The department finds that the proposed rule will have no significant fiscal impact.
Anticipated costs incurred by private sector:
The department finds that this rule has no significant fiscal effect on the private sector.
Effect on small business
These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1)
, Stats. The Department's Regulatory Review Coordinator may be contacted by email at firstname.lastname@example.org
, or by calling (608) 266-8608.
Agency contact person
Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: (608) 266-0495. Email: email@example.com
Comments may be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Email firstname.lastname@example.org
. Comments must be received on or before August 1, 2006, to be included in the record of rule-making proceedings.
TEXT OF RULE
SECTION 1. MPSW 13.01 is repealed.
Notice of Hearings
(Fish, Game, etc., Chs. NR 1
NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014
and 227.11 (2) (a)
, Stats., interpreting ss. 29.014
, Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 10
, Wis. Adm. Code, relating to the 2006 migratory game bird seasons and waterfowl hunting zones. The proposed rule establishes the season length and bag limits for the 2006 Wisconsin migratory game bird seasons. For ducks, the state is divided into two zones each with 60-day seasons. The season is proposed to begin at 9:00 a.m. on September 23 and continue for 60 consecutive days in the north, closing on November 21. In the south, the season would begin at 9:00 a.m. on September 30 and continue through October 8, followed by a 5-day split, and then reopening on October 14 and continuing through December 3. The daily bag limit is 6 ducks including no more than 4 mallards, of which only one may be a hen, one black duck, one pintail, one canvasback (from October 14 to November 12 statewide), 2 wood ducks, 2 redheads and 2 scaup.
For Canada geese, the state is apportioned in 3 goose hunting zones with other special goose management subzones within the Exterior Zone. Season lengths are: Collins Zone – 64 days; Horicon Zone – 92 days; Exterior Zone – 92 days; and the Mississippi River subzone – 70 days. The Burnett County subzone is closed to Canada goose hunting. The statewide daily bag limit for Canada geese is the Horicon and Collins Zones is 2 birds per day during the open seasons within each zone. In the Exterior Zone and its subzones, the daily bag limit will be one bird per day from September 16 to October 1 and 2 birds per day for the remainder of the season.
NOTICE IS HEREBY FURTHER GIVEN that in addition to comments on the proposed season lengths and bag limits, the Department is seeking public input regarding proposals (1) for the opening time for the first day of the 2006 duck seasons; (2) to eliminate the Canada goose Horicon Intensive Management subzone adjacent to the Horicon National Wildlife Refuge; and (3) establishing a new North/South zone boundary for Wisconsin's duck zones for the 2006-2010 period.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114
, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at SmallBusiness@dnr.state.wi.us
or by calling (608) 266-1959.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150
, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
August 7, 2006 Basement conference room
(Monday) County Administration Building
400 4th Street North
La Crosse at 7:00 p.m.
August 8, 2006 Room A, DNR Service Center
(Tuesday) 107 Sutliff Avenue
Rhinelander at 7:00 p.m.
August 9, 2006 Room 310, Green Bay City Hall
(Wednesday) 100 N. Jefferson Street
Green Bay at 7:00 p.m.
August 10, 2006 Main conference room
(Thursday) State Office Building
141 NW Barstow Street
Waukesha at 7:00 p.m.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Ms. Kim Benton at (608) 261-6458 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written Comments and Copy of Rule
The proposed rule and supporting documents, including the fiscal estimate may be viewed and downloaded and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov
. (Search this website using the Natural Resources Board Order No. WM-26-06.) Written comments on the proposed rule may be submitted via U.S. mail to Ms. Kim Benton, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until August 10, 2006. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. If you do not have Internet access, a personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Benton.
Notice of Hearing
Public Service Commission
The Public Service Commission of Wisconsin proposes an order to revise ch. PSC 160
, relating to the provision of universal telecommunications service, administration of the universal service fund and related changes.
The Commission invites testimony and written comments about all of the proposed rule changes, and also about:
• Whether changes concerning Eligible Telecommunications Carrier (ETC) status are necessary or desirable pursuant to changes made to the federal ETC requirements by the Federal Communications Commission (FCC).1
1See, In Re: Federal-State Joint Board on Universal Service, “Report and Order," CC Docket No. 96-45; FCC 05-46, issued March 17, 2005. The Report and Order adopted certain recommendations made by the Federal-State Joint Board on Universal Service regarding minimum eligibility, certification, and reporting requirements for carriers wanting to be designated as an ETC by the FCC. The Report and Order encouraged states exercising jurisdiction over ETC designations pursuant to 47 U.S.C. § 214 (e) (2), to adopt the same requirements. In addition, the Report and Order permits states to extend generally applicable consumer protection requirements to all ETCs, including wireless carriers.
