Chapter 196

196.76   Other rights of action; penalties cumulative.

196.78   Voluntary dissolution.

196.79   Reorganization subject to commission approval.

196.795   Public utility holding companies.

196.796   Real estate activities.

196.80   Consolidation or merger of utilities.

196.807   Energy affiliate and utility employees.

196.81   Abandonment; commission approval required.

196.84   Commission’s holding company and nonutility affiliate regulation costs.

196.85   Payment of commission’s expenditures.

196.855   Assessment of costs against municipalities.

196.857   Stray voltage program.

196.858   Assessment for telephone relay service.

196.859   Assessment for telecommunications utility trade practices.

196.86   Assessments for air quality improvement program.

196.91   Acquisition of existing dams.

196.92   Procedure for acquiring dams.

Ch. 196 Cross-reference Cross-reference: See also PSC, Wis. adm. code.

196.01 196.01 Definitions. As used in this chapter and ch. 197, unless the context requires otherwise:

196.01(1b) (1b) “Access service” means the provision of switched or dedicated access to a local exchange network for the purpose of enabling a telecommunications provider to originate or terminate telecommunications service. “Access service” includes unbundled local service provided to telecommunications providers.

196.01(1d) (1d) “Alternative telecommunications utility” means any of the following:

196.01(1d)(c) (c) Telecommunications resellers or resellers.

196.01(1d)(f) (f) Any other telecommunications provider if the commission finds that the service offered by the telecommunications provider is available from other telecommunications providers within this state directly or indirectly to the public.

196.01(1d)(g) (g) A telecommunications utility certified under s. 196.203 pursuant to s. 196.50 (2) (j) 1. a.

196.01(1g) (1g) “Basic local exchange service” means the provision to residential customers of an access facility, whether by wire, cable, fiber optics or radio, and essential usage within a local calling area for the transmission of high-quality 2-way interactive switched voice or data communication. “Basic local exchange service” includes extended community calling and extended area service. “Basic local exchange service” does not include additional access facilities or any discretionary or optional services that may be provided to a residential customer. “Basic local exchange service” does not include cable service or services provided by a commercial mobile radio service provider.

196.01(1j) (1j) “Basic message telecommunications service” means long distance toll service as provided on January 1, 1994, on a direct-dialed, single-message, dial-1 basis between local exchanges in this state at tariff rates. “Basic message telecommunications service” does not include any wide-area telecommunications service, 800-prefix service, volume, dedicated, discounted or other interoffice services or individually negotiated contracts for telecommunications service.

196.01(1m) (1m) “Broadcast service” means the one-way transmission to the public of video or audio programming regulated under 47 USC 301 to 334 that is provided by a broadcast station, as defined in 47 USC 153 (dd), including any interaction with a recipient of the programming as part of the video or audio programming offered to the public.

196.01(1p) (1p) “Cable service” has the meaning given in 47 USC 522 (6).

196.01(2g) (2g) “Commercial mobile radio service provider” means a telecommunications provider that is authorized by the federal communications commission to provide commercial mobile service.

196.01(2i) (2i) “Commercial mobile service” has the meaning given in 47 USC 332 (d).

196.01(2m) (2m) “Commission” means the public service commission.

196.01(2s) (2s) “Incumbent local exchange carrier” has the meaning given in 47 USC 251 (h).

196.01(3) (3) “Indeterminate permit” means any grant, directly or indirectly, from the state to any public utility of power, right or privilege to own, operate, manage or control any plant or equipment or any part of a plant or equipment within this state for the production, transmission, delivery or furnishing of any public utility service.

196.01(3a) (3a) “Interconnected voice over Internet protocol service” has the meaning given in 47 CFR 9.3.

196.01(3b) (3b) “Interconnection agreement” means an interconnection agreement that is subject to approval by the commission under 47 USC 252 (e).

196.01(3e) (3e) “Interlata” means between local access and transport areas.

196.01(3g) (3g) “Intralata” means within the boundaries of a local access and transport area.

196.01(4) (4) “Municipality” means any town, village or city wherein property of a public utility or any part thereof is located.

