196.196(2)(b)2.
2. A price-regulated telecommunications utility with more than 150,000 access lines in use in this state shall eliminate intrastate carrier common line charges upon full authorization to provide interlata service.
196.196(2)(b)3.
3. After eliminating intrastate carrier common line charges, the telecommunications utility may not reinstate an intrastate carrier common line charge or a substitute charge.
196.196(2)(c)
(c) A price-regulated telecommunications utility with 150,000 or less access lines in use in this state shall adjust its intrastate access service rates in equal annual increments so that, within 2 years after its election to become price regulated, its intrastate access service rates and rate elements do not exceed the lower of its intrastate access service rates and rate elements in effect as of the date of its election to become price regulated or its interstate rates for similar access services, including carrier common line. After the 2-year period, intrastate access service rates may not exceed the utility's interstate access service rates. Beginning on the 3rd anniversary of the utility's election to become price regulated, the utility's intrastate carrier common line charge may not exceed 83.33% of its existing interstate carrier common line charge. Beginning on the 4th anniversary of the utility's election, the utility's intrastate carrier common line charge may not exceed 66.67% of its existing interstate carrier common line charge. Beginning on the 5th anniversary of the utility's election, the utility's intrastate carrier common line charge may not exceed 50% of its existing interstate carrier common line charge.
196.196(2)(d)
(d) This subsection does not limit any surcharges to access service rates, including to the carrier common line charge or to substitute rate elements, as a means of collecting access customers' share of charges that may be ordered by the commission under
s. 196.218.
196.196(2)(e)
(e) A telecommunications utility shall give a customer written notice of any rate increase under this subsection before the customer is billed at the increased rate.
196.196(3)
(3) Price regulation of other services. 196.196(3)(a)(a) Except to the extent expressly permitted by this section and
ss. 196.19 (1m),
196.194,
196.195,
196.20 (1m),
196.204,
196.209 and
196.219, the commission may not have jurisdiction over the prices or terms and conditions for the offering of any other services, including new telecommunications services, offered by a price-regulated telecommunications utility.
196.196(3)(b)
(b) A price-regulated telecommunications utility shall file tariffs with the commission for the provision of any telecommunications service, whether or not the service is otherwise subject to this chapter. Except as provided in
s. 196.20 (2) (am), changes in the terms and conditions of tariffed services under
par. (a) shall be effective one day after filing with the commission, unless the tariff specifies a later effective date.
196.196(3)(c)
(c) A telecommunications utility shall give a customer written notice of any rate increase under this subsection before the customer is billed at the increased rate.
196.196(4)
(4) Price regulation for small telecommunications utilities. 196.196(4)(a)(a) A telecommunications utility with 150,000 or less access lines in use in this state may elect to become a price-regulated telecommunications utility and may elect to have its earnings considered in any review under
sub. (1) (e).
196.196(4)(b)
(b) A telecommunications utility with 150,000 or less access lines in use in this state may file a company-specific price regulation and investment plan subject to commission approval.
196.196(4)(c)
(c) A telecommunications utility with 150,000 or less access lines in use in this state that has elected price regulation may rescind election of price regulation and return to rate-of-return regulation, subject to the approval of the commission, if rescission is in the public interest considering the factors under
s. 196.03 (6).
196.196(4)(d)
(d) All of the following apply to a telecommunications utility that elects to return to rate-of-return regulation under
par. (c):
196.196(4)(d)1.
1. It may not elect to be subject to price regulation for a period of 3 years after returning to rate-of-return regulation.
196.196(4)(d)2.
2. It may be subject to a full rate case proceeding before the commission.
196.196(5)(a)(a) Within 60 days after a telecommunications utility elects to become price regulated under
sub. (1), the telecommunications utility shall file with the commission a plan outlining the telecommunications utility's commitment to invest in telecommunications infrastructure improvements in this state over a period of not less than 6 years.
196.196(5)(b)
(b) An investment plan filed with the commission shall include all of the following:
196.196(5)(b)1.
1. A description of the level of planned investment in technological or infrastructure enhancement.
196.196(5)(b)2.
2. A description of the extent to which planned investment will make new telecommunications technology available to customers or expand the availability of current technology.
196.196(5)(b)3.
3. A description of the planned deployment of fiber-optic facilities or broad-band capabilities to schools, libraries, technical colleges, hospitals and colleges and universities in this state.
196.196(5)(b)4.
4. Target dates for the deployment of the planned technology and infrastructure improvements.
196.196(5)(b)5.
5. For a telecommunications utility with more than 500,000 access lines in use in this state at the time of electing to become price regulated, a level of planned investment in an amount of not less than $700,000,000 within the first 5 years of the plan.
196.196(5)(b)6.
6. The level of planned contributions to the Wisconsin advanced telecommunications foundation established under
s. 14.28.
196.196(5)(c)1.1. A telecommunications utility shall provide the commission, within one year after its election to become price regulated under
sub. (1) and annually thereafter, a progress report relating to the telecommunications utility's investment in and deployment of infrastructure enhancements. A progress report shall include data relative to the telecommunications utility's operating and financial performance during the relevant period.
