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, employee 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) (b) or
(c).
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).
196.215(3)(a)(a) If within 60 days after notice of a proposed rate increase is mailed under
s. 196.213 the commission has not received petitions from at least the number of eligible consumers specified in
par. (am) of the small telecommunications utility requesting that the commission determine rates, tolls or charges on the proposed increase, the commission shall certify that fact to the small telecommunications utility and the small telecommunications utility's proposed rate increase shall take effect as published in the notice under
s. 196.213. Rates, tolls and charges established by a small telecommunications utility under this paragraph shall be in effect for at least 365 days. If within 60 days after notice of a proposed rate increase is mailed the commission receives petitions from at least the number of eligible consumers specified in
par. (am) of the small telecommunications utility requesting that the commission determine rates, tolls or charges on the proposed increase, the commission shall proceed under
sub. (6) (d).
196.215(3)(am)1.1. In the case of a proposed rate increase for a class of consumers under
s. 196.213 (1) (a) 2. who purchase access to the local exchange operated by the small telecommunications utility that exceeds, in any 12-month period, the percentage increase in the U.S. consumer price index for all urban consumers, U.S. city average, for the previous year and that is not identical to the corresponding increase in charges for interstate access to the local network applicable to this class of consumers, the eligible consumers under
par. (a) shall be any combination of telecommunications utilities or telecommunications carriers subject to this proposed rate increase that are billed for 10% or more of the small telecommunications utility's revenues derived from charges for intrastate access to the local network.
196.215(3)(am)2.
2. For a proposed rate increase for any class of consumers under
s. 196.213 (1) (a) 1., the number of eligible consumers under
par. (a) shall be equal to 9.5% of the small telecommunications utility's access lines in use unless this number is:
196.215(3)(am)2.a.
a. Less than 50, in which case 50 consumers shall constitute the number of eligible consumers; or
196.215(3)(am)2.b.
b. Greater than 500, in which case 500 consumers shall constitute the number of eligible consumers.
196.215(3)(ar)
(ar) If the eligible consumers identified in
par. (am) 1. submit a valid petition to the commission under
par. (a), the eligible consumers may withdraw the petition at any time prior to the commission establishing the rates subject to the petition. Upon withdrawal, the commission may not establish these rates.
196.215(3)(cm)
(cm) If the commission receives a petition from at least the number of eligible consumers specified in
par. (am) 2. of the small telecommunications utility requesting that the commission investigate and determine if the small telecommunications utility's rates, tolls or charges are just and reasonable, the commission shall notify the small telecommunications utility that the commission will investigate under
sub. (6). A signature on a petition may not be counted if the date of that signature is more than 60 days before the filing of the petition.
196.215(3)(d)
(d) The commission shall promulgate rules governing the form of petitions under this subsection. The commission may not deem invalid any petition submitted under this subsection which is substantially in compliance with the commission's rules.
196.215(4)
(4) A small telecommunications utility shall be 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 an order of the commission issued under
sub. (2) (c) 3. until the first day of the 24th month after affirmation of the order by the circuit court of Dane County or after the expiration of the period during which a petition for review or rehearing is authorized under
s. 196.52 or
227.16, whichever is sooner.
196.215(5)(a)(a) Interest coverage ratio is calculated by adding net operating income to income earned on temporary cash investments, deducting applicable federal income taxes and applicable taxes imposed under
ch. 71, and dividing that figure by interest expense.
196.215(5)(b)1.1. Target rate is calculated by adding Moody's average of yields on Baa public utility bonds, expressed in percent, to a percentage set by the commission under
subd. 2.
196.215(5)(b)2.
2. The commission shall promulgate a rule establishing percentages used to calculate target rate under
subd. 1. Percentages set under this subdivision shall be in effect for at least 7 years. The commission shall adopt a rule to change a percentage set under this subdivision at least 2 years before the effective date of the change. The commission may not change a percentage set under this subdivision by more than 20% of the amount of the percentage.
196.215(5)(b)3.
3. The rate of return range for a small telecommunications utility is a range 2% above to 2% below the small telecommunications utility's target rate.
