Chapter PSC 161
EDUCATIONAL TELECOMMUNICATIONS ACCESS PROGRAM
PSC 161.01 Purpose and special consideration. PSC 161.03 Technical standards. PSC 161.04 Privacy protections. PSC 161.06 Determinations of eligibility. PSC 161.07 Provision of services. Ch. PSC 161 NoteNote: Chapter PSC 161 was created as an emergency rule effective February 27, 1998. PSC 161.01PSC 161.01 Purpose and special consideration. PSC 161.01(1)(1) Purpose. As required under s. 16.997 (1), Stats., this chapter establishes an educational telecommunications access program to provide access to data lines and video links for eligible school districts, private schools, cooperative educational service agencies, technical college districts, private colleges and public library boards. Under this chapter, the technology for educational achievement in Wisconsin board determines eligibility to participate in the program. The department of administration contracts with telecommunications providers under s. 16.974 (1), Stats., for the requested access. The applicant makes monthly payments to the department for each data line or video link. The board pays from the universal service fund the difference between costs under the contract and the applicant’s payments. The board may consider, as alternative access, service architecture or technology not available through the department at the time of the application. PSC 161.01(2)(2) Special consideration. The board may apply to the commission for a waiver of any requirement in this chapter for exceptional or unusual situations. Upon due investigation of the facts and circumstances involved, the commission may waive in exceptional or unusual situations any requirement in this chapter, so that the provision of access is in a manner which is lesser, greater, other or different than otherwise required in this chapter. PSC 161.01 HistoryHistory: Cr. Register, October, 1998, No. 514, eff. 11-1-98; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616. PSC 161.02PSC 161.02 Definitions. In this chapter: PSC 161.02(1)(1) “Alternative access” means a service architecture or technology not available through the department at the time of the application. PSC 161.02(2)(2) “Board” means the technology for educational achievement in Wisconsin board. PSC 161.02(3)(3) “Commission” means the public service commission. PSC 161.02(4)(4) “Cooperative educational service agency” is a service unit created under ch. 116, Stats. PSC 161.02(6)(6) “Department” means the department of administration. PSC 161.02(9)(9) “Public library board” means a board created under ch. 43, Stats. PSC 161.02(11)(11) “Technical college district” means a district organized under ch. 38, Stats. PSC 161.02(12)(12) “Universal service fund” means the trust fund established under s. 25.95, Stats. PSC 161.02(13)(13) “Video link” means a 2–way interactive video circuit and associated services. PSC 161.02 HistoryHistory: Cr. Register, October, 1998, No. 514, eff. 11-1-98; corrections in (5) and (7) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616. PSC 161.03(1)(1) General standards. The board shall establish technical standards and specifications as necessary for access to data lines or video links provided under the educational telecommunications access program to school districts, private schools, cooperative educational service agencies, technical college districts, private colleges and public library boards. The board shall encourage the use of internationally recognized standards, specifications and technologies, and consider adopting such standards, specifications and technologies as soon as possible, to ensure that access provided under this chapter allows maximum interaction with other networks throughout the world. PSC 161.03(2)(2) Data line. A data line shall terminate at an internet service provider unless the board determines that an alternative is acceptable. A data line may include transport and associated hardware required by the department for its management of its statewide network. A data line does not include voice services or other non–internet related data transmission or services unless the board determines that other data transmission is acceptable. The direct access to the internet provided by the data line does not include internet services such as subscription services, electronic mail, applications and other services determined by the board. PSC 161.03(3)(3) Video link. The video link may include transport, switching equipment and software needed to provide 2–way interactive video, maintenance, scheduling software, and equipment needed to compress and decompress video information. A video link may also include direct access to the internet through available channels within the circuit and access to a gateway for purposes of inter–system communication and compatibility. A video link may not include television monitors, video cameras, audio equipment, any other classroom equipment or personnel costs associated with scheduling. PSC 161.03 HistoryHistory: Cr. Register, October, 1998, No. 514, eff. 11-1-98. PSC 161.04(1)(1) Any access to data lines or video links provided under the educational telecommunications access program shall include protections against the outflow of information about users of telecommunications services and protections to the users of telecommunications services from receiving privacy intrusions, as required under s. 16.997 (2) (e), Stats. PSC 161.04(2)(2) School districts, private schools, cooperative education service agencies, technical college districts, private colleges and public library boards with data lines or video links provided under the educational telecommunications access program shall instruct all personnel with access to the data lines and video links of the need to protect the confidentiality of information transmitted over, and the users of, the data lines and video links, and of the privacy requirements noted in this section. PSC 161.04 HistoryHistory: Cr. Register, October, 1998, No. 514, eff. 11-1-98; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616. PSC 161.05(1)(1) Except as provided under sub. (3), a school district, private school, cooperative educational service agency, technical college district, private college or public library board may apply to the board to participate in the educational telecommunications access program for access to a data line or video link. PSC 