196.196(5)(c)2.
2. The commission shall consider the telecommunications utility's progress in meeting its investment plan infrastructure commitments when making penalty or incentive adjustments under
sub. (1) (c).
196.196(5)(d)1.1. Within 120 days after a telecommunications utility elects to become price regulated under
sub. (1), the commission, after notice and opportunity for hearing, may rescind the election if the telecommunications utility fails to file an investment plan within the time specified in
par. (a) or if the investment plan does not comply with
par. (b). If a hearing is held, the time within which the commission may act may be extended an additional 30 days.
196.196(5)(d)2.
2. If the commission orders a recision, the commission shall reinstate the level of regulation in effect at the time that the election was made and the telecommunications utility shall rescind any rate increases put into effect when the telecommunications utility operated as a price-regulated utility.
196.196(5)(e)
(e) Within 120 days after the completion of the first year and of the 2nd year that a telecommunications utility is price-regulated, the commission may reduce rates charged by the price-regulated telecommunications utility for services subject to price regulation by up to 2%. If a hearing is held, the time within which the commission may act may be extended an additional 30 days. The commission may reduce rates under this paragraph if, after notice and opportunity for hearing, the commission finds any of the following:
196.196(5)(e)1.
1. That the telecommunications utility did not file a progress report within the time specified in
par. (c) 1.
196.196(5)(e)2.
2. That the progress report filed by the telecommunications utility does not contain sufficient information to permit the commission to adequately monitor the telecommunications utility's investment and deployment of infrastructure described in its investment plan.
196.196(5)(e)3.
3. That the actual or planned investment described in the progress report does not adequately provide for deployment of advanced infrastructure technologies, fails to exceed routine facility upgrades necessary to maintain service quality or fails to meet goals identified in the investment plan.
196.196(5)(f)1.1. Before January 1, 1996, and biennially thereafter, the commission shall submit a report to the joint committee on information policy describing the status of investments in advanced telecommunications infrastructure in this state. The report shall include information on the progress made in all of the following areas:
196.196(5)(f)1.a.
a. Distance learning, including the number of schools and other educational institutions connected to distance learning networks.
196.196(5)(f)1.b.
b. Interconnection of libraries, including the number of libraries with video conferencing and network access capabilities.
196.196(5)(f)1.d.
d. Education, health care and employment opportunities for the disabled and other persons in the home.
196.196(5)(f)2.
2. The commission shall include in the report under
subd. 1. recommendations for improving the progress of investments in advanced telecommunications infrastructure.
196.196 History
History: 1993 a. 496.
196.198
196.198
Local measured telecommunications service. 196.198(1)(1) In this section, "extended community telephone service" means a telecommunications service by which a customer in one exchange may call a customer in another exchange or combination of exchanges under a discounted toll charge plan.
196.198(2)(a)(a) Except as provided in
sub. (3), a telecommunications utility that has more than 150,000 access lines in use in this state or a telecommunications provider that has more than 150,000 access lines in use in this state may not charge a residential customer for basic local exchange service based on the duration of a call or on the time of day that a call is made. This paragraph does not apply to an extended community telephone service.
196.198(2)(b)
(b) Paragraph (a) does not prohibit a price-regulated telecommunications utility from offering discounts based on the time of day that a call is made if the price-regulated telecommunications utility also offers basic local exchange service at a rate permitted under
s. 196.196 (1).
196.198(3)
(3) The commission may suspend the application of
sub. (2) (a) in a particular geographical area for a telecommunications utility or a telecommunications provider if, after a contested case hearing, the commission determines that all of the following apply:
196.198(3)(a)
(a) Failure to suspend the application of
sub. (2) (a) makes competition in that geographical area impractical.
196.198(3)(b)
(b) Suspending the application of
sub. (2) (a) is beneficial to all of the following groups:
196.198 History
History: 1993 a. 496.
196.20
196.20
Rules on service; changes in rates. 196.20(1)
(1) The rate schedules of any public utility shall include all rules applicable to the rendition or discontinuance of the service to which the rates specified in the schedules are applicable. No change may be made by any public utility in its schedules except by filing the change as proposed with the commission. Except for a telecommunications utility, no change in any public utility rule which purports to curtail the obligation or undertaking of service of the public utility shall be effective without the written approval of the commission after hearing, except that the commission, by emergency order, may make the rule, as filed, effective from the date of the order, pending final approval of the rule after hearing.
196.20(1m)(a)(a) A telecommunications utility may discontinue a service to an exchange if the service is optional and not essential to the provision of basic local exchange service, business access line and usage service within a local calling area or access services, or if one or more other telecommunications providers, whether or not the telecommunications providers are telecommunications utilities or otherwise subject to this chapter, are furnishing substantially the same telecommunications service to customers in the exchange, or if reasonable alternative services are available from the utility or other telecommunications providers.
