196.218(3)(d)3.
3. The costs of administering the collection of the contributions.
196.218(3)(e)
(e) Except as provided in
s. 196.196 (2) (d), a telecommunications provider or other person may not establish a surcharge on customers' bills to collect from customers contributions required under this subsection.
196.218(3)(f)
(f) Notwithstanding
ss. 196.196 (1) and
(5) (d) 2.,
196.20 (2m),
(5) and
(6),
196.213 and
196.215, a telecommunications utility that provides local exchange service may make adjustments to local exchange service rates for the purpose of recovering the portion of its contributions to the universal service fund that is determined by the commission under
par. (a) 4.
196.218(4)
(4) Essential services and advanced service capabilities. Before January 1, 1996, and biennially thereafter, the commission shall promulgate rules that define a basic set of essential telecommunications services that shall be available to all customers at affordable prices and that are a necessary component of universal service. Before January 1, 1996, and biennially thereafter, the commission shall promulgate rules that define a set of advanced service capabilities that shall be available to all areas of this state at affordable prices within a reasonable time and that are a necessary component of universal service. For rules promulgated before January 1, 1996, a reasonable time for the availability of the defined set of advance service capabilities shall be no later than January 1, 2005, and, for rules promulgated thereafter, a reasonable time for the availability of additional advanced service capabilities in the defined set shall be no later than 7 years after the effective date of the rules. These essential services and advanced service capabilities shall be based on market, social, economic development and infrastructure development principles rather than on specific technologies or providers. Essential services include single-party service with touch-tone capability, line quality capable of carrying facsimile and data transmissions, equal access, emergency services number capability, a statewide telecommunications relay service and blocking of long distance toll service.
196.218(4m)
(4m) Toll blocking. The commission shall issue rules to implement, cost-free to low-income customers, the capability to block all long distance or other toll calls from a customer's telephone service with a goal of universal applicability of the toll-blocking service no later than January 1, 1996. A telecommunications utility may petition the commission for a waiver from providing toll-blocking service upon a demonstration that providing this service would represent an unreasonable expense for the telecommunications utility and its ratepayers.
196.218(4r)
(4r) Educational telecommunications access program. 196.218(4r)(a)1.
1. "Data line" means a data circuit that provides direct access to the internet.
196.218(4r)(a)2.
2. "Private college" means a private, regionally accredited, 4-year, nonprofit college or university that is incorporated in this state or that has its regional headquarters and principal place of business in this state or a tribally controlled college in this state.
196.218(4r)(b)
(b) The commission, in consultation with the department and the board, shall promulgate rules establishing an educational telecommunications access program to provide school districts, private schools, cooperative educational service agencies, technical college districts, private colleges and public library boards with access to data lines and video links.
196.218(4r)(c)
(c) The rules promulgated under
par. (b) shall do all of the following:
196.218(4r)(c)1.
1. Allow a school district, private school, cooperative educational service agency, technical college district, private college and public library board to make a request to the board for access to either one data line or one video link, except that if a school district operates more than one high school the rules shall allow the school district to request access to both a data line and a video link and to request access to more than one data line or video link. The board shall forward requests received under this subdivision to the commission and the department.
196.218(4r)(c)2.
2. Establish eligibility requirements for a school district, private school, cooperative educational service agency, technical college district, private college and public library board to participate in the program established under
par. (b). The requirements shall prohibit a participant in the program from receiving assistance from the universal service fund for the purpose specified in
sub. (5) (a) 3. for educational telecommunications access that is substantially similar to the access provided to the participant under the program.
196.218(4r)(c)3.
3. Establish specifications for a data line or video link that is provided to a school district, private school, cooperative educational service agency, technical college district, private college and public library board under the program established under
par. (b).
196.218(4r)(c)4.
4. Require a school district, private school, cooperative educational service agency, technical college district, private college and public library board to pay the department not more than $250 per month for each data line or video link that is provided to the school district, private school, cooperative educational service agency, technical college district, private college and public library board under the program established under
par. (b), except that the charge may not exceed $100 per month for each data line or video link that relies on a transport medium that operates at a speed of 1.544 megabits per second.
