Chapter ATCP 123

ATCP 123.02(2) (2) Disclosure in writing. Except as provided under sub. (3), a provider shall make the disclosures under sub. (1) in writing. The provider shall disclose the material terms of the subscription in context with each other, and shall not separate those material terms by promotional information.

ATCP 123.02(3) (3) Oral or electronic disclosure; written confirmation. If a consumer subscribes orally or electronically, the provider may make the disclosure under sub. (1) orally or electronically, provided that both of the following apply:

ATCP 123.02(3)(a) (a) The provider confirms the disclosure in writing on or before the 15th day after the consumer subscribes, or on or before the day that the provider first bills the consumer under the subscription, whichever is later. The provider may confirm the disclosure as part of a regular billing statement to the consumer.

ATCP 123.02 Note Note: A provider may incorporate by reference, in its written confirmation under par. (a), information contained in a telephone book or other periodic reference document provided to the subscriber.

ATCP 123.02(3)(b) (b) The provider does one of the following:

ATCP 123.02(3)(b)1. 1. Notifies the consumer that the consumer may cancel the subscription at any time without incurring any cancellation charge or disconnect fee.

ATCP 123.02(3)(b)2. 2. Notifies the consumer that the consumer may cancel the subscription, without incurring any cancellation charge or disconnect fee, prior to a specified cancellation deadline which is not less than 3 days after the consumer receives the written confirmation under par. (a).

ATCP 123.02(4) (4) Long distance telecommunications rates; exemption. A provider of long distance telecommunications services need not disclose specific long distance rates under sub. (1) if the provider discloses all of the following under sub. (1):

ATCP 123.02(4)(a) (a) A method by which the consumer may readily determine, without cost to the consumer, the specific rate for long distance telecommunications service between two points. Rates disclosures under this paragraph need not include discounts under par. (b) that will apply.

ATCP 123.02(4)(b) (b) Any discounts that will apply to long distance rates disclosed to the consumer under par. (a).

ATCP 123.02(5) (5) Pay-per-view video programming charges; exemption. A provider of pay-per-view video programming is not required to disclose per-view charges under sub. (1) if all of the following apply:

ATCP 123.02(5)(a) (a) The consumer does not incur the per-view charges unless the consumer specifically orders the services to which those charges pertain.

ATCP 123.02(5)(b) (b) The provider discloses the per-view charges at or before the time that the consumer orders the services to which those charges pertain.

ATCP 123.02(5)(c) (c) The provider discloses under sub. (1) any subscription charges which the consumer must pay for the right to order pay-per-view services under par. (a).

ATCP 123.02 History History: Cr. Register, July, 1996, No. 487, eff. 1-1-97; CR 08-027: am. (5) (title) and (intro.) Register December 2008 No. 636, eff. 1-1-09.

ATCP 123.04 ATCP 123.04 Subscription changes.

ATCP 123.04(1) (1) Disclosure required. Except as provided under sub. (2), no provider may initiate any price increase or other subscription change without giving the consumer prior notice of that price increase or subscription change. The provider shall give the notice at least 25 days, but not more than 90 days, prior to the subscription change. The provider may give the notice as part of a regular billing statement to the consumer.

ATCP 123.04 Note Note: Section 100.209 (2), Stats., requires a multichannel video programming distributor, as defined in 47 USC 522 (13), to give a consumer at least 30 days advance written notice before deleting a service or instituting a rate increase.

ATCP 123.04(2) (2) Exemptions. Subsection (1) does not apply if any of the following apply:

ATCP 123.04(2)(a) (a) The consumer orders the subscription change, and the provider complies with s. ATCP 123.02 in connection with that order.

ATCP 123.04(2)(b) (b) The subscription change does not alter the price of the service offering or the total amount billed to the consumer, and does not materially alter the consumer features, functions, or capabilities which comprise the service offering.

ATCP 123.04(2)(c) (c) The subscription change merely expands a service offering currently billed to the consumer without doing any of the following:

ATCP 123.04(2)(c)1. 1. Increasing the price of that service offering or increasing the total amount billed to the consumer.

ATCP 123.04(2)(c)2. 2. Combining that service offering with another service offering which the consumer can order separately, but which the consumer has not affirmatively ordered.

ATCP 123.04(2)(c)3. 3. Making other material changes to the consumer features, functions, or capabilities which comprise that service offering.

ATCP 123.04(2)(d) (d) The subscription change results from the expiration of terms granted to the consumer under an introductory or other promotional offer, provided that the provider disclosed both of the following to the consumer at or before the time that the consumer subscribed:

ATCP 123.04(2)(d)1. 1. The duration of the promotional offer.

ATCP 123.04(2)(d)2. 2. The terms that would apply after the promotional offer expired.

ATCP 123.04(2)(e) (e) The subscription change is limited to a change in long distance rates that are exempt from disclosure under s. ATCP 123.02 (4).

