196.50(2)(e)1.1. Pending the determination on an application for a certificate of authority or an amended certificate of authority, the commission may issue, without notice and hearing, a temporary license for a period not to exceed one year. The issuance of a temporary license does not bind the commission in the final determination on the application.
196.50(2)(e)2.
2. An application for a certificate of authority or amended certificate of authority that is filed after June 30, 1994, shall identify the geographical area to be served and the classification for which it is filed. The application shall be served by the applicant on all affected telecommunications providers.
196.50(2)(f)
(f) The commission shall issue a certificate of authority or an amended certificate of authority if it finds, after notice and opportunity for hearing, that the applicant possesses sufficient technical, financial and managerial resources to provide telecommunications service to any person within the identified geographic area. In making this determination, the commission shall consider the factors identified in
s. 196.03 (6).
196.50(2)(g)1.1. The authority of every telecommunications utility with a certificate under this subsection is statewide and nonexclusive. The existence of or issuance of a certificate of authority or amended certificate of authority to any telecommunications utility and the approval of any tariff for the telecommunications utility shall not preclude the commission from authorizing additional telecommunications utilities to provide the same or equivalent service or to serve the same geographical area as any previously authorized utility or approved tariff.
196.50(2)(g)2.
2. A telecommunications utility's obligation to serve is defined by the map that the utility files under
par. (b).
196.50(2)(i)
(i) A telecommunications utility certified under this subsection is exempt from
ss. 196.02 (2) and
(6),
196.05,
196.06,
196.07,
196.08,
196.09,
196.10,
196.12,
196.13,
196.16,
196.18,
196.19,
196.20,
196.219 (3) (c),
(e),
(g), and
(L),
(4d),
(4m), and
(5),
196.24,
196.395 (1),
196.49,
196.52,
196.58,
196.60,
196.64,
196.72,
196.78, and
196.79 and, except with respect to wholesale telecommunications service, is exempt from
s. 196.219 (4).
196.50(2)(j)1.1. A telecommunications utility certified under this subsection may do any of the following:
196.50(2)(j)1.a.
a. Provide notice to the commission to terminate the certification under this subsection and certify the telecommunications utility as an alternative telecommunications utility under
s. 196.203. No later than 30 days after receiving notice under this
subd. 1. a., the commission shall issue an order granting a certification under
s. 196.203. The granting of such certification shall operate to terminate the certification under this subsection. All regulatory requirements in or related to the certification under this subsection that are inconsistent with the requirements of or regulation allowed under
s. 196.203, including all such requirements imposed by the certification and all such requirements imposed by the commission, whether by statute or commission rule or order, on the telecommunications utility are terminated on the effective date of the order, unless the telecommunications utility, in its notice to the commission seeking certification under
s. 196.203, requests to remain subject to one or more requirements of its prior certification under this subsection that do not violate the telecommunications utility's requirements or obligations under this chapter and the commission does not deny the request in its order pursuant to this
subd. 1. a. granting certification under
s. 196.203.
196.50(2)(j)1.b.
b. Provide notice to the commission to recertify the telecommunications utility under this subsection and impose on the telecommunications utility only those provisions of this chapter specified in this
subd. 1. b. No later than 30 days after receiving notice under this
subd. 1. b., the commission shall issue an order that grants recertification under this subsection and that imposes on the telecommunications utility only those provisions of this chapter specified in this
subd. 1. b. The telecommunications utility shall be exempt from all provisions of this chapter, except
ss. 196.01,
196.016,
196.025 (6),
196.191,
196.206,
196.212,
196.219 (2r), and
196.503; and except those provisions in
s. 196.203 (4m) (a) that are imposed on all alternative telecommunications utilities under
s. 196.203 (3); and except, with respect to its wholesale telecommunications services only,
ss. 196.03 (1) and
(6),
196.219 (4),
196.28, and
196.37. If required by the public interest, the commission may, with respect only to intrastate switched access services, impose on the telecommunications utility
s. 196.03 (1) and
(6) and
196.37, except that the commission may not impose
s. 196.03 (1) or
(6) without also imposing
s. 196.37 on the telecommunications utility. The granting of the recertification shall operate to terminate the telecommunications utility's prior certification. All regulatory requirements related to the prior certification that are inconsistent with the requirements of or regulation allowed under this
subd. 1. b., including all such requirements imposed by the certification, and all such requirements imposed by the commission, whether by statute or commission rule or order, on the telecommunications utility are terminated on the effective date of the order unless the telecommunications utility, in its notice to the commission seeking recertification under this
subd. 1. b., requests to remain subject to one or more requirements of its prior certification that do not violate the telecommunications utility's requirements or obligations under this chapter and the commission does not deny the request in its recertification order.
