Chapter PSC 168

PSC 168.02(11) (11) “Telecommunications provider” has the meaning given in s. 196.01 (8p), Stats.

PSC 168.02(12) (12) “Telecommunications reseller” or “reseller” means a telecommunications provider that resells message or wide-area telecommunications services or other telecommunications services approved for resale pursuant to this chapter or commission order, and includes the following:

PSC 168.02(12)(a) (a) Alternative telecommunications utility resellers.

PSC 168.02(12)(b) (b) Alternative telecommunications utilities authorized to engage in resale.

PSC 168.02(12)(c) (c) Pay telephone service providers, as defined in sub. (9), that provide operator services, resale of telecommunications services, or both.

PSC 168.02(12)(d) (d) For purposes of s. PSC 168.03 only, telecommunications carriers and telecommunications utilities certificated pursuant to s. 196.50 (2), Stats., when engaged in reselling services of another telecommunications provider.

PSC 168.02(13) (13) “Telecommunications service,” for purposes of this chapter, means a telecommunications service, as defined in s. 196.01 (9m), Stats., that must be offered in a tariff pursuant to state or federal statute, or a rule or order of the commission or the federal communications commission.

PSC 168.02 Note Note: The Wisconsin statutes requiring tariffs are ss. 196.19 and 196.194 (1), Stats. The latter permits the execution of individual customer contracts, provided an authorizing tariff complying with the requirements of s. 196.194 (1), Stats., is filed with the commission.

PSC 168.02(14) (14) “0” or “0-” or “0 minus” call means a call for which the caller only dials “0,” and does not dial additional digits.

PSC 168.02(15) (15) “0+” or “0 plus” call means a call for which the caller dials “0” and additional digits such as on a calling card call when the caller dials “0” and then the telephone number.

PSC 168.02 History History: Cr. Register, November, 1997, No. 503, eff. 12-1-97.

PSC 168.03 PSC 168.03 Services available for resale.

PSC 168.03(1) (1) Whether offered at wholesale, retail, or both, all telecommunications services of telecommunications utilities and of alternative telecommunications utilities that are required to allow resale by commission rule or order are approved for resale by resellers, except the following:

PSC 168.03(1)(a) (a) Trunks for 911 and E911 service.

PSC 168.03(1)(b) (b) Telephone relay services.

PSC 168.03(1)(c) (c) Multi-party services.

PSC 168.03(1)(d) (d) Telecommunications services offered in a market trial. “Market trial” means an offering of a new service for technical or market feasibility testing for a period not exceeding one year, and is offered only to a small subgroup of all intended customers.

PSC 168.03(1)(e) (e) Telecommunications services offered at promotional rates that are restricted against resale by the offering utility. “Promotional rate” means a temporary price discount or other incentive offered to customers that will be effective for not more than 90 days for the purpose of encouraging the purchase of new or additional telecommunications services.

PSC 168.03(1)(f) (f) Telecommunications services offered at a discount to institutions providing educational, library and health care services, as defined in 47 USC 254 and any rules of the commission or federal communications commission implementing that statute.

PSC 168.03(1)(g) (g) Telecommunications services that have been grandfathered, unless the services are resold to customers that are eligible for the grandfathered services. In such cases, the reseller shall be charged no more than the grandfathered price, less any applicable wholesale discount and any other discounts, such as for volume or term, for which the reseller qualifies.

PSC 168.03 Note Note: Consistent with the last sentence of s. PSC 168.01 (1), this subsection does not compel the creation of a wholesale rate, when, for example, a small telecommunications utility is claiming that it is a rural telephone company exempt from such duty under the provisions of 47 USC 153 (37) and 251 (f) (1).

PSC 168.03(2) (2) Where prices for residential services are set below those for similar business services, telecommunications services bought at residential rates may not be resold to business customers.

PSC 168.03(3) (3) Upon its own motion, or upon petition by a reseller telecommunications provider, or other interested person, the commission may investigate the resale or potential resale of a service that is offered by a telecommunications utility or an alternative telecommunications utility and is not identified in sub. (1). The commission may determine whether the service should be ordered available for resale, what terms, restrictions and conditions, if any, are necessary or appropriate for resale, and whether under 47 USC 251 any present or proposed term, restriction, or condition unreasonably impairs the resale of the service. The commission may issue an order to protect or promote the public interest. An order may approve, restrict, condition, or remove a restriction on, the resale of a service.

PSC 168.03 Note Note: This paragraph authorizes the commission to broadly deal with tariff terms and conditions that in operation unreasonably impair the ability of a reseller to resell a tariffed telecommunications service, as defined in s. PSC 168.02 (13). To be subject to this paragraph, a tariff need not contain an explicit restriction against resale, which is prohibited by s. PSC 168.03 (1).

PSC 168.03(4) (4) The ownership or management of a private shared telecommunications system, as defined in s. 196.201 (1), Stats., by itself does not constitute resale of telecommunications services for purposes of this chapter, provided the resold services are furnished only to retail end-user customers at a discrete premises, such as a building complex or multi-tenant office building, served by the private shared telecommunications system.

