196.01(5)(b)
(b) "Public utility" does not include any of the following:
196.01(5)(b)1.
1. A cooperative association organized under
ch. 185 for the purpose of producing or furnishing heat, light, power or water to its members only.
196.01(5)(b)2.
2. A holding company, as defined in
s. 196.795 (1) (h), unless the holding company furnishes, directly to the public, telecommunications or sewer service, heat, light, water or power or, by means of pipes or mains, natural gas.
196.01(5)(b)3.
3. Any company, as defined in
s. 196.795 (1) (f), which owns, operates, manages or controls a telecommunications utility unless the company furnishes, directly to the public, telecommunications or sewer service, heat, light, water or power or, by means of pipes or mains, natural gas.
196.01(5)(b)4.
4. A cellular mobile radio telecommunications utility [A commercial mobile radio service provider.].
196.01 Note
NOTE: The bracketed language indicates the correct terminology.
1997 Wis. Act 218 changed the term ``cellular mobile radio telecommunications utility" to ``commercial mobile radio service provider" in sub. (5), but did not take into account the creation of par. (b) by
1997 Wis. Act 184. Corrective legislation is pending.
196.01(7)
(7) "Service" is used in its broadest and most inclusive sense.
196.01(8)
(8) "Small telecommunications utility" means any telecommunications utility or a successor in interest of a telecommunications utility that provided landline local and access telecommunications service as of January 1, 1984, and that has less than 50,000 access lines in use in this state.
196.01(8m)
(8m) "Telecommunications carrier" means any person that owns, operates, manages or controls any plant or equipment used to furnish telecommunications services within the state directly or indirectly to the public but does not provide basic local exchange service, except on a resale basis. "Telecommunications carrier" does not include an alternative telecommunications utility or a commercial mobile radio service provider.
196.01(8p)
(8p) "Telecommunications provider" means any person who provides telecommunications services.
196.01(9)
(9) "Telecommunications reseller" or "reseller" means a telecommunications utility that resells message telecommunications service, wide-area telecommunications services or other telecommunications services which have been approved for reselling by the commission.
196.01(9m)
(9m) "Telecommunications service" means the offering for sale of the conveyance of voice, data or other information at any frequency over any part of the electromagnetic spectrum, including the sale of service for collection, storage, forwarding, switching and delivery incidental to such communication and including the regulated sale of customer premises equipment. "Telecommunications service" does not include cable television service or broadcast service.
196.01(10)
(10) "Telecommunications utility" means any person, corporation, company, cooperative, partnership, association and lessees, trustees or receivers appointed by any court that owns, operates, manages or controls any plant or equipment used to furnish telecommunications services within the state directly or indirectly to the public. "Telecommunications utility" does not include a telecommunications carrier.
196.01(12)
(12) "Transmission facility" means any plant or equipment used to carry telecommunications services by wire, optics, radio signal or other means.
196.01(13)
(13) "Wide-area telecommunications service" means the offering of message-based telecommunications service using a single, dedicated access line at the originating end of the call at a significant volume-based discount.
196.01 History
History: 1977 c. 29,
418;
1981 c. 390;
1983 a. 27,
53,
76,
192,
425,
538;
1985 a. 79,
1985 a. 297 ss.
14 to
22,
39;
1987 a. 27;
1989 a. 344;
1993 a. 121,
496;
1995 a. 46,
409;
1997 a. 184,
218,
229; s. 13.93 (2) (c).
196.01 Annotation
Commission may determine that holding company, formed by public utility corporation to engage in non-utility business ventures, is itself public utility, where holding company possesses power to control utility plant or equipment or where arrangement is device to evade regulatory jurisdiction.
71 Atty. Gen. 147.
196.015
196.015
Total service long-run incremental cost. 196.015(1)(1) In this section, "basic network function" means the smallest disaggregation of local exchange transport, switching and loop functions that is capable of being separately listed in a tariff and offered for sale.