196.50(2)(j)2.
2. Issuance of a commission order under
subd. 1. shall operate as a limited waiver of the telecommunications utility's right to an exemption under
47 USC 251 (f) (1), which shall apply only to all of the following:
196.50(2)(j)3.
3. Issuance of a commission order under
subd. 1. shall operate as a limited waiver of the telecommunications utility's right to petition the commission for suspension or modification under
47 USC 251 (f) (2), which shall apply only to all of the following:
196.50(3)
(3) Second utility. Any certificate, permit, license or franchise issued to a public utility, other than a telecommunications utility, which contains any term interfering with the existence of a 2nd public utility, other than a telecommunications utility, is amended to permit any municipality to grant a franchise for the operation of the 2nd public utility.
196.50(4)
(4) Municipality restrained. No municipality may construct any public utility if there is in operation under an indeterminate permit in the municipality a public utility engaged in similar service other than a telecommunications service, unless it secures from the commission a declaration, after a public hearing of all parties interested, that public convenience and necessity require the municipal public utility.
196.50(5)
(5) Injunction. Pending investigation and finding by the commission as to whether public convenience and necessity require a 2nd public utility, the furnishing of any public utility service, other than a telecommunications service, in any municipality contrary to the provisions of this section may be enjoined at the suit of the state or of any public utility having an interest in the issue.
196.50(6)
(6) No denial on federal financing. No certificate of convenience and necessity or permit to any public utility under
ss. 196.49 and
196.50 shall be denied because of the amount of the public utility's notes, bonds or other evidences of indebtedness issued to the United States in connection with loans to rural telecommunications utilities made under the rural electrification act of 1936,
7 USC 901 to
950aaa-5, as amended, or by reason of the ratio of such indebtedness to the value of the public utility's property or to its other classes of securities.
196.50(7)(a)(a) This subsection applies to any telecommunications utility that is restricted under federal law or under any consent decree approved by a federal district court.
196.50(7)(b)
(b) Upon application by a telecommunications utility subject to this subsection for a certificate to provide interlata services, the commission shall consider all of the following factors in determining whether to grant a certificate of authority:
196.50(7)(b)1.
1. Whether granting the certificate is in the public interest.
196.50(7)(b)2.
2. Whether the utility will provide interconnection to its local exchange network under reasonable terms and conditions.
196.50(7)(b)3.
3. Whether the utility will permit appropriate resale and sharing of its services.
196.50(7)(b)4.
4. Whether the utility will provide unbundled services under reasonable terms and conditions.
196.50(7)(b)6.
6. Whether competition in the interlata marketplace will be enhanced or hindered by granting the certificate.
196.50(7)(c)
(c) The commission may impose terms and conditions upon the grant of a certificate under
par. (b) that are necessary to protect the public interest and promote competition.
196.50(7)(d)
(d) The commission, after providing notice and opportunity for hearing, shall issue its decision on the application within 180 days after the filing. The time period may be extended upon agreement of the commission and the applicant.
196.50(7)(e)
(e) An applicant may not be authorized to provide interlata service before the availability of dial-1 presubscription on an intralata basis in all of its exchanges except where it is technically infeasible to offer intralata dial-1 presubscription due to the action or inaction of a switch vendor.
196.50 Cross-reference
Cross-reference: For division of service between competing utilities, see s.
197.01 (4).
196.503
196.503
Telecommunications provider of last-resort obligations. 196.503(1)(1)
Definitions. In this section, “basic voice service" means the provision to residential customers of 2-way voice communication within a local calling area. “Basic voice service" includes extended community calling and extended area service. “Basic voice service" does not include the offering of Internet access service or any discretionary or optional services that are provided to a residential customer, even if provided in a bundle or package with basic voice service.
