196.219(3)(o)
(o) Refuse to transfer or facilitate the transfer of the telecommunications utility's or telecommunications provider's local exchange service customers to another telecommunications provider on the same terms and conditions as the telecommunications utility or telecommunications provider receives from any other telecommunications provider, unless such terms and conditions violate federal law.
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.
196.219(4m)(b)
(b) Upon request of the commission, the attorney general may bring an action to require a telecommunications utility or provider to compensate any person for any pecuniary loss caused by the failure of the utility or provider to comply with this section.
196.219(5)
(5) Alternate dispute resolution. The commission shall establish by rule a procedure for alternative dispute resolution to be available for complaints filed against a telecommunications utility or provider.
196.219 Annotation
Sub. (4) does not grant the public service commission the right to sue a utility for forfeitures on its own behalf and on behalf of individual citizens to enforce rights granted to them by other provisions of chapter 196. PSC v. Wisconsin Bell, Inc.
211 Wis. 2d 749,
566 N.W.2d 496 (Ct. App. 1997).
196.22
196.22
Discrimination forbidden. No public utility may charge, demand, collect or receive more or less compensation for any service performed by it within the state, or for any service in connection therewith, than is specified in the schedules for the service filed under
s. 196.19, including schedules of joint rates, as may at the time be in force, or demand, collect or receive any rate, toll or charge not specified in the schedule.
196.22 History
History: 1983 a. 53.
196.22 Cross-reference
Cross Reference: See also chs.
PSC 113 and
134, Wis. adm. code.
196.24
196.24
Agents of commission; powers. 196.24(1)
(1) For the purpose of making any investigation with regard to any public utility the commission may appoint, by an order in writing, an agent whose duties shall be prescribed in the order.
196.24(2)
(2) In the discharge of his or her duties, an agent appointed under
sub. (1) shall have any inquisitional power granted to the commission and the power of a supplemental court commissioner to take depositions under
s. 757.675 (2) (b).
196.24(3)
(3) The commission may conduct any number of investigations contemporaneously through different agents, and may delegate to any agent the authority to take testimony bearing upon any investigation or at any hearing. The decision of the commission shall comply with
s. 227.46 and shall be based upon its records and upon the evidence before it, except that, notwithstanding
s. 227.46 (4), a decision maker may hear a case or read or review the record of a case if the record includes a synopsis or summary of the testimony and other evidence presented at the hearing that is prepared by the commission staff. Parties shall have an opportunity to demonstrate to a decision maker that a synopsis or summary prepared under this subsection is not sufficiently complete or accurate to fairly reflect the relevant and material testimony or other evidence presented at a hearing.
196.25(1)(1) If a public utility receives from the commission any questionnaire, the public utility shall respond fully, specifically and correctly to each question. If a public utility is unable to answer any question, the public utility shall give a good and sufficient reason for its failure. Every answer by a public utility under this section shall be verified under oath by the president, secretary, superintendent or general manager of the public utility and returned to the commission at its office within the period fixed by the commission.
196.25(2)
(2) If required by the commission, a public utility shall deliver to the commission the original or a copy of any map, profile, contract or engineer's report and any other document, book, account, paper or record with a complete inventory of all its property, in such form as the commission directs.
196.25(3)
(3) If a telecommunications provider receives a questionnaire from the commission, the telecommunications provider shall respond specifically, correctly and fully to each question. If a telecommunications provider is unable to answer any question, the telecommunications provider shall give a good and sufficient reason for its failure. Answers shall be verified under oath by the president, secretary, superintendent or general manager of the telecommunications provider. A completed questionnaire shall be returned to the commission within the time period specified by the commission.
196.25 History
History: 1983 a. 53;
1993 a. 496.
196.26
196.26
Complaint by consumers; hearing; notice; order; costs. 196.26(1)(1)
Complaint. In this section, "complaint" means any of the following:
196.26(1)(a)
(a) A complaint filed with the commission that any rate, toll, charge, or schedule, joint rate, regulation, measurement, act, or practice relating to the provision of heat, light, water, power, or telecommunications service is unreasonable, inadequate, unjustly discriminatory, or cannot be obtained.
