196.196(5)(b)5.
5. For a telecommunications utility with more than 500,000 access lines in use in this state at the time of electing to become price regulated, a level of planned investment in an amount of not less than $700,000,000 within the first 5 years of the plan.
196.196(5)(c)1.1. A telecommunications utility shall provide the commission, within one year after its election to become price regulated under
sub. (1) and annually thereafter, a progress report relating to the telecommunications utility's investment in and deployment of infrastructure enhancements. A progress report shall include data relative to the telecommunications utility's operating and financial performance during the relevant period.
196.196(5)(c)2.
2. The commission shall consider the telecommunications utility's progress in meeting its investment plan infrastructure commitments when making penalty or incentive adjustments under
sub. (1) (c).
196.196(5)(d)1.1. Within 120 days after a telecommunications utility elects to become price regulated under
sub. (1), the commission, after notice and opportunity for hearing, may rescind the election if the telecommunications utility fails to file an investment plan within the time specified in
par. (a) or if the investment plan does not comply with
par. (b). If a hearing is held, the time within which the commission may act may be extended an additional 30 days.
196.196(5)(d)2.
2. If the commission orders a recision, the commission shall reinstate the level of regulation in effect at the time that the election was made and the telecommunications utility shall rescind any rate increases put into effect when the telecommunications utility operated as a price-regulated utility.
196.196(5)(e)
(e) Within 120 days after the completion of the first year and of the 2nd year that a telecommunications utility is price-regulated, the commission may reduce rates charged by the price-regulated telecommunications utility for services subject to price regulation by up to 2%. If a hearing is held, the time within which the commission may act may be extended an additional 30 days. The commission may reduce rates under this paragraph if, after notice and opportunity for hearing, the commission finds any of the following:
196.196(5)(e)1.
1. That the telecommunications utility did not file a progress report within the time specified in
par. (c) 1.
196.196(5)(e)2.
2. That the progress report filed by the telecommunications utility does not contain sufficient information to permit the commission to adequately monitor the telecommunications utility's investment and deployment of infrastructure described in its investment plan.
196.196(5)(e)3.
3. That the actual or planned investment described in the progress report does not adequately provide for deployment of advanced infrastructure technologies, fails to exceed routine facility upgrades necessary to maintain service quality or fails to meet goals identified in the investment plan.
196.196(5)(f)1.1. Before January 1,
1996, and biennially thereafter, the commission shall submit a report to the joint committee on information policy and technology describing the status of investments in advanced telecommunications infrastructure in this state. The report shall include information on the progress made in all of the following areas:
196.196(5)(f)1.a.
a. Distance learning, including the number of schools and other educational institutions connected to distance learning networks.
196.196(5)(f)1.b.
b. Interconnection of libraries, including the number of libraries with video conferencing and network access capabilities.
196.196(5)(f)1.d.
d. Education, health care and employment opportunities for the disabled and other persons in the home.
196.196(5)(f)2.
2. The commission shall include in the report under
subd. 1. recommendations for improving the progress of investments in advanced telecommunications infrastructure.
196.196 Cross-reference
Cross Reference: See also chs.
PSC 163 and
165, Wis. adm. code.
196.196 Annotation
The definition of "new telecommunications services" in s. 196.19 (1m) (a) applies to sub. (3) (a). Section 196.19 (1m) only addresses the creation of "new telecommunications services." Sub. (3) address their regulation by allowing a company to change rates for existing "new telecommunications services" with only limited tariff and customer notice requirements. By incorporating s. 196.19 (1m) into sub. (3) (a), a complete regulatory scheme is established. Wisconsin Bell, Inc. v. PSC, 2004 WI App 223,
277 Wis. 2d 729,
691 N.W.2d 697,
03-2235.
196.197
196.197
Unbundled network elements. 196.197(1)
(1)
Applicability. This section applies to a petition to determine rates and costs of unbundled network elements or unbundled service elements under federal or state law, but does not apply to a petition for arbitration.
196.197(2)(a)(a) A telecommunications provider may file a petition with the commission in the form and containing the information required by the commission. The commission shall determine that a petition is complete if the petition includes all of the following:
196.197(2)(a)1.
1. A request that the commission determine rates and costs of unbundled network elements or unbundled service elements, an identification of the particular rates and costs that are the subject of the petition, and an identification of the relief sought by the petitioner.
196.197(2)(a)2.
2. One or more cost studies upon which the petitioner relies to support the rates and costs sought by the petitioner.
196.197(2)(a)3.
3. Prefiled written direct testimony upon which the petitioner relies to support the petition and relief sought.
196.197(2)(b)1.1. No later than 30 days after the date on which a petition is filed under
par. (a), the commission shall determine whether a petition is complete under
par. (a) and notify the petitioner about the determination. If the commission fails to make a determination within the 30-day period, the petition is considered to be complete. If the commission determines that a petition filed under
par. (a) is incomplete, the commission shall state the reason for the determination and identify the information that is needed to determine that the petition is complete.