• Whether assessment of wireless providers should be resumed.
Whether changes should be made to Wis. Admin. Code ss. PSC 160.031
to update the data transmission capability requirement. Possible approaches could be:
• Making no changes to the section.
• Raising the speed requirement for all voice grade lines to some other number, such as 28 kbs, or 56 kbps.
• Other options, such as allowing for the use of other, non-voice grade services to meet the requirement, allowing partnering with other providers, allowing phase-in periods or applying the requirement to a certain percentage of customers, allowing waivers if the company can demonstrate that meeting the requirement will not be profitable, or using Universal Service Fund (USF) money to allow companies to meet the requirement. These options are further described in the Commission Information Memo on Data Transmission.2
2 The Commission Information Memo is dated November 2, 2005, and is available on the Commission website, psc.wi.gov
, under Telecommunications Major Cases.
Analysis Prepared by the Public Service Commission of Wisconsin
The analysis is set forth as Attachment A.
Initial Regulatory Flexibility Analysis
Existing USF 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. These small telecommunications utilities, like other telecommunications providers (both large and small), have obligations under the USF, including an obligation for payments to the USF. Additionally, this rule continues to allow the USF assessment of commercial mobile radio service (CMRS) providers, although the assessment has been suspended by the Commission pending the promulgation of this rule. The Commission may or may not end the suspension. Other requirements in the rule only apply to CMRS providers who voluntarily choose to become designated as eligible telecommunications carriers. Since the Commission does not regulate CMRS providers, its does not have records indicating how many of them are small businesses.
These proposed rules should have no particular impact on small businesses. The Commission already has established, in s. PSC 160.18 (1)
, an exemption from fund assessments to protect entry by and continued operation of small telecommunications providers as directed by statutory objectives. In s. PSC 160.01 (2) (b)
, the existing rules allow the Commission to give individual consideration to unusual situations and to adopt different requirements for particular telecommunications providers. Small businesses can request that the Commission provide an exception to a rule requirement. There are no new reporting or bookkeeping requirements created under these proposed rules.
The agency has considered the methods in s. 227.114 (2)
, Stats., for reducing
the impact of the rules on small businesses. Accordingly, the agency has included provisions for exemption from assessments for small providers, and allowing requests for consideration of unusual circumstances, as noted above. Further application of these methods is not consistent with statutory objectives.
These rule changes have no fiscal impact. There is also no financial impact on the private sector.
Notice of Hearing
NOTICE IS GIVEN that pursuant to s. 227.16 (2) (b)
, Stats., the Commission will hold a public hearing on these proposed rule changes in the Amnicon Falls Hearing Room at the Public Service Commission Building, 610 North Whitney Way, Madison, Wisconsin, on Friday, July 14, 2006
, at 9:30 a.m. This building is accessible to people in wheelchairs through the Whitney Way (lobby) entrance. Handicapped parking is available on the south side of the building.
Any person may submit written comments on these proposed rules. The hearing record will be open for written comments from the public, effective immediately, and until Friday, July 28, 2006, at noon (Thursday, July 27, 2006, at noon, if filed by fax). All written comments must include a reference on the filing to docket 1-AC-198. File by one mode only.
Industry: File comments using the Electronic Regulatory Filing system. This may be accessed from the Commission's website psc.wi.gov.
Members of the Public:
If filing electronically: Use the Public Comments system or the Electronic Regulatory Filing system. Both of these may be accessed from the Commission's website psc.wi.gov.
If filing by mail, courier, or hand delivery: Address as shown in the box on page 1.
If filing by fax: Send fax comments to (608) 266-3957. Fax filing cover sheet MUST state “Official Filing," the docket number 1-AC-198, and the number of pages (limited to 25 pages for fax comments).
Questions regarding this matter should be directed to Anita Sprenger, Universal Service Fund Manager at (608) 266-3843. Small business questions may be directed to Gary Evenson at (608) 266-6744 or Gary.Evenson@psc. state.wi.us. Media questions should be directed to Linda Barth, Director of Governmental and Public Affairs at (608) 266-9600. Hearing or speech-impaired individuals may also use the Commission's TTY number, if calling from Wisconsin (800) 251-8345, if calling from outside Wisconsin (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 get this document in a different format should contact Anita Sprenger, as indicated in the previous paragraph, as soon as possible.
Analysis Prepared by the Public Service Commission of Wisconsin
Statute interpreted: 196.218, Stats.
