196.218(1)(c)
(c) "Universal service" includes the availability of a basic set of essential telecommunications services and access to advanced service capabilities of a modern telecommunications infrastructure anywhere in this state.
196.218(1)(d)
(d) "Universal service fund" means the trust fund established under
s. 25.95.
196.218(2)
(2) Fund administration. The commission shall do all of the following:
196.218(2)(c)
(c) Contract for the administration of the universal service fund.
196.218(2)(d)
(d) Obtain an annual independent audit of the universal service fund.
196.218(3)(a)1.1. Except as provided in
par. (b), the commission shall require all telecommunications providers to contribute to the universal service fund beginning on January 1, 1996.
196.218(3)(a)2.
2. The commission may require a person other than a telecommunications provider to contribute to the universal service fund if, after notice and opportunity for hearing, the commission determines that the person is offering a nontraditional broadcast service in this state that competes with a telecommunications service provided in this state for which a contribution is required under this subsection.
196.218(3)(a)3.
3. The commission shall designate the method by which the contributions under this paragraph shall be calculated and collected. The method shall ensure that the contributions are sufficient to generate the amounts appropriated under
ss. 20.155 (1) (q),
20.255 (3) (q),
20.275 (1) (s),
(t) and
(tm) and
20.285 (1) (q). Contributions may be based only on the gross operating revenues from the provision of broadcast services identified by the commission under
subd. 2. and on intrastate telecommunications services in this state of the telecommunications providers subject to the contribution.
196.218(3)(a)4.
4. In calculating contribution amounts that must be paid into the universal service fund by telecommunications utilities that provide local exchange service, the commission shall determine the portion of the contributions that are used for the purposes specified in
sub. (5) (a) 5. to
7.
196.218(3)(b)
(b) The commission may exempt from part or all of the contributions required under
par. (a) telecommunications providers who have small gross operating revenues from the provision of intrastate telecommunications services in this state and who have provided these services for less than a period specified by the commission, not to exceed 5 years. The commission may also exempt a telecommunications provider or other person from part or all of the contribution required under
par. (a) if the commission determines that requiring the contribution would not be in the public interest.
196.218(3)(c)
(c) The commission shall designate by rule the classes of providers or other persons subject to
par. (a) and the required rates of contribution for each class.
196.218(3)(d)
(d) The commission shall consider all of the following in specifying the contributions required under
par. (a):
196.218(3)(d)1.
1. The impact of the contributions on all members of the public and the telecommunications industry.
196.218(3)(d)2.
2. The fairness of the amount of the contributions and the methods of collection.
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(4t)
(4t) Educational telecommunications access program rules. The commission, in consultation with the department of administration and the technology for educational achievement in Wisconsin board, shall promulgate rules specifying the telecommunications services eligible for funding through the educational telecommunications access program under
s. 44.73.
196.218(4u)
(4u) Medical telecommunications equipment program. From the appropriation under 20.155 (1) (q), the commission may spend up to $500,000 annually for grants to nonprofit medical clinics and public health agencies for the purchase of telecommunications equipment to be used in providing services to their clients. The commission shall promulgate rules establishing requirements and procedures for awarding grants under this subsection.
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)5m.
5m. To provide statewide access, through the Internet, to periodical reference information databases.
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 technology for educational achievement in Wisconsin board to school districts and private schools under
s. 44.73 (6). This subdivision does not apply after June 30, 2002.
196.218(5)(a)8.
8. To promote access to information and library services to blind and visually handicapped individuals.
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(5)(d)2.
2. The commission shall annually provide information booklets to all Wisconsin works agencies that describe the current assistance from the universal service fund that is available to low-income individuals who are served by the Wisconsin works agencies, including a description of how such individuals may obtain such assistance. The department of workforce development shall assist the commission in identifying the Wisconsin works agencies to which the commission is required to submit the information required under this subdivision.
196.218(5m)
(5m) Rule review. 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 and technology. 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(5u)
(5u) Biennial budget request. The commission shall include in its biennial budget request under
s. 16.42 a proposed budget for each individual program for which the commission proposes to expend moneys from the universal fund in the forthcoming biennium. A proposed budget under this subsection shall describe each program and identify the proposed expenditure amount for each program for each fiscal year of the biennium.
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.
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 employee 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 and technology.
196.218 Annotation
The provision, under sub. (4r), of subsidized links to all schools public and private, including religious schools, on a neutral basis does not violate the establishment clause of the 1st amendment of the United States constitution. Unrestricted direct cash grants, under sub. (4r) (g), to religious organizations do violate the establishment clause. Freedom From Religion Foundation, Inc. v. Bugher, 55 F. Supp.2d (1999).
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.
