196.208(5t)(b)
(b) Transfer the calling party to a pay-per-call service.
196.208(5t)(c)
(c) Charge the calling party for information provided during the call, unless the calling party has a presubscription relationship with the toll-free service vendor or unless the caller discloses a credit card account number during the call.
196.208(6)
(6) Advertising and sales practices. A person shall do all of the following:
196.208(6)(a)
(a) In any advertisement for a pay-per-call service, clearly and conspicuously disclose the name of the provider and the identity and cost of any goods or services offered for sale.
196.208(6)(b)
(b) In any advertisement for a pay-per-call service, clearly and conspicuously disclose all conditions, restrictions and charges associated with the receipt of goods or services that are represented to be a gift, prize or incentive for using a pay-per-call service.
196.208(6)(c)
(c) Not make any assertion, representation or statement that is false, deceptive or misleading in an offer or sale of a pay-per-call service.
196.208(6)(d)
(d) If a caller to a pay-per-call service may be solicited to purchase additional pay-per-call services, clearly and conspicuously disclose that information in any advertisement for the pay-per-call service.
196.208(6)(e)
(e) Refrain from advertising a number as toll-free if the toll-free service vendor has violated
sub. (5t).
196.208(7)(a)(a) A telecommunications utility shall do all of the following:
196.208(7)(a)1.
1. Include on each billing statement that includes charges for pay-per-call services a clear and conspicuous notice that states: "You may not have your telephone service disconnected for failure to pay for `900' number services. You may dispute charges for `900' number services if you believe the charges are unauthorized, fraudulent or illegal."
196.208(7)(a)2.
2. If a customer's local exchange telecommunications utility is technically able to provide blocking, semiannually include with a billing statement a clear and conspicuous notice stating that the customer may request that the local exchange telecommunications utility block the customer's access to pay-per-call services.
196.208(7)(b)
(b) If a telecommunications utility provides billing services to a provider, the telecommunications utility shall do all of the following:
196.208(7)(b)1.
1. In a clear and conspicuous manner, list charges for pay-per-call services separately from charges for telecommunications service or identify charges for pay-per-call services with an identifying symbol.
196.208(7)(b)2.
2. If a customer contacts the telecommunications utility regarding a charge for pay-per-call services, inform the customer that the customer may request the telecommunications utility to remove charges for pay-per-call services from subsequent billing statements.
196.208(7)(b)3.
3. If a customer reasonably disputes a charge for pay-per-call services and requests removal, remove that charge for pay-per-call services from subsequent billing statements.
196.208(7)(c)
(c) A local telecommunications utility shall disseminate information that explains that a customer may request blocking, if available, and may request that charges for pay-per-call services be removed from its billing statements, although nonpayment of charges may result in a civil collection action.
196.208(8)(a)(a) A telecommunications utility may not do any of the following:
196.208(8)(a)1.
1. Disconnect a customer's basic local exchange and basic interexchange services for failure to pay for pay-per-call services billed by the telecommunications utility.
196.208(8)(a)2.
2. Misrepresent that telecommunication service may be disconnected for nonpayment of pay-per-call service charges.
196.208(8)(a)3.
3. Condition the extension of local exchange service to a customer upon the customer's agreement to block access to pay-per-call services.
196.208(8)(a)4.
4. Regarding a delinquent account, condition the acceptance of deposits or guarantees upon customer payment of outstanding pay-per-call service charges.
196.208(8)(a)5.
5. Regarding a delinquent account, condition the acceptance of a deferred payment plan upon inclusion of outstanding pay-per-call service charges in the plan unless the telecommunications utility discloses the amount of pay-per-call service charges, informs the customer that payment of pay-per-call service charges are not required as part of the plan and sends the customer a written confirmation that outlines the deferred payment plan with and without the inclusion of pay-per-call service charges.
196.208(8)(b)
(b) Except as provided in
par. (c), a telecommunications utility shall verify that a notice of disconnection does not include charges relating to pay-per-call services before the telecommunications utility sends the notice to a customer.
196.208(8)(c)
(c) A telecommunications utility may request the commission to waive the verification requirement of
par. (b). The commission may grant a waiver if it determines that the costs that would be incurred by the telecommunications utility to meet the verification requirement are such that meeting the verification requirement is not in the best interest of the utility's customers.