196.01(5) (5) 

196.01(5)(a) (a) “Public utility” means, except as provided in par. (b), every corporation, company, individual, association, their lessees, trustees or receivers appointed by any court, and every sanitary district, town, village or city that may own, operate, manage or control any toll bridge or all or any part of a plant or equipment, within the state, for the production, transmission, delivery or furnishing of heat, light, water or power either directly or indirectly to or for the public. “Public utility” includes all of the following:

196.01(5)(a)1. 1. Any person engaged in the transmission or delivery of natural gas for compensation within this state by means of pipes or mains and any person, except a governmental unit, who furnishes services by means of a sewerage system either directly or indirectly to or for the public.

196.01(5)(a)2. 2. A telecommunications utility.

196.01(5)(b) (b) “Public utility” does not include any of the following:

196.01(5)(b)1. 1. A cooperative association organized under ch. 185 for the purpose of producing or furnishing heat, light, power or water to its members only.

196.01(5)(b)2. 2. A holding company, as defined in s. 196.795 (1) (h), unless the holding company furnishes, directly to the public, telecommunications or sewer service, heat, light, water or power or, by means of pipes or mains, natural gas.

196.01(5)(b)3. 3. Any company, as defined in s. 196.795 (1) (f), which owns, operates, manages or controls a telecommunications utility unless the company furnishes, directly to the public, telecommunications or sewer service, heat, light, water or power or, by means of pipes or mains, natural gas.

196.01(5)(b)4. 4. A commercial mobile radio service provider.

196.01(5)(b)5. 5. A joint local water authority under s. 66.0823.

196.01(5)(b)6. 6. A person that owns an electric generating facility or improvement to an electric generating facility that is subject to a leased generation contract, as defined in s. 196.52 (9) (a) 3., unless the person furnishes, directly to the public, telecommunications or sewer service, heat, light, water or power or, by means of pipes or mains, natural gas.

196.01(5)(b)7. 7. A state agency, as defined in s. 20.001 (1), that may own, operate, manage, or control all or any part of a plant or equipment for the production, transmission, delivery, or furnishing of water either directly or indirectly for the public.

196.01(5)(b)8. 8. A person who satisfies all of the following:

196.01(5)(b)8.a. a. The person supplies electricity through the person’s electric vehicle charging station to charge electric vehicles.

196.01(5)(b)8.b. b. The person charges a fee for using the electric vehicle charging station that is based on the amount of kilowatt-hours of electricity that the user consumes.

196.01(5)(b)8.c. c. The person is a retail customer of an electric utility, as defined in s. 16.957 (1) (g), or a retail electric cooperative, as defined in s. 16.957 (1) (t).

196.01(5)(b)8.d. d. All of the electricity supplied by the electric vehicle charging station is supplied to the person by the electric utility or electric cooperative that provides service to the person.

196.01(5)(b)8.e. e. Other than engaging in the activity described in this subdivision, the person does not directly or indirectly provide electricity to the public.

196.01(6) (6) “Railroad” has the meaning given under s. 195.02.

196.01(7) (7) “Service” is used in its broadest and most inclusive sense.

196.01(8) (8) “Small telecommunications utility” means any telecommunications utility or a successor in interest of a telecommunications utility that provided landline local and access telecommunications service as of January 1, 1984, and that has less than 50,000 access lines in use in this state.

196.01(8d) (8d) “Switched access rates” means the rates, rate elements, and rate structure, including all applicable fixed and traffic sensitive charges, that a telecommunications provider charges for the provision of switched access services.

196.01(8e) (8e) “Switched access service” means the offering of switched access to a local exchange network for the purpose of enabling an entity to originate or terminate telecommunications service within the local exchange.

196.01(8m) (8m) “Telecommunications carrier” means any person that owns, operates, manages or controls any plant or equipment used to furnish telecommunications services within the state directly or indirectly to the public but does not provide basic local exchange service, except on a resale basis. “Telecommunications carrier” does not include an alternative telecommunications utility or a commercial mobile radio service provider.

196.01(8p) (8p) “Telecommunications provider” means any person who provides telecommunications services.

196.01(9) (9) “Telecommunications reseller” or “reseller” means a telecommunications utility that resells message telecommunications service, wide-area telecommunications services or other telecommunications services which have been approved for reselling by the commission.