196.503(2)
(2) Incumbent local exchange carrier obligations. 196.503(2)(a)(a) Notwithstanding any other provision in this chapter, and except as provided in
sub. (3), an incumbent local exchange carrier shall make basic voice service available to all residential customers within a local exchange area in which it operates as an incumbent local exchange carrier.
196.503(2)(b)
(b) An incumbent local exchange carrier may satisfy its obligations under
par. (a) through an affiliate and through the use of any available technology or mode.
196.503(3)(a)(a) An incumbent local exchange carrier may apply to the commission for a waiver from compliance with
sub. (2) (a) in a local exchange area.
196.503(3)(b)
(b) The commission shall grant a waiver requested under
par. (a) for a local exchange area if any of the following is satisfied:
196.503(3)(b)1.
1. The commission finds that the incumbent local exchange carrier demonstrates that the waiver is in the public interest or that effective competition exists for basic voice service in the local exchange.
196.503(3)(b)2.
2. The commission has made a previous finding of effective competition under s.
196.195 (2), 2009 stats., for basic local exchange service in the local exchange. The commission may not grant a waiver under this subdivision until after June 1, 2012.
196.503(3)(c)
(c) The commission's review of a waiver requested under
par. (a) shall be strictly limited to determining whether any of the criteria specified in
par. (b) 1. or
2. is satisfied.
196.503(3)(d)1.1. Within 120 days of the filing of a waiver request based on
par. (b) 1., the commission shall grant or deny the request and, if denied, the commission shall issue a written decision identifying the reasons for its denial. If the commission fails to grant or deny the waiver request within 120 days of its filing, the waiver request is considered granted by operation of law.
196.503(3)(d)2.
2. The commission shall grant a waiver based on
par. (b) 2. as soon as the commission verifies that the commission has previously made the finding specified in
par. (b) 2., but no later than 20 days after the filing of the waiver request. If the commission fails to grant a waiver request based on
par. (b) 2. within 20 days of its filing, the waiver request is considered granted by operation of law. If the commission denies a waiver based on
par. (b) 2., the commission shall issue a written decision identifying the reasons for its denial.
196.503(4)(a)(a) Notwithstanding any other provision of this chapter, a commission decision prior to June 9, 2011, eliminating an incumbent local exchange carrier's provider of last-resort obligations, by operation of law or otherwise, remains in force and in effect as to the elimination of those obligations.
196.503(4)(b)
(b) Except to enforce this section, nothing in this section provides the commission with any authority to regulate, or any jurisdiction over, incumbent local exchange carriers and the rates, terms, and conditions of their services that the commission does not otherwise have under this chapter.
196.503(5)
(5) Sunset. This section does not apply after April 30, 2013.
196.503 History
History: 2011 a. 22.
196.504
196.504
Broadband expansion grant program; Broadband Forward! community certification. 196.504(1)(a)
(a) “Eligible applicant" means any of the following:
196.504(1)(a)1.
1. An organization operated for profit or not for profit, including a cooperative.
196.504(1)(a)3.
3. A political subdivision that submits an application in partnership with an eligible applicant under
subd. 1. or
2.
196.504(1)(ae)
(ae) “Political subdivision" means a city, village, town, or county.
196.504(1)(am)
(am) “Scalable" means, with respect to a project for a broadband network, that the broadband network has the ability to maintain the quality of its service while increasing parameters relating to the size of the network, such as the number of users, the number of network nodes, the number of services provided, or the network's geographic spread.
196.504(1)(b)
(b) “Underserved" means served by fewer than 2 broadband service providers.
196.504(2)
(2) The commission shall administer the broadband expansion program and shall have the following powers:
196.504(2)(a)
(a) To make broadband expansion grants to eligible applicants for the purpose of constructing broadband infrastructure in underserved areas designated under
par. (d). Grants awarded under this section shall be paid from the appropriation under
s. 20.155 (3) (r). In each fiscal year, the total amount of the grants may not exceed $1,500,000.
