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 18NOTICE 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 (608) 266-8741 or (608) 264-8777 (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
lswaziek@wisconsin.gov.
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
roberta.ward@wisconsin.gov, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Agency Contact Person
Small Business Regulatory Coordinator
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at
carol.dunn@wisconsin.gov.
Analysis Prepared by Department of Commerce
Statutes interpreted
Statutory authority
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.]
(g) Periodic inspection intervals will be the same for elevators or dumbwaiters installed in public buildings, places of employment or serving dwelling units, which will require an annual routine inspection and an annual permit to operate. [See Comm 18.1014 and 18.1708]
(h) The wording under ASME A17.1 section 2.27.3 relating to Phase I emergency recall operation has been clarified to require only those elevators serving a specific lobby to be recalled when the fire alarm initiating device serving that lobby is activated. [See Comm 18.1702 (10)]
(i) The 2007 edition of the ASME A17.1 Safety Code for Elevators and Escalators and the 2005 edition of the ASME 18.1 Safety Standard for Platform Lifts and Stairway Chairlifts will be adopted by reference. [See Comm 18.1005]
(j) The periodic inspection and tests of hydraulic elevators, specifically, the relief valve setting and system pressure test and the hydraulic cylinders and pressure piping tests will apply to hydraulic elevators installed prior to January 1, 1994 and that have below ground cylinders. [See Comm 18.1708 (3) and (11) (a)]
(k)
In accordance with the
2005 Wisconsin Act 456, routine inspections and tests of stairway chairlifts installed in public buildings, places of employment will be made at intervals not longer than one year. [See Comm 18.1810 (2)]
(L) A number of Wisconsin modifications relating to the height of grab rails in platform lifts have been eliminated since the ASME A18.1 Standard now covers this requirement. [See Comm 18.1802 (1) (c) and (e) 2.]
(m) Create rules to cover special platform lifts for use in courtrooms. [See Comm 18.1801 and 18.1820]
(n) Create a requirement under the Uniform Dwelling Code (UDC) that will reference chapter Comm 18 when an elevator or dumbwaiter is installed that will serve a dwelling unit covered under the UDC. [See Comm 21.115]
Comparison with federal regulations
There are no existing or proposed federal regulations that address or impact the activities to be regulated by this rule.
Comparison with rules in adjacent states
An Internet-based search found that all of the adjacent states adopt by reference certain 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. The adjacent states also create amendments to the adopted standard similar to Wisconsin's administrative rules relating to elevators, escalators and lift devices.
The following are the adjacent states and the edition of the ASME coded they adopt and enforce:
(a) The Illinois Office of the State Fire Marshal, Division of Elevator Safety is responsible for implementing the Elevator Safety and Regulation Acts. The 2004 edition of the ASME A17.1, Safety Code for Elevators and Escalators, the 2005 A17.1a, Addenda and the 2005 edition of the ASME A18.1, Safety Standard for Platform Lifts and Stairway Chairlifts are both adopted by reference.
(b) The Iowa Department of Workforce Development, Division of Labor Services, Elevator and Escalators oversees that all elevators, escalators, dumbwaiters and related equipment must comply with all rules and statutes. The 2004 edition of the ASME A17.1, Safety Code for Elevators and Escalators, the 2003 edition of the ASME A18.1, Safety Standard for Platform Lifts and Stairway Chairlifts are both adopted by reference.
(c) The Minnesota Department of Labor and Industry is responsible for enforcing minimum requirements relating to building codes, including elevators and related devices. The requirements include the design, construction, installation, alteration, repair, removal and operation and maintenance of passenger elevators. The 2004 edition of the ASME A17.1, Safety Code for Elevators and Escalators and the 2005 edition of the ASME A18.1, Safety Standard for Platform Lifts and Stairway Chairlifts are both adopted by reference.
(d) The Michigan Department of Labor and Economic Growth is responsible for issuing permits, the examination and licensing of elevator journeypersons and contractors, inspecting of elevators, escalators and dumbwaiters, complaint investigations and reporting elevator accidents. The state rules establish, for the protection of the general public, minimum safety requirements for inspection, construction, installation, alteration, maintenance, repair and operation of elevators. The 2004 edition of the ASME A17.1, Safety Code for Elevators and Escalators and the 2003 edition of the ASME A18.1, Safety Standard for Platform Lifts and Stairway Chairlifts are both adopted by reference.
Summary of factual data and analytical methodologies
The primary methodology for updating the Wisconsin Administrative Code, chapter Comm 18 relating to conveyances has been a review and assessment of the latest editions of the national technical standards for the design and construction of conveyances, which serves as the basis for chapter Comm 18. The review and enforcement requirements for elevators and dumbwaiters serving private dwelling units were also included under chapter Comm 18 to be consistent with recent legislation. Staff prepared a comprehensive comparison of the changes in the latest editions of the ASME standards to the editions currently adopted under Comm 18. The Department's review and assessment process involved the participation of the Conveyance Safety Code Council. The members of that Council represent many stakeholders involved in the conveyance industry, including manufacturers, inspectors, building contractors and the general public as users of the conveyances. (A listing of the Conveyance Safety Code Council is provided at the end of this analysis.)
The Department believes that the national model codes reflect current societal values with respect to protecting public health, safety and welfare in the design, construction, use, operation and maintenance of conveyances in commercial and residential buildings. The ASME standard setting committees use a process open to all parties in the development of their codes. More information on the development of these standards may be obtained from the ASME web site at:
www.asme.org
Analysis and supporting documents used to determine effect on small business
The Department used the Conveyance Safety Code Council to gather and analyze information on potential impacts in complying with both the technical and administrative requirements of the codes. As authorized in recent legislation, elevators and dumbwaiters that serve dwelling units will be required to comply with the inspection and permit requirements similar to those for elevators and dumbwaiters installed in commercial buildings. Small businesses that install elevators and dumbwaiters in commercial facilities will be familiar with the inspection and permit processes that will now be required for installations serving dwelling units.
In addition to posting rule development and council activities on the department's web site, the department offers an Email subscription service, which is available to all small businesses. This service provides Email notification of council meetings, meeting, agendas and council meeting progress reports so small businesses can follow proposed code changes.
Adopting the most current edition of the 2007 edition of the ASME A17.1 and 2005 edition of the ASME A18.1 national standards will not impose a significant impact on small businesses selling conveyances or providing services for conveyances.
It is anticipated this requirement will not have a significant impact on small businesses installing elevators and dumbwaiters.
Initial Regulatory Flexibility Analysis
Summary
The Department believes the rules will not increase the effect on small businesses from what the current rules impose on them. An economic impact report has not been required pursuant to s.
227.137, Stats.
Types of small businesses that will be affected by the rules.