196.01(9m) (9m) “Telecommunications service” means the offering for sale of the conveyance of voice communication, including the sale of service for collection, storage, forwarding, switching, and delivery incidental to such communication, regardless of the technology or mode used to make such offering. “Telecommunications service” includes switched access service. “Telecommunications service” does not include cable service or broadcast service.

196.01(10) (10) “Telecommunications utility” means any person, corporation, company, cooperative, unincorporated cooperative association, partnership, association and lessees, trustees or receivers appointed by any court that owns, operates, manages or controls any plant or equipment used to furnish telecommunications services within the state directly or indirectly to the public. “Telecommunications utility” does not include a telecommunications carrier.

196.01(12g) (12g) “Video service” has the meaning given in s. 66.0420 (2) (y).

196.01(12r) (12r) “Video service provider” has the meaning given in s. 66.0420 (2) (zg), and also includes an interim cable operator, as defined in s. 66.0420 (2) (n).

196.01(12w) (12w) 

196.01(12w)(a) (a) “Wholesale telecommunications service” means, except as provided in par. (b), a service that satisfies all of the following:

196.01(12w)(a)1. 1. The service is provided by a telecommunications provider to another telecommunications provider other than an affiliate, as defined in s. 196.212 (1) (a).

196.01(12w)(a)2. 2. The service is subject to regulation by the commission under this chapter.

196.01(12w)(a)3. 3. The service is subsequently used in the provision of a telecommunications service to retail end users.

196.01(12w)(b) (b) “Wholesale telecommunications service” does not include switched access service.

196.01(13) (13) “Wide-area telecommunications service” means the offering of message-based telecommunications service using a single, dedicated access line at the originating end of the call at a significant volume-based discount.

196.01 History History: 1977 c. 29, 418; 1981 c. 390; 1983 a. 27, 53, 76, 192, 425, 538; 1985 a. 79, 1985 a. 297 ss. 14 to 22, 39; 1987 a. 27; 1989 a. 344; 1993 a. 121, 496; 1995 a. 46, 409; 1997 a. 184, 218, 229; 1999 a. 9, 32, 53; 1999 a. 150 s. 672; 2001 a. 16; 2005 a. 441; 2007 a. 42; 2011 a. 22; 2013 a. 125; 2017 a. 59; 2023 a. 121.

196.01 Annotation The PSC may determine that a holding company, formed by a public utility corporation to engage in non-utility business ventures, is itself a public utility when the holding company possesses the power to control utility plants or equipment or when the arrangement is a device to evade regulatory jurisdiction. 71 Atty. Gen. 147.

196.012 196.012 Interstate commerce. This chapter applies to interstate commerce only so far as the constitution and laws of the United States permit.

196.012 History History: 2005 a. 179 s. 99; Stats. 2005 s. 196.012.

196.015 196.015 Total service long-run incremental cost.

196.015(1) (1) In this section, “basic network function” means the smallest disaggregation of local exchange transport, switching and loop functions that is capable of being separately listed in a tariff and offered for sale.

196.015(2) (2) In this chapter, total service long-run incremental cost is calculated as the total forward-looking cost, using least cost technology that is reasonably implementable based on currently available technology, of a telecommunications service, relevant group of services, or basic network function that would be avoided if the telecommunications provider had never offered the service, group of services, or basic network function or, alternatively, the total cost that the telecommunications provider would incur if it were to initially offer the service, group of services, or basic network function for the entire current demand, given that the telecommunications provider already produces all of its other services.

196.015 History History: 1993 a. 496.

196.016 196.016 Relationship to certain federal telecommunications law. Except as provided in s. 196.50 (2) (j) 2. and 3., nothing in this chapter is intended to either reduce or expand the scope and application of the federal Telecommunications Act of 1996, P.L. 104-104, including the jurisdiction and authority granted to the commission thereunder, and the commission may take any action that the commission is authorized to take under that federal act.

196.016 History History: 2011 a. 22.

196.02 196.02 Commission’s powers.

196.02(1) (1) Jurisdiction. The commission has jurisdiction to supervise and regulate every public utility in this state and to do all things necessary and convenient to its jurisdiction.

196.02(2) (2) Definition; classification. The commission shall provide for a comprehensive classification of service for each public utility. The classification may take into account the quantity used, the time when used, the purpose for which used, and any other reasonable consideration. Each public utility shall conform its schedules of rates, tolls and charges to such classification.