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
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;
2011 a. 260 s.
81.
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)
(2) 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 subsection does not apply to an extended community telephone service.
196.198(3)
(3) The commission may suspend the application of
sub. (2) 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) makes competition in that geographical area impractical.
196.198(3)(b)
(b) Suspending the application of
sub. (2) is beneficial to all of the following groups:
196.198 History
History: 1993 a. 496;
2011 a. 22.
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:
196.199(3)(c)2.
2. The allegations and other factual contentions in the filing have evidentiary support or, if specifically so identified in the filing, are likely to have evidentiary support after reasonable opportunity for further investigation or discovery.
196.199(3)(c)3.
3. The filing is not intended to harass a party to an interconnection agreement.
196.199(3)(c)4.
4. The filing is not intended to cause unnecessary delay in implementing an interconnection agreement or create a needless increase in the cost of litigation.
196.199(3)(d)
(d) If, at any time during a proceeding under this subsection, the commission determines, after notice and reasonable opportunity to be heard, that a person has made a filing in violation of
par. (c), the commission shall order the person to pay to any party to the proceeding the amount of reasonable expenses incurred by that party because of the filing, including reasonable attorney fees, and the commission may directly assess a forfeiture against the person of not less than $25 nor more than $5,000. A person against whom the commission assesses a forfeiture under this paragraph shall pay the forfeiture to the commission within 10 days after receipt of notice of the assessment or, if the person petitions for judicial review under
ch. 227, within 10 days after receipt of the final decision after exhaustion of judicial review. The commission shall remit all forfeitures paid under this paragraph to the secretary of administration for deposit in the school fund. The attorney general may bring an action in the name of the state to collect any forfeiture assessed by the commission under this paragraph that has not been paid as provided in this paragraph. The only contestable issue in such an action is whether or not the forfeiture has been paid.
196.199(3)(e)
(e) At any time during a proceeding under this subsection, the commission may, without holding a hearing, order a party to the interconnection agreement to take an action or refrain from taking an action that is related to complying with the agreement upon a showing by any other party to the proceeding of all of the following:
196.199(3)(e)1.
1. That there is a substantial probability that, at the conclusion of the proceeding, the commission will find that the party against whom the order is sought has failed to comply with the interconnection agreement.
196.199(3)(e)2.
2. For a complaint or petition filed by a party to an interconnection agreement, that the party against whom the order is sought is taking an action or failing to take an action that has a substantial adverse effect on the ability of the complaining or petitioning party to provide telecommunications service to its customers or potential customers.
196.199(3)(f)
(f) The commission may require a bond or other security of a person seeking an order under
par. (e) to the effect that the person shall pay the party against whom the order is issued such damages and expenses, excluding attorney fees, in an amount specified by the commission, as that party may sustain by reason of the order if the commission determines under
par. (g) that the person seeking the order was not entitled to the order.
196.199(3)(g)
(g) Within 5 business days after receiving an order issued under
par. (e), the party against whom the order is issued may request the commission to review the order. Within 30 days after receiving a request under this paragraph, the commission shall determine whether the person who sought the order under
par. (e) was entitled to the order and shall terminate, continue or modify the order on such terms as the commission determines are appropriate. If the commission determines that the person was not entitled to the order, the commission may order the person to pay the damages and expenses, excluding attorney fees, sustained, by reason of the order, by the party against whom the order was issued. In making a determination under this paragraph, the commission may consider only the factors specified in
par. (e) 1. to
3. and may consider information that the commission receives after the commission issued the order under
par. (e).
196.199(4)(a)1.1. If the commission issues an order under
sub. (3) (a) 2. a. in which the commission finds that a party to an interconnection agreement has failed to comply with the agreement, the party shall forfeit not more than $15,000 or, if the failure is willful, not more than $40,000, except that if the party is a holding company that provides access under an interconnection agreement to 50,000 or less access lines in this state through affiliates that are small telecommunications utilities, or if the party is a small telecommunications utility, the forfeiture under this subdivision shall be not more than $7,500. For purposes of this subdivision, each day that a party fails to comply with an interconnection agreement is a separate failure to comply.
196.199(4)(a)2.
2. The maximum forfeiture that may be imposed under
subd. 1. shall be trebled if either of the following conditions is satisfied and shall be sextupled if both of the following conditions are satisfied:
196.199(4)(a)2.a.
a. The party's failure to comply causes death or life-threatening or seriously debilitating injury.
196.199(4)(a)2.b.
b. The party's failure to comply continues after the party receives written notice of the commission's order requiring compliance with the interconnection agreement.
196.199(4)(a)3.
