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.
196.205
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).
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.
196.208
196.208
Telecommunications pay-per-call and toll-free services. 196.208(1)(a)
(a) "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.
196.208(1)(b)
(b) "Provider" means a person who furnishes, conducts or offers a pay-per-call service or who holds himself or herself out as engaged in the business of furnishing, conducting or offering a pay-per-call service.
196.208(1)(c)
(c) "Toll-free service vendor" means a person who sells goods or services using a telecommunications service that allows calls to be made to a specific location at no charge to the calling party.
196.208(2)(a)1.1. Except as provided in
subd. 2., a provider shall begin a pay-per-call service with a clear and express preamble that states the cost of the call. The preamble shall disclose all per-call charges. If the call is billed on a usage-sensitive basis, the preamble shall state all rates, by minute or other unit of time, any minimum charges and the total cost for a call to that service if the duration of the call may be determined.
196.208(2)(a)2.
2. A provider is not required to begin a pay-per-call service with a preamble if the service is charged at a flat rate that does not exceed $2.
196.208(2)(b)
(b) A preamble shall include the name of the provider and an accurate description of the information, product or service that the caller will receive.
196.208(2)(c)
(c) A preamble shall inform the caller that billing will commence only after a specific identified event following the preamble, such as an audible signal tone.
196.208(2)(d)
(d) If the pay-per-call service is associated with, aimed at or likely to be of interest to an individual under the age of 18, the preamble shall include a statement that the caller should hang up unless the caller has parental permission.
196.208(2)(e)
(e) A provider may offer a caller a means to bypass the preamble on subsequent calls to the pay-per-call service, if the caller is in sole control of that bypass capability. If a provider includes preamble bypass instructions, the instructions shall be given at the end of the preamble or at the end of the pay-per-call service. A provider shall disable preamble bypass capability for 30 days following the date of an increase in any charge for the pay-per-call service.
196.208(2)(f)
(f) If a provider complies with federal requirements that specifically apply to a preamble on a pay-per-call service, that compliance shall be considered to be compliance with this subsection.
196.208(3)
(3) Billing commencement. If a preamble is required, a provider shall give a caller a reasonable opportunity to disconnect the call before the specific event identified under
sub. (2) (c) that signals the commencement of billing.
196.208(4)
(4) Solicitation requirements. If a provider includes an offer of goods or services within the pay-per-call service, all of the following apply:
196.208(4)(a)
(a) The provider shall disclose all conditions, restrictions and charges associated with the offer of goods and services during the initial communication with the caller.
196.208(4)(b)
(b) The provider may not make any assertion, representation or statement of fact that is false, deceptive or misleading.
196.208(5)(a)(a) If a delayed billing period is required under
sub. (3), a provider may not charge for usage of the pay-per-call service if the caller ends the usage before the specific event identified under
sub. (2) (c) and, if the call is billed on a usage-sensitive basis, may not charge for the time that elapses before the specific event identified under
sub. (2) (c) occurs.
196.208(5)(b)
(b) A provider may not charge for time that a caller is placed on hold.
196.208(5p)
(5p) Toll-free calls answered by prisoners. 196.208(5p)(b)
(b) If a prisoner is employed directly or indirectly by a charitable organization or toll-free service vendor to answer calls made to the charitable organization or toll-free service vendor, the prisoner shall do all of the following immediately upon answering a call:
196.208(5p)(b)3.
3. Inform the calling party of the name of the correctional or detention facility in which he or she is a prisoner and the city and state in which the facility is located.
196.208(5p)(c)
(c) A charitable organization or toll-free service vendor that directly or indirectly employs a prisoner shall provide reasonable supervision of the prisoner to assure the prisoner's compliance with
par. (b).
196.208(5t)
(5t) Toll-free service. A toll-free service vendor may not do any of the following:
196.208(5t)(a)
(a) Impose a charge on the calling party or the customer responsible for the access line from which the call is placed for calling the toll-free service vendor.
196.208(5t)(b)
(b) Transfer the calling party to a pay-per-call service.
196.208(5t)(c)
(c) Charge the calling party for information provided during the call, unless the calling party has a presubscription relationship with the toll-free service vendor or unless the caller discloses a credit card account number during the call.
196.208(6)
(6) Advertising and sales practices. A person shall do all of the following:
196.208(6)(a)
(a) In any advertisement for a pay-per-call service, clearly and conspicuously disclose the name of the provider and the identity and cost of any goods or services offered for sale.
196.208(6)(b)
(b) In any advertisement for a pay-per-call service, clearly and conspicuously disclose all conditions, restrictions and charges associated with the receipt of goods or services that are represented to be a gift, prize or incentive for using a pay-per-call service.
196.208(6)(c)
(c) Not make any assertion, representation or statement that is false, deceptive or misleading in an offer or sale of a pay-per-call service.
