Chapter PSC 168

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PSC 168.06(5)(b) (b) If a reseller is seeking recertification after a prior certification under this chapter expired or was revoked by the commission and it had operated in Wisconsin without certification, the commission may consider the following factors in determining any repayment,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.

PSC 168.09(3) (3) Alternative telecommunications utility resellers are not required to comply with the provisions of ch. 201, Stats.

PSC 168.09(4) (4) Under s. PSC 168.12, alternative telecommunications utility resellers shall file with the commission responses to annual questionnaires regarding Wisconsin operations.

PSC 168.09(5) (5) Alternative telecommunications utility resellers shall comply with ch. PSC 160.

PSC 168.09(6) (6) An alternative telecommunications utility reseller shall respond to any other requests from the commission for information.

PSC 168.09(7) (7) Alternative telecommunications utilities engaging in resale shall comply with applicable regulations and orders of this commission and the federal communications commission, including rules and orders governing the execution and alteration of customer presubscription agreements or arrangements.

PSC 168.09 History History: Cr. Register, November, 1997, No. 503, eff. 12-1-97; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616; CR 10-143: am. (2) Register August 2011 No. 668, eff. 9-1-11; CR 13-025: am. (4) Register January 2014 No. 697, eff. 2-1-14; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register January 2023 No. 805.

PSC 168.10 PSC 168.10 General notification requirement. An alternative telecommunications utility reseller certified under this chapter shall, within 20 days of the occurrence, notify the commission in writing of any change to information supplied in response to s. PSC 168.06 (2) (a), (b), (c), or (g).

PSC 168.10 History History: Cr. Register, November, 1997, No. 503, eff. 12-1-97; CR 13-025: renum. (1) (intro.), (a) to 168.10 and am., r. (1) (b) to (d), (2) Register January 2014 No. 697, eff. 2-1-14.

PSC 168.12 PSC 168.12 Reports and requests for information.

PSC 168.12(1) (1) Each reseller shall file with the commission by April 1 of each year responses to an annual commission questionnaire that provide details concerning the following:

PSC 168.12(1)(a) (a) All changes in information filed with the reseller’s petition requesting certification as an alternative telecommunications utility reseller.

PSC 168.12(1)(b) (b) Adoption of other marketing, trade, or “doing business as” names.

PSC 168.12(1)(c) (c) Acquisition of transmission facilities resulting in the telecommunications reseller owning, operating, managing or controlling transmission facilities whose cost basis exceeds the maximum specified in s. PSC 168.05 (1) (d).

PSC 168.12(1)(d) (d) Total gross operating revenues generated by the provision of intrastate Wisconsin telecommunications services, apportioned between wholesale and retail revenues. “Retail revenues” means only those revenues derived from services sold directly to retail end-user customers. “Wholesale revenues” means only those revenues from telecommunications services sold to other telecommunications providers.

PSC 168.12(1)(e) (e) Intrastate minutes of use of telecommunications services provided by the reseller, number of Wisconsin wholesale customers and number of Wisconsin retail customers served by the reseller.

PSC 168.12(2) (2) Each reseller shall respond to any other requests from the commission for information. The form designated by the commission for a request for confidential treatment of information shall accompany any confidential information filed.

PSC 168.12 Note Note: Copies of the annual report form to be filed by telecommunications resellers and Form PSC-RM 7000 to request confidential treatment may be obtained from the Public Service Commission of Wisconsin, P.O. Box 7854, Madison, WI 53707-7854.

PSC 168.12 History History: Cr. Register, November, 1997, No. 503, eff. 12-1-97; CR 13-025: am. (1) (intro.), r. (1) (f) Register January 2014 No. 697, eff. 2-1-14.

PSC 168.13 PSC 168.13 Revocation of certification.

PSC 168.13(1) (1) Certification of a reseller may be revoked under the procedure in sub. (2) for any of the following reasons:

PSC 168.13(1)(a) (a) Failure to file substantially complete responses to the commission’s annual questionnaire required by s. PSC 168.12.

