196.20(7)(c)2.
2. If the commission receives a mitigation payment agreement before June 10, 2003, and does not determine that the agreement is unreasonable before November 11, 2003, mitigation payments in accordance with the terms of the agreement shall be recoverable in rates, notwithstanding any subsequent limitations imposed by the commission on the mitigation payments.
196.20 Annotation
A utility's expanded adjustment clause violated the requirement of public hearings prior to rate increases under sub. (2) [now sub. (2m)]. Wisconsin Environmental Decade, Inc. v. PSC,
81 Wis. 2d 344,
260 N.W.2d 712.
196.20 Annotation
The inclusion of nuclear fuel in an adjustment clause did not violate sub. (2) [now sub. (2m)]. Wisconsin Environmental Decade, Inc. v. PSC,
105 Wis. 2d 457,
313 N.W.2d 863 (Ct. App. 1981).
196.20 Annotation
Sub. (2m) requires a utility to charge only those rates that have been filed with the PSC in conformity with applicable statutes. Filed rates are those rates filed in compliance with applicable statutes, including those under sub. (2m) for changes in schedules that increase rates. CenturyTel of the Midwest-Kendall, Inc. v. PSC, 2002 WI App 236,
257 Wis. 2d 837,
653 N.W.2d 130,
02-0053.
196.20 Annotation
Utility rate increases granted under automatic fuel adjustment clauses, without hearing, probably would not be illegal if the clauses were limited to purchased fuel or power. 70 Atty. Gen. 108.
196.201
196.201
Regulation of private shared telecommunications systems. 196.201(1)(1)
Definition. In this section, "private shared telecommunications system" means plant or equipment used to provide telecommunications service through privately owned customer premises equipment to a user group located in a discrete premises, such as in a building complex or a large multitenant building, or used to provide telecommunications service where the cost of service is shared among 2 or more persons who are not affiliated interests under
s. 196.52, and where the plant or equipment is not used to offer telecommunications service for sale directly or indirectly to the general public.
196.201(2)
(2) Request for access. At the request of any person who receives telecommunications service from a private shared telecommunications system, or at the request of a telecommunications utility or telecommunications carrier seeking to provide telecommunications service requested by any such person, the owner or manager of the private shared telecommunications system shall make facilities or conduit space available to any telecommunications utility or telecommunications carrier for the purpose of providing telecommunications service.
196.201(3)
(3) Commission may order. If the commission finds that the owner or manager of a private shared telecommunications system has failed to comply with a request under
sub. (2), it may order the owner or manager to make facilities or conduit space available to any telecommunications utility or telecommunications carrier making a request under
sub. (2) at reasonable prices and on reasonable terms and conditions, under the procedures of
s. 196.04.
196.201 History
History: 1985 a. 297;
1993 a. 491,
496.
196.202
196.202
Exemption of commercial mobile radio service providers. 196.202(2)(2)
Scope of regulation. A commercial mobile radio service provider is not subject to
ch. 201 or this chapter, except as provided in
sub. (5), and except that a commercial mobile radio service provider is subject to
s. 196.218 (3) if the commission promulgates rules that designate commercial mobile radio service providers as eligible to receive universal service funding under both the federal and state universal service fund programs. If the commission promulgates such rules, a commercial mobile radio service provider shall respond, subject to the protection of the commercial mobile radio service provider's competitive information, to all reasonable requests for information about its operations in this state from the commission necessary to administer the universal service fund.
196.202(5)
(5) Billing. A commercial mobile radio service provider may not charge a customer for an incomplete call.
196.202 Cross-reference
Cross Reference: See also chs.
PSC 170 and
172, Wis. adm. code.
196.203
196.203
Exemption of alternative telecommunications utilities. 196.203(1)(1) Alternative telecommunications utilities are exempt from all provisions of
ch. 201 and this chapter, except as provided in this section and except that an alternative telecommunications utility that is a local government telecommunications utility, as defined in
s. 196.204 (5) (ag) 1., is subject to
s. 196.204 (5).
