196.203 Cross-reference
Cross Reference: See also chs.
PSC 168,
169,
170,
171, and
172, Wis. adm. code.
196.204
196.204
Cross-subsidization limited. 196.204(1)
(1) Except for retained earnings, a telecommunications utility may not subsidize, directly or indirectly, any activity, including any activity of an affiliate, which is not subject to this chapter or is subject to this chapter under
s. 196.194,
196.195,
196.202 or
196.203. No telecommunications utility may allocate any costs or expenses in a manner which would subsidize any activity which is not subject to this chapter or is subject to this chapter under
s. 196.194,
196.195,
196.202 or
196.203. Except as provided in
subs. (2) and
(4) the commission may not allocate any revenue or expense so that a portion of a telecommunications utility's business which is fully regulated under this chapter is subsidized by any activity which is not regulated under this chapter or is partially deregulated under
s. 196.194,
196.195,
196.202 or
196.203.
196.204(2)
(2) The commission may attribute revenues derived from the sale of directory advertising or directory publishing rights to the regulated activities of a telecommunications utility for rate making and other utility purposes.
196.204(3)
(3) The commission shall establish the necessary minimum accounting and reporting requirements, and structural separation requirements if necessary, for telecommunications utilities to enable it to enforce this section. For a telecommunications utility regulated under
s. 196.195 or
196.196, these requirements shall at a minimum include the filing of cost support documentation demonstrating compliance with
subs. (5) and
(6) before the effective date of each new service, including any unbundled service element or basic network function; before any reduction in the price of a service offered to end users; and before any increase in the price of a service offered to other telecommunications providers. The commission, on its own motion or upon complaint, may order any telecommunications utility to file cost support documentation showing that a service that the utility offers or a contract that the utility has entered into under
s. 196.194 complies with
subs. (5) and
(6).
196.204(4)
(4) In order to protect the public interest, the commission may allocate the earnings derived from sale of services partially deregulated under
s. 196.195,
196.202 or
196.203 to the fully regulated activities of a telecommunications utility for rate-making purposes.
196.204(5)(ag)1.
1. "Local government telecommunications utility" means a municipality that owns, operates, manages, or controls any plant or equipment, or that wholly owns, operates, manages, or controls any entity that owns, operates, manages, or controls any plant or equipment, used to furnish telecommunications services within the state directly or indirectly to the public.
196.204(5)(ag)2.
2. "Nongovernmental telecommunications utility" means a telecommunications utility that is not a local government telecommunications utility.
196.204(5)(ar)1.1. In addition to the other requirements of this section, each telecommunications service, relevant group of services and basic network function offered or used by a telecommunications utility shall be priced to exceed its total service long-run incremental cost. The commission may waive the applicability of this subdivision to a nongovernmental telecommunications utility's basic local exchange service if the commission determines that a waiver is consistent with the factors under
s. 196.03 (6).
196.204(5)(ar)2.
2. For purposes of
subd. 1., the total service long-run incremental cost of a local government telecommunications utility shall take into account, by imputation or allocation, equivalent charges for all taxes, pole rentals, rights-of-way, licenses, and similar costs that are incurred by nongovernmental telecommunications utilities. This subdivision does not apply to a local government telecommunications utility that is subject to the exemption under
s. 66.0422 (3n). This subdivision also does not apply to a telecommunications service, relevant group of services, or basic network function if all of the following conditions apply:
196.204(5)(ar)2.a.
a. On November 1, 2003, the commission has determined that the local government telecommunications utility is an alternative telecommunications utility under
s. 196.203.
196.204(5)(ar)2.b.
b. A majority of the governing board of the local government telecommunications utility votes to submit the question of supporting the operation of the local government telecommunications utility to the electors in an advisory referendum and a majority of the voters in the local government telecommunications utility voting at the advisory referendum vote to support operation of the local government telecommunications utility.
196.204(5)(ar)3.
3. Subdivision 2. does not apply to a telecommunications service, relevant group of services, or basic network function, that is used to provide broadband service and that is offered by a municipal telecommunications utility, if all of the following apply:
196.204(5)(ar)3.a.
a. The municipal telecommunications utility offers the telecommunications service, relevant group of services, or basic network function on a nondiscriminatory basis to persons who provide broadband service to end users.
196.204(5)(ar)3.b.
b. The municipality does not provide to end users the telecommunications service, relevant group of services, or broadband service provided by the basic network function.
196.204(5)(ar)3.c.
c. The municipal utility determines that, at the time that the municipal utility authorizes the provision of the telecommunications service, relevant group of services, or basic network function, the municipal utility's provision of the service, group of services, or function does not compete with more than one provider of broadband service.
196.204(5)(b)
(b) Unless ordered by the commission,
par. (ar) does not apply to basic local exchange service or to business access line and usage service within a local calling area offered by a nongovernmental telecommunications utility with 150,000 or less access lines in use in this state. If
par. (ar) does not apply, the nongovernmental telecommunications utility may not reduce its rates for basic local exchange service below the monthly rate under
s. 196.215 (7) or total service long-run incremental cost, whichever is lower, and may not reduce its rates for business access line and usage service within a local calling area below total service long-run incremental cost.
