Chapter ATCP 123

subch. I of ch. ATCP 123 Subchapter I — Definitions and General Provisions

ATCP 123.01 ATCP 123.01 Definitions. In this chapter:

ATCP 123.01(1) (1) “Appointed provider of long distance telecommunications services” means a provider of long distance telecommunications services selected for a consumer according to procedures prescribed by the federal communications commission after the consumer fails to select a provider.

ATCP 123.01(2) (2) “Bill” means to represent to a consumer, directly or by implication, that the consumer is obligated to pay a stated amount for electronic communications service pursuant to an existing contract with the provider of that service.

ATCP 123.01(3) (3) “Consumer” means any individual to whom a provider sells, leases, or offers to sell or lease an electronic communications service primarily for personal, family, or household purposes.

ATCP 123.01(4) (4) “Disclose” means to make a clear and conspicuous statement that is designed to be readily noticed and understood by the consumer and, if the disclosure is made in writing, which is designed to be retained by the consumer.

ATCP 123.01(5) (5) “Electronic communications service” means a service, such as telecommunications service, video service, cable service as defined under 47 USC 522(6), service provided by a multichannel video programming distributor as defined under 47 USC 522(13), and internet access service as defined in 47 USC 231(e)(4), which involves the conveyance of voice, data, video programming, or other information at any frequency over any part of the electromagnetic spectrum. “Electronic communications service” includes the collection, storage, forwarding, switching, and delivery of information incidental to the electronic communications service. “Electronic communications service” does not include broadcast service as defined in s. 196.01 (1m), Stats., or the transmission of information by means of non-electronic media such as hard-copy newspapers or magazines.

ATCP 123.01(6) (6) “Individual” means a human being.

ATCP 123.01(7) (7) “Long distance telecommunications service” means a long distance toll service provided on a direct-dialed, single message, dial-1 basis between local exchanges.

ATCP 123.01(8) (8) “Person” means an individual, corporation, cooperative, partnership, limited liability company, business trust, or business association or entity.

ATCP 123.01(9) (9) “Provider” means a person that sells, resells, leases, or offers to sell, resell, or lease an electronic communications service to consumers. “Provider” includes an employee or agent that is authorized to act on behalf of, and in the name of, a provider.

ATCP 123.01 Note Note: For example, “provider” includes a telemarketer or other person who sells electronic communications service on behalf of, and in the name of, a provider.

ATCP 123.01(10) (10) “Service offering” means an electronic communications service that is offered under a single name or at a single price. A “service offering” includes a category of electronic communications service for which a separate rate is charged by the provider.

ATCP 123.01(11) (11) “Subscribe” means to enter into a subscription.

ATCP 123.01(12) (12) “Subscription” means a contract between a provider and a consumer for an electronic communications service that is provided or billed to the consumer on a continuing or periodic basis. “Subscription” includes an oral, written, or electronically recorded contract, and includes any material amendment to an existing contract.

ATCP 123.01(13) (13) “Telecommunications service” has the meaning given in s. 196.01 (9m), Stats.

ATCP 123.01(14) (14) “Video programming” has the meaning given in s. 66.0420 (2) (x), Stats.

ATCP 123.01(15) (15) “Video service” has the meaning given in s. 66.0420 (2) (y), Stats.

ATCP 123.01(16) (16) “Written” or “in writing” means legibly printed on a tangible non-electronic medium, such as paper, which is delivered to a consumer, or legibly printed in electronic form on a television screen or computer monitor if the consumer can readily retrieve, store, or print the video image for future reference. “Written” or “in writing” does not include presentation on a medium, such as a billboard, which cannot be conveniently retained by a consumer.