196.015(2)
(2) In this chapter, total service long-run incremental cost is calculated as the total forward-looking cost, using least cost technology that is reasonably implementable based on currently available technology, of a telecommunications service, relevant group of services, or basic network function that would be avoided if the telecommunications provider had never offered the service, group of services, or basic network function or, alternatively, the total cost that the telecommunications provider would incur if it were to initially offer the service, group of services, or basic network function for the entire current demand, given that the telecommunications provider already produces all of its other services.
196.015 History
History: 1993 a. 496.
196.02
196.02
Commission's powers. 196.02(1)(1)
Jurisdiction. The commission has jurisdiction to supervise and regulate every public utility in this state and to do all things necessary and convenient to its jurisdiction.
196.02(2)
(2) Definition; classification. In this subsection, "public utility" does not include a telecommunications cooperative or a small telecommunications utility except as provided under
s. 196.205 or
196.215 (2) and does not include an alternative telecommunications utility. The commission shall provide for a comprehensive classification of service for each public utility. The classification may take into account the quantity used, the time when used, the purpose for which used, and any other reasonable consideration. Each public utility shall conform its schedules of rates, tolls and charges to such classification.
196.02(3)
(3) Rules. The commission may adopt reasonable rules to govern its proceedings and to regulate the mode and manner of all inspections, tests, audits, investigations and hearings.
196.02(4)
(4) Information required; stock holders. 196.02(4)(a)(a) The commission may inquire into the management of the business of all public utilities. The commission shall keep itself informed as to the manner and method in which the same is conducted. The commission may obtain from any public utility any information necessary to enable the commission to perform its duties.
196.02(4)(b)
(b) Each public utility shall furnish to the commission, in such form and at such times as the commission requires, the following information respecting the identity of the holders of its voting capital stock in order to enable the commission to determine whether the holders constitute an affiliated interest within the meaning of this chapter:
196.02(4)(b)1.
1. The names of each holder of one percent or more of the voting capital stock of the public utility.
196.02(4)(b)2.
2. The nature of the property right or other legal or equitable interest which the holder has in the stock.
196.02(4)(b)3.
3. Any other similarly relevant information which the commission prescribes and directs.
196.02(4)(c)
(c) If any public utility fails to furnish the commission with information required of it by the commission, the commission may issue an order directing the delinquent public utility to furnish the information immediately or to show good cause why the information cannot be obtained. Failure of any public utility to comply with the order of the commission is a violation of this chapter within the meaning of
s. 196.66.
196.02(5)
(5) Inspect books. The commission or any commissioner or any person employed by the commission for that purpose may, upon demand, inspect the books, accounts, papers, records and memoranda of any public utility, and examine under oath any officer, agent or employe of the public utility in relation to its business and affairs. Any person, other than one of the commissioners, who makes a demand shall produce his or her authority to make the inspection.
196.02(6)
(6) Production of records. The commission may require, by order or subpoena served on any public utility as a summons is served in circuit court, the production within this state at the time and place the commission designates of any books, accounts, papers or records kept by the public utility outside the state, or verified copies in lieu thereof, if the commission orders. If a public utility fails or refuses to comply with the order or subpoena, for each day of the failure or refusal the public utility shall forfeit not less than $50 nor more than $500.
196.02(7)
(7) Commission initiative. In any matter within its jurisdiction, including, but not limited to,
chs. 197 and
200 and this chapter, the commission may initiate, investigate and order a hearing at its discretion upon such notice as it deems proper.
196.02(8)
(8) Employ counsel. The commission may employ counsel in any proceeding, investigation, hearing or trial had by it or in which it is a party, and the expenses thereby incurred shall be charged to the commission's appropriation.
196.02(9)
(9) Technicalities disregarded. Substantial compliance with the requirements of the statutes shall be sufficient to make effective any rule, regulation, order or action of the commission. No rule, regulation, order or action of the commission is invalid for any omission of a technical nature.
196.02(10)
(10) Commission notices; certifications. Any notice of investigation or hearing or certification to a copy of a record of the commission may be issued or certified by any member of the commission or by its secretary or assistant secretary.