PSC 168.03 History History: Cr. Register, November, 1997, No. 503, eff. 12-1-97.

PSC 168.04 PSC 168.04 Providers subject to reseller certification.

PSC 168.04(1) (1) Any entity offering resold telecommunications services is a reseller requiring certification under this chapter, unless it is an exempt entity under sub. (2) or it is certificated as an alternative telecommunications utility, other than a reseller pursuant to s. 196.01 (1d) (c), Stats., and its certification includes authorization to resell intrastate telecommunications services.

PSC 168.04 Note Note: New and existing telecommunications utilities certified pursuant to s. 196.50 (2), Stats., and telecommunications carriers certified pursuant to s. 196.499, Stats., are, under statutory or certificate specification of statewide authority to engage in telecommunications, necessarily authorized to engage in resale without need of express certification. Such authority narrowed the application of this chapter as specified in s. PSC 168.01 (2). Section PSC 168.07 (4) governs the treatment of certificates containing resale authority issued to alternative telecommunications utilities, reseller or otherwise, prior to December 1, 1997.

PSC 168.04(2) (2) An entity that otherwise must be certified under sub. (1) need not obtain certification under this chapter if the entity, as a whole, is one or more of the following:

PSC 168.04(2)(a) (a) A marketing agent or employee that has no discretion with respect to the prices, discounts, terms or conditions of the resale of any telecommunications service.

PSC 168.04(2)(b) (b) A broker, acting as an intermediary, that assists end-user customers to obtain services directly from underlying providers at rates, terms and conditions that the customers could normally obtain on their own.

PSC 168.04(2)(c) (c) A wholly owned subsidiary that is doing business in Wisconsin and is owned by a reseller previously certificated under this chapter, if the owning reseller notifies the commission in writing that it desires to extend its authorization to the subsidiary and will consolidate all requested or reportable revenue and service information of the subsidiary in its own responses or reports when complying with the information filing requirements of this chapter and ch. PSC 160, governing the Wisconsin Universal Service Fund. Upon the commission’s receipt of a notice under this paragraph, the owning and subsidiary entities shall be considered a single certificated entity for all purposes under this chapter.

PSC 168.04(2)(d) (d) A vendor of prepaid calling cards, provided that another telecommunications provider certificated by this commission supplies the underlying telecommunications services for the prepaid cards and that the viability of the prepaid cards does not depend on actions of the vendor.

PSC 168.04(2)(e) (e) A member of a definable class or type of reseller that the commission by order under this subsection has excluded from those resellers requiring certification under this chapter.

PSC 168.04(2)(f) (f) A provider or a reseller of service that is exempt from commission regulation under s. 196.202, Stats.

PSC 168.04 Note Note: Under this paragraph, cellular mobile radio telecommunications utilities that are exempt from commission regulation under s. 196.202, Stats., are not required to obtain certification to resell telecommunications services obtained from other providers. This rule also exempts from certification those entities engaged solely in the resale of cellular services. If a cellular service reseller, however, seeks to resell services from other providers other than cellular mobile radio telecommunications utilities, it would no longer be able to characterize its operations as wholly cellular resale and would be obliged under s. PSC 168.04 (1) to secure certification under this chapter.

PSC 168.04(2)(g) (g) A reseller whose telecommunications reselling activities are exempt from commission regulation by federal statute or a rule or order of the federal communications commission.

PSC 168.04 History History: Cr. Register, November, 1997, No. 503, eff. 12-1-97.

PSC 168.05 PSC 168.05 Qualifying providers.

PSC 168.05(1) (1) A telecommunications provider that is certified as a telecommunications reseller under s. PSC 168.06 may do all of the following:

PSC 168.05(1)(a) (a) Resell services approved for resale by the commission, as set forth in s. PSC 168.03, and purchase and use access services from telecommunications providers.

PSC 168.05(1)(b) (b) Own, operate, manage or control switches, processors, routers, and other equipment customarily found in a telecommunications utility switching office or wire center.

PSC 168.05(1)(c) (c) Provide operator services.

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 History History: 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 PSC 168.06 Petition; certification.

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)(a) (a) The legal name, address and telephone number of the telecommunications reseller.

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(2)(i) (i) Any other information as required by the commission.

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 Note Note: The mailing address of the commission is P.O. Box 7854, Madison, WI 53707-7854.

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) (5) 

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 Note Note: 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)1. 1. The reason for the failure to obtain certification of its operations under this chapter.

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.

PSC 168.06(5)(b)5. 5. The impact of repayment, refund, or credit upon the financial viability of the reseller.

PSC 168.06(6) (6) If, upon petition by an interested person, the commission finds that a term or condition imposed in an alternative telecommunications utility certificate issued pursuant to this chapter is unnecessary for the protection of the public interest or is not competitively neutral in its effect, the commission shall modify or rescind the term or condition. 