196.26(1)(c)
(c) A complaint by a party to an interconnection agreement, approved by the commission, that another party to the agreement has failed to comply with the agreement and that does not allege that the failure to comply has a significant adverse effect on the ability of the complaining party to provide telecommunications service to its customers or potential customers.
196.26(1m)
(1m) Investigation of complaint. If any mercantile, agricultural, or manufacturing society, body politic, municipal organization, or 25 persons file a complaint specified in
sub. (1) (a) against a public utility, or if the commission terminates a proceeding on a complaint under
s. 196.199 (3) (a) 1m. b., or if a person files a complaint specified in
sub. (1) (c), the commission, with or without notice, may investigate the complaint under this section as it considers necessary. The commission may not issue an order based on an investigation under this subsection without a public hearing.
196.26(2)(a)(a) Prior to a hearing under this section, the commission shall notify the public utility or party to an interconnection agreement complained of that a complaint has been made, and 10 days after the notice has been given the commission may proceed to set a time and place for a hearing and an investigation. This paragraph does not apply to a complaint specified in
sub. (1) (b).
196.26(2)(b)
(b) The commission shall give the complainant and either the public utility or party to an interconnection agreement which is the subject of a complaint specified in
sub. (1) (a) or
(c) or, for a complaint specified in
sub. (1) (b), a party to an interconnection agreement who is identified in a notice under
s. 196.199 (3) (b) 1. b., 10 days' notice of the time and place of the hearing and the matter to be considered and determined at the hearing. The complainant and either the public utility or party to the interconnection agreement may be heard. The commission may subpoena any witness at the request of the public utility, party to the interconnection agreement, or complainant.
196.26(2)(c)
(c) Notice under
pars. (a) and
(b) may be combined. The combined notice may not be less than 10 days prior to hearing.
196.26(3)
(3) Separate hearings. If a complaint is made under
sub. (1m) of more than one rate or charge, the commission may order separate hearings on each rate and charge, and may consider and determine the complaint on each rate and charge separately and at such times as the commission prescribes. The commission may not dismiss a complaint because of the absence of direct damage to the complainant.
196.26(4)(a)(a) This section does not apply to any rate, toll, charge or schedule of any telecommunications cooperative except as provided under
s. 196.205 or unless at least 5% of the customers of the telecommunications cooperative file a complaint with the commission that the rate, toll, charge or schedule is in any respect unreasonable, insufficient or unjustly discriminatory.
196.26(4)(b)
(b) This section does not apply to any rate, toll, charge or schedule of any small telecommunications utility except as provided under
s. 196.215 (2).
196.26 Cross-reference
Cross Reference: See also ch.
PSC 2 and s.
PSC 2.11, Wis. adm. code.
196.28
196.28
Summary investigations. 196.28(1)
(1) If the commission believes that any rate or charge is unreasonable or unjustly discriminatory or that any service is inadequate or cannot be obtained or that an investigation of any matter relating to any public utility should for any reason be made, the commission on its own motion summarily may investigate with or without notice.
196.28(2)
(2) If, after an investigation under
sub. (1), the commission determines that sufficient grounds exist to warrant a hearing on the matters investigated, the commission shall set a time and place for a hearing. A hearing under this section shall be conducted as a hearing under
s. 196.26.
196.28(3)
(3) Notice of the time and place for a hearing under
sub. (2) shall be given to the public utility and to such other interested persons as the commission considers necessary. After the notice has been given, proceedings shall be had and conducted in reference to the matter investigated as if a complaint specified in
s. 196.26 (1) (a) had been filed with the commission relative to the matter investigated. The same order or orders may be made in reference to the matter as if the investigation had been made on complaint under
s. 196.26.
196.28(4)
(4) This section does not apply to rates, tolls or charges of a telecommunications cooperative or small telecommunications utility except as provided in
s. 196.205 or
196.215 (2).
196.28 Annotation
The PSC's decision not to investigate under ss.196.28 and 196.29 was a nonreviewable, discretionary determination. Reviewable decisions are defined. Wisconsin Environmental Decade, Inc. v. PSC,
93 Wis. 2d 650,
287 N.W.2d 737 (1980).
196.30
196.30
Utilities may complain. Any public utility may file a complaint with the commission on any matter affecting its own product or service.