196.218(4r)(d)
(d) The commission shall submit an annual report to the board on the status of providing data lines and video links that are requested under
par. (c) 1. and the impact on the universal service fund of any payment under
sub. (5) (a) 5.
196.218(4r)(e)
(e) If the federal communications commission promulgates or modifies rules that provide rate discounts for telecommunications services to school districts, private schools, cooperative educational service agencies, technical college districts, private colleges or public library boards under
47 USC 254, the governor shall submit a report to the joint committee on finance that includes any recommended changes to statutes or rules with respect to funding the program established under
par. (b).
196.218(4r)(f)
(f) Notwithstanding
pars. (b) and
(c), technical college districts are not eligible to participate in the program established under
par. (b) before April 1, 1998. In consultation with the commission, the board shall determine by April 1, 1998, whether there are sufficient moneys in the appropriation under
s. 20.275 (1) (s) to include technical college districts in the program established under
par. (b). If the board determines that there are sufficient moneys, technical college districts are eligible to participate in the program established under
par. (b) beginning on April 1, 1998.
196.218(4r)(g)
(g) From the appropriation under
s. 20.275 (1) (s) or
(tm), the board may award an annual grant to a school district or private school that had in effect on October 14, 1997, a contract for access to a data line or video link, as documented by the commission. The board shall determine the amount of the grant, which shall be equal to the cost incurred by the state to provide telecommunications access to a school district or private school under a contract entered into under
s. 16.974 (7) (a) or
(c) less the amount that the school district or private school would be paying under
par. (c) 4. if the school district or private school were participating in the program established under
par. (b), except that the amount may not be greater than the cost that a school district or private school incurs under the contract in effect on October 14, 1997. A school district or private school receiving a grant under this paragraph is not eligible to participate in the program under
par. (b). No grant may be awarded under this paragraph after June 30, 2002.
196.218(5)(a)(a) The commission shall use the moneys in the universal service fund only for any of the following purposes:
196.218(5)(a)1.
1. To assist customers located in areas of this state that have relatively high costs of telecommunications services, low-income customers and disabled customers in obtaining affordable access to a basic set of essential telecommunications services.
196.218(5)(a)2.
2. To assist in the deployment of advanced service capabilities of a modern telecommunications infrastructure throughout this state.
196.218(5)(a)3.
3. To promote affordable access throughout this state to high-quality education, library and health care information services.
196.218(5)(a)6.
6. To pay the department of administration for telecommunications services provided under
s. 16.973 (1) to the campuses of the University of Wisconsin System at River Falls, Stout, Superior and Whitewater.
196.218(5)(a)7.
7. To make grants awarded by the board to school districts and private schools under
sub. (4r) (g). This subdivision does not apply after June 30, 2002.
196.218(5)(b)
(b) The commission shall promulgate rules to determine whether a telecommunications provider, the customers of a telecommunications provider or another person shall be assisted by the universal service fund for any use under
par. (a) 1. to
4.
196.218(5)(c)
(c) The commission shall consider all of the following in establishing the services and equipment which may be assisted by the universal service fund:
196.218(5)(c)1.
1. The impact of the assistance on all members of the public and the telecommunications industry.
196.218(5)(c)4.
4. Telecommunications plans and requirements established by the federal rural electrification administration.
196.218(5)(c)5.
5. The extent to which the fund preserves and promotes an available and affordable basic set of essential telecommunications services, encourages access to the advanced service capabilities of a modern telecommunications infrastructure throughout the state and promotes economic development.
196.218(5m)
(5m) Rule review. Except for rules promulgated under
sub. (4r) (b), at least biennially, the commission shall review and revise as appropriate rules promulgated under this section.
196.218(5r)(a)(a) Annually, the commission shall submit a universal service fund report to the joint committee on information policy. The report shall include information about all of the following:
196.218(5r)(a)1.