ATCP 123.01 History History: Cr. Register, July, 1996, No. 487, eff. 1-1-97; correction in (3) made under s. 13.93 (2m) (b) 7., Register November 2002 No. 563; CR 08-027: r. and recr. Register December 2008 No. 636, eff. 1-1-09; corrections in (14) and (15) made under s. 13.92 (4) (b) 7., Stats., Register April 2009 No. 640.

subch. II of ch. ATCP 123 Subchapter II — Subscription and Billing Practices

Subch. II of ch. ATCP 123 Note Note: This subchapter regulates subscription and billing practices related to telecommunications services and cable television services provided to consumers.

Subch. II of ch. ATCP 123 Note This subchapter is adopted under authority of ss. 100.20 (2) and 100.207 (6) (e), Stats. Violations of this chapter may be subject to prosecution under ss. 100.20 (6), 100.26 (3) and (6) and, in the case of telecommunications services, s. 100.207 (6) (b) and (c), Stats. Persons damaged by violations of this subchapter may bring private actions against the violators under ss. 100.20 (5) and 100.207 (6) (a), Stats.

Subch. II of ch. ATCP 123 Note State administrative rules may, under certain circumstances, be preempted by federal law or administrative action. A provision of this subchapter that conflicts with federal law may be preempted.

ATCP 123.02 ATCP 123.02 Disclosure to subscriber.

ATCP 123.02(1) (1) Subscription terms. Except as provided under sub. (4) or (5), a provider shall disclose to a consumer the material terms of a proposed subscription at or before the time that the consumer subscribes. The disclosure shall include all of the following:

ATCP 123.02(1)(a) (a) A clear identification of each service offering included in the subscription, including the material consumer features, functions, or capabilities which comprise that service offering.

ATCP 123.02 Note Note: For example, the identification of a video service offering should identify the channels that comprise the offering.

ATCP 123.02(1)(b) (b) The price which the consumer must pay for each service offering. Prices may be disclosed as price schedules, rates, or formulas, provided that the consumer can readily determine the total amount which he or she must pay. The price shall include the price for all goods and services which the provider bills to the consumer in connection with the service offering.

ATCP 123.02(1)(c) (c) All incidental charges that may affect the total amount payable by the consumer, including charges for connecting, changing, or disconnecting service. This paragraph does not apply to finance charges or late payment charges if the provider discloses all of the following in writing when the provider first bills the consumer for the principal amount to which those finance charges or late payment charges apply:

ATCP 123.02(1)(c)1. 1. The circumstances under which the finance charges or late payment charges will apply.

ATCP 123.02(1)(c)2. 2. The amount of the finance charges or late payment charges, or the method for computing those charges if their amount is not yet known.

ATCP 123.02(1)(d) (d) The effective date of the subscription unless all of the following apply:

ATCP 123.02(1)(d)1. 1. The effective date depends on the action of a third party outside the provider’s control.

ATCP 123.02(1)(d)2. 2. The provider discloses a good faith estimate of the effective date and a means by which the consumer may verify the effective date.

ATCP 123.02(1)(e) (e) The expiration date of the subscription, if any.

ATCP 123.02(1)(f) (f) Any limitations on the consumer’s right to cancel the subscription at any time.

ATCP 123.02(2) (2) Disclosure in writing. Except as provided under sub. (3), a provider shall make the disclosures under sub. (1) in writing. The provider shall disclose the material terms of the subscription in context with each other, and shall not separate those material terms by promotional information.

ATCP 123.02(3) (3) Oral or electronic disclosure; written confirmation. If a consumer subscribes orally or electronically, the provider may make the disclosure under sub. (1) orally or electronically, provided that both of the following apply:

ATCP 123.02(3)(a) (a) The provider confirms the disclosure in writing on or before the 15th day after the consumer subscribes, or on or before the day that the provider first bills the consumer under the subscription, whichever is later. The provider may confirm the disclosure as part of a regular billing statement to the consumer.

ATCP 123.02 Note Note: A provider may incorporate by reference, in its written confirmation under par. (a), information contained in a telephone book or other periodic reference document provided to the subscriber.