196.203(1m)
(1m) Any person claiming to be a cable telecommunications service provider under this section shall annually file with the commission any information required by the commission to determine the gross income of the person which is derived from the operation of a cable television system.
196.203(2)
(2) No person may commence providing service as an alternative telecommunications utility unless the person petitions for and the commission issues a determination that the person is an alternative telecommunications utility. The commission shall maintain information on authorized alternative telecommunications utilities and on applicants for alternative telecommunications utility status and make that information available to any person, upon request.
196.203(3)(a)(a) In response to a petition from any interested person, or upon its own motion, the commission shall determine whether the public interest requires that any provision of
ch. 201 or this chapter be imposed on a person providing or proposing to provide service as an alternative telecommunications utility in a relevant market. In making this determination, the commission may consider factors including the quality of service, customer complaints, concerns about the effect on customers of local exchange telecommunications utilities and the extent to which similar services are available from alternative sources.
196.203(3)(b)
(b) The commission may not deny a petition filed under
par. (a) by a provider of cable television service for alternative telecommunications utility status in a particular geographical area as not being in the public interest if basic local exchange service is provided in the same geographical area by any of the following:
196.203(3)(b)1.
1. A telecommunications utility with more than 50,000 access lines in use in this state.
196.203(3)(b)2.
2. Subject to
par. (c), a telecommunications utility with 50,000 or less access lines in use in this state which also provides cable television service in that geographical area, if provision of cable television service began after September 1, 1994.
196.203(3)(c)
(c) Paragraph (b) 2. shall not apply if the telecommunications utility's provision of cable television service is limited to the provision of satellite cable programming, as defined in
s. 943.47 (1) (b).
196.203(3)(d)
(d) Section 196.50 (1) (b) applies to an alternative telecommunications utility except for a provider of cable television service.
196.203(3)(e)1.1. If a provider of cable television service files a petition under
par. (a) for alternative telecommunications status to offer local exchange service, as defined in
s. 196.50 (1) (b) 1., in a geographical area served by a telecommunications utility with less than 50,000 access lines in use in this state on September 1, 1994, or at any time thereafter, the commission may not deny the petition as not being in the public interest and shall do any of the following:
196.203(3)(e)1.a.
a. Eliminate the telecommunications utility's obligation to be the provider of last resort.
196.203(3)(e)1.b.
b. Allocate universal service fund moneys available under
s. 196.218 (5) (a) 1. to the telecommunications utility to offset the obligation to be the provider of last resort under a formula that reimburses the telecommunications utility for 90% of the difference calculated by subtracting 110% of the weighted average basic single-party residential monthly rate for all telecommunications utilities in this state from the eligible telecommunications utility's average basic single-party residential rate and for 90% of the difference calculated by subtracting 110% of the weighted average single line business access line monthly rate for all telecommunications utilities in this state from the eligible telecommunications utility's single line business access line monthly rate.
196.203(3)(e)2.
2. The commission may not increase regulation of a telecommunications utility eligible for funds under
subd. 1. b. in implementing this paragraph.
196.203(3)(e)3.
3. Subdivision 1. does not apply after September 1, 1998, but a telecommunications utility eligible for funds under
subd. 1. b. remains eligible for universal service fund funding after that date to offset its obligation to be the provider of last resort.
196.203(4)
(4) The commission may impose any provision of
ch. 201 or this chapter on one or more, but not necessarily all, alternative telecommunications utilities providing service in a relevant market.
196.203(5)
(5) The commission may establish a reasonable fee schedule and may assess an alternative telecommunications utility to cover the cost of making a determination under this section.
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 or the articles of organization of the association under
s. 193.221.
196.205(1m)(c)
(c) By a majority of the voting members of the board of directors of the cooperative or association.
196.205(2)
(2) Notwithstanding
sub. (1m), a telecommunications cooperative or an unincorporated telecommunications cooperative association 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).