3. In addition to a forfeiture imposed under
subd. 1., a party to an interconnection agreement, approved by the commission, who has willfully failed to comply with the agreement shall forfeit an amount equal to not more than 2 times the gross value of the party's economic gain resulting from the failure to comply.
196.199(4)(b)
(b) A court shall consider each of the following in determining the amount of a forfeiture under
par. (a):
196.199(4)(b)1.
1. The appropriateness of the forfeiture to the volume of business of the party that failed to comply with the agreement.
196.199(4)(b)3.
3. Any good faith attempt to comply with the agreement after the party receives notice of a failure to comply.
196.199(4)(c)
(c) In an action to recover a forfeiture under
par. (a), a finding by the commission in a proceeding under this subsection that a party to an interconnection agreement has failed to comply with the agreement shall be, subject to review under
s. 227.52, conclusive proof that the party failed to comply with the agreement.
196.199 History
History: 1997 a. 218;
2003 a. 33.
196.199 Cross-reference
Cross-reference: See also ch.
PSC 179, Wis. adm. code.
196.20
196.20
Rules on service; changes in rates. 196.20(1)
(1) The rate schedules of any public utility shall include all rules applicable to the rendition or discontinuance of the service to which the rates specified in the schedules are applicable. No change may be made by any public utility in its schedules except by filing the change as proposed with the commission. No change in any public utility rule which purports to curtail the obligation or undertaking of service of the public utility shall be effective without the written approval of the commission after hearing, except that the commission, by emergency order, may make the rule, as filed, effective from the date of the order, pending final approval of the rule after hearing.
196.20(2)(a)(a) A proposed change which constitutes a decrease in rates shall be effective at the time specified in the change as filed but not earlier than 10 days after the date of filing the change with the commission, unless any of the following occurs:
196.20(2)(a)1.
1. During the 10-day period the commission, either upon complaint or upon its own motion, by order, suspends the operation of the proposed change.
196.20(2)(a)2.
2. The commission, upon application of any public utility, directs that a proposed reduction in rates be made effective less than 10 days after filing the proposed reduction.
196.20(2)(b)1.1. A suspension under
par. (a) 1. shall be effective for a period not exceeding 4 months, during which period the commission shall investigate any matter relative to the reasonableness or lawfulness of any change in schedule as filed. After the investigation the commission, by order, shall approve or disapprove the change, except as provided under
subd. 2. The commission shall give the public utility proposing the change an opportunity for hearing prior to issuing any order disapproving a change. If the commission disapproves the change, the change shall be ineffective.
196.20(2)(b)2.
2. If the commission orders a suspension under
par. (a) 1., the commission, after notice to the public utility of its objections to the change and after giving the public utility an opportunity to be heard on the objections, may prescribe a schedule which, revised on the basis of the objections, the commission finds to be lawful and reasonable instead of disapproving the schedule under
subd. 1.
196.20(2m)
(2m) Except as provided under
s. 196.193, no change in schedules which constitutes an increase in rates to consumers may be made except by order of the commission, after an investigation and opportunity for hearing.
196.20(4)(a)1.
1. "Automatic adjustment clause" means a provision included in the rate schedule of an electric public utility after investigation, notice and hearing which permits the electric public utility to recover in rates, without prior hearing and order of the commission, an increase in costs incurred by the electric public utility.
196.20(4)(a)2.
2. "Electric public utility" means a public utility whose purpose is the generation, transmission, delivery or furnishing of electric power but does not include a public utility owned and operated wholly by a municipality or cooperative and does not include any public utility which purchases, under federal or state approved wholesale rates, more than 50% of its electric power requirements from other than an affiliated interest as defined under
s. 196.52. "Electric public utility" does not include any Class A utility, as defined under
s. 199.03 (4), whose electric generation equipment has a total capacity of less than 30 megawatts.
196.20(4)(b)
(b) An electric public utility may not recover in rates any increase in cost, including fuel, by means of the operation of an automatic adjustment clause.
196.20(4)(c)1.1. If an electric public utility has an approved fuel cost plan, the commission shall defer any under-collection or over-collection of fuel costs that are outside of the utility's symmetrical fuel cost annual tolerance, as established by the commission, for subsequent rate recovery or refund.
196.20(4)(c)2.
2. The commission may commence a proceeding to adjust rates for an electric public utility outside of a general rate case proceeding if the utility's actual fuel costs are outside of the utility's fuel cost annual tolerance, as established by the commission.
196.20(4)(c)3.
3. Approval of a fuel cost plan and any rate adjustment for deferred fuel costs or refund of over-collected fuel costs shall be determined by the commission after opportunity for hearing.
196.20(4)(d)
(d) The commission shall promulgate a rule to implement this subsection.