196.208(9)(a)(a) If technically feasible, a local exchange telecommunications utility shall provide a customer the option of blocking access to pay-per-call services that use "900" exchanges.
196.208(9)(b)
(b) A local exchange telecommunications utility may not charge a customer for the cost of blocking the first time a customer requests blocking.
196.208(9)(c)
(c) A local exchange telecommunications utility may not reinstate a customer's access to pay-per-call services that use "900" exchanges unless the customer makes the request for reinstatement in writing and the request is confirmed by the utility.
196.208(10)(a)(a) Subsections (2) to
(5) apply to any pay-per-call service that a caller may access by a call originating in this state and
sub. (5t) applies to any toll-free service vendor that a caller may access by a call originating in this state.
196.208(10)(b)
(b) Subsection (6) applies to any advertising or sales practice directed to a resident of this state.
196.208(11)(a)1.1. If a provider or a toll-free service vendor fails to comply with this section, any person or class of persons adversely affected by the failure to comply has a claim for appropriate relief, including but not limited to damages, injunctive or declaratory relief, specific performance and rescission.
196.208(11)(a)2.
2. A person or class of persons entitled to relief under
subd. 1. is also entitled to recover costs, disbursements and reasonable attorney fees, notwithstanding
s. 814.04 (1).
196.208(11)(b)
(b) The commission shall inquire into any violation of
subs. (7) to
(9) by a telecommunications utility or by an officer, employe or agent of a telecommunications utility and shall report all violations to the department of justice.
196.208(11)(c)1.1. The department of justice, or any district attorney upon informing the department of justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of
subs. (2) to
(9). The department of justice or a district attorney may not commence an action to enforce
subs. (7) to
(9) unless the commission requests an enforcement action. Before entry of final judgment, the court may make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action if proof of these acts or practices is submitted to the satisfaction of the court.
196.208(11)(c)2.
2. The department of justice may conduct hearings, administer oaths, issue subpoenas and take testimony to aid in its investigation of violations of
subs. (2) to
(6).
196.208(11)(d)
(d) Any person who violates
subs. (2) to
(9) shall be required to forfeit not less than $25 nor more than $5,000 for each offense. Forfeitures under this paragraph shall be enforced by action on behalf of the state by the department of justice or, upon informing the department of justice, by the district attorney of the county where the violation occurs.
196.208 History
History: 1991 a. 127;
1993 a. 361.
196.209
196.209
Privacy considerations. 196.209(1)
(1)
Rules. The commission shall promulgate rules that establish privacy guidelines applicable to telecommunications services. Notwithstanding any exemptions identified in this chapter, a telecommunications provider is subject to rules promulgated under this subsection and
s. 196.66 applies to a violation of this subsection.
196.209(2)
(2) Rule review. At least biennially, the commission shall review and revise as appropriate rules promulgated under
sub. (1).
196.209(3)
(3) New services. A telecommunications provider introducing a new telecommunications service shall explicitly address privacy considerations before introducing that telecommunications service.
196.209(4)
(4) Scope. Rules promulgated by the commission under this section and privacy considerations addressed by a telecommunications provider shall include all of the following:
196.209(4)(a)
(a) Protections against the outflow of information about users of telecommunications services.
196.209(4)(b)
(b) Protection to the users of telecommunications services from receiving privacy intrusions.
196.209(5)
(5) Telecommunications privacy council. 196.209(5)(a)(a) The commission shall appoint a telecommunications privacy council under
s. 15.04 (1) (c) consisting of representatives of telecommunications providers and of consumers of telecommunications services, including this state.
196.209(5)(b)
(b) The telecommunications privacy council shall advise the commission concerning the administration of this section and the content of rules promulgated under this section.
196.209 History
History: 1993 a. 496 ss.
107,
108,
110;
1995 a. 27.
196.21
196.21
Publicity of revised schedules. A public utility shall file new schedules under
s. 196.19 in every station and office of the public utility where consumers make payments. A public utility shall file new schedules under this section at least 10 days prior to the time the new schedules take effect unless the commission prescribes a shorter time period.
196.21 History
History: 1983 a. 53.
196.213
196.213
Notice of rate increase by small telecommunications utility. 196.213(1)(a)1.
1. A person billed for one or more local telecommunications service access lines not to exceed one person per access line. A person billed for more than one access line may not be considered a consumer for each access line for which he or she is billed.
196.213(1)(a)2.