196.197(2)(b)2.
2. A petitioner may supplement a petition that the commission has determined to be incomplete. No later than 15 days after a petitioner files a supplemented petition under this subdivision, the commission shall determine whether the supplemented petition is complete and notify the petitioner about the determination. The commission shall determine that a supplemented petition is complete if it contains the information identified in the determination under
subd. 1. that is needed to determine that the petition is complete. If the commission fails to make a determination under this subdivision within the 15-day period, the petition is considered to be complete. If the commission determines that a petition supplemented under this subdivision is not complete pursuant to this subdivision, the commission shall state the reason for the determination under this subdivision and identify the information that is needed to determine that the petition is complete under this subdivision. There is no limit on the number of times that a petitioner may supplement a petition under this subdivision.
196.197(2)(c)
(c) A petitioner shall provide a copy of a petition filed under
par. (a) or supplemented under
par. (b) 2. to any other telecommunications provider that may be affected by the petition at the same time that the petition is filed or supplemented. A telecommunications provider that may be affected by the petition may respond to the petition and provide the commission any additional information.
196.197(3)(a)1.1. This paragraph applies to petitions to determine 100 or less rates.
196.197(3)(a)2.
2. The commission shall enter a final decision under
sub. (4) on a petition within 180 days after the date on which the petition is determined or considered to be complete under
sub. (2) (b), unless an extension is agreed to under under
subd. 3. or granted under
subd. 4.
196.197(3)(a)3.
3. With the approval of the commission, the petitioner may, within the 180-day period specified in
subd. 2., agree to extend the time for a final decision.
196.197(3)(a)4.
4. The commission may, within the 180-day period specified in
subd. 2. or within any extension approved under
subd. 3., petition the circuit court for Dane County for an extension of time for entering a final decision on the petition. Within the 180-day period specified in
subd. 2. or within any extension approved under
subd. 3., the court may, upon a showing of good cause, grant an extension of not more than an additional 60 days. No more than one extension may be granted under this subdivision.
196.197(3)(b)1.1. This paragraph applies to petitions to determine more than 100 rates.
196.197(3)(b)2.
2. The commission shall enter a final decision under
sub. (4) on a petition within 270 days after the date on which the petition is determined or considered to be complete under
sub. (2) (b), unless an extension is agreed to under under
subd. 3. or granted under
subd. 4.
196.197(3)(b)3.
3. With the approval of the commission, the petitioner may, within the 270-day period specified in
subd. 2., agree to extend the time for a final decision.
196.197(3)(b)4.
4. The commission may, within the 270-day period specified in
subd. 2. or within any extension approved under
subd. 3., petition the circuit court for Dane County for an extension of time for entering a final decision on the petition. Within the 270-day period specified in
subd. 2. or within any extension approved under
subd. 3., the court may, upon a showing of good cause, grant an extension of not more than an additional 90 days. No more than one extension may be granted under this subdivision.
196.197(4)
(4) Final decision. The commission may reject a petition, grant a petition, or approve a petition with modifications or conditions. The commission shall issue a final decision that determines rates for the unbundled network elements and unbundled service elements specified in the petition, except to the extent that the evidence in the record is not sufficient for making such a determination with respect to a particular rate, unbundled network element, or unbundled service element.
196.197 History
History: 2003 a. 125.
196.198
196.198
Local measured telecommunications service. 196.198(1)(1) In this section, "extended community telephone service" means a telecommunications service by which a customer in one exchange may call a customer in another exchange or combination of exchanges under a discounted toll charge plan.
196.198(2)(a)(a) Except as provided in
sub. (3), a telecommunications utility that has more than 150,000 access lines in use in this state or a telecommunications provider that has more than 150,000 access lines in use in this state may not charge a residential customer for basic local exchange service based on the duration of a call or on the time of day that a call is made. This paragraph does not apply to an extended community telephone service.
196.198(2)(b)
(b) Paragraph (a) does not prohibit a price-regulated telecommunications utility from offering discounts based on the time of day that a call is made if the price-regulated telecommunications utility also offers basic local exchange service at a rate permitted under
s. 196.196 (1).
196.198(3)
(3) The commission may suspend the application of
sub. (2) (a) in a particular geographical area for a telecommunications utility or a telecommunications provider if, after a contested case hearing, the commission determines that all of the following apply:
196.198(3)(a)
(a) Failure to suspend the application of
sub. (2) (a) makes competition in that geographical area impractical.
196.198(3)(b)
(b) Suspending the application of
sub. (2) (a) is beneficial to all of the following groups:
196.198 History
History: 1993 a. 496.
196.199
196.199
Interconnection agreements. 196.199(1)
(1)
Definition. In this section, "interconnection agreement" does not include an interconnection agreement to which a commercial mobile radio service provider is a party.
196.199(2)(a)(a) The commission has jurisdiction to approve and enforce interconnection agreements and may do all things necessary and convenient to its jurisdiction.