PSC 168.13(1)(b) (b) Failure to comply with any applicable provision of this chapter or of ch. 196, Stats.

PSC 168.13(1)(c) (c) Failure to provide Wisconsin intrastate telecommunications service consistent with the provisions of s. 196.03 (6) or 196.203 (3), Stats., applicable provisions of 47 USC 151 to 613, or applicable rules and orders of the federal communications commission, including those relating to unauthorized changes of presubscribed providers, also known as “slamming.”

PSC 168.13(1)(d) (d) Failure to file reports or responses to requests for information, as may be required by the commission.

PSC 168.13(1)(e) (e) Failure to comply with any other order or rule of the commission that is applicable to the reseller.

PSC 168.13(2) (2) 

PSC 168.13(2)(a) (a) If the commission has determined that grounds for revocation exist, the commission may commence a revocation proceeding by mailing to the affected reseller, at its last known address on file with the commission, a written notice of the reasons for the proposed revocation of certification under this section.

PSC 168.13(2)(b) (b) Within 30 days of the mailing date of the notice under par. (a), a reseller may file a written response that may contain one or more of the following:

PSC 168.13(2)(b)1. 1. A showing that one or more of the commission’s reasons for revocation have been resolved or cured.

PSC 168.13(2)(b)2. 2. A showing that one or more of the commission’s reasons may be resolved in a remedial compliance plan for which the reseller requests commission acceptance and deferral of certificate revocation.

PSC 168.13(2)(b)3. 3. An objection to the commission’s reasons for revocation and a request for hearing.

PSC 168.13(2)(c) (c) Depending upon the information received in the reseller’s response, the commission may determine that the grounds for revocation have been remedied, proceed to revoke the reseller’s certificate, or take other action as may be appropriate in the circumstances. Failure of a reseller to respond under this subsection shall result in revocation of certification without hearing.

PSC 168.13(3) (3) If the commission revokes the certificate of an alternative telecommunications utility reseller, the commission may direct in the revocation order that telecommunications utilities providing service to the reseller terminate all connections used to furnish service to the reseller. The commission may also allocate to other providers of similar services those customers of the affected reseller who fail to select a replacement provider or providers, as appropriate.

PSC 168.13(4) (4) With respect to a revocation proceeding under this section, the commission, upon its own motion or petition by any interested person, may at any time enter an emergency or other order that, under the circumstances, it deems necessary to protect the reseller’s customers or the public interest.

PSC 168.13 History History: Cr. Register, November, 1997, No. 503, eff. 12-1-97; CR 10-143: am. (2) Register August 2011 No. 668, eff. 9-1-11; CR 13-025: am. (1) (a) 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 168.14 PSC 168.14 Voluntary surrender of certification.

PSC 168.14(1) (1) A reseller may file at any time a notice of voluntary surrender of certification to be effective 20 days after the filing. A notice will be deemed effective unless the commission acts to stay the surrender notice’s effective date within 20 days of filing. Once a notice of voluntary surrender is effective, the reseller must cease providing resold intrastate telecommunications services within Wisconsin. Unless other provisions are made by commission order, voluntary surrender of certification does not terminate a reseller’s obligation to comply with any outstanding commission order, requests for information, and required reports, or to comply with any other requirements accruing because of its certificated operations in Wisconsin prior to the effective date of surrender of certification.

PSC 168.14(2) (2) A reseller that has surrendered its certification obtained under this chapter may petition again for certification at any time. The petition will be processed as a petition for initial certification and will be subject to the same fee as an initial petition.

PSC 168.14(3) (3) With respect to the voluntary surrender of certification under this section, the commission, upon its own motion or petition by any interested person, may at any time enter any emergency or other order that, under the circumstances, it deems necessary for the protection of the reseller’s customers or the public interest.

PSC 168.14 History History: Cr. Register, November, 1997, No. 503, eff. 12-1-97.