196.02(12)
(12) Sue; be sued. The commission may sue and be sued in its own name, and may confer with or participate in any proceedings before any regulatory agency of any other state or of the federal government.
196.02 Annotation
The PSC has authority to order a utility to refund compensation collected in violation of its filed tariffs. GTE North Inc. v. Public Service Comm. 176 W (2d) 559, 500 NW (2d) 284 (1993).
196.02 Annotation
Public service commission ordered rebates for inadequate service. 1976 WLR 584.
196.025
196.025
Duties of the commission. To the extent cost-effective, technically feasible and environmentally sound, the commission shall implement the priorities under
s. 1.12 (4) in making all energy-related decisions and orders, including advance plan, rate setting and rule-making orders.
196.025 History
History: 1993 a. 414.
196.025 Note
NOTE: 1993 Wis. Act 414, which creates this section, contains extensive explanatory notes.
196.03
196.03
Utility charges and service; reasonable and adequate. 196.03(1)(1) Subject to
s. 196.63, a public utility shall furnish reasonably adequate service and facilities. The charge made by any public utility for any heat, light, water, telecommunications service or power produced, transmitted, delivered or furnished or for any service rendered or to be rendered in connection therewith shall be reasonable and just and every unjust or unreasonable charge for such service is prohibited and declared unlawful.
196.03(2)
(2) For rate-making purposes the commission may consider 2 or more municipalities as a regional unit if the same public utility serves the municipalities and if the commission determines that the public interest so requires.
196.03(3)(a)(a) In the case of a public utility furnishing water, the commission shall include, in the determination of water rates, the cost of fluoridating the water in the area served by the public utility furnishing water if the governing body of the city, village or town which owns or is served by the public utility furnishing water authorizes the fluoridation of water by the public utility furnishing water.
196.03(3)(b)
(b) Unless the governing body of a city, village or town adopts a resolution providing that the city, village or town will pay the retail charges for the production, storage, transmission, sale and delivery or furnishing of water for public fire protection purposes that are not included in general service charges:
196.03(3)(b)1.
1. A public utility shall include the charges in the water utility bill of each customer of the public utility in the city, village or town.
196.03(3)(b)2.
2. A municipal utility may, in addition to including the charges in water utility bills under
subd. 1., bill the charges to any person who meets all of the following conditions:
196.03(3)(b)2.b.
b. The person owns land that is located in the city, village or town and in an area in which the municipal utility has an obligation to provide water for public fire protection.
196.03(4)
(4) Any public utility which is not a city, town or village and which supplies gas or electricity to its customers may not recover in rates set by the commission from any customer for any expenditure for costs in a proceeding before the commission which exceed 4 times the total amount assessed to the utility under
s. 196.85 (1) and
(2) unless the object of the expenditure has been ordered by the commission. The commission, by rule, shall establish procedures whereby a public utility may recover its expenditures under this subsection.
196.03(5)(a)(a) In this subsection "facility" means nuclear-fired electric generating equipment and associated facilities subject to a loss of coolant accident in March 1979.
196.03(5)(b)
(b) The commission may not authorize a utility furnishing electricity to recover in rates charged to consumers for the costs of repairing, maintaining or operating any facility owned by another public utility located outside of this state.
196.03(5)(c)
(c) The commission may not authorize a utility furnishing electricity to recover in rates charged to consumers for insurance premiums that provide coverage for an accident at a facility in March 1979, if the coverage is first obtained on or after May 7, 1982.
196.03(5)(d)
(d) No utility may otherwise pay directly or indirectly for the costs in
pars. (b) and
(c).
196.03(5m)
(5m) The commission shall promulgate rules establishing requirements and procedures for the commission, in setting rates for retail electric service, to reflect the assignment of costs and the treatment of revenues from sales to customers outside this state that the public utility does not have a duty to serve.
196.03(6)
(6) In determining a reasonably adequate telecommunications service or a reasonable and just charge for that telecommunications service, the commission shall consider at least the following factors in determining what is reasonable and just, reasonably adequate, convenient and necessary or in the public interest:
196.03(6)(c)
(c) Impact on the quality of life for the public, including privacy considerations.