196.215(5)(b)4.
4. Annually no later than January 31, the commission shall issue an order adjusting the Moody's average of yields on Baa public utility bonds used to determine the target rate by taking the most recent 12-month average of Moody's average of yields on Baa public utility bonds. The order shall take effect on February 1 immediately following the order. The commission may issue the order without a hearing.
196.215(5)(c)
(c) An equity-thin utility is building equity if the small telecommunications utility has an average dividend payout of less than 50% of its average net income after taxes or if the commission determines that the small telecommunications utility is increasing the percentage of common stock equity in its total capital structure through other appropriate means.
196.215(5)(d)1.1. The commission shall use the information filed by a small telecommunications utility under
s. 196.07 in the 3 most recent years to calculate average interest coverage ratio, average rate of return on common stock equity, average dividend payout and average net income after taxes.
196.215(5)(d)2.
2. The commission may adjust, for making a determination under this section, any salary, affiliated interest charge or depreciation expense that the commission determines to be unreasonable in calculating the rate of return on common stock equity of a small telecommunications utility. The commission may adjust, for making a determination under this section, a depreciation rate used by a small telecommunications utility only if that depreciation rate falls outside the range established under
s. 196.09 (9) or has not otherwise been approved by the commission within the previous 24 months. If the commission adjusts for depreciation, it shall use the rate established under
s. 196.09 (9) (a) that is closest to the rate used by the small telecommunications utility.
196.215(6)(a)(a) If consumers request that the commission investigate a small telecommunications utility's rates, tolls or charges under
sub. (3) (cm), the commission shall dismiss the petition if any of the following financial conditions exists:
196.215(6)(a)1.
1. The small telecommunications utility has an average interest coverage ratio of less than 2.
196.215(6)(a)2.
2. The small telecommunications utility has an average rate of return on common stock equity within or below the small telecommunications utility's rate of return range.
196.215(6)(a)3.
3. If an equity-thin utility, the small telecommunications utility is building equity.
196.215(6)(b)
(b) Annually, if the commission does not dismiss a petition under
par. (a), the commission shall proceed under
s. 196.20 (5). Rates, tolls or charges established by the commission under this paragraph shall be in effect for at least 365 days.
196.215(6)(c)
(c) Subsection (5) (a) to
(d), as it relates to financial conditions under that subsection, applies to financial conditions under this subsection.
196.215(6)(d)1.1. If consumers petition the commission under
sub. (3) (a), the small telecommunications utility may implement the proposed rate increase as published in the notice under
s. 196.213, subject to refund. The commission shall proceed under
s. 196.20 (5).
196.215(6)(d)2.
2. If consumers request that the commission investigate a small telecommunications utility's proposed rate increase under
sub. (3) (a), the small telecommunications utility may withdraw the proposed rate increase within 10 days after the commission notifies the small telecommunications utility that the commission will investigate the proposed rate by notifying the commission and each of the consumers to whom the small telecommunications utility has provided notice of the proposed rate increase. A small telecommunications utility that withdraws a proposed rate increase under this subdivision may not propose a rate increase for the same service for 365 days from the date on which the small telecommunications utility mails the notice of withdrawal of the proposed rate increase.
196.215(7)(a)(a) The commission on its own motion may, under
s. 196.20 (5), investigate, determine and order rates, tolls or charges of a small telecommunications utility if at least 3 of the following conditions exist:
196.215(7)(a)1.
1. The small telecommunications utility's basic single-party residential flat rate exceeds the monthly rate under
par. (b) or, if the small telecommunications utility does not use a basic single-party residential flat rate, the small telecommunications utility's rate for that service exceeds a rate established by the commission that is equivalent to the monthly rate under
par. (b).
196.215(7)(a)2.
2. The small telecommunications utility has an average interest coverage ratio of more than 2.
196.215(7)(a)3.
3. The small telecommunications utility has an average rate of return on common stock equity above the rate of return range.
196.215(7)(a)4.
4. If an equity-thin utility, the small telecommunications utility is not building equity.
