Chapter PSC 160

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)(d) (d) A copy of any certifications, information and demonstrations required under 47 CFR 54.201 and 54.202.

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)1. 1. Commission inquiries about financial or assessment issues.

PSC 160.13(3)(g)2. 2. Commission inquiries about customer issues.

PSC 160.13(3)(g)3. 3. Customers to use to contact the applicant directly about customer issues.

PSC 160.13(3)(g)4. 4. Potential customers to use to obtain service from the applicant.

PSC 160.13(3)(h) (h) A statement that the applicant will timely update the information in pars. (f) and (g).

PSC 160.13(3)(i) (i) Any other information the commission considers necessary.

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)1. 1. All of the information required under 47 CFR 54.313.

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) (b) For all full and low-income ETCs, all of the following:

PSC 160.13(4)(b)1. 1. The information required under 47 CFR 54.422.

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)1. 1. Updates to all of the information in sub. (3) (g) and (h).

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) (5) Area covered by ETC designation.

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) (6) Designation of multiple ETCs in an area .

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(6)(b)1. 1. The factors in s. 196.03 (6), Stats.

PSC 160.13(6)(b)2. 2. The potential for cream-skimming.

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) (8) Relinquishing ETC designation.

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.

PSC 160.13 History History: Cr. Register, April, 1996, No. 484, eff. 5-1-96; r. and recr. Register, April, 2000, No. 532, eff. 5-1-00; CR 13-068: r. and recr. Register January 2016 No. 721, eff. 2-1-16; correction in (3) (c) 1., (4) (a) 2., (c) 1., (5) (a) 2. a. made under under s. 35.17, Stats. Register January 2016 No. 721, eff. 2-1-16.

PSC 160.16 PSC 160.16 Fund administrator.

PSC 160.16(1) (1) The commission shall designate the fund administrator and provide for an annual independent audit of the fund. The commission shall establish guidelines for administration and assignment of liabilities.

PSC 160.16(2) (2) The fund administrator may propose a change or modification to the mechanisms of administration of the fund. The commission may approve the request without hearing.

PSC 160.16(3) (3) The universal service fund shall compensate the administrator for the administrator’s costs of administering the fund as approved by the commission.

PSC 160.16 History History: Cr. Register, April, 1996, No. 484, eff. 5-1-96; reprinted to restore dropped copy, Register, May, 1996, No. 485; r. (3) to (5), renum. (6) to be (3), Register, April, 2000, No. 532, eff. 5-1-00; CR 13-068: am. (1), (2) Register January 2016 No. 721, eff. 2-1-16.

PSC 160.17 PSC 160.17 Fund budget and assessment rates.

PSC 160.17(1) (1) At least annually, the commission shall set the budget for fund administration and the programs specified in s. PSC 160.05 (1). The commission may make adjustments to the budget as needed to address unforeseen circumstances. Adjustments may include:

PSC 160.17(1)(a) (a) Reallocating the budget among programs.

PSC 160.17(1)(b) (b) Modifying the support formulas or benefits within a program.

PSC 160.17(1)(c) (c) Deferring support payment decisions to a later period.

PSC 160.17(2) (2) At least annually, the commission, in consultation with the appropriate agencies, shall determine the amounts necessary for funding the payments specified in s. PSC 160.05 (2), (3), and (5) to (8).

PSC 160.17(3) (3) Based on the need for funds under subs. (1) and (2) and s. 196.218 (5) (a) 6., Stats., and subject to the appropriation amounts in ch. 20, Stats., the commission shall determine the assessment rates to apply to providers. The commission may modify the assessment rates at any time based on changes in funding needs or provider revenues subject to assessment.

PSC 160.17(4) (4) The commission shall provide notice of the proposed budget under sub. (1) to the universal service fund council and other interested persons with an opportunity for comment prior to commission action.

PSC 160.17 History History: Cr. Register, April, 1996, No. 484, eff. 5-1-96; emerg. am. eff. 2-27-98; r. and recr. (1), r. (2), renum. (3) to be (4) and am., cr. (2) and (3), Register, October, 1998, No. 514, eff. 11-1-98; CR 13-068: am. (1) (c), (2), (4) Register January 2016 No. 721, eff. 2-1-16.

PSC 160.18 PSC 160.18 Collection of universal service fund monies.

PSC 160.18(1) (1) Each assessed provider shall pay the amount of its assessment to the universal service fund. Assessed providers include all telecommunications providers operating within Wisconsin, except those with intrastate gross telecommunications revenues of less than $200,000 during the preceding calendar year.

PSC 160.18(2) (2) The commission may require a person other than a telecommunications provider to contribute to the universal service fund, if after notice and opportunity for hearing the commission determines that the person is offering nontraditional broadcast services in competition with a telecommunications service for which a contribution is required under this chapter.

PSC 160.18(3) (3) Telecommunications providers shall be assessed on the basis of their gross intrastate operating revenues from telecommunications services.

PSC 160.18(4) (4) Each telecommunications provider shall submit information, on a schedule and in a format set by the commission, on the telecommunications provider’s gross intrastate telecommunications revenues during the preceding calendar year.