2. A telecommunications utility or telecommunications carrier purchasing intrastate access to a local exchange operated by another telecommunications utility or telecommunications carrier.
196.213(1)(b)
(b) "Rate increase" means an increase in any rate, toll or charge for any class of consumer on the schedules filed under
s. 196.19.
196.213(2)
(2) Unless subject to
ss. 196.28 and
196.37 as they apply to any rate, toll or charge and to
ss. 196.02 (2),
196.09 (2) to
(7),
196.11 (2),
196.20 and
196.26, at least 60 days and not more than 100 days before the effective date of a rate increase proposed by a small telecommunications utility, the small telecommunications utility shall notify each of its consumers and the commission of the proposed rate increase. Notice to the commission shall include a summary of the justification for the proposed rate increase. Notice by the small telecommunications utility to all consumers shall be by mail and shall include a schedule of the proposed rates, tolls and charges, the effective date of the rates, tolls and charges and the procedure necessary for consumers to petition the commission to determine rates, tolls or charges in lieu of the proposed rates, tolls or charges, including but not limited to a notice that the deadline for commission receipt of petitions is 60 days after a small telecommunications utility mails notice of a proposed rate increase to consumers. The proposed notice to consumers shall be submitted to the commission for approval. The commission may reject the proposed notice if the notice is misleading. If the commission does not act on the proposed notice within 10 days after receiving it, the notice is considered approved. If a small telecommunications utility inserts the procedures to petition the commission in the telephone directory published by the utility, the directory shall describe the petitioning procedures under
s. 196.215 (3) (a) and
(cm). A reference in an approved notice to the location of the procedure described in the directory shall be adequate notice of the procedure to consumers billed for local telecommunications service access lines.
196.215
196.215
Election of rate regulation and flexible regulation of small telecommunications utilities. 196.215(1)(am)
(am) "Equity-thin utility" means a small telecommunications utility with less than 25% common stock equity in its total capital structure.
196.215(2)(b)
(b) By a majority vote of all the voting members of its board of directors.
196.215(2)(c)
(c) Except as provided in
sub. (2g), by a determination of the commission that:
196.215(2)(c)1.
1. The small telecommunications utility's proposed rate increase for any service except the provision of residential basic local exchange service including nonoptional extended area service exceeds, in any one year, 30% or the small telecommunications utility's proposed rate increase for residential basic local exchange service including nonoptional extended area service exceeds, in any one year, 30% or $2, whichever is higher.
196.215(2)(c)1m.
1m. The small telecommunications utility's proposed rate increases for any service except the provision of residential basic local exchange service including nonoptional extended area service exceed, in any 4 consecutive years, 100% or the small telecommunications utility's proposed rate increases for residential basic local exchange service including nonoptional extended area service exceed, in any 4 consecutive years, 100% or $10, whichever is higher.
196.215(2)(c)2.
2. The small telecommunications utility has failed to comply substantially with this section or
s. 196.213.
196.215(2d)
(2d) Notwithstanding
sub. (2), a small telecommunications utility shall be subject to
s. 196.26 if it is a party in a proceeding on a complaint specified in
s. 196.26 (1) (a) 2. or
3.
196.215(2g)(a)(a) In this subsection, "basic local exchange service" means any service providing access to and the transmission of 2-way switched voice communications within a local calling area, including touchtone service, but does not include installation of or enhancements to basic local exchange service or local per-call coin charges.
196.215(2g)(b)
(b) A small telecommunications utility may petition the commission for an exemption from
sub. (2) (c) 1. and
1m. for a proposed rate increase for a telecommunications service other than basic local exchange service. The commission may grant the petition if it is reasonable and in the public interest. If the commission does not enter an order disposing of the petition within 20 days after its receipt, the petition is denied.
196.215(2m)(c)
(c) A small telecommunications utility that the commission has made subject to
ss. 196.28 and
196.37 as they apply to any rate, toll or charge and to
ss. 196.02 (2),
196.09 (2) to
(7),
196.11 (2),
196.20 and
196.26 under
sub. (2) (c) 1. and
1m. may exempt itself from those sections by withdrawing the proposed rate increase that exceeds the limits established in
sub. (2) (c) 1. or
1m. A small telecommunications utility may refile a proposed rate increase at any time unless the commission has determined rates, tolls or charges under
sub. (6) (b).