ATCP 123.04(2)(f) (f) The subscription change is limited to a change in pay-per-view video programming charges that are exempt from disclosure under s. ATCP 123.02 (5).

ATCP 123.04(2)(g) (g) Section ATCP 123.12 exempts the subscription change from coverage under this chapter.

ATCP 123.04(3) (3) Disclosure form and contents. A provider shall make the disclosure under sub. (1) in writing. The disclosure shall do all of the following:

ATCP 123.04(3)(a) (a) Clearly describe the proposed subscription change, including any change in price, and any material change in consumer features, functions, or capabilities.

ATCP 123.04 Note Note: See s. ATCP 123.06 related to negative option billing.

ATCP 123.04(3)(b) (b) Specify the effective date of the proposed change.

ATCP 123.04(3)(c) (c) Disclose that the consumer may cancel any service offering directly or indirectly affected by the change, without incurring a cancellation charge or disconnect fee, effective not later than the effective date of the subscription change. This disclosure is not required if, under the terms of the subscription, the consumer may cancel service offerings at any time without incurring a cancellation charge or disconnect fee.

ATCP 123.04 History History: Cr. Register, July, 1996, No. 487, eff. 1-1-97; CR 08-027: am. (2) (f) Register December 2008 No. 636, eff. 1-1-09.

ATCP 123.06 ATCP 123.06 Negative option billing.

ATCP 123.06(1) (1) Prohibition. Except as provided under subs. (2) or (3), no provider may bill a consumer for a service offering that the consumer has not affirmatively ordered. A consumer’s failure to reject a service offering is not an affirmative order for service. A consumer’s affirmative order for service may be made orally, electronically, or in writing, subject to s. ATCP 123.02.

ATCP 123.06(2) (2) Expanded service offering; exemption. A provider need not obtain an affirmative order from a consumer before expanding a service offering currently billed to that consumer unless the expansion has the effect of combining that service offering with another service offering which the consumer can order separately but has not affirmatively ordered.

ATCP 123.06 Note Note: See s. ATCP 123.04 related to advance notice of price increases and other subscription changes, including expansions of service offerings.

ATCP 123.06(3) (3) Long distance telecommunications services; exemptions.

ATCP 123.06(3)(a) (a) Subsection (1) does not prohibit a provider of telecommunications services from billing a consumer for services which that provider is required by law to deliver to that consumer.

ATCP 123.06(3)(b) (b) Subsection (1) does not prohibit a consumer’s appointed provider of long distance telecommunications services, merely because that consumer did not affirmatively select that provider, from billing that consumer for services used by that consumer.

ATCP 123.06 History History: Cr. Register, July, 1996, No. 487, eff. 1-1-97.

ATCP 123.08 ATCP 123.08 Automatic renewal or extension. No subscription for a definite period of time may be renewed or extended beyond its scheduled termination date, pursuant to an automatic renewal or extension provision in the contract, unless one of the following applies:

ATCP 123.08(1) (1) The consumer is free to cancel the contract at any time.

ATCP 123.08(2) (2) The provider gives the consumer a written notice reminding the consumer of the scheduled automatic renewal or extension. The reminder notice shall be designed to be readily noticed and understood by the consumer. The notice shall be given at least 30 days but not more than 60 days prior to the scheduled effective date of the automatic renewal or extension.

ATCP 123.08 Note Note: A written notice under this section may be included as part of any billing statement given to the consumer at least 30 days but not more than 60 days prior to the effective date of the automatic renewal.

ATCP 123.08 History History: Cr. Register, July, 1996, No. 487, eff. 1-1-97.

ATCP 123.10 ATCP 123.10 Prohibited practices. No provider may do any of the following:

ATCP 123.10(1) (1) Offer to a consumer any prize, prize opportunity, or free or reduced price goods or services whose receipt is conditioned upon an agreement to purchase or lease an electronic communications service unless the provider discloses that purchase or lease requirement in connection with every public announcement or advertisement of the prize, prize opportunity, or free or reduced price goods or services.

ATCP 123.10 Note Note: See also s. 134.74, Stats., and s. ATCP 123.02.

ATCP 123.10(2) (2) Misrepresent the provider’s identity to a consumer.

ATCP 123.10(3) (3) Misrepresent that a consumer has subscribed to or received an electronic communications service.

ATCP 123.10(4) (4) Misrepresent the terms of a subscription.

ATCP 123.10(5) (5) Fail to identify, in each bill presented to a consumer, the service offerings for which the provider is billing the consumer.

ATCP 123.10(6) (6) Fail to honor, on a timely basis, a consumer’s request to cancel an electronic communications service according to this chapter and the terms of the subscription for that service.

ATCP 123.10(7) (7) Charge a consumer a fee for canceling a subscription or service offering unless the fee is disclosed to the consumer according to ss. ATCP 123.02 and 123.04.

ATCP 123.10 Note Note: Section ATCP 123.04 (2) limits cancellation charges and disconnect fees in some cases, regardless of whether those fees are disclosed.