196.204(6)(a)(a) In addition to the other requirements of this section, a telecommunications utility shall meet the imputation test in this subsection if all of the following apply:
196.204(6)(a)1.
1. The telecommunications utility has a service offering that competes with an offering of another telecommunications provider.
196.204(6)(a)2.
2. The other telecommunications provider's offering utilizes a service, including any unbundled service element or basic network function, from the telecommunications utility that is not available within the relevant market or geographic area on reasonably comparable terms and conditions from any other telecommunications provider.
196.204(6)(a)3.
3. The telecommunications utility's own offering uses that same noncompetitive service, or its functional equivalent.
196.204(6)(b)
(b) The price of a telecommunications service subject to an imputation test shall exceed the sum of all of the following:
196.204(6)(b)1.
1. The tariffed rates, including access, carrier common line, residual interconnection and similar charges, for the noncompetitive service or its functional equivalent that is actually used by the telecommunications utility in its service offering, as those rates would be charged any customer for the use of that service.
196.204(6)(b)2.
2. The total service long-run incremental costs of all other components of the telecommunications utility's service offering, including access charges actually paid.
196.204(6)(c)
(c) Upon complaint of a telecommunications utility and after notice and opportunity for hearing, the commission may make reasonable adjustments to the methodology specified in this subsection if the commission finds that adjustments are appropriate in order to recognize network efficiencies in the provision of services by the utility and will not give the utility a competitive advantage. The commission may not make an adjustment under this paragraph before January 1, 1998, for a telecommunications utility with more than 500,000 access lines in use in this state.
196.204(6)(d)1.1. The commission may suspend the application of the imputation test for basic local exchange service if that action is consistent with the factors under
s. 196.03 (6).
196.204(6)(d)2.
2. Unless ordered by the commission,
par. (b) does not apply to basic local exchange service or to business access line and usage service within a local calling area offered by a telecommunications utility with 150,000 or less access lines in use in this state. If
par. (b) does not apply, the telecommunications utility may not reduce its rates for basic local exchange service below the monthly rate under
s. 196.215 (7) and may not reduce its rates for business access line and usage service within a local calling area.
196.204(7)(a)(a) Except for public service information such as time and temperature or directory information, a telecommunications utility may not provide electronically published news, feature or entertainment material of the type generally published in newspapers or offered in a broadcast service, or electronic advertising services, except through an electronic publishing subsidiary or affiliate. A telecommunications utility may, without editing content, resell news, feature or entertainment material of the type generally published in newspapers or offered in a broadcast service, if the material is purchased from an unaffiliated entity or from an electronic publishing subsidiary or affiliate that makes the material available to all other persons under the same rates, terms and conditions.
196.204(7)(b)
(b) This subsection does not prohibit a telecommunications utility from electronically advertising its own services or from providing tariffed telecommunications services to a subsidiary, affiliate or unaffiliated entity that provides electronically published news, features or entertainment material or electronic advertising services.
196.204(7)(c)
(c) Services subject to this subsection are not subject to any other provisions in this section.
196.204(7)(d)
(d) This subsection does not apply to any of the following:
196.204(7)(d)2.
2. A telecommunications utility that meets all of the following conditions:
196.204(7)(d)2.d.
d. Does not begin providing cable television service in a city, village or town other than a city, village or town in which it provides cable television service on September 1, 1994.
196.204(7)(e)
(e) The commission shall promulgate rules that describe the elements necessary to demonstrate that an electronic publishing subsidiary or affiliate is sufficiently unaffiliated with a telecommunications utility. Elements may include the makeup of the board of directors of the subsidiary or affiliate and the amount of information, facilities or other resources that are shared by the telecommunications utility and the subsidiary or affiliate.
196.205
196.205
Election of rate regulation of telecommunications cooperatives. 196.205(1m)(a)
(a) By amendment of the articles of incorporation of the cooperative under
s. 185.51.
196.205(1m)(c)
(c) By a majority of the voting members of the board of directors of the cooperative.
196.205(2)
(2) Notwithstanding
sub. (1m), a telecommunications cooperative 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).
196.207
196.207
Telephone caller identification services. 196.207(1)(a)
(a) "Inbound wide-area telecommunications service" means a telecommunications service that allows a subscriber to the service to receive telephone calls from selected service areas at no charge to the person originating the telephone call.
196.207(1)(b)
(b) "Pay-per-call service" means a telecommunications service that permits simultaneous calling by a large number of callers to a single telephone number and for which the customer is assessed, on a per-call or a per-time-interval basis, a charge that is greater than or in addition to the charge for the transmission of the call. "Pay-per-call service" does not include a directory assistance or conference call service that is offered by a telecommunications utility and does not include a telecommunications service for which the customer charge is dependent on the existence of a presubscription relationship.