ATCP 123.02(3)(b) (b) The provider does one of the following:

ATCP 123.02(3)(b)1. 1. Notifies the consumer that the consumer may cancel the subscription at any time without incurring any cancellation charge or disconnect fee.

ATCP 123.02(3)(b)2. 2. Notifies the consumer that the consumer may cancel the subscription, without incurring any cancellation charge or disconnect fee, prior to a specified cancellation deadline which is not less than 3 days after the consumer receives the written confirmation under par. (a).

ATCP 123.02(4) (4) Long distance telecommunications rates; exemption. A provider of long distance telecommunications services need not disclose specific long distance rates under sub. (1) if the provider discloses all of the following under sub. (1):

ATCP 123.02(4)(a) (a) A method by which the consumer may readily determine, without cost to the consumer, the specific rate for long distance telecommunications service between two points. Rates disclosures under this paragraph need not include discounts under par. (b) that will apply.

ATCP 123.02(4)(b) (b) Any discounts that will apply to long distance rates disclosed to the consumer under par. (a).

ATCP 123.02(5) (5) Pay-per-view video programming charges; exemption. A provider of pay-per-view video programming is not required to disclose per-view charges under sub. (1) if all of the following apply:

ATCP 123.02(5)(a) (a) The consumer does not incur the per-view charges unless the consumer specifically orders the services to which those charges pertain.

ATCP 123.02(5)(b) (b) The provider discloses the per-view charges at or before the time that the consumer orders the services to which those charges pertain.

ATCP 123.02(5)(c) (c) The provider discloses under sub. (1) any subscription charges which the consumer must pay for the right to order pay-per-view services under par. (a).

ATCP 123.02 History History: Cr. Register, July, 1996, No. 487, eff. 1-1-97; CR 08-027: am. (5) (title) and (intro.) Register December 2008 No. 636, eff. 1-1-09.

ATCP 123.04 ATCP 123.04 Subscription changes.

ATCP 123.04(1) (1) Disclosure required. Except as provided under sub. (2), no provider may initiate any price increase or other subscription change without giving the consumer prior notice of that price increase or subscription change. The provider shall give the notice at least 25 days, but not more than 90 days, prior to the subscription change. The provider may give the notice as part of a regular billing statement to the consumer.

ATCP 123.04 Note Note: Section 100.209 (2), Stats., requires a multichannel video programming distributor, as defined in 47 USC 522 (13), to give a consumer at least 30 days advance written notice before deleting a service or instituting a rate increase.

ATCP 123.04(2) (2) Exemptions. Subsection (1) does not apply if any of the following apply:

ATCP 123.04(2)(a) (a) The consumer orders the subscription change, and the provider complies with s. ATCP 123.02 in connection with that order.

ATCP 123.04(2)(b) (b) The subscription change does not alter the price of the service offering or the total amount billed to the consumer, and does not materially alter the consumer features, functions, or capabilities which comprise the service offering.

ATCP 123.04(2)(c) (c) The subscription change merely expands a service offering currently billed to the consumer without doing any of the following:

ATCP 123.04(2)(c)1. 1. Increasing the price of that service offering or increasing the total amount billed to the consumer.

ATCP 123.04(2)(c)2. 2. Combining that service offering with another service offering which the consumer can order separately, but which the consumer has not affirmatively ordered.

ATCP 123.04(2)(c)3. 3. Making other material changes to the consumer features, functions, or capabilities which comprise that service offering.

ATCP 123.04(2)(d) (d) The subscription change results from the expiration of terms granted to the consumer under an introductory or other promotional offer, provided that the provider disclosed both of the following to the consumer at or before the time that the consumer subscribed:

ATCP 123.04(2)(d)1. 1. The duration of the promotional offer.

ATCP 123.04(2)(d)2. 2. The terms that would apply after the promotional offer expired.

ATCP 123.04(2)(e) (e) The subscription change is limited to a change in long distance rates that are exempt from disclosure under s. ATCP 123.02 (4).