196.30 History
History: 1983 a. 53.
196.30 Cross-reference
Cross Reference: See also ch.
PSC 2 and s.
PSC 2.11, Wis. adm. code.
196.31
196.31
Intervenor financing. 196.31(1)
(1) In any proceeding before the commission, the commission shall compensate any participant in the proceeding who is not a public utility, for some or all of the reasonable costs of participation in the proceeding if the commission finds that:
196.31(1)(a)
(a) The participation is necessary to provide for the record an adequate presentation of a significant position in which the participant has a substantial interest, and that an adequate presentation would not occur without a grant of compensation; or
196.31(1)(b)
(b) The participation has provided a significant contribution to the record and has caused a significant financial hardship to the participant.
196.31(1m)
(1m) The commission shall compensate any consumer group or consumer representative for all reasonable costs of participating in a hearing under
s. 196.196 (1) (g) or
196.198.
196.31(2)
(2) Compensation granted under this section shall be paid from the appropriation under
s. 20.155 (1) (j) and shall be assessed under
s. 196.85 (1), except that, if the commission finds that the participation for which compensation is granted relates more to a general issue of utility regulation rather than to an issue arising from a single proceeding, the cost of the compensation may be assessed under
s. 196.85 (2). Any payment by a public utility for compensation under this section assessed under
s. 196.85 (1) or
(2) shall be credited to the appropriation under
s. 20.155 (1) (j).
196.31(3)
(3) The commission shall adopt rules to implement this section.
196.31 Cross-reference
Cross Reference: See also ch.
PSC 3, Wis. adm. code.
196.32
196.32
Witness fees and mileage. 196.32(1)
(1) Any witness who appears before the commission or its agent, by order, shall receive for the applicable attendance the fees provided for witnesses in civil cases in courts of record, which shall be audited and paid by the state in the same manner as other expenses are audited and paid under
s. 885.07, upon the presentation of proper vouchers sworn to by such witnesses and approved by the chairperson of the commission. Fees paid under this section shall be charged to the appropriation for the commission under
s. 20.155 (1) (g).
196.32(2)
(2) No witness subpoenaed at the instance of parties other than the commission may be compensated under this section unless the commission certifies that the testimony of the witness was material to the matter investigated.
196.32 History
History: 1983 a. 53.
196.33
196.33
Depositions. The commission or any party in any investigation or hearing may cause the depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in circuit courts. Any expense incurred or authorized by the commission in taking a deposition shall be charged to the appropriation for the commission under
s. 20.155 (1) (g).
196.33 History
History: 1983 a. 53.
196.34
196.34
Commission records. The commission shall keep a complete record of its proceedings before the commission or its agent in any formal investigation or hearing.
196.34 History
History: 1983 a. 53;
1995 a. 27.
196.36
196.36
Transcripts and tapes. 196.36(1)
(1)
Transcripts. The commission shall receive into evidence a transcribed copy of the evidence and proceedings, or any specific part of the evidence and proceedings, on any investigation or hearing taken by a stenographer if the stenographer certifies that the copy is a true and correct transcript of all the testimony or of the testimony of a particular witness, or of any other specific part of the investigation or hearing, that the transcript was carefully compared by the stenographer with his or her original notes, and that the copy is a correct statement of the evidence presented and proceedings held in the investigation or hearing. The certified copy shall have the same effect as if the stenographer were present and testified to the correctness of the copy.
196.36(1m)
(1m) Transcripts from tapes. The commission shall receive into evidence a transcribed copy of an audiotape or videotape of the evidence and proceedings, or any specific part of the evidence and proceedings, of any investigation or hearing that is recorded if the transcriber certifies that the copy is a true and correct transcription from the audiotape or videotape of all the testimony or of the testimony of a particular witness, or of any other specific part of the investigation or hearing and that the copy is a correct statement of the evidence presented and proceedings held in the investigation or hearing. The certified copy shall have the same effect as if the transcriber were present and testified to the correctness of the copy.