PSC 160.18(5) (5) The percentage liability for a given telecommunications provider is the ratio of that provider’s intrastate gross telecommunications revenues to the sum of the intrastate gross telecommunications revenues for all contributory providers.

PSC 160.18(6) (6) A given telecommunications provider shall be assessed the percentage liability of that provider under sub. (5) multiplied by the total annual amount to be collected. For monthly billings, the annual assessment amount shall be divided into 12 equal parts. For quarterly billings the annual amount shall be divided into four equal parts.

PSC 160.18(7) (7) Telecommunications providers who provided telecommunications service in Wisconsin for only part of the preceding calendar year shall be assessed based on actual revenues for the year, without adjustments to annualize that revenue.

PSC 160.18(8) (8) Failure to receive a bill is not grounds for relief from a telecommunications provider’s liability for assessment.

PSC 160.18(9) (9) 

PSC 160.18(9)(a) (a) The commission may bill telecommunications providers for the assessments as calculated in sub. (6) on a monthly, quarterly or annual basis. A telecommunications provider shall pay its monthly, quarterly or annually billed portion of its calculated assessment within 30 days after the bill is mailed. A telecommunications provider that has not paid within 30 days after the bill is mailed shall be considered to have not paid under s. 196.218 (8), Stats., and the commission may collect the bill using the process described in s. 196.85 (3), Stats.

PSC 160.18(9)(b) (b)

PSC 160.18(9)(b)1. 1. A telecommunications provider that disagrees with a new assessment amount as calculated under sub. (6) shall object within 30 days after the bill using the new assessment amount is mailed. The commission shall consider an objection to an assessment amount made more than 30 days after the first bill using the new assessment amount is mailed as an objection to the assessment amount beginning with the most recent assessment bill.

PSC 160.18 Note Note: For example, if a new assessment amount is billed on October 1 and an objection is filed on October 15, the objection will be to the amount on all bills from October 1 on. If an objection is filed on November 15, the objection will be to the amount on all bills from November 1 on.

PSC 160.18(9)(b)2. 2. The making of an objection and commission action regarding that objection shall follow the process described in s. 196.85 (4), Stats.

PSC 160.18(9)(b)3. 3. Notwithstanding subd. 1., if the objection is due to a mistake in calculating or reporting data, and the mistake results in a provider overpaying, then the commission shall reimburse the provider the amount overpaid even if the objection is made more than 30 days after the first bill using a new assessment amount.

PSC 160.18 History History: Cr. Register, April, 1996, No. 484, eff. 5-1-96; renum. (1) (intro.) and (9) to be (1) and (9) (a), r. (1) (a) and (b), cr. (9) (b) and (10), Register, April, 2000, No. 532, eff. 5-1-00; CR 13-068: am. (4), (6), (9) (a), renum. (9) (b) to (9) (b) 1. and am., cr. (9) (b) 2., 3., r. (10) Register January 2016 No. 721, eff. 2-1-16; correction in (9) (b) 3. made under s. 35.17, Stats., Register January 2016 No. 721, eff. 2-1-16.

PSC 160.181 PSC 160.181 Use audit. Recipients of universal service fund monies may be audited by the commission to ensure that the funding was requested and used appropriately.

PSC 160.181 History History: Cr. Register, April, 2000, No. 532, eff. 5-1-00; CR 13-068: r. and recr. Register January 2016 No. 721, eff. 2-1-16.

PSC 160.19 PSC 160.19 Universal service fund council.

PSC 160.19(1) (1) The commission shall appoint a universal service fund council to advise the commission concerning the administration of s. 196.218, Stats., the content of administrative rules adopted under s. 196.218, Stats., and any other matters assigned to the universal service fund council by the commission.

PSC 160.19(2) (2) The universal service fund council shall consist of telecommunications providers and of consumers of telecommunications services. The commission shall appoint a diverse membership to the universal service council including representatives of the incumbent and competitive local exchange telecommunications industry; the cable industry; the wireless industry; and consumers of telecommunications services including residential, business, governmental, and public special interest group users of telecommunications services.

PSC 160.19(3) (3) A majority of the members of the universal service fund council shall be representatives of consumers of telecommunications services.

PSC 160.19(4) (4) 

PSC 160.19(4)(a) (a) Universal service fund council members shall be appointed to staggered three-year terms.

PSC 160.19(4)(b) (b) The commission may appoint a replacement member to serve the remaining term of a member withdrawing from the universal service fund council.

PSC 160.19(5) (5) The universal service fund council shall elect a chairperson and a vice-chairperson from its membership, not including the commission staff liaison. The term of office for these positions shall be one year. Elections may be held at the first meeting of each calendar year or may be conducted by mail prior to the first meeting of each calendar year.

PSC 160.19(6) (6) The universal service fund council shall meet at least twice annually. Other meetings may be called, upon adequate notice to all members, to address matters of the fund as they arise. Meetings of the universal service fund council shall be open to the public.

PSC 160.19(7) (7) Members of the universal service fund council shall serve without compensation. Members, other than those members representing the telecommunications industry and any members representing state agencies, may be reimbursed for their actual and necessary expenses incurred in the performance of their duties as part of the universal service fund council, subject to budget guidelines adopted by the commission.