Phone: (608) 264-6677
TEXT OF PERMANENT RULE
SECTION 1. Chapter Trans 58 is created to read: CHAPTER TRANS 58
SURVEYING REFERENCE STATION SYSTEM USER FEE
Trans 58.01 Purpose and Scope. As authorized by s. 85.63, Stats., the purpose of this chapter is to define the Surveying Reference Station System and to create a fee for its use to provide for the ongoing active system maintenance and replacement costs. Trans 58.02 Definitions. The words and phrases defined in s. 85.63, Stats. have the same meaning in this chapter unless a different definition is specifically provided. In this chapter: (1)
“Active system” or “WISCORS Network” means the system of reference stations statewide that continuously transmit global navigation satellite system data to a system server, and the server that receives and processes the data received from the reference stations.(2)
“Department” means the Wisconsin Department of Transportation.(3)
“Fee” means the amount the user pays to use the active system for a period of time selected by the user from among the options offered by the department. The fee paid by a user may vary based on how many users employed by the organization register to access the active system.(4)
“Passive system” means a network of survey monuments located throughout the state that are used to generate latitude, longitude, and elevation data. (5)
“User” means an individual, agency, or business entity that applies to the department and pays the fees to access use of the active system. (6)
“Surveying Reference Station System” means the network of survey monuments and reference stations in place across Wisconsin and includes the passive system and the active system.(7)
“System vendor” means the company the department contracts with to support and maintain the equipment and software of the WISCORS Network.Trans 58.03 Surveying Reference Station System Components. The Surveying Reference Station System includes the passive system and the active system. The active system equipment, hardware and software shall be serviced, updated and replaced by the department or its agents on an ongoing basis. The methodology used in determining the fee amount per user for the active system is based on the annual active system maintenance cost and the estimated annual user retention data. Budget for the maintenance of the passive system are derived from other sources.
Trans 58.04 Active System Operation. The active system is accessible 365 days a year, 24 hours a day, with the exception of monthly planned routine maintenance required to apply security patches and server updates as well as periodic unplanned and unscheduled system outages due to equipment or network failure. The following procedures shall apply to the active system:
(1)
The department shall monitor the system during regular work hours of 8:00 a.m. to 4:30 p.m. Monday through Friday. The system may not be monitored during state holidays. Standby status may be used by department staff to monitor the system during non-work hours.(2)
System outages shall be reported by the department or the system vendor or both as deemed necessary and service shall be restored as soon as practicable. The department may not provide a credit or refund for outages or time that the active system is not available.Trans 58.05 Active System Maintenance.
(1)
The department shall do all of the following:(a)
Carry out system maintenance for the active system.(b)
Fund maintenance and upgrade costs of the active system from user fees.(c)
Provide notice by email to user as soon as practicable when down-time for maintenance to the active system is planned.(2)
The department may not provide a credit or refund to a user for instances when the active system is inoperable due to maintenance.Trans 58.06 Active System Fee Structure.
(1)
The department shall charge fees to use the active system at the following rates:(a)
The individual yearly rate is $300 per user per year.(b)
When the user is an organization, the organizational yearly rate is $300 per user per year for each of the first five individuals employed by the organization plus $150 per year for each additional individual employed by the organization thereafter, with a $10,000 maximum fee per organization per year.(c)
The individual monthly rate is $50 per user per month.(2)
The department may not prorate the individual yearly rate or the organizational yearly rate under sub. (1)(a) or (b).(3)
The following entities shall be exempt from paying a fee to use the active system:(b)
An institution of higher education.(d)
Wisconsin State Agencies.(e)
Counties, Cities, Villages and Towns.(f)
Other units of government created by state law.(g)
Wisconsin Indian Tribes.(4)
The department may provide access to the active system in lieu of user fee payment through Memorandums of Agreement or Cooperative Partner Agreements.Trans 58.07 Active System Registration and Fee Collection
(1)
Fees specified in s. Trans 58.06 may be paid by cash, check, money order or online payment methods when available and acceptable to the department.(2)
To register for a subscription, each user shall complete a subscription level form using a form specified by the department. Trans 58.08 Active System Registration Renewal
(1)
Registration renewal information shall be provided to users 30 days prior to the end of the 12-consecutive month registration period. (2)
Users shall pay for renewal of their registration at least 3 days prior to the expiration of the respective registration period. (3)
Failure to pay renewal registration fees may result in subscription termination. If termination occurs, the user shall re-register to regain the ability to access the system. SECTION 2 EFFECTIVE DATE: This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register in compliance with s. 227.22 (2), Stats. (END OF RULE TEXT)
Signed this ____ day of ______________ 2020.
_________________________________________
Craig Thompson
Secretary
State of Wisconsin Department of Transportation
