PSC 168.05(1)(d)(d) Own, operate, manage, or control, in Wisconsin, transmission facilities, including wire, cable, fiber optics, or radio, and associated electronics, whose cost basis, including capital leases as defined by generally accepted accounting principles, does not exceed $400,000. The requirements of this paragraph shall be determined for the reseller as of the date of its application for certification and as of December 31 of each calendar year, based upon responses to annual commission questionnaires filed under s. 168.12.

PSC 168.05(2)(2) Upon a petition from a reseller, or the commission’s own motion, the commission may, after investigation, notice and opportunity for hearing, exempt the reseller from sub. (1) (d), or reclassify the reseller as another type of telecommunications provider. When considering exempting or reclassifying a reseller, the commission may grant an exemption or order reclassification, with or without conditions to protect the public interest, based on the facts of the situation and any other information supplied by the provider.

PSC 168.05(3)(3) Nothing in this section authorizes a telecommunications reseller to provide facilities-based local exchange services, as defined in s. 196.219 (1) (b), Stats., in municipalities served by small telecommunications utilities having 150,000 or fewer access lines in service in this state and for which certification in compliance with ss. 196.203, 196.499 (16), or 196.50 (2), Stats., is required.

PSC 168.05 HistoryHistory: Cr. Register, November, 1997, No. 503, eff. 12-1-97; CR 13-025: am. (1) (d), (3) Register January 2014 No. 697, eff. 2-1-14; correction in (1) (c) made under s. 13.92 (4) (b) 7., Stats., Register January 2014 No. 697.

PSC 168.06(1)(1) A telecommunications provider that must be certified as a telecommunications reseller under this chapter may not resell intrastate telecommunications services in Wisconsin without receiving and maintaining certification as provided in this chapter. If a telecommunications provider fails to obtain or maintain certification as a telecommunications reseller as required under this chapter, the provider’s arrangements, contracts, and billings for resold intrastate telecommunications services rendered in Wisconsin without proper certification, are void.

PSC 168.06(2)(2) A telecommunications reseller seeking certification as an alternative telecommunications utility reseller shall file a petition with the commission containing the following information:

PSC 168.06(2)(b)(b) A list of marketing, trade or other names under which the reseller intends to conduct business.

PSC 168.06(2)(c)(c) The name, title, telephone number and facsimile numbers of a responsible contact person for the company.

PSC 168.06(2)(d)(d) An affidavit, signed by a corporate officer authorized to bind petitioner, that demonstrates that petitioner does not own, operate, manage or control, directly or indirectly, transmission facilities that are technologically capable of providing telecommunications service within Wisconsin and whose cost basis exceeds the limits specified in s. PSC 168.05 (1) (d).

PSC 168.06(2)(e)(e) If the petitioner is part of a holding company system, the names of all system affiliates and a description of the nature of their affiliations with the petitioner in the holding company system.

PSC 168.06(2)(f)(f) As appropriate, a copy of a Wisconsin certificate of incorporation or a certificate from the department of financial institutions authorizing the petitioner to transact business in Wisconsin, and petitioner’s state tax number.

PSC 168.06(2)(g)(g) Identification of the services and activities under s. PSC 168.05 (1) for which certification is requested. A petition may include a request for exemption under s. PSC 168.05 (2).

PSC 168.06(2)(h)(h) An affidavit, signed by a corporate officer authorized to bind petitioner, that verifies that all information provided in the petition is true and correct to the best of the officer’s knowledge or belief, and that the officer understands the commission’s requirement that each year, in order to continue certification in Wisconsin, an annual report must be timely filed and any required fee must be paid.

PSC 168.06(3)(3) An original of the petition, and such number of copies as the commission may order, shall be filed with the secretary of the commission.

PSC 168.06(4)(4) A fee for processing shall accompany a petition. A petition without the accompanying fee will not be accepted for filing and will be returned. The commission may determine by order the amount of the fee and the permissible form or forms of fee payment, which may include use of certified check, cashier’s check or money order and shall be made payable to the public service commission of Wisconsin. The amount of the fee will not be returned to the petitioner if the petition is ultimately rejected by the commission.

PSC 168.06(5)(a)(a) On receipt of a reseller’s completed petition for certification and fee, the commission shall review the petition and conduct such additional investigation, including hearing, as may be appropriate. Upon concluding its investigation, the commission may certify the petitioner, with or without conditions, as an alternative telecommunications utility reseller, unless the commission determines that grant of the petition is not in the public interest.

PSC 168.06 NoteNote: The current fee is $250, payable in any type of check or by money order. Cash is not acceptable.

PSC 168.06(5)(b)(b) If a reseller is seeking recertification after a prior certification under this chapter expired or was revoked by the commission and it had operated in Wisconsin without certification, the commission may consider the following factors in determining any repayment, refund, or credit respecting the reseller’s void arrangements, contracts, and billings under sub. (1):

PSC 168.06(5)(b)2.2. The cooperation of the reseller in resolving past deficiencies in conjunction with the application for re-certification.

PSC 168.06(5)(b)3.3. The past conduct of the reseller during the period in which it operated without valid certification under this chapter.

PSC 168.06(5)(b)4.4. The number and type of prior and pending consumer complaints against the reseller based upon violations of this chapter or regulations of any other governmental unit.