196.199(2)(b)
(b) The commission may promulgate rules that require an interconnection agreement to include alternate dispute resolution provisions.
196.199(2)(c)
(c) The commission shall promulgate rules that specify the requirements for determining under
sub. (3) (a) 1m. a. whether a party's alleged failure to comply with an interconnection agreement has a significant adverse effect on the ability of another party to the agreement to provide telecommunications service to its customers or potential customers.
196.199(3)(a)1.1. Upon the filing of any of the following, the commission may investigate whether a party to an interconnection agreement approved by the commission has failed to comply with the agreement:
196.199(3)(a)1.a.
a. A complaint by a party to the agreement that another party to the agreement has failed to comply with the agreement and that the failure to comply with the agreement has a significant adverse effect on the ability of the complaining party to provide telecommunications service to its customers or potential customers.
196.199(3)(a)1.b.
b. A complaint filed under any provision of this chapter by any person that the commission determines may involve a failure to comply with the agreement by a party to the agreement.
196.199(3)(a)1g.
1g. The commission may investigate whether a party to an interconnection agreement approved by the commission has complied with the agreement upon the filing of a petition by the party for a determination of whether the party has complied with the agreement if the petition demonstrates that a controversy has arisen over the party's compliance with the agreement. If the commission initiates an investigation under this subdivision, the commission may determine that a party to an interconnection agreement has failed to comply with the agreement only if a complaint is filed under
subd. 1. a. in which the complaining party alleges that the party's failure to comply with the agreement has a significant adverse affect on the complaining party's ability to provide telecommunications service to its customers or potential customers.
196.199(3)(a)1m.a.a. Within 5 business days after the filing of a complaint under
subd. 1. a. or the receipt of notice under
par. (b) 1. b., the party who is the subject of a complaint or the party who is identified in a notice under
par. (b) 1. b. as a party who has allegedly failed to comply with an agreement may request that the commission determine whether the alleged failure to comply has a significant adverse effect on the ability of the complaining party or any other party to the agreement to provide telecommunications service to its customers or potential customers. If a request is made under this
subd. 1m. a., the commission shall make a determination within 30 business days after receipt of the request.
196.199(3)(a)1m.b.
b. If the commission determines under
subd. 1m. a. that an alleged failure to comply has not had a significant adverse effect on the ability of a complaining party or any other party to an agreement to provide telecommunications service to its customers or potential customers, the commission shall terminate a proceeding on the complaint under this subsection and proceed on the complaint under
s. 196.26.
196.199(3)(a)2.
2. If the commission does not terminate a proceeding under
subd. 1m. b., the commission may, after an investigation under
subd. 1. or
1g. and after notice and hearing, do one of the following:
196.199(3)(a)2.a.
a. Issue an order under this
subd. 2. a. that includes a finding of a failure to comply with an interconnection agreement and that requires compliance with the agreement.
196.199(3)(a)2.b.
b. Issue an order that interprets any provision of an interconnection agreement.
196.199(3)(a)2.c.
c. If the commission determines that a party specified in
subd. 1g. has complied with an agreement, issue an order requiring any other action that the commission determines is necessary to resolve a controversy specified in
subd. 1g.
196.199(3)(a)2n.
2n. The commission may not issue an order under
subd. 2. more than 120 days after the filing of a complaint or petition under
subd. 1. or
1g., unless all of the parties to the proceeding consent to a longer time period that is approved by the commission. An order issued under
subd. 2. may be reviewed under
s. 227.52.
196.199(3)(b)1.1. Before initiating an investigation of a complaint specified in
par. (a) 1. b., the commission shall notify the parties to the agreement about the complaint. Within 5 business days after the parties receive notice under this subdivision, or within a shorter period of time specified by the commission in the notice, the commission shall do one of the following:
196.199(3)(b)1.a.
a. If the alleged failure to comply is resolved to the satisfaction of the commission, the commission shall dismiss the complaint with respect to any issues that involve an alleged failure to comply.
196.199(3)(b)1.b.
b. If the alleged failure to comply is not resolved to the satisfaction of the commission, the commission shall provide a notice to the parties that identifies the party who has allegedly failed to comply with the agreement.
196.199(3)(b)2.
2. No party to an interconnection agreement may file a complaint under
par. (a) 1. a. or a petition under
par. (a) 1g. unless the party has first notified the other parties to the agreement and provided an opportunity to resolve the alleged failure to comply or controversy over compliance to the satisfaction of the complaining or petitioning party within 5 business days, or a shorter period of time approved by the commission, after receipt of the notice. The commission shall promulgate rules establishing standards and procedures for approving a period of time shorter than 5 business days.
196.199(3)(c)
(c) No person may make any filing in a proceeding under this subsection unless there is a nonfrivolous basis for doing so. A person may not make any filing in a proceeding under this subsection unless, to the best of the person's knowledge, information and belief, formed after a reasonable inquiry, all of the following conditions are satisfied:
