196.215(9)
(9) This section does not limit the commission's authority to regulate the capital structure of a small telecommunications utility.
196.216
196.216
Small telecommunications utilities as small businesses. A small telecommunications utility is a small business for the purposes of
s. 227.114.
196.216 History
History: 1985 a. 297;
1987 a. 403 s.
256.
196.217
196.217
Average toll rates. 196.217(1)(1)
Different rates restricted. A telecommunications utility may not charge different rates for residential basic message telecommunications service, business basic message telecommunications service, or single-line wide-area telecommunications service on routes of similar distances within this state, unless authorized by the commission. This subsection does not prohibit volume or term discounts, discounts in promotional offerings, differences in the rates for intralata and interlata services of similar distances, the provision of optional toll calling plans to selected exchanges or customers or the passing through of any state or local taxes in the specific geographic area from which the tax originates.
196.217(2)
(2) Toll services. Notwithstanding
sub. (1), a telecommunications utility may charge prices for toll services under contract that are unique to a particular customer or group of customers if differences in the cost of providing a service or a service element justify a different price for a particular customer or group of customers, or if market conditions require individual pricing.
196.217(3)
(3) Averaged rates. Notwithstanding
subs. (1) and
(2), an intralata toll provider shall offer all optional toll calling plans on a statewide basis at geographically averaged rates until the provider deploys intralata dial-1 presubscription, except that an optional toll call plan need not be offered where deployment of that offering would not be economically or technically feasible.
196.217 History
History: 1993 a. 496.
196.218
196.218
Universal service fund. 196.218(1)(bm)
(bm) "Local exchange service" means basic local exchange service or business access line and usage service.
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 following amounts:
196.218(3)(a)3.a.
a. The amount appropriated under
s. 20.155 (1) (q), except that in fiscal year 2003-04 the total amount of contributions in that fiscal year under this
subd. 3. a. may not exceed $5,000,000 and except that beginning in fiscal year 2004-05 the total amount of contributions in a fiscal year under this
subd. 3. a. may not exceed $6,000,000.
196.218(3)(a)3m.
3m. Contributions under this paragraph 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 is used for the purposes specified in
sub. (5) (a) 5. to
11.
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
par. (f) and
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. A telecommunications utility that adjusts local exchange service rates for the purpose of recovering all or any amount of that portion shall identify on customer bills a single amount that is the total amount of the adjustment. The public service commission shall provide telecommunications utilities the information necessary to identify such amounts on customer bills.
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, shall promulgate rules specifying the telecommunications services eligible for funding through the educational telecommunications access program under
s. 16.997.
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)5.
5. To pay costs incurred under contracts under
s. 16.971 (13) to
(16) to the extent that these costs are not paid under
s. 16.997 (2) (d), except that no moneys in the universal service fund may be used to pay installation costs that are necessary for a political subdivision to obtain access to bandwidth under a shared service agreement under
s. 16.997 (2r) (a).
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. 16.972 (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 department of administration to school districts and private schools under
s. 16.997 (6). This subdivision does not apply after December 31, 2005.
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, 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.
196.219
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).
