PSC 160.125 Note
Note: As of April 2015, s.
196.218 (5) (a) 1., Stats., reads in pertinent part:
PSC 160.125 Note
(5) Uses of the fund. (a) The commission shall require that moneys in the universal service fund be used only for any of the following purposes:
PSC 160.125 Note
1. To assist customers located in areas of this state that have relatively high costs of telecommunications services, low-income customers and disabled customers in obtaining affordable access to a basic set of essential telecommunications services.
PSC 160.125(2)(b)
(b) Any non-profit group may apply for universal service funding to fund any portion of a program or project or both. Funding shall be granted on a state fiscal year basis, but funding for more than one fiscal year may be approved at one time. The commission shall issue a list of approved programs or projects, or both, when grants are awarded. All applications become public documents upon filing.
PSC 160.125(2)(c)3.
3. A description of the program or project proposed, including a description of how the public need described in subd.
1m. may be met through affordable access to telecommunications.
PSC 160.125(2)(c)4.
4. A showing that the proposed program or project meets the described public need in a least cost manner. This requirement can be met by showing that the applicant carried out an appropriate request for proposals.
PSC 160.125(2)(c)5.
5. Identification of the providers of each portion of the telecommunications services or equipment and a specific description of the components of the program or project including all of the following:
PSC 160.125(2)(c)5.a.
a. The costs of telecommunications services and telecommunications equipment used by the program or project.
PSC 160.125(2)(c)5.b.
b. The cost of training for those who are served by the program or project so that they can use the services.
PSC 160.125(2)(d)
(d) The commission shall evaluate all complete and timely applications submitted. In evaluating the applications the commission shall consider information including all of the following:
PSC 160.125(2)(d)2.
2. The extent to which other programs or projects, either funded under this section or otherwise under this chapter, meet that need.
PSC 160.125(2)(e)
(e) The universal service fund shall reimburse applicants for up to 75% of the cost of reimbursable portions of the program or project, or both. The reimbursable costs include those listed in par.
(c) 5. a. to
d. The applicant may include in-kind goods or services, or both, as resources to be used for the remainder of the costs of the program or project, or both.
PSC 160.125(2)(f)
(f) The commission shall determine the programs or projects, or both, to be funded and the amount of reimbursement for each program or project. The commission may grant a maximum of $500,000 in funding under this subsection per state fiscal year, or $1,000,000 per state biennium.
PSC 160.125 History
History:
Cr.
Register, April, 1996, No. 484, eff. 5-1-96; renum. from 160.063 (title), (1), (2), (3) and (4) to be 160.125 (1) (title), renum. (1) to (4) to be (1) (a), (b), (d) and (e), cr. (1) (c) and (2),
Register, April, 2000, No. 532, eff. 5-1-00; corrections in (2) (a), (c) 2. made under s.
13.92 (4) (b) 7., Stats.,
Register February 2013 No. 686;
CR 13-068: am. (1) (title), (a), (b), (e), (2) (a), (b), renum. (2) (c) 1. to (2) (c) 1m. and am., cr. (2) (c) 1., am. (2) (c) 2., 3., 5. (intro.), a. to d., (d) (intro.), 1., 2., (e), (f)
Register January 2016 No. 721, eff. 2-1-16; correction under s.
35.17, Stats., in (2) (c) 1.
Register January 2016 No. 721.
PSC 160.13
PSC 160.13
Designation of eligible telecommunications carriers. PSC 160.13(1)(a)(a) The commission may designate a telecommunications provider as an eligible telecommunications carrier. This designation is not transferable.
PSC 160.13(1)(b)
(b) The commission may suspend or revoke an ETC designation if the designee violates the requirements in this section.
PSC 160.13(2)(a)(a) A full or low-income ETC, but not a federal-only ETC, is eligible to receive universal service funding for an area, under both applicable federal and state universal service programs, if it meets all of the following requirements:
PSC 160.13(2)(a)1.
1. Holds itself ready to offer all elements of essential telecommunications service, as defined in s.
PSC 160.03 (2), to all customers in the area for which it is requesting ETC status.
PSC 160.13(2)(a)2.
2. Regularly advertises its service in the area for which it is requesting ETC status, with the advertisements meeting all of the following requirements:
PSC 160.13(2)(a)2.a.
a. Are disseminated in media of general distribution in the area, at least 2 times per year.
PSC 160.13(2)(a)3.
3. Offers lifeline service, as defined in s.
PSC 160.062, wherever service is offered in the area for which it is requesting ETC status, and publicizes the availability of those offerings in a manner reasonably designed to reach those likely to qualify for them.
PSC 160.13(2)(b)
(b) An applicant for federal-only ETC designation under s.
196.218 (4) (b), Stats., is required to meet all of the applicable federal eligibility requirements in
47 CFR 54.201 and
54.202, and any state requirements or processes that federal law requires ETCs to follow.
PSC 160.13 Note
Note: For example, federal ETC regulations require all providers to follow some provisions of state law, such as use of state lifeline eligibility verification databases.
PSC 160.13(3)
(3) Application for new or expanded ETC status. Application for new or expanded ETC status. An applicant for new or expanded eligible telecommunications carrier status shall demonstrate its ability to meet the requirements under sub.
(2) by including all of the following information in its application:
PSC 160.13(3)(b)
(b) A demonstration of how the applicant meets the requirement of
47 USC 214 (e) (1) (A). This shall be demonstrated in one of the following ways:
PSC 160.13(3)(b)1.
1. An explanation of how the applicant will use its own facilities, or a combination of its own facilities and resale, to provide voice telecommunications service to a Wisconsin customer.
PSC 160.13(3)(b)2.