196.03(6)(e)
(e) Promotion of economic development, including telecommunications infrastructure deployment.
196.03(6)(g)
(g) Promotion of telecommunications services in geographical areas with diverse income or racial populations.
196.03 Annotation
A charge for fire protection services under sub. (3) is a fee not a tax; imposition against a church is constitutional. River Falls v. St. Bridget's Catholic Church, 182 W (2d) 436, 513 NW (2d) 673 (Ct. App. 1994).
196.04
196.04
Facilities granted other utilities; physical telecommunications connections; petition; investigation. 196.04(1)(a)1.
1. "Transmission equipment and property" means any conduit, subway, pole, tower, transmission wire or other equipment on, over or under any street or highway.
196.04(1)(a)2.
2. "Physical connection" means the number of trunk lines or complete circuits and connections, including connections by wire, optics, radio signal or other means, required to furnish reasonably adequate telecommunications service between telecommunications providers.
196.04(1)(b)
(b)
Transmission equipment and property access. 196.04(1)(b)1.1. Any person who owns transmission equipment and property shall permit, for reasonable compensation, the use of the transmission equipment and property by any public utility or telecommunications provider if public convenience and necessity require such use and if the use will not result in irreparable injury to any owner or user of the transmission equipment and property or in any substantial detriment to the service to be rendered by the owner or user.
196.04(1)(b)2.
2. Every telecommunications utility shall permit physical connections to be made, and telecommunications service to be furnished, between any telecommunications system operated by it and the telecommunications toll line operated by another telecommunications provider, or between its toll line and the telecommunications system of another telecommunications provider, or between its toll line and the toll line of another telecommunications provider, or between its telecommunications system and the telecommunications system of another telecommunications provider if all of the following apply:
196.04(1)(b)2.b.
b. The connection will not result in irreparable injury to the owners or other users of the facilities of the public utility making the connection.
196.04(1)(b)2.c.
c. The connection will not result in any substantial detriment to the service to be rendered by a public utility making the connection.
196.04(2)
(2) If there is a failure to agree upon use of transmission equipment and property under
sub. (1) or the conditions or compensation for the use, or if there is a failure to agree upon the physical connections or the terms and conditions upon which the physical connections shall be made, any public utility, any telecommunications provider or any other person interested may apply to the commission. If, after investigation, the commission determines that public convenience and necessity require the use or physical connections and that the use or physical connections will not result in irreparable injury to the owner or other users of the transmission equipment and property or of the facilities of the public utility or in any substantial detriment to the service to be rendered by the owner or the public utility or other users of the transmission equipment and property or facilities, the commission, by order, shall direct that the use be permitted and that the physical connections be made. The commission shall prescribe reasonable conditions and compensation for the use and shall determine how and within what time the connections shall be made and by whom the expense of making and maintaining the connections shall be paid. An order under this subsection may be revised by the commission.
196.04(4)
(4) If the parties cannot agree and the commission finds that public convenience and necessity or the rendition of reasonably adequate service to the public requires that a public utility, telecommunications provider or cable operator, as defined in
s. 66.082 (2) (b), be permitted to extend its lines on, over or under the right-of-way of any railroad, or requires that the tracks of any railroad be extended on, over or under the right-of-way of any public utility, telecommunications provider or cable operator, the commission may order the extension by the public utility, telecommunications provider, cable operator or railroad on, over or under the right-of-way of the other if it will not materially impair the ability of the railroad, telecommunications provider, cable operator or public utility, on, over or under whose right-of-way the extension would be made, to serve the public. The commission shall prescribe lawful conditions and compensation which the commission deems equitable and reasonable in light of all the circumstances.
196.04 Annotation
Standard applicable to determination of compensation under sub. (4) discussed. Wis. Central LTD. v. PSC, 170 W (2d) 558, 490 NW (2d) 27 (Ct. App. 1992).