Objective of the Rule
The objective of this rulemaking is to revise the existing ch. PSC 160
, Universal Service Support Funding and Programs. These rules were originally created in 1996, then revised in 2000. Minor changes are also made to Wis. Admin. Code chs. 161
, and 171
. In the proposed rule, the Commission revises existing Universal Service programs that provide access to telecommunications service to all Wisconsin customers regardless of geographic location, income or disability, and to assist in the deployment of advanced services in all areas of the state. In this same chapter, are revisions to the mechanism for funding those programs and for administering the Universal Service Fund (USF).
The Commission is proposing the following revisions to its universal service rules to reflect its experience with administering and operating the programs included in this proposed rule. The revisions also reflect the evolution of the telecommunications market and telecommunications technology in Wisconsin, and also ensure that state universal service programs do not conflict with new federal programs and rules.
In preparation of these proposed rules, Commission staff worked closely with the Universal Service Fund Council (USFC). The USFC submitted its recommendations on rule changes to the Commission in January 2002. Since then, staff continued revising various sections of the rule. Many of the changes were minor and editorial, but some were substantive. On August 30, 2004, the USFC approved a revised draft of the rules that incorporated all of the changes staff had proposed to that point. Only a few changes to the proposed rule have been made since the USFC approved the draft in August 2004. Those sections are noted in the analysis below.
Statutory Authority to Promulgate the Proposed Rule
, Stats., defines and authorizes the USF. Specifically, s. 196.218 (5m)
, Stats., requires the Commission to periodically review and revise, as appropriate, the universal service rules.
Section-by-Section Analysis of the Proposed Revisions
A number of non-substantive changes have been made to update language to current drafting style. For example, uses of “shall not" have been changed to “may not."
PSC 160.01 Scope and Purpose
The only change is to the reference regarding services to programs since this chapter focuses on universal service programs.
PSC 160.02 Definitions
The modifications reflect updates in statutes and rules. The definition of “institutions" is removed since the institutions program no longer exists. A definition for “pay-per-call service" has been added as defined in statute. Cognitive impairment has been added to the definition of disability to address the needs of those individuals with cognitive impairments that need specialized telecommunications equipment to have access to essential telecommunications services. SeniorCare under s. 49.688
, Stats., has been added as a program that enables a household to be defined as low-income. This will enable many of the senior citizens that currently qualify under the Wisconsin Homestead Tax Credit eligibility criteria to now qualify under SeniorCare. The verification process for SeniorCare is simpler and more efficient than the verification process for Homestead Tax Credit. The definition of “two-line hearing carryover" has been added.
PSC 160.03 Essential Telecommunications Services
Single party revertive calling is deleted from the list of essential telecommunication services with regard to the USF because it is already included as a basic utility obligation under Wis. Admin. Code s. PSC 165.081 (6)
. The description of toll blocking is changed so that rather than repeating the requirement here, it refers to the section of the rule relating to toll blocking.
The USFC recommended deleting the directory listing and annual directory distribution requirements from the list of essential services because at the time this was decided, another rulemaking would have made these sections redundant. That rule is not through the promulgation process, so the recommended changes to this rule have not been included in this rulemaking. They can be included in the next review of these rules.
PSC 160.035 Advanced Service Capabilities
This authorizes the Commission to use universal service support to enable a provider to use other sources, such as small diameter satellite dish system companies, to provide an equivalent to an advanced service when it is not reasonable to require a provider to offer a given advanced service capability.
PSC 160.04 Toll Blocking
The proposed revisions for this section include blocking of all pay-for-service calls, rather than specifying 900 and 976 calls as the current rule does. Clarification concerning the blocking of collect and certain other calls is added.
PSC 160.05 Universal Service Fund Programs
Reference to the “assistance to institutions" program is eliminated since this program no longer exists. Intralata toll provider of last resort is removed from the program list since the section it refers to is being deleted. Two-line voice carryover was expanded to also include two-line hearing carryover.
PSC 160.06 Eligibility for Low-Income Programs
This section is updated to expand eligibility to those who qualify for federal USF support as residents of tribal lands.
PSC 160.061 (1)
Changes to this section allow residences with more than one telephone line to qualify for LinkUp for one of the lines. (Currently residences with more than one line are not eligible for any LinkUp assistance.) This modification allows more flexibility for participants in the program, particularly in situations where a separate telephone line is needed by a low-income resident of a household where multiple families or unrelated roommates share an address. With this change, the rule would be consistent with the Federal Communications Commission (FCC) rule which now allows Lifeline to cover one line in residences with more than one line.
PSC 160.061 (5)