PSC 168.06 History History: Cr. Register, November, 1997, No. 503, eff. 12-1-97; CR 10-143: renum. (5) to be (5) (a), cr. (5) (b) Register August 2011 No. 668, eff. 9-1-11.

PSC 168.07 PSC 168.07 Continuation of certification.

PSC 168.07(1) (1) A certificate issued under this chapter is subject to automatic expiration if the reseller fails to file the annual report required by s. PSC 168.12, and the fee required under sub. (2) if the certificated reseller is not subject to assessment under s. PSC 168.09 (2). The expiration of a certificate shall be effective June 1 of the year in which the required report, or any fee required by this section, was not filed by April 1, or such later date as may be ordered by the commission.

PSC 168.07(2) (2) A reseller not subject to assessment under s. PSC 168.09 (2) shall pay a fixed fee with the filing of the annual report. The commission by order may determine the amount of the fee and the permissible form or forms of payment. An annual report received by the commission that is not accompanied by a required fee in the proper amount or form of payment will not be considered a substantially complete annual report filing for purposes of s. PSC 168.13 (1) (a) and may be returned.

PSC 168.07 Note Note: The current fee is $100, payable in any check form or by money order. Cash is not acceptable.

PSC 168.07(3) (3) A reseller issued its initial certificate under s. PSC 168.06 after January 1 and on or before April 1 shall comply with this section commencing in the succeeding calendar year.

PSC 168.07(4) (4) Commencing upon December, 31, 1997, existing certificates of authority that are held by any type of alternative telecommunications utility and that authorize the holder to engage in any type of resale of intrastate telecommunications services, shall be treated as follows:

PSC 168.07(4)(a) (a) Any alternative telecommunications utility reseller holding an interim or final certificate of authority from the commission remains authorized to conduct its telecommunications business in this state under that certificate. Any interim certificate, however, shall be deemed permanent and modified to authorize resale of intrastate telecommunications services in compliance with this chapter, including the provision for expiration of certification for failure to comply with this section. This paragraph does not apply to make permanent any certification that was originally granted on an interim basis on account of the petitioner’s fitness and does not modify or rescind any terms and conditions imposed by the commission upon certifying under this chapter an alternative telecommunications utility reseller that is affiliated with a telecommunications utility authorized under s. 196.50 (2), Stats.

PSC 168.07 Note Note: Under this paragraph resellers having interim authorization to provide alternative operator services under commission docket 05-TI-116 now have permanent certification to provide those services in accordance with this chapter. Any reseller that had interim certification because of a fitness question still has interim certification, but is obliged to comply with this chapter. Except for fitness limitations, all existing alternative telecommunications utility (ATU) reseller certificates are deemed modified to make the resale operations of such resellers uniformly subject to this chapter, except where the certificate contains unique terms and conditions on account of the ATU reseller’s affiliation with a telecommunications utility. This provision does not make permanent those interim terms and conditions imposed on a certificate on account of a reseller’s affiliation with a telecommunications utility. Those interim terms and conditions are subject to further investigation in docket 05-TI-138 or any related dockets dealing with affiliate relationships.

PSC 168.07(4)(b) (b) Any alternative telecommunications utility other than a reseller certified under s. 196.01 (1d) (c), Stats., retains interim or permanent certification as provided in its certificate. Any authorization in the certificate to resell intrastate telecommunications services shall be deemed modified to incorporate by reference the duty to comply with this chapter, except as modified or supplemented by the express terms of the certificate or the provisions of any applicable commission order.

PSC 168.07 Note Note: Under this paragraph, radio common carriers authorized to engage in resale must comply with this recreated ch. PSC 168. Competitive local exchange carriers authorized to engage in resale comply with this chapter to the extent provided by their certificates and any commission order specifying differing obligations respecting resale in local exchange markets, as provided in docket 05-TI-138.

PSC 168.07 History History: Cr. Register, November, 1997, No. 503, eff. 12-1-97.

PSC 168.09 PSC 168.09 Compliance with statutes.

PSC 168.09(1) (1) All alternative telecommunications utility resellers shall comply with the following sections of ch. 196, Stats.: ss. 196.02, 196.03 (6), 196.12, 196.14, 196.203, 196.207 (6), 196.208, 196.218, Stats., s. 196.219, Stats., excepting s. 196.219 (3) (b), (em), (f), (g), and (j), Stats., ss. 196.25, 196.26, 196.28, 196.37, 196.39, 196.395, 196.40, 196.41, 196.43, 196.44, 196.65 and 196.66, Stats.

PSC 168.09 Note Note: The imposition of s. 196.203, Stats., reserves the jurisdiction of the commission to impose, as needed, additional provisions of ch. 196, Stats., not listed above. The imposition of s. 196.37, Stats., also effectively reserves the jurisdiction of the commission to take corrective action with respect to rates and services, if and when necessary.

PSC 168.09(2) (2) Alternative telecommunications utility resellers having gross operating revenues derived from Wisconsin intrastate operations of $200,000 or more in a calendar year shall comply with and be subject to assessment as provided in ss. 196.85, 196.858, and 196.859, Stats.