Rule-Making Notices (Hearing Notices)

None

Notice of Hearing

Agriculture, Trade and Consumer Protection

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The State of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on a proposed amendment to chapter ATCP 123, Wis. Adm. Code, relating to electronic communication services.

Hearing Information

Wednesday, May 28, 2008

9:00 a.m. to 11:00 a.m.

Dept. of Agriculture, Trade and Consumer Protection

2811 Agriculture Drive, Board Room (CR-106)

Madison, Wisconsin, 53718-6777

Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by Thursday May 15, 2008, by writing to Michelle Reinen, Division of Trade and Consumer Protection, P.O. Box 8911, Madison, WI 53708-8911, telephone [phone]. Alternatively, you may contact the DATCP TDD at [phone]. Handicap access is available at the hearings.

Submission of Written Comments

DATCP will hold a public hearing at the time and place shown above. DATCP invites the public to attend the hearing and comment on the proposed rule. Following the public hearing, the hearing record will remain open until Friday, June 13, 2008 for additional written comments. Comments may be sent to the Division of Trade and Consumer Protection at the address below, by email to [e-mail] or online at: https://apps4.dhfs.state.wi.us/admrules/public/Home

To provide comments or concerns relating to small business, please contact DATCP's small business regulatory coordinator Keeley Moll at the address above, by emailing to [e-mail] or by telephone at [phone].

Copies of Proposed Rule

You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Trade and Consumer Protection, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling [phone] or emailing [e-mail]. Copies will also be available at the hearings. To view the proposed rule online, go to:

https://apps4.dhfs.state.wi.us/admrules/public/Home

Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection

The Department of Agriculture, Trade and Consumer Protection (DATCP) administers rules to protect consumers against unfair sales and billing practices related to telecommunications services, cable television services and satellite television services. Current rules are contained in ch. ATCP 123, Wis. Adm. Code.

This rule updates current rule coverage to reflect new service delivery methods and “bundling" practices, and to conform to law changes enacted in 2007 Wis. Act 42. This rule maintains current protection for video service subscribers, regardless of the method used to deliver the video service.

Statutes interpreted

Sections 100.20 and 100.207, Wis. Stats.

Statutory authority

Sections 93.07 (1), 100.20 (2), 100.207 (6) (e) and 100.209 (3), Wis. Stats.

Explanation of agency authority

DATCP has general authority, under s. 93.07(1), Stats., to interpret laws under its jurisdiction. DATCP has authority, under s. 100.207, Stats., to regulate sales and billing practices related to telecommunications. DATCP also has broad authority, under s. 100.20, Stats., to regulate methods of competition and trade practices in business.

Related rules or statutes

The Wisconsin public service commission (PSC) regulates telecommunications service providers to the extent provided under chapter 196, Stats. The department of financial institutions (DFI) and local municipalities regulate video service providers to the extent provided in ch. 66, Stats.

2007 Wisconsin Act 42 changed the way that Wisconsin regulates cable television and other video services. The act provided for state, rather than local, franchising of video service providers. The act also changed prior definitions, and added a new definition of “video services." This rule incorporates new statutory definitions, in order to maintain the coverage of current rules.

Rule background

Current DATCP rules regulate unfair sales and billing practices related to telecommunications, cable television and satellite television provided to consumers on a subscription basis. The current rules do all of the following:

•   Require providers to disclose subscription terms and conditions.

•   Prohibit billing for unordered services.

•   Prohibit the imposition of price increases without prior notice and opportunity to cancel.

•   Prohibit unfair “negative option" billing practices.

Since DATCP adopted the current rules, business practices and technology have changed. For example, video services can now be delivered over telephone lines. Providers now offer “bundled" service packages that may include local telephone, long-distance telephone, wireless telephone, video, internet and other services. Consumers may receive a number of these services on one electronic device, and may receive one bill for all of the “bundled" services.

This rule updates current rule coverage to ensure that protection is afforded to video service consumers on an equal basis, regardless of the technology or method used to deliver the service. This rule does not make major changes in rule content, but does make minor content adjustments to address new service delivery methods and “bundling" practices.

Plain language analysis

This rule does all of the following:

•   Retitles ch. ATCP 123 from “Telecommunications and Cable Television Services" to “Electronic Communication Services."

•   Defines “electronic communication service" to include telecommunications service, video service, broadband internet service and satellite television service provided on to consumers on a subscription basis. “Electronic communication service" also includes any good or service that a subscriber is required to purchase from the service provider in order to obtain the electronic communication service.

•   Defines “video programming" and “video service," consistent with current statutes.

•   Changes “telecommunications service or cable television service" where it appears in the main body of the rule to “electronic communication service."

•   Changes other words in the rule text to reflect recent statutory definition changes (2007 Wisconsin Act 42).

Comparison with federal regulations

Congress and the federal communications commission have significantly reduced federal regulation of telecommunications service and video services. The federal government has left, to state governments, much of the responsibility for regulating the business practices of service providers.

Comparison with rules of adjacent states

No surrounding states regulate the subscription and billing practices of telecommunication and video service providers in a manner similar to Wisconsin. The surrounding states approach the regulation of this industry by focusing on specific trade practices, such as the unauthorized switching of long-distance services or consumer protection for users of coin-operated phones. Wisconsin is the only state that has comprehensive regulation providing standards for subscription and billing practices that apply equally to all competing providers.