196.36(1r)
(1r) Production expenses. The commission may require any party to an investigation or hearing to bear the expense of producing a transcript, audiotape or videotape that is related to the investigation or hearing.
196.36(2)
(2) Copies. Upon request, the commission shall furnish a copy of a transcript under this section to any party to the investigation or hearing from which the transcript is taken and shall furnish a copy of an audiotape or videotape to any party to the investigation or hearing from which the audiotape or videotape is taken. The commission may charge a reasonable price for the transcript or tape.
196.36 Cross-reference
Cross Reference: See also ch.
PSC 113 and s.
PSC 2.29, Wis. adm. code.
196.37
196.37
Lawful rates; reasonable service. 196.37(1)
(1) If, after an investigation under this chapter or
ch. 197, the commission finds rates, tolls, charges, schedules or joint rates to be unjust, unreasonable, insufficient or unjustly discriminatory or preferential or otherwise unreasonable or unlawful, the commission shall determine and order reasonable rates, tolls, charges, schedules or joint rates to be imposed, observed and followed in the future.
196.37(2)
(2) If the commission finds that any measurement, regulation, practice, act or service is unjust, unreasonable, insufficient, preferential, unjustly discriminatory or otherwise unreasonable or unlawful, or that any service is inadequate, or that any service which reasonably can be demanded cannot be obtained, the commission shall determine and make any just and reasonable order relating to a measurement, regulation, practice, act or service to be furnished, imposed, observed and followed in the future.
196.37(3)
(3) Any public utility to which an order under this section applies shall make such changes in schedules on file under
s. 196.19 to make the schedules conform to the order. The public utility may not make any subsequent change in rates, tolls or charges without the approval of the commission, except as provided in
s. 196.205 or
196.215 (2).
196.37(4)
(4) This section does not apply to rates, tolls or charges of a telecommunications cooperative or small telecommunications utility except as provided in
s. 196.205 or
196.215 (2).
196.37 Cross-reference
Cross Reference: See also ch.
PSC 110, Wis. adm. code.
196.37 Annotation
In the absence of statutory authority, the PSC may not fix rates to be applied retroactively. Algoma, Eagle River, New Holstein, Stratford, Sturgeon Bay & Two Rivers v. PSC,
91 Wis. 2d 252,
283 N.W.2d 261 (Ct. App. 1978).
196.37 Annotation
Allowing a utility to charge present ratepayers for a storm damage casualty loss that occurred in a prior year did not constitute retroactive rate making. Wisconsin Environmental Decade, Inc. v. PSC,
98 Wis. 2d 682,
298 N.W.2d 205 (Ct. App. 1980).
196.37 Annotation
The PSC has authority to shift the cost of excess generating capacity to shareholders if the excess capacity was imprudently acquired or is not useful in serving the public, but there must be a reasoned determination that ratepayers should not bear the cost. Madison Gas & Electric Co. v. PSC,
109 Wis. 2d 127,
325 N.W.2d 339 (1982).
196.37 Annotation
A utility's failure to pay taxes under protest may constitute "imprudence" and may reasonably affect a rate-setting decision. Wisconsin Public Service Corporation v. PSC,
156 Wis. 2d 611,
457 N.W.2d 502 (Ct. App. 1990).
196.37 Annotation
The PSC has authority to order a utility to refund compensation collected in violation of filed tariffs. GTE North Inc. v. PSC,
176 Wis. 2d 559,
500 N.W.2d 284 (1993).
196.37 Annotation
The PSC's imposition of a penalty for imprudent administration of a coal acquisition contract was impermissible retroactive rate-making. Wisconsin Power & Light v. PSC,
181 Wis. 2d 385,
511 N.W.2d 291 (1994).
196.372
196.372
Railroad telecommunications service. If the commission receives a complaint that telecommunications service with any railroad, as defined under
s. 195.02, is inadequate or in any respect unreasonably or unjustly discriminatory or that the service is unavailable, the commission shall investigate the same. If upon investigation the commission finds that any telecommunications service is inadequate or unreasonably or unjustly discriminatory or that the service is unavailable, it shall determine and by order fix a reasonable regulation, practice or service to be installed, imposed and observed and followed in the future.