196.207(1)(c)
(c) "Telephone caller identification service" means a telecommunications service offered by a telecommunications utility that identifies a telephone line identification for an access line that is used by a person to originate a telephone call to a subscriber to the service.
196.207(1)(d)
(d) "Telephone line identification" means the number of or other information associated with an access line that can be used to identify the access line or the subscriber to the line.
196.207(2)
(2) Conditions for service. The commission may not approve a schedule or tariff that permits a telephone caller identification service to be offered in this state unless the schedule or tariff provides all of the following:
196.207(2)(a)
(a) For the 60-day period immediately preceding the first day on which a telephone caller identification service is operational in a geographical area, the telecommunications utility offering the service shall conduct an informational campaign to describe the telephone caller identification service to its access line customers within that area. The telecommunications utility informational campaign shall include all of the following information:
196.207(2)(a)1.
1. That the utility is offering telephone caller identification service and the date on which the service becomes operational.
196.207(2)(a)2.
2. That an access line customer may choose not to have the customer's telephone line identification identified to telephone caller identification service subscribers on an individual call basis without charge.
196.207(2)(a)3.
3. Other information on the telephone caller identification service that is specified by the commission.
196.207(2)(b)
(b) A calling telephone line identification shall be identified to a telephone caller identification service subscriber unless the calling access line customer chooses to have the customer's telephone line identification withheld from identification on an individual call basis or unless the customer installs customer premises equipment that withholds the customer's telephone line identification for all calls originating from the customer's access line.
196.207(2)(c)
(c) The telecommunications utility may not charge an access line customer for withholding the customer's telephone line identification from identification on an individual call basis.
196.207(2)(d)
(d) An access line customer subscribing to the telephone caller identification service is not prohibited from using customer premises equipment that prevents the subscriber from receiving a call for which the calling telephone line identification is not identified.
196.207(2)(e)
(e) An access line customer who is any of the following may choose to have the customer's telephone line identification withheld from identification without charge for all calls originating from the customer's access line:
196.207(2)(e)1.
1. A victim of domestic violence protected by a court order.
196.207(2)(e)3.
3. A battered women's shelter or other organization that provides a safe haven for victims of domestic violence.
196.207(2)(f)
(f) If the equipment is available, a telecommunications utility shall offer to access line customers in the geographical area in which telephone caller identification service is offered customer premises equipment produced by an authorized equipment manufacturer that permits a customer to withhold telephone line identification for all calls originating from the customer's access line and customer premises equipment produced by an authorized equipment manufacturer that prevents a telephone caller identification service subscriber from receiving a call for which the calling telephone line identification is not identified.
196.207(2g)
(2g) Blocking by business. The commission may prohibit business or commercial access line customers from withholding customer telephone line identifications from identification under any schedule or tariff that the commission approves.
196.207(2m)
(2m) Per line blocking. Under any schedule or tariff that the commission approves, the commission may require that a telecommunications utility that offers a telephone caller identification service to permit an access line customer to choose to withhold the customer's access line identification from identification for all calls originating from the customer's access line.
196.207(3)
(3) Exceptions. The commission may not approve a schedule or tariff under
sub. (2) if the schedule or tariff allows a customer to withhold the identity of a telephone line identification from any of the following:
196.207(3)(b)
(b) An identification service provided in connection with an inbound wide-area telecommunications service or a pay-per-call service, unless the commission determines that the telecommunications utility providing the inbound wide-area telecommunications service or the pay-per-call service has the capability to comply with
sub. (2) (b) or
(e) with regard to that service.
196.207(3)(c)
(c) A telephone caller identification service used for calls that are completed within a system that includes both the caller's telephone or other customer premises equipment and the call recipient's telephone or other customer premises equipment and are completed without being transmitted through a publicly switched network.
196.207(3)(f)
(f) A telecommunications utility, to identify the access line used to originate a call, for purposes of billing for that call.
196.207(4)
(4) Costs. Except for customer premises equipment offered under
sub. (2) (f), a telecommunications utility shall charge all costs for caller identification services provided under this section, including all costs related to the options and services provided to access line customers under
subs. (2) and
(2m), to telephone caller identification service subscribers.
196.207(6)(a)(a) A person who obtains an unpublished telephone line identification using a telephone caller identification service may not do any of the following without the written consent of the customer of the unpublished telephone line identification:
196.207(6)(a)1.
1. Disclose the unpublished telephone line identification to another person for purposes of resale or commercial gain.
196.207(6)(a)2.
2. Use the unpublished telephone line identification to solicit business.
196.207(6)(a)3.
3. Intentionally disclose the unpublished telephone line identification through a computer database, on-line bulletin board or other similar mechanism.
196.207(6)(b)1.1. A person, other than a corporation, who violates
par. (a) may be required to forfeit not more than $5,000. Each disclosure or use of an unpublished telephone line identification is a separate violation.
196.207(6)(b)2.
2. A corporation that violates
par. (a) may be required to forfeit not more than $50,000. Each disclosure or use of an unpublished telephone line identification is a separate violation.