1. The affordability of and accessibility to a basic set of essential telecommunications services and of advanced service capabilities throughout this state.
196.218(5r)(a)2.
2. The affordability of and accessability to high-quality education, library and health care information services.
196.218(5r)(a)3.
3. Financial assistance provided under the universal service fund.
196.218(5r)(a)4.
4. An assessment of how successful investments identified in
s. 196.196 (5) (f), assistance provided by the universal service fund or the Wisconsin advanced telecommunications foundation and price regulation and other alternative incentive regulations of telecommunications utilities designed to promote competition have been in advancing the public interest goals identified under
s. 196.03 (6), and recommendations for further advancing those goals.
196.218(5r)(b)
(b) The commission shall prepare a report to determine if public access broadcast channels may receive funding from the universal service fund as an advanced telecommunications service or other service and the effect of federal law on public access broadcast channel funding eligibility. The results of the report shall be included in the 2nd annual report submitted by the commission under
par. (a).
196.218(6)(a)(a) The commission shall appoint a universal service fund council under
s. 15.04 (1) (c) consisting of representatives of telecommunications providers and consumers of telecommunications services, including this state. The majority of the members of the council shall be representatives of consumers of telecommunications services.
196.218(6)(b)
(b) The universal service fund council shall advise the commission concerning the administration of this section and the content of rules promulgated under this section. This paragraph does not apply to the administration of
sub. (4r) and rules promulgated under
sub. (4r) (b).
196.218(7)
(7) Education. The commission may require a telecommunications provider to undertake reasonable public notification and education efforts to inform eligible customers of the availability and requirements of universal and basic service programs, including any offerings of lifeline or other supported services established under state or federal law.
196.218(8)(a)(a) Any person who fails or refuses to pay the contribution required under
sub. (3) may be required to forfeit not less than $100 nor more than $10,000. Each day of continued violation constitutes a separate offense.
196.218(8)(b)
(b) A court imposing a forfeiture under
par. (a) shall consider all of the following in determining the amount of the forfeiture:
196.218(8)(b)1.
1. The appropriateness of the forfeiture to the volume of business of the person.
196.218(8)(b)3.
3. Any good faith attempt to achieve compliance after the person or an officer, agent or employe of the person receives notice of the violation.
196.218(8)(b)4.
4. The financial gain sought by the person by not paying the contribution required under
sub. (3).
196.218(9)
(9) Emergency telephone service study. The commission shall conduct a study to determine if emergency telephone services should be supported by the universal service fund. The commission shall report its findings and recommendations, including any recommendations for statutory changes no later than January 1, 1997, to the joint committee on information policy.
196.218 History
History: 1993 a. 496;
1997 a. 27,
41,
237.
196.219
196.219
Protection of telecommunications consumers. 196.219(1)(a)
(a) "Consumer" means any person, including a telecommunications provider, that uses the services, products or facilities provided by a telecommunications utility or the local exchange services offered by a telecommunications provider that is not a telecommunications utility.
196.219(2)(a)(a) Notwithstanding any exemptions identified in this chapter except
s. 196.202, a telecommunications utility or provider shall provide protection to its consumers under this section unless exempted in whole or in part by rule or order of the commission under this section. The commission shall promulgate rules that identify the conditions under which provisions of this section may be suspended.
196.219(2)(b)
(b) On petition, the commission may grant an exemption from a requirement under this section upon a showing that the exemption is reasonable and not in conflict with the factors under
s. 196.03 (6).
196.219(2)(c)
(c) On petition, the commission may grant an exemption from a requirement under this section retroactively if the application of the requirement would be unjust and unreasonable considering the factors under
s. 196.03 (6) or other relevant factors.
196.219(2)(d)
(d) If the commission grants an exemption under this subsection, it may require the telecommunications utility or provider to comply with any condition necessary to protect the public interest.
196.219(2m)
(2m) Access services. A telecommunications utility or provider shall provide access services under tariff under the same rates, terms and conditions to all telecommunications providers, except that a provider is not obligated to provide to competitors access to dedicated access services provided to end user customers as part of an interexchange service.