196.504(2)(b)
(b) To prescribe the form, nature, and extent of the information that shall be contained in an application for a grant under this section. The application shall require the applicant to identify the area of the state that will be affected by the proposed project and explain how the proposed project will increase broadband access.
196.504(2)(c)
(c) To establish criteria for evaluating applications and awarding grants under this section. The criteria shall prohibit grants that have the effect of subsidizing the expenses of a provider of telecommunications service, as defined in
s. 182.017 (1g) (cq), or the monthly bills of customers of those providers. The criteria shall give priority to projects that include matching funds, that involve public-private partnerships, that affect areas with no broadband service providers, that are scalable, that promote economic development, or that affect a large geographic area or a large number of underserved individuals or communities.
196.504(2)(d)
(d) To designate areas of the state that are underserved as underserved areas.
196.504(3)
(3) The commission shall encourage the development of broadband infrastructure in underserved areas of the state and do all of the following:
196.504(3)(a)
(a) Provide comprehensive information concerning permits required for broadband network projects and related business activities in the state and make this information available to any person.
196.504(3)(b)
(b) Work with other state and local government offices, departments, and administrative entities to encourage timely and efficient issuance of permits and resolution of related issues.
196.504(3)(c)
(c) Encourage local and federal government agencies to coordinate activities related to approving applications and issuing permits related to broadband network projects.
196.504(4)
(4) A political subdivision may apply to the commission for certification as a Broadband Forward! community. The commission shall prescribe the form and manner for making an application. The commission shall prescribe a process for public notice and comment on an application for a period of at least 30 days after the application is received, except that the process does not apply to an application by a political subdivision that enacts a model ordinance developed under
sub. (9) (a) or submits a written statement under
sub. (9) (b). The commission shall approve an application and certify a political subdivision as a Broadband Forward! community if the commission determines that the political subdivision has enacted an ordinance that complies with
sub. (5). If the process for public notice and comment applies to an application, the commission shall, before approving the application, consider any public comments made regarding the application.
196.504(5)
(5) A political subdivision may not be certified as a Broadband Forward! community under
sub. (4) unless the political subdivision enacts an ordinance for reviewing applications and issuing permits related to broadband network projects that provides for all of the following:
196.504(5)(a)
(a) Appointing a single point of contact for all matters related to a broadband network project.
196.504(5)(b)
(b) Requiring the political subdivision to determine whether an application is complete and notifying the applicant about the determination in writing within 10 days of receiving the application.
196.504(5)(c)
(c) If the political subdivision does not believe that an application is complete, requiring the written notification under
par. (b) to specify in detail the required information that is incomplete.
196.504(5)(d)
(d) If the political subdivision does not make the written notification required under
par. (b), requiring the political subdivision to consider an application to be complete.
196.504(5)(e)
(e) Allowing an applicant to resubmit an application as often as necessary until the application is complete.
196.504(5)(f)
(f) Within 60 days of receiving an application that is complete, requiring the political subdivision to approve or deny the application and provide the applicant written notification of the approval or denial.
196.504(5)(g)
(g) If the political subdivision denies an application, requiring the political subdivision to include in the written notification under
par. (f) evidence that the denial is not arbitrary and capricious.
196.504(5)(h)
(h) Requiring that an application is considered approved and any required permit is issued if the political subdivision does not provide the written notification under
par. (f).
196.504(5)(i)
(i) Providing that any fee imposed by the political subdivision to review an application, issue a permit, or perform any other activity related to a broadband network project is reasonable.
196.504(5)(k)
(k) Allowing all forms, applications, and documentation related to a broadband network project to be filed and signed by electronic or another means authorized by the commission.
196.504(6)
(6) A political subdivision that the commission has certified as a Broadband Forward! community under
sub. (4) may not do any of the following:
196.504(6)(a)
(a) Require an applicant to designate a final contractor to complete a broadband network project.
196.504(6)(b)
(b) Impose an unreasonable fee to review an application or issue a permit for a broadband network project application. Any application fee that exceeds $100 is considered unreasonable.
196.504(6)(c)
(c) Impose a moratorium of any kind on the approval of applications and issuance of permits for broadband network projects or on construction related to broadband network projects.