Summary of factual data and analytical methodologies

This rule does not depend on any complex analysis of data. This rule merely updates current rules to address changes in business practices and technology, and to incorporate new definitions created under 2007 Wisconsin ACT 42.

Initial Regulatory Flexibility Analysis

This rule will have few, if any, negative impacts on business. This rule simply updates the definitions and coverage of current rules to prevent the erosion of current consumer protection regulations. Some video service providers now use new electronic delivery methods that are not covered by current rules. This rule applies existing consumer protection standards to those new delivery methods, so that consumers will continue to enjoy protection. This rule will help maintain fair competition between video service providers, regardless of the delivery method used. None of the video service providers using the new electronic delivery methods are small businesses.

Fiscal Estimate

This rule will have no significant fiscal impact on DATCP or local units of government.

Notice of Hearing

Commerce

Elevators, Escalators and Lift Devices, Ch. Comm 18

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NOTICE IS HEREBY GIVEN that pursuant to ss. 101.02 (15) (j), 101.17, 101.63 and 101.981 to 101.986, Stats., the Department of Commerce will hold a public hearing on proposed rules under chapters Comm 5, 18 and 21, relating to the technical requirements for conveyances and licensing of installers of residential conveyances.

Hearing Information

The public hearing will be held as follows:

Date and Time:	Location:
May 15, 2008 Thursday 10:00 a.m.	Thompson Commerce Bldg. Third Floor Conf. Room #3B 201 W. Washington Avenue Madison, Wisconsin

This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call [phone] or [phone] (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.

Submission of Written Comments

Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until May 29, 2008, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Larry Swaziek, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at [e-mail].

Copies of Proposed Rule

The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at [e-mail], or at telephone [phone] or [phone] (TTY). Copies will also be available at the public hearing.

Agency Contact Person

Larry Swaziek, Program Manager, [phone], email: [e-mail].

Small Business Regulatory Coordinator

The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone [phone], or Email at [e-mail].

Analysis Prepared by Department of Commerce

Statutes interpreted

Sections 101.02 (15) (h) to (j), 101.17, 101.63 (1), and 101.981 to 101.985, Stats.

Statutory authority

Sections 101.02 (15) (h) to (j), 101.17, 101.63 (1), and 101.981 to 101.985, Stats.

Related statute or rule

Chapters Comm 60 to 66, Wisconsin Commercial Building Code

Chapters Comm 20 to 25, Wisconsin Uniform Dwelling Code

Explanation of agency authority

Under the authority of ss. 101.17, 101.63 and 101.982, Stats., the Department has the authority to promulgate rules for the safe installation and operation of conveyances (elevators, escalators and lift devices). Under the authority of ss. 101.17, 101.983 and 101.988, Stats., the Department has the authority to promulgate rules for required permits, inspection and enforcement of the technical standards. Under the authority of ss. 101.984 and 101.985, Stats., the Department has the authority to develop licensing and permitting requirements related to the installation of conveyances.

Plain language analysis

The primary revisions to chapter Comm 18 are to adopt the most current editions of the ASME A17.1, Safety Code for Elevators and Escalators and the ASME A18.1, Safety Standard for Platform Lifts and Stairway Chairlifts relating to the regulation of conveyances. The rules under this chapter are also being updated to require elevators and dumbwaiters serving dwelling units to comply with the technical requirements established in chapter Comm 18, as authorized by recent legislation. The proposed rules contain a number of modifications to the technical requirements within these standards, reorganization of current requirements and editorial changes. The following is a summary of the major rule changes to these chapters:

(a)   The definition of “conveyance" is included under chapters Comm 5 and 18 and the definition excludes platform lifts and stairway chairlifts from regulations when they serve private dwelling units. A definition of “dwelling unit" has also been included under Comm 18. [See Comm 5.003 (10g) and Comm 18.1004 (6) and (10)]

(b)   The licensing requirements for conveyance contractors and installers in chapter Comm 5 are being updated to require such licensure for the installation of elevators and dumbwaiters serving dwelling units. [See Comm 5.003 (10g), 5.991, 5.998 and 5.999]

(c)   The rules have been modified to differentiate between conveyances installed in public buildings and places of employment and to specifically identify those conveyances that will be included for code application when they are installed in dwelling units. [See Comm 18.1002 (1) (b)]

(d)   Chapter Comm 18 has been modified in numerous places to use the term “conveyances" in place of the terms “elevators, escalators and lift devices." [See Comm 18.1008, 18.1009, 18.1013, 18.1014 and 18.1015]

(e)   A requirement will be created to indicate that ASME A17.1 section 5.3 applies to elevators serving dwelling units, except for those private residence elevators installed in public buildings and places of employment prior to July 1, 2002. The requirements for private residence inclined elevators as specified under ASME A17.1 section 5.4 will now apply to dwelling units and the current requirement indicating that ASME A17.1 section 5.4 requirements do not apply will be repealed. [See Comm 18.1705 (2) and 18.1705 (3)]

(f)   The plan review requirements will be the same for elevators or dumbwaiters installed in public buildings, places of employment or serving dwelling units, except plans submitted for elevators or dumbwaiters serving dwelling units will not be required to contain the stamp of the supervising building designer. [See Comm 18.1013 (2) (b) 6.]