ATCP 123.10(8) (8) Bill a consumer for an electronic communications service in violation of this chapter.

ATCP 123.10(9) (9) Propose or enter into any contract with a consumer that purports to waive a consumer’s rights under this chapter, or that purports to authorize any violation of this chapter.

ATCP 123.10 History History: Cr. Register, July, 1996, No. 487, eff. 1-1-97; CR 08-027: am. (1), (3), (6) and (8) Register December 2008 No. 636, eff. 1-1-09.

ATCP 123.12 ATCP 123.12 Activities regulated by public service commission.

ATCP 123.12(1) (1) This subchapter does not apply to any activity, including any notice to a consumer of a subscription change, that is specifically authorized under s. 196.204 or 196.499 (4), Stats., or under a rule or order issued by the state of Wisconsin public service commission.

ATCP 123.12(2) (2) This subchapter does not authorize any activity prohibited by ch. 196, Stats., or by the state of Wisconsin public service commission under ch. 196, Stats.

ATCP 123.12 History History: Cr. Register, July, 1996, No. 487, eff. 1-1-97; CR 08-027: am. (1) (b) Register December 2008 No. 636, eff. 1-1-09; CR 08-067: am. (1) (intro.) and (2) Register July 2009 No. 643, eff. 8-1-09; corrections in (1) (a), (b) made under s. 13.92 (4) (b) 7., Stats., Register April 2013 No. 688; CR 14-047: consol. (1) (intro.) and (a) and renum. (1) and am., r. (1) (b) Register May 2015 No. 713, eff. 6-1-15.

subch. III of ch. ATCP 123 Subchapter III — Customer Access to Video Services

Subch. III of ch. ATCP 123 Note Note: Pursuant to 2007 Wisconsin Act 42, this subchapter interprets s. 66.0420 (8), Stats., which regulates customer access to video services and prohibits discriminatory practices by video service providers. Act 42 does not authorize the department to take enforcement action against video service providers who violate s. 66.0420 (8), Stats., or this subchapter. However, affected individuals, municipalities, interim cable operators, or video service providers adversely affected by violations of s. 66.0420 (8), Stats., or this subchapter may initiate legal action against the violator to the extent authorized by law.

ATCP 123.20 ATCP 123.20 Definitions. In this subchapter:

ATCP 123.20(1) (1) “Alternative technology” means a technology, other than satellite service, that is not part of the provider’s normal video service network but that does all of the following:

ATCP 123.20(1)(a) (a) Offers service, functionality, and content demonstrably similar to the service, functionality, and content provided through the provider’s normal video service network.

ATCP 123.20(1)(b) (b) Provides access to PEG channels, as defined in s. 66.0420, Stats., and messages broadcast over the emergency alert system.

ATCP 123.20(2) (2) “Basic local exchange service area” has the meaning given in s. 66.0420 (2) (b), Stats.

ATCP 123.20(3) (3) “Cable service” has the meaning given in s. 66.0420 (2) (e), Stats.

ATCP 123.20(4) (4) “Franchise area” means the geographic area covered by a state franchise.

ATCP 123.20(5) (5) “Group” means 2 or more households.

ATCP 123.20(6) (6) “Household” has the meaning given in s. 66.0420 (2) (k), Stats.

ATCP 123.20(7) (7) “Incumbent cable operator” has the meaning given in s. 66.0420 (2) (L), Stats.

ATCP 123.20(8) (8) “Large telecommunications video service provider” has the meaning given in s. 66.0420 (2) (p), Stats.

ATCP 123.20(9) (9) “Low-income household” means a household with a combined annual income that is not more than 200% of the poverty level for a family of 3 as defined by 42 USC 9902(2).

ATCP 123.20(10) (10) “State franchise” means a video service franchise issued by the Wisconsin department of financial institutions under s. 66.0420, Stats.

ATCP 123.20(11) (11) “Telecommunications video service provider” has the meaning given in s. 66.0420 (2) (v), Stats.

ATCP 123.20(12) (12) “Video service access” means the availability of video service to a household at the household address which the video service provider is able to provide using the video service provider’s video service network or an alternate technology, regardless of whether any customer has ordered the service.

ATCP 123.20(13) (13) “Video service network” has the meaning given in s. 66.0420 (2) (zb), Stats.

ATCP 123.20(14) (14) “Video service provider” has the meaning given in s. 66.0420 (2) (zg), Stats.

ATCP 123.20 History History: CR 08-067: cr. Register July 2009 No. 643, eff. 8-1-09; correction in (11) made under s. 13.92 (4) (b) 7., Stats., Register July 2009 No. 643.

ATCP 123.22 ATCP 123.22 Discrimination prohibited.

ATCP 123.22(1) (1) No video service provider that offers a video service under a state franchise may fail to provide video service access to any group of potential residential customers in the franchise area because of the race or income of residents in any local area in which all of the potential residential customers comprising the group are located.