ATCP 123.04(2)(f) (f) The subscription change is limited to a change in pay-per-view video programming charges that are exempt from disclosure under s. ATCP 123.02 (5).

ATCP 123.04(2)(g) (g) Section ATCP 123.12 exempts the subscription change from coverage under this chapter.

ATCP 123.04(3) (3) Disclosure form and contents. A provider shall make the disclosure under sub. (1) in writing. The disclosure shall do all of the following:

ATCP 123.04(3)(a) (a) Clearly describe the proposed subscription change, including any change in price, and any material change in consumer features, functions, or capabilities.

ATCP 123.04 Note Note: See s. ATCP 123.06 related to negative option billing.

ATCP 123.04(3)(b) (b) Specify the effective date of the proposed change.

ATCP 123.04(3)(c) (c) Disclose that the consumer may cancel any service offering directly or indirectly affected by the change, without incurring a cancellation charge or disconnect fee, effective not later than the effective date of the subscription change. This disclosure is not required if, under the terms of the subscription, the consumer may cancel service offerings at any time without incurring a cancellation charge or disconnect fee.

ATCP 123.04 History History: Cr. Register, July, 1996, No. 487, eff. 1-1-97; CR 08-027: am. (2) (f) Register December 2008 No. 636, eff. 1-1-09.

ATCP 123.06 ATCP 123.06 Negative option billing.

ATCP 123.06(1) (1) Prohibition. Except as provided under subs. (2) or (3), no provider may bill a consumer for a service offering that the consumer has not affirmatively ordered. A consumer’s failure to reject a service offering is not an affirmative order for service. A consumer’s affirmative order for service may be made orally, electronically, or in writing, subject to s. ATCP 123.02.

ATCP 123.06(2) (2) Expanded service offering; exemption. A provider need not obtain an affirmative order from a consumer before expanding a service offering currently billed to that consumer unless the expansion has the effect of combining that service offering with another service offering which the consumer can order separately but has not affirmatively ordered.

ATCP 123.06 Note Note: See s. ATCP 123.04 related to advance notice of price increases and other subscription changes, including expansions of service offerings.

ATCP 123.06(3) (3) Long distance telecommunications services; exemptions.

ATCP 123.06(3)(a) (a) Subsection (1) does not prohibit a provider of telecommunications services from billing a consumer for services which that provider is required by law to deliver to that consumer.

ATCP 123.06(3)(b) (b) Subsection (1) does not prohibit a consumer’s appointed provider of long distance telecommunications services, merely because that consumer did not affirmatively select that provider, from billing that consumer for services used by that consumer.

ATCP 123.06 History History: Cr. Register, July, 1996, No. 487, eff. 1-1-97.

ATCP 123.08 ATCP 123.08 Automatic renewal or extension. No subscription for a definite period of time may be renewed or extended beyond its scheduled termination date, pursuant to an automatic renewal or extension provision in the contract, unless one of the following applies:

ATCP 123.08(1) (1) The consumer is free to cancel the contract at any time.

ATCP 123.08(2) (2) The provider gives the consumer a written notice reminding the consumer of the scheduled automatic renewal or extension. The reminder notice shall be designed to be readily noticed and understood by the consumer. The notice shall be given at least 30 days but not more than 60 days prior to the scheduled effective date of the automatic renewal or extension.

ATCP 123.08 Note Note: A written notice under this section may be included as part of any billing statement given to the consumer at least 30 days but not more than 60 days prior to the effective date of the automatic renewal.

ATCP 123.08 History History: Cr. Register, July, 1996, No. 487, eff. 1-1-97.

ATCP 123.10 ATCP 123.10 Prohibited practices. No provider may do any of the following:

ATCP 123.10(1) (1) Offer to a consumer any prize, prize opportunity, or free or reduced price goods or services whose receipt is conditioned upon an agreement to purchase or lease an electronic communications service unless the provider discloses that purchase or lease requirement in connection with every public announcement or advertisement of the prize, prize opportunity, or free or reduced price goods or services.