2. An electronic link to or copy of the federal communications commission order approving the applicant's compliance plan, and an electronic link to the approved compliance plan.
PSC 160.13 Note
Note: A provider may apply for ETC designation before its compliance plan is approved by the Federal Communications Commission, but the commission will not act on the application until the plan is approved.
PSC 160.13(3)(c)1.
1. A copy of the applicant's 5 year plan, and associated documentation, as required by
47 CFR 54.202 (a) (1) ii., including certification that it will use any federal high cost support monies for the purposes allowed under
47 USC 254 (e) and
47 CFR 54.313 (a) and 54.314 (a).
PSC 160.13(3)(c)2.
2. A certified statement that the applicant will not seek high cost assistance funding from the federal universal service fund or high rate assistance funding from the state universal service fund.
PSC 160.13(3)(e)
(e) A list of all of the exchanges or wire centers, or both, for which ETC status is sought and identification of any wire center for which status is sought for only a portion of the wire center.
PSC 160.13(3)(f)
(f) The applicant's name, any other name under which the applicant does business, the applicant's commission utility identification number and proof of registration with the department of financial institutions.
PSC 160.13(3)(g)
(g) The applicant's contact information for each of the following:
PSC 160.13(3)(g)3.
3. Customers to use to contact the applicant directly about customer issues.
PSC 160.13(4)
(4) ETC reporting. All eligible telecommunications carriers shall submit to the commission, within 14 days of the associated federal filing date, all of the following:
PSC 160.13(4)(a)
(a) For full ETCs that are eligible for high cost assistance, all of the following:
PSC 160.13(4)(a)2.
2. Any information necessary for the commission to certify that the ETC has this year, and will next year, use its high cost assistance monies for the purposes allowed under
47 USC 254 (e) and
47 CFR 54.313 (a) and 54.314 (a).
PSC 160.13(4)(a)3.
3. Any other information that federal regulations require such ETCs to provide to state commissions.
PSC 160.13(4)(b)2.
2. Any other information that federal regulations require such ETCs to provide to state commissions.
PSC 160.13(4)(c)
(c) For all ETCs, all of the following within 14 days of the occurrence:
PSC 160.13(4)(c)2.
2. Any other information that federal regulations require ETCs to provide to state commissions.
PSC 160.13 Note
Note: Some of the information required under this section can be provided to the commission by submitting copies of filings with the FCC.
PSC 160.13(5)(a)(a) The area in which a provider shall be designated as an eligible telecommunications carrier shall be one of the following:
PSC 160.13(5)(a)1.
1. If requesting ETC designation for an area that is served by an incumbent local exchange provider that is not a rural telephone company, one of the following:
PSC 160.13(5)(a)1.a.
a. For a full ETC applicant, one or more of the incumbent local exchange service provider's wire centers.
PSC 160.13(5)(a)1.b.
b. For a low-income ETC applicant, the area designated by the applicant and approved by the commission.
PSC 160.13(5)(a)2.
2. If requesting ETC designation for an area that is served by an incumbent local exchange service provider that is a rural telephone company, one of the following:
PSC 160.13(5)(a)2.a.
a. Except as provided in subd.
2. b., the incumbent local exchange service provider's entire service territory.
PSC 160.13(5)(a)2.b.
b. If the federal communications commission has granted a provider forbearance from the requirement that its designated area match the boundaries of a rural incumbent local exchange carrier's service territory, the area designated by the applicant and approved by the commission.
PSC 160.13(5)(b)
(b) Notwithstanding any other provision in this subsection, unless approved by the commission and, if necessary, the federal communications commission, no ETC designation area may include only a portion of a wire center.
PSC 160.13(6)(a)(a) The commission may only designate an additional eligible telecommunications carrier in an area where one has already been designated after finding that doing so is in the public interest. For an area served by an incumbent local exchange service provider that is not a rural telephone company, the commission may perform a less detailed public interest analysis than if the area is served by an incumbent local exchange service provider that is a rural telephone company.
PSC 160.13(6)(b)
(b) In its public interest analysis under par.
(a), the commission shall include consideration of all of the following:
PSC 160.13(7)
(7) List of ETCs. The commission shall maintain a list of the eligible telecommunications carriers for all areas of the state.
PSC 160.13(8)(a)
(a) An eligible telecommunications carrier may relinquish that designation for an area by notifying the commission and the administrators of both the state and federal universal service funds, in writing, of its intention.
PSC 160.13(8)(b)
(b) If at least one other ETC is designated for that area, the relinquishing ETC shall be relieved of ETC status for that area, without commission action, on the later of 14 days after commission receipt of the notification or the effective date proposed by the provider.
PSC 160.13(8)(c)
(c) If no other ETC is designated for that area, the relinquishing ETC shall remain as the ETC for that area until the commission designates an alternative ETC. In that case, the commission shall notify the relinquishing, ETC and the administrators of the state and federal funds, that ETC status is still in effect. The commission may use an auction or other reasonable process to designate a new ETC for an area for which the only existing ETC is seeking to relinquish that status. The commission may authorize compensation from the universal service fund as part of this process.
PSC 160.13(8)(d)
(d) A provider may continue to furnish services in an area for which it has relinquished ETC status. If a provider seeks to abandon facilities or discontinue any service, it shall notify affected customers and follow any abandonment or discontinuance procedures required by the commission, Wisconsin department of agriculture, trade and consumer protection or the federal communications commission.
PSC 160.13(8)(e)
(e) A federal-only eligible telecommunications carrier that is no longer eligible for that designation because it is no longer a wireless provider or because it wants to access state USF support may apply for a new ETC designation. The ETC's federal-only ETC status remains in effect while the commission investigates and acts on the ETC's new application.