196.219(3)
(3) Prohibited practices. A telecommunications utility with respect to its regulated services or any other telecommunications provider with respect to its offering of local exchange services may not do any of the following:
196.219(3)(a)
(a) Refuse to interconnect within a reasonable time with another person to the same extent that the federal communications commission requires the telecommunications utility or provider to interconnect. The public service commission may require additional interconnection based on a determination, following notice and opportunity for hearing, that additional interconnection is in the public interest and is consistent with the factors under
s. 196.03 (6).
196.219(3)(b)
(b) Upon request, fail to disclose in a timely and uniform manner information necessary for the design of equipment and services that will meet the specifications for interconnection.
196.219(3)(c)
(c) Impair the speed, quality or efficiency of services, products or facilities offered to a consumer under a tariff, contract or price list.
196.219(3)(d)
(d) Unreasonably refuse, restrict or delay access by any person to a telecommunications emergency service.
196.219(3)(e)
(e) Fail to provide a service, product or facility to a consumer other than a telecommunications provider in accord with the telecommunications utility's or provider's applicable tariffs, price lists or contracts and with the commission's rules and orders.
196.219(3)(em)
(em) Refuse to provide a service, product or facility, in accord with that telecommunications utility's or provider's applicable tariffs, price lists or contracts and with the commission's rules and orders, to another telecommunications provider.
196.219(3)(f)
(f) Refuse to provide basic local exchange service, business access line and usage service within a local calling area and access service on an unbundled basis to the same extent that the federal communications commission requires the telecommunications utility or provider to unbundle the same services provided under its jurisdiction. The public service commission may require additional unbundling of intrastate telecommunications services based on a determination, following notice and opportunity for hearing, that additional unbundling is required in the public interest and is consistent with the factors under
s. 196.03 (6). The public service commission may order unbundling by a small telecommunications utility.
196.219(3)(h)
(h) To the extent prohibited by the federal communications commission, or by the public service commission under rules promulgated consistent with the factors under
s. 196.03 (6), give preference or discriminate in the provision of services, products or facilities to an affiliate, or to the telecommunications utility's or provider's own or an affiliate's retail department that sells to consumers.
196.219(3)(j)
(j) Restrict resale or sharing of services, products or facilities, except for basic local exchange service other than extended community calling, unless the commission orders the restriction to be lifted. A telecommunications utility that has 150,000 or less access lines in use in this state may limit the use of extended community calling or business line and usage service within a local calling area as a substitute for access service, unless the commission orders the limitation to be lifted.
196.219(3)(L)
(L) Fail to provide, or to terminate, any telecommunications service as necessary to comply with the minimum standards of service established by the commission with respect to technical service quality, deposits, disconnection, billing and collection of amounts owed for services provided or to be provided.
196.219(3)(m)
(m) Provide telecommunications service to any person acting as a telecommunications utility, telecommunications provider, alternative telecommunications utility or telecommunications carrier if the commission has ordered the telecommunications utility or provider to discontinue service to that person.
196.219(4)(a)(a) On the commission's own motion or upon complaint filed by the consumer, the commission shall have jurisdiction to take administrative action or to commence civil actions against telecommunications utilities or providers to enforce this section.
196.219(4)(b)
(b) The commission may, at its discretion, institute in any court of competent jurisdiction a proceeding against a telecommunications utility or provider for injunctive relief to compel compliance with this section, to compel the accounting and refund of any moneys collected in violation of this section or for any other relief permitted under this chapter.
196.219(4d)
(4d) Unfair trade practice enforcement. Upon receipt of a notice issued under
s. 100.208, the commission may order a telecommunications provider to cease offering the telecommunications service that creates the unfair trade practice or method of competition.
196.219(4m)(a)(a) Upon a finding of a violation of this section by the commission, any person injured because of a violation of this section by a telecommunications utility or provider may commence a civil action to recover damages or to obtain injunctive relief.
