very large part, on the Wisconsin program. This is the first rulemaking since the program was implemented in Wisconsin and the changes made in this rulemaking are based on the experience gained during the first few years of the program.
Wisconsin also has a program to help lower the monthly cost of telephone service in areas of the state where rates are high. In determining whether assistance under this “high rate assistance" program is required, the program looks both at the rate for basic service and what percentage of a county's median household income that rate entails. Although its commission must vote to activate it, Michigan statutes provide for a similar program that would provide a subsidy to customers of the difference between an affordable rate and the company's forward looking economic cost of providing service (should the latter be higher than the former). Illinois has a high-cost program that provides support to small telecommunication providers if the economic costs of providing certain services exceed the affordable rate set for those services.
Notice of Hearing
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in s.
227.11 (2), Wis. Stats., and ch.
460, Wis. Stats., and interpreting Wis. Stats. Chapter
460, the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order to repeal RL 90.02 (3) and (9), 91.03 (1) (c) 3., 5. and 6., 92.01 (3) and 92.02; to renumber and amend RL 91.01 (3) (b) to (f) and 91.03 (2); to amend RL 90.01, 90.02 (2), (6) and (8), 91.01 (title), (intro.) and (2), 91.03 (title), (1) (intro.) and (1) (c) 1., 4. and 7., 91.04, 92.01 (title), (1), (2), (4) (intro.), (a), (b), (5) (intro.), (b), (d) and (e), 93.01 (title) and 93.01, 93.02 (title), (intro.), (2) and (3), 93.03, 93.04 (intro.) and (1) (c), 94.01 (title), (intro.), (6), (9), (16), (19), (20), (26), (27) and (28); to repeal and recreate RL 90.02 (1) (b), 91.01 (3) (a) and 91.03 (1) (c) 2.; and to create RL 90.02 (1g), (1r), (5m), (10) to (13), a Note following RL 91.01 (3) (a), 91.01 (b) to (e), 91.015, 91.03 (1) (c) 8. and (2) (a) and (b), 91.05, a Note following RL 94.01 (27), RL 94.01 (29) to (32) and 94.02, relating to application requirements, definitions, certification, reciprocity, waiver of education requirements and unprofessional conduct, governing the certification of massage therapists and bodyworkers.
Hearing Date, Time and Location
Date: July 14, 2006
Time: 9:00 A.M.
Location: 1400 East Washington Avenue
Room 123
Madison, Wisconsin