161.05(2)(2) Notwithstanding sub. (1), a school district which operates more than one high school may apply for access to a data line and video link or access to more than one data line or video link. A school district may not apply for access to more data lines or video links than the number of high schools in that district. PSC 161.05(3)(3) A school district may not apply to participate in the educational telecommunications access program for access to a data line or video link if it has received in the current state fiscal year, July 1 to June 30, an annual grant from the board under s. 16.997 (6), Stats. PSC 161.05 NoteNote: Section 16.997 (6), Stats., was repealed by 2007 Wis. Act 20. PSC 161.05(5)(5) The application to the board shall include the following: PSC 161.05(5)(a)(a) The name, address and telephone number of the school district, private school, cooperative educational service agency, technical college district, private college or public library board and the name and telephone number of an individual to contact about the application. PSC 161.05(5)(b)(b) A description of the access requested and plans for its use. PSC 161.05(5)(c)(c) The specific location for each data line or video link requested. PSC 161.05(5)(d)(d) The desired date for service to begin for each data line or video link requested. PSC 161.05(5)(e)(e) A brief description of the proposed use of each data line or video link requested. PSC 161.05 NoteNote: Application materials are available from the TEACH Board. The TEACH Board’s web site is www.teachwi.state.wi.us. PSC 161.05(6)(6) The board shall forward applications when received to the commission and department. PSC 161.05 HistoryHistory: Cr. Register, October, 1998, No. 514, eff. 11-1-98; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616; CR 13-068: r. (4) Register January 2016 No. 721, eff. 2-1-16; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register January 2017 No. 733. PSC 161.06PSC 161.06 Determinations of eligibility. PSC 161.06(1)(1) The board shall determine if any school district, private school, cooperative educational service agency, technical college district, private college or public library board which applies under s. PSC 161.05 is eligible to participate in the educational telecommunications access program. PSC 161.06(2)(2) In its determination of eligibility under sub. (1), the board shall use the following criteria: PSC 161.06(2)(a)(a) Availability of funds and impact of the requested access on available funds. PSC 161.06(2)(c)(c) Reasonableness of requested access, including economic efficiency and cost. Requests for access which requires telecommunications transport over long distances when similar access is available locally or regionally may be determined ineligible. PSC 161.06(2)(d)(d) Readiness of applicant to use the requested access, including program development, facility arrangements and staff training. PSC 161.06(3)(3) If the board, after consultation with the commission, determines at any time that the monies in the universal service fund for this program are insufficient to approve all pending applications, the board may prioritize applications for access. In establishing priorities, the board may give a higher priority to an application whenever a determination of eligibility would maximize the number of eligible applicants statewide or geographically distribute access to data lines and video links throughout the state. In addition, the board may give a higher priority to any application from an applicant which does not already have a data line or video link in service, which has applied for a discount under the federal universal service program in 47 USC 254 or which establishes a reasonable level of utilization for the requested access line or video link. The board may establish at any time other criteria for prioritizing applications for access. PSC 161.06(4)(4) The board shall notify the applicant, department and commission of its determination. PSC 161.06 HistoryHistory: Cr. Register, October, 1998, No. 514, eff. 11-1-98. PSC 161.07(1)(a)(a) If an applicant eligible for access under s. PSC 161.06 requests alternative access, the board may determine whether a particular alternative access is reasonable. The board may at any time seek assistance from the department, which may include an analysis of the feasibility of the alternative access requested. PSC 161.07(1)(b)(b) The board shall make its determination under par. (a) within 90 days of the deadline for applications established by the board, except that the department may request an extension for the completion of its feasibility analysis. PSC 161.07(2)(a)(a) The board shall coordinate with the department for the provision of requested access if the board has determined under s. PSC 161.06 that an applicant is eligible to participate in the educational telecommunications access program and, if the requested access is alternative access, the board has determined under sub. (1) that the alternative access is reasonable. PSC 161.07(2)(b)(b) Provision of alternative access by the board under par. (a) shall conform to the competitive procurement requirements of ch. 16, Stats. PSC 161.07(3)(3) Notification. If the department is unable to contract under s. 16.974 (1), Stats., for the alternative access which the board is coordinating with the department under sub. (2), the department shall notify the board within 5 days of the department’s inability. The board shall notify the applicant and commission. PSC 161.07 HistoryHistory: Cr. Register, October, 1998, No. 514, eff. 11-1-98; correction in (3) made under s. 13.93 (2m) (b) 7., Register April 2007 No. 616. PSC 161.08(1)(1) Any contract under s. 16.974 (1), Stats., between an applicant and the department shall require a monthly payment from the applicant to the department for each data line or video link, not to exceed $250 per month, except that the payment required may not exceed $100 per month for each data line or video link which relies on a transport medium operating at a speed of 1.544 megabits per second. PSC 161.08(2)(2) The board shall pay from the universal service fund the costs of annual grants under s. 16.997 (6), Stats., and contracts under s. 16.974 (1), Stats., as required by s. 196.218 (5) (a) 5., Stats., to the extent that these costs are not paid under sub. (1).
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