Chapter PSC 179

Chapter PSC 179

TELECOMMUNICATIONS DISPUTE RESOLUTION

PSC 179.01   Purpose.

PSC 179.02   Definitions.

PSC 179.03   Significant adverse effect.

PSC 179.01 PSC 179.01 Purpose. Chapter PSC 179 implements s. 196.199 (2) (c), Stats., which requires the commission to specify by rule the requirements for determining in certain cases whether a party’s alleged failure to comply with an interconnection agreement has a significant adverse effect on the ability of another party to provide telecommunications service to its customers or potential customers.

PSC 179.01 History History: Cr. Register, February, 2001, No. 542, eff. 3-1-01.

PSC 179.02 PSC 179.02 Definitions. In this chapter:

PSC 179.02(1) (1) “Commission” means the public service commission.

PSC 179.02(2) (2) “Customer” means any person, firm, partnership, corporation, municipality, cooperative organization, telecommunications provider, governmental agency, or other entity which is provided with retail or wholesale telecommunications service, or both, by a party to an interconnection agreement. “Customer” does not include a party.

PSC 179.02(3) (3) “Essential telecommunications services” has the meaning given in s. PSC 160.03.

PSC 179.02(4) (4) “Interconnection agreement” means an agreement that is subject to approval by the commission under 47 USC 252(e), except that it does not include an agreement to which a commercial mobile radio service provider, as defined in s. 196.01 (2g), Stats., is a party.

PSC 179.02(5) (5) “Party” means a signatory to a particular interconnection agreement.

PSC 179.02(6) (6) “Telecommunications provider” has the meaning given in s. 196.01 (8p), Stats.

PSC 179.02(7) (7) “Telecommunications service” has the meaning given in s. 196.01 (9m), Stats.

PSC 179.02 History History: Cr. Register, February, 2001, No. 542, eff. 3-1-01.

PSC 179.03 PSC 179.03 Significant adverse effect. In determining if a party’s alleged failure to comply with an interconnection agreement has a significant adverse effect on the ability of another party to provide telecommunications service to its customers or potential customers under s. 196.199 (3) (a) 1m. a., Stats., and in determining whether a complaint does or does not allege such a significant adverse effect under ss. 196.199 (3) (a) and 196.26 (1) (c), Stats., the commission shall consider at least all of the following factors:

PSC 179.03(1) (1) The ability of a customer or potential customer to obtain or continue to receive uninterrupted telecommunications service, especially essential telecommunications services, from the telecommunications provider of that customer’s choice.

PSC 179.03(2) (2) Whether and to what degree any loss or damage to an allegedly aggrieved party or its customer or potential customer resulting from the alleged failure to comply with an interconnection agreement can be remedied without an expedited proceeding under s. 196.199, Stats.

PSC 179.03(3) (3) Whether and to what degree the alleged failure to comply with an interconnection agreement does any of the following:

PSC 179.03(3)(a) (a) Frustrates or enhances the planning or execution of a party’s business plan, marketing effort, or service or product introduction, or any combination thereof.

PSC 179.03(3)(b) (b) Causes or threatens to cause a delay in or barrier to a party’s market entry or a delay in the growth of its market share, or both.

PSC 179.03(3)(c) (c) Damages or threatens to damage the reputation of a party.

PSC 179.03(3)(d) (d) Damages or threatens to damage the ability of a party to effectively compete.

PSC 179.03(3)(e) (e) Harms or threatens to harm the financial health of a party.

PSC 179.03(3)(f) (f) Favors a party’s obtaining or retaining of customers, or both.

PSC 179.03 History History: Cr. Register, February, 2001, No. 542, eff. 3-1-01; correction in (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616.