Chapter PSC 168

Chapter PSC 168

TELECOMMUNICATIONS RESELLERS AND RESALE

PSC 168.01   Purpose.

PSC 168.02   Definitions.

PSC 168.03   Services available for resale.

PSC 168.04   Providers subject to reseller certification.

PSC 168.05   Qualifying providers.

PSC 168.06   Petition; certification.

PSC 168.07   Continuation of certification.

PSC 168.09   Compliance with statutes.

PSC 168.10   General notification requirement.

PSC 168.12   Reports and requests for information.

PSC 168.13   Revocation of certification.

PSC 168.14   Voluntary surrender of certification.

Ch. PSC 168 Note Note: Chapter PSC 168 as it existed on November 30, 1997, was repealed and a new chapter PSC 168 was created effective December 1, 1997.

PSC 168.01 PSC 168.01 Purpose.

PSC 168.01(1) (1) The purpose of this chapter is to set forth the regulation of resellers and resale, to identify those entities that are telecommunications providers that must be certified as resellers under s. 196.01 (1d) (c), Stats., and to state the requirements for consideration of petitions from telecommunications providers requesting certification as alternative telecommunications utility resellers. Regulations regarding the provision of operator services by telecommunications resellers and providers of private pay telephone services are specified. This chapter also describes the telecommunications services of telecommunications utilities and specified alternative telecommunications utilities that are, or are not, available for resale. This chapter sets forth procedures for petitioning to add or remove a service from those available for resale, or to impose, remove, or modify any restriction or condition unreasonably impairing the ability of a reseller to resell a specific telecommunications service. This chapter addresses neither the right nor the manner by which a telecommunications utility may secure or claim an exemption, suspension, or modification of the duty to resell, as addressed in s. 196.219 (2), Stats., and 47 USC 251 (f).

PSC 168.01(2) (2) Except as specified in ss. PSC 168.02 (12) and 168.03, this chapter does not apply to telecommunications utilities or telecommunications carriers.

PSC 168.01(3) (3) Nothing in this chapter shall preclude special and individual consideration being given to exceptional or unusual situations and upon due investigation of the facts and circumstances involved, the adoption of requirements as to individual providers or services that may be lesser, greater, other or different than those provided in this chapter.

PSC 168.01 History History: Cr. Register, November, 1997, No. 503, eff. 12-1-97.

PSC 168.02 PSC 168.02 Definitions. In this chapter:

PSC 168.02(1) (1) “Alternative telecommunications utility” has the meaning given in s. 196.01 (1d), Stats.

PSC 168.02(2) (2) “Alternative telecommunications utility reseller” means that category of telecommunications provider referred to in s. 196.01 (1d) (c), Stats.

PSC 168.02(3) (3) “Collect call” means a call paid for by the party receiving the call where the receiving party does not have a standing arrangement for reversed charge calling.

PSC 168.02(4) (4) “Control of transmission facilities” includes leasing transmission facilities, but does not include the use of transmission facilities obtained pursuant to tariff filed under any provision of ch. 196, Stats., or an agreement under 47 USC 252 approved by the commission.

PSC 168.02 Note Note: “Dark fiber” leases or rental agreements that identify specific facilities constitute control of transmission facilities. In contrast, however, a long-term subscription to, or putative “lease” of, a transmission service, e.g., a “lease” of DS-3 transmission capacity, does not constitute control of transmission facilities, even though the nature of the service is largely defined by reference to the principal facility involved.

PSC 168.02(5) (5) “Customer dialed calling card call” means a call which is dialed by the customer, and for which the customer enters a calling card number directly, without operator intervention.

PSC 168.02(6) (6) “Holding company” has the meaning given in s. 196.795 (1) (h), Stats., and includes for purposes of this chapter only any company which owns, operates, manages or controls a telecommunications utility.

PSC 168.02(7) (7) “Holding company system” has the meaning given in s. 196.795 (1) (i), Stats., and includes for purposes of this chapter only a telecommunications utility as a public utility.

PSC 168.02(8) (8) “Operator assisted calling card call” means a call which is dialed by the customer and paid for with a calling card, but which requires operator intervention.

PSC 168.02(9) (9) “Pay telephone service provider” means a person who owns or leases a pay telephone located on property owned or leased by that person and telecommunications providers furnishing customer-owned, coin-operated telephones, also commonly known as “COCOTs” or COCOT providers, but does not include telecommunications utilities or telecommunications carriers.

PSC 168.02(10) (10) “Person to person call” means a call in which the calling party requests to speak to a particular person, and the call is put through only if that person comes to the telephone.

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.