CR 21-023 Rule Text

G.   Summary of factual data and analytical methodologies

No factual data or methodologies were relied upon. The proposed rule changes align Wis. Admin Code ch. PSC 160 with FCC federal standards and clarify other provisions of PSC 160 pertaining to Telecommunications Equipment Purchase Program (TEPP) vouchers.

H.   Analysis and supporting documents used to determine effect on small business

The Commission’s fiscal estimate and economic impact analysis determined that the proposed rules will not have an economic effect on small businesses. The Commission sought input from the Universal Service Fund (USF) Council, comprised of members of the telecommunications industry, solicited public comments from telecommunications carriers and all community-based and public agencies working with stakeholder groups, including W-2 agencies, Aging and Disability Resource Centers, and county and Tribal health agencies.

I.   Effect on Small Business

These proposed rules will not have an economic impact on small businesses. There are no new reporting or bookkeeping requirements created under the proposed rules.

Existing Universal Service Fund (USF) rules may have an effect on small telecommunications utilities, which are small businesses under Wis. Stat. § 196.216 for the purposes of Wis. Stat. § 227.114. For the current USF rules, the Commission has already established exemptions and exceptions from the components of Wis. Admin. Code ch. PSC 160 which may have an effect on small business, which include the following exemptions and exceptions described below.

USF Assessment Obligations

The Commission assesses providers operating in Wisconsin for the USF based on intrastate revenues. In Wis. Admin Code § PSC 160.18(1) the Commission established an exemption from fund assessments to protect entry by, and continued operation of, small telecommunications providers as directed by statutory objectives. Under Wis. Admin. Code § PSC 160.01(2)(b), the Commission may give individual consideration to unusual situations and may adopt different requirements for particular telecommunications providers. Small businesses can request that the Commission provide an exception to a rule requirement.

Additionally, while assessment obligations present an apparent cost, assessment charges are paid by customers, collected by the provider, and paid to the state USF program through a monthly invoicing process. The cost to the business is primarily realized through staff time and facility costs, which are not impacted by the proposed rule changes.

ETC Participation in the Lifeline program

The businesses primarily impacted by the changes in the proposed rule revision are providers who voluntarily apply to be designated as ETCs. The rule revision aligns Wis. Admin. Code ch. PSC 160 with rules established by the Federal Communications Commission in 2016. The changes in the proposed rules codify existing practices without an associated financial impact. Additionally, as the hallmark of the Lifeline program, the USF programs fully reimburse ETCs for discounts provided to customers.

TEPP

Specialized equipment vendors may be small businesses under Wis. Stat. § 196.216 for the purposes of Wis. Stat. §. 227.114. Vendors who participate in TEPP work with customers to identify and purchase the appropriate equipment, and the rules authorize them to add an additional 15 percent to the cost of the equipment to cover business costs. This rulemaking proposes an administrative efficiency that recognizes the ubiquity of specialized telecommunications equipment to access the internet of the Deaf, and does not impose additional reporting or other requirements on vendors. Therefore, there are no anticipated impacts on these small businesses.

FISCAL ESTIMATE

This rulemaking will have no economic impact. A completed Economic Impact Analysis and Fiscal Estimate are included as Attachment C.

J.   Comments

Comments on this rule may be submitted as outlined in the Notice of Hearing.

K.   Accommodation

The Commission does not discriminate on the basis of disability in the provision of programs, services, or employment. Any person with a disability who needs accommodations to participate in this proceeding or who needs to obtain this document in a different format should contact the docket coordinator listed below.

L.   Agency Contact People

Questions regarding this matter should be directed to the docket coordinator Holly O’Higgins, at [phone] or [e-mail]. Small business questions should be directed to Tara Pray at [phone] or [e-mail]. Media questions should be directed to the Communications Director Jerel Ballard at [phone].

TEXT OF PROPOSED RULE

Section 1. PSC 160.02 (8) is amended to read:

PSC 160.02 (8) “Disability" means a physical, or sensory, or cognitive impairment that limits or curtails an individual's ability to use telecommunications services or equipment, or both.

Section 2. PSC 160.02 (21) (intro.), (a), and (b) are amended to read:

PSC 160.02 (21) (intro.) “Low-income” customer” means a household that meets one of the following criteria:

PSC 160.02 (21) (a) Receives benefits from one or more of the following programs: Meets the definition of “qualified low-income consumer” as provided in 47 CFR 54.409, as of December 2, 2016.

1. Wisconsin works under ss. 49.141 to 49.162, Stats.

2. Medical assistance under 42 USC 1396 et seq.

3. Supplemental security income under 42 USC 1381 to 1383.

4. Food stamps under 7 USC 2011 to 2029.

5. The low income household energy assistance program under s. 16.27, Stats.

6. Unless the provider is a federal-only ETC, Wisconsin homestead tax credit under ss. 71.51 to 71.55, Stats.

7. BadgerCare Plus programs under s. 49.471, Stats., consistent with the income limits in subd. 11.

8. SeniorCare 1 and 2a under s. 49.688, Stats.

9. The national school lunch program's free lunch program.

10. Temporary assistance for needy families, other than Wisconsin works under ss. 49.141 to 49.161, Stats.

11. As approved by the commission, other state or federally administered programs for households with income levels less than or equal to 200% of the poverty line as defined in 42 USC 9902 (2).

PSC 160.02 (21) (b) The customer's income, as defined in 47 CFR 54.400 (f), as of February 8, 2021, is at or below 135% of the federal poverty guidelines.

Section 3. PSC 160.02 (21) (a) 1. (Note), 4. (Note), and 11. (Note) are repealed.

Section 4. PSC 160.02 (21) (c) is repealed.

Section 5. PSC 160.02 (21) (Note) is created to read:

PSC 160.02 (21) (Note) Note: Specific versions of the federal regulations referenced in this section are reproduced at appendix 1 of this chapter: 47 CFR 54.409 and 47 CFR 54.400 (f).

Section 6. PSC 160.02 (22m) and (Note) are created to read:

PSC 160.02 (22m) “National Lifeline Eligibility Verifier” or “National Verifier” means an electronic and manual system with associated functions, processes, policies and procedures, to facilitate the determination of eligibility for the Lifeline program as described in 47 CFR 54.400 (o), as of February 8, 2021.

PSC 160.02 (22m) (Note) Note: As of July 15, 2020, Wisconsin uses the National Verifier for all eligibility determinations and re-certification of Lifeline subscribers, and any other associated functions, processes, policies and procedures. Specific versions of the federal regulations referenced in this section are reproduced in appendix 1 of this chapter: 47 CFR 54.400 (o).

Section 7. PSC 160.02 (28) is amended to read:

PSC 160.02 (28) “Two line hearing carryover" means the technique of using 3-way calling and 2 telephone lines, one for listening hearing and one for text, to connect a hearing caller with a speech disability who is speech impaired with another caller via the telecommunications relay service or with a specialized telephone.