CR 13-068 Rule Text

PUBLIC SERVICE COMMISSION OF WISCONSIN

Review of Universal Service Fund Rules   1-AC-236

Clearinghouse Rule 13-068

ORDER ADOPTING FINAL RULES

The Public Service Commission of Wisconsin adopts an order to repeal PSC 160.02 (4g), (4m ), and (8) 160.031, 160.035, 160.04 (5) and (6), 160.05 (1) (h) to (j) and (L), 160.05 (1) (o) and (r) and (4), 160.062 (1), (2), (5) and (6), 160.071 (1) (d), (2) and (3), 160.073, 160.09 (8), 160.091, 160.092 (4), 160.10, 160.11, 160.14, 160.15, 160.18 (10) and 161.05 (4); to renumber PSC 160.02 (1g), (1m), (3), (5) and (9) to (11), 160.05 (1) (s), 160.071 (1) (b) (intro.) 2., 3., (m) and 160.115 (6) (c); to renumber and amend 160.01 (5), 160.02 (2), (6) to (8), (12) and (13), 160.03 (1), 160.04 (1), 160.06 (1), (4) and (5), 160.062 (3), 160.07 (title), (1) and (2), 160.071 (1) (title), (a), (b) 1., 4. to 6., (c), (e) to (L), (n), (6) (b), 160.09 (1), 160.092 (1), 160.125 (2) (c) 1., and 160.18 (9) (b); to amend 160.01 (1), (2) (b) and (4), 160.05 (intro.), (1) (intro.), (a), (c), (d), (n), (p), (2) and (3), 160.06 (2) and (3), 160.062 (7), 160.063 (1) to (4), 160.071 (title), (4) to (6), 160.08, 160.09 (2), (4) to (7) and (9), 160.092 (2) and (3), 160.115 (1) (a), (b) 1. and 2., (2) (intro.), (b), (c), (3), (4) (a), (5) (intro.), (b), (c) and (g), (6) (a) (intro.), 4., (b) and (6), 160.125 (1) (title), (a), (b), (e), (2) (a) and (b), (c) 2., 3., 5. and (d) to (f), 160.16 (1) and (2), 160.17 (1) (c), (2) and (4), 160.18 (4), (6), and (9) (a), 160.181, 160.19 (1), and (2) and (4) (b); repeal and re-create 160.03 (2), 160.04 (title) and (2) to (4), 160.06 (5), 160.061, 160.062 (4), 160.09 (3), and 160.13; and create PSC 160.01 (5) (a) to (c), 160.02 (2) to (4) and (6), (9), (11) to (16), (18), (21), (22), (25), (26), (28), and (31), 160.03 (1), 160.04 (1) (a) 1. to 5., (b) and (c), 160.05 (1) (s) and (t) and (6) to (12), 160.06 (1) (b), (c), and (4) (a), 160.062 (1) to (2r), (3) (title) and (b), (5), (6), (7) (title) and (8), 160.063 (3m), 160.071 (1m) (a), and (L) 2. and 3., (6) (b), (6m) (b) and (c) and (7), 160.09 (1), (1r), 160.092 (1) (intro.), and (b) and (c), 160.115 (6) (c), 160.125 (2) (c) 1. and 160.18 (9) (b) 2. and 3., regarding the provisions and administration of the universal service fund.

REPORT TO THE LEGISLATURE

  The Report to the Legislature is set forth as Attachment A.

FISCAL ESTIMATE

  The Economic Impact Analysis for this rulemaking is included as Attachment A2.

FINAL REGULATORY FLEXIBILITY ANALYSIS

  Existing Universal Service Fund (USF) rules may have an effect on small telecommunications utilities, which are small businesses under s. 196.216, Stats., for the purposes of s. 227.114, Stats. These small telecommunications utilities, like other telecommunications providers (both large and small), may have obligations under the USF, including an obligation for payments to the USF.

  These rules should have no significant impact on small businesses. The commission already has established, in s. PSC 160.18(1), an exemption from fund assessments to protect entry by and continued operation of small telecommunications providers as directed by statutory objectives. In s. PSC 160.01(2)(b), the existing rules allow the commission to give individual consideration to unusual situations and to adopt different requirements for particular telecommunications providers. Small businesses can request that the commission provide an exception to a rule requirement. Finally, Eligible Telecommunications Carrier status, which is the trigger for most USF obligations, is voluntary.

EFFECTIVE DATE

  These rules shall take effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats.

CONTACT PERSON

  Questions regarding this matter, including small business questions, should be directed to Jeff Richter, USF Director, at [phone] or [e-mail]. Media questions should be directed to Elise Nelson, Communications Director at [phone]. Hearing or speech‑impaired individuals may also use the commission’s TTY number, if calling from Wisconsin (800) 251‑8345, if calling from outside Wisconsin [phone].

  The commission does not discriminate on the basis of disability in the provision of programs, services, or employment. Any person with a disability who needs accommodations to participate in this proceeding or who needs to obtain this document in a different format should contact the docket coordinator listed above.

REPORT TO THE LEGISLATURE

A.   TEXT OF THE RULE

The text of the rule is included as Attachment A1.

B.   PLAIN LANGUAGE ANALYSIS

1.   Statutory Authority and Explanation of Authority

This rulemaking is authorized under ss. 196.02 (1) and (3), 196.218 (5) (b) and (5m), and 227.11(2), Stats.

Section 227.11 authorizes agencies to promulgate administrative rules. Section 196.02 (1) authorizes the commission to do all things necessary and convenient to its jurisdiction. Section 196.02 (3) grants the commission specific authority to promulgate rules. Sections 196.218 (5) (b) and (5m) authorize the commission’s creation and revision of these specific rules.

  Statutes Interpreted

  This rule interprets s. 196.218, Stats.

  Related Statutes or Rules

  None.

2.   Brief Summary of Proposed Rules

The objective of this rulemaking is to revise the existing chapter PSC 160, Universal Service Support Funding and Programs. These rules were originally created in 1996, and then revised in 2000. Minor changes are also made to ch. PSC 161. In the proposed rule, the commission revises existing Universal Service programs that provide access to telecommunications service to all Wisconsin customers regardless of geographic location, income or disability. In this same chapter are revisions to the mechanism for funding those programs and for administering the Universal Service Fund (USF).

Any changes made as a result of this rulemaking are intended to continue and enhance support for these general purposes stated in the statutes.

A prior USF rulemaking was withdrawn by act of law on December 31, 2010. That draft of the rules included several issues that were contentious, and time for promulgation expired. This rulemaking is primarily intended to promulgate those portions of the previously proposed rules that are less contentious, such as program-specific updates. While these proposed rules were being drafted, changes occurred on both the state and federal levels that required additional revisions to these rules. For example, 2011 Wisconsin Act 22 changed the statutory definition of “essential telecommunications services.” Additionally, the federal Lifeline and Link-up programs were changed dramatically. As a result, these proposed rules were also crafted to make changes necessitated by state and federal law changes.

PSC 160.02 (2), (3) and (4)

These are definitions of call blocking, call control and call limitation. The changes provide consistency with applicable federal language and usage.

PSC 160.02 (9), (12), (14) and (22)

The commission now recognizes three different types of eligible telecommunications carrier (ETC). A definition of each type has been added.

PSC 160.03

This section on essential telecommunications services has been extensively rewritten to reflect changes made by 2011 Wisconsin Act 22. The prior requirements for and definition of essential services have been replaced with those in the federal law, as required by 2015 Wisconsin Act 55.