196.20(1m)(b)
(b) A telecommunications utility proposing to discontinue a service to an exchange shall file a notice of discontinuance of service with the commission, publish the notice in a newspaper of general circulation within the exchange, and provide other notice as reasonably required by the commission. Written notice of the discontinuation of a service under this subsection shall be given to affected customers.
196.20(1m)(c)
(c) Within 30 days after the date of publication of the notice, the commission, on its own motion or on the application of a person or other telecommunications utility, may initiate an investigation to determine if the discontinuance of service is authorized under this subsection. Following an opportunity for hearing, the commission may order the continued provision of any service not authorized to be discontinued.
196.20(1m)(d)
(d) The commission shall determine when and under what conditions a telecommunications utility may discontinue basic local exchange service, basic message telecommunications service or any element of universal service to an exchange or part of an exchange.
196.20(2)(a)(a) Except for a telecommunications utility, a proposed change which constitutes a decrease in rates shall be effective at the time specified in the change as filed but not earlier than 10 days after the date of filing the change with the commission, unless any of the following occurs:
196.20(2)(a)1.
1. During the 10-day period the commission, either upon complaint or upon its own motion, by order, suspends the operation of the proposed change.
196.20(2)(a)2.
2. The commission, upon application of any public utility, directs that a proposed reduction in rates be made effective less than 10 days after filing the proposed reduction.
196.20(2)(am)
(am) For telecommunications utilities, a proposed change which constitutes a decrease in rates shall be effective at the time specified in the tariff as filed unless the commission, either upon complaint or upon its own motion, finds after investigation and hearing that the rate reduction violates
s. 196.204 or
196.219. Upon such a finding, the commission may order changes in the rates, terms and conditions.
196.20(2)(b)1.1. A suspension under
par. (a) 1. shall be effective for a period not exceeding 4 months, during which period the commission shall investigate any matter relative to the reasonableness or lawfulness of any change in schedule as filed. After the investigation the commission, by order, shall approve or disapprove the change, except as provided under
subd. 2. The commission shall give the public utility proposing the change an opportunity for hearing prior to issuing any order disapproving a change. If the commission disapproves the change, the change shall be ineffective.
196.20(2)(b)2.
2. If the commission orders a suspension under
par. (a) 1., the commission, after notice to the public utility of its objections to the change and after giving the public utility an opportunity to be heard on the objections, may prescribe a schedule which, revised on the basis of the objections, the commission finds to be lawful and reasonable instead of disapproving the schedule under
subd. 1.
196.20(2m)
(2m) Except as provided under
sub. (5) and
ss. 196.193,
196.195 (12) and
196.196, no change in schedules which constitutes an increase in rates to consumers may be made except by order of the commission, after an investigation and opportunity for hearing. The commission may waive a hearing under this subsection for a proposed change in a telecommunications utility schedule. By rule or order, the commission shall specify the notice and procedural requirements applicable to a telecommunications utility proposal for which a hearing is waived.
196.20(2r)
(2r) In setting the rates charged for basic residential local exchange telecommunications service under this section in local exchange areas served by the same telecommunications utility, the commission may investigate those areas where changes in these rates may be warranted because of the number of access lines accessible from the local exchange area.
196.20(3)
(3) Except as provided in
subs. (1m) and
(5) (a), this section does not apply to telecommunications cooperatives or small telecommunications utilities unless made subject to this section under
s. 196.205 or
196.215 (2).
196.20(4)(a)1.
1. "Automatic adjustment clause" means a provision included in the rate schedule of an electric public utility after investigation, notice and hearing which permits the electric public utility to recover in rates, without prior hearing and order of the commission, an increase in costs incurred by the electric public utility.
196.20(4)(a)2.
2. "Electric public utility" means a public utility whose purpose is the generation, transmission, delivery or furnishing of electric power but does not include a public utility owned and operated wholly by a municipality or cooperative and does not include any public utility which purchases, under federal or state approved wholesale rates, more than 50% of its electric power requirements from other than an affiliated interest as defined under
s. 196.52. "Electric public utility" does not include any Class A utility, as defined under
s. 199.03 (4), whose electric generation equipment has a total capacity of less than 30 megawatts.
196.20(4)(b)
(b) An electric public utility may not recover in rates any increase in cost, including fuel, by means of the operation of an automatic adjustment clause.
196.20(4)(c)
(c) If an increase in fuel costs is of an extraordinary or emergency nature, the commission, after a hearing limited in scope to the question of the increase in fuel costs, may grant a rate increase to an electric public utility.
196.20(5)(a)(a) This subsection applies to any of the following:
196.20(5)(a)1.
1. A small telecommunications utility subject to this section under
s. 196.215 (2) that files with the commission a proposed change in its rate schedules that constitutes an increase in rates, tolls or charges to consumers.
196.20(5)(b)1.1. If a small telecommunications utility files a proposed change in rate schedule with the commission, it shall file with the proposed change, on a form prescribed by the commission by rule, information sufficient for the commission to consider the proposed change.
