Chapter ATCP 123

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.

ATCP 123.10 Note Note: See also s. 134.74, Stats., and s. ATCP 123.02.

ATCP 123.10(2) (2) Misrepresent the provider’s identity to a consumer.

ATCP 123.10(3) (3) Misrepresent that a consumer has subscribed to or received an electronic communications service.

ATCP 123.10(4) (4) Misrepresent the terms of a subscription.

ATCP 123.10(5) (5) Fail to identify, in each bill presented to a consumer, the service offerings for which the provider is billing the consumer.

ATCP 123.10(6) (6) Fail to honor, on a timely basis, a consumer’s request to cancel an electronic communications service according to this chapter and the terms of the subscription for that service.

ATCP 123.10(7) (7) Charge a consumer a fee for canceling a subscription or service offering unless the fee is disclosed to the consumer according to ss. ATCP 123.02 and 123.04.

ATCP 123.10 Note Note: Section ATCP 123.04 (2) limits cancellation charges and disconnect fees in some cases, regardless of whether those fees are disclosed.

ATCP 123.10(8) (8) Bill a consumer for an electronic communications service in violation of this chapter.

ATCP 123.10(9) (9) Propose or enter into any contract with a consumer that purports to waive a consumer’s rights under this chapter, or that purports to authorize any violation of this chapter.

ATCP 123.10 History History: Cr. Register, July, 1996, No. 487, eff. 1-1-97; CR 08-027: am. (1), (3), (6) and (8) Register December 2008 No. 636, eff. 1-1-09.

ATCP 123.12 ATCP 123.12 Activities regulated by public service commission.

ATCP 123.12(1) (1) This subchapter does not apply to any activity, including any notice to a consumer of a subscription change, that is specifically authorized under s. 196.204 or 196.499 (4), Stats., or under a rule or order issued by the state of Wisconsin public service commission.

ATCP 123.12(2) (2) This subchapter does not authorize any activity prohibited by ch. 196, Stats., or by the state of Wisconsin public service commission under ch. 196, Stats.

ATCP 123.12 History History: Cr. Register, July, 1996, No. 487, eff. 1-1-97; CR 08-027: am. (1) (b) Register December 2008 No. 636, eff. 1-1-09; CR 08-067: am. (1) (intro.) and (2) Register July 2009 No. 643, eff. 8-1-09; corrections in (1) (a), (b) made under s. 13.92 (4) (b) 7., Stats., Register April 2013 No. 688; CR 14-047: consol. (1) (intro.) and (a) and renum. (1) and am., r. (1) (b) Register May 2015 No. 713, eff. 6-1-15.

subch. III of ch. ATCP 123 Subchapter III — Customer Access to Video Services

Subch. III of ch. ATCP 123 Note Note: Pursuant to 2007 Wisconsin Act 42, this subchapter interprets s. 66.0420 (8), Stats., which regulates customer access to video services and prohibits discriminatory practices by video service providers. Act 42 does not authorize the department to take enforcement action against video service providers who violate s. 66.0420 (8), Stats., or this subchapter. However, affected individuals, municipalities, interim cable operators, or video service providers adversely affected by violations of s. 66.0420 (8), Stats., or this subchapter may initiate legal action against the violator to the extent authorized by law.

ATCP 123.20 ATCP 123.20 Definitions. In this subchapter:

ATCP 123.20(1) (1) “Alternative technology” means a technology, other than satellite service, that is not part of the provider’s normal video service network but that does all of the following:

ATCP 123.20(1)(a) (a) Offers service, functionality, and content demonstrably similar to the service, functionality, and content provided through the provider’s normal video service network.

ATCP 123.20(1)(b) (b) Provides access to PEG channels, as defined in s. 66.0420, Stats., and messages broadcast over the emergency alert system.

ATCP 123.20(2) (2) “Basic local exchange service area” has the meaning given in s. 66.0420 (2) (b), Stats.

ATCP 123.20(3) (3) “Cable service” has the meaning given in s. 66.0420 (2) (e), Stats.

ATCP 123.20(4) (4) “Franchise area” means the geographic area covered by a state franchise.

ATCP 123.20(5) (5) “Group” means 2 or more households.

ATCP 123.20(6) (6) “Household” has the meaning given in s. 66.0420 (2) (k), Stats.

ATCP 123.20(7) (7) “Incumbent cable operator” has the meaning given in s. 66.0420 (2) (L), Stats.

ATCP 123.20(8) (8) “Large telecommunications video service provider” has the meaning given in s. 66.0420 (2) (p), Stats.

ATCP 123.20(9) (9) “Low-income household” means a household with a combined annual income that is not more than 200% of the poverty level for a family of 3 as defined by 42 USC 9902(2).

ATCP 123.20(10) (10) “State franchise” means a video service franchise issued by the Wisconsin department of financial institutions under s. 66.0420, Stats.

ATCP 123.20(11) (11) “Telecommunications video service provider” has the meaning given in s. 66.0420 (2) (v), Stats.

ATCP 123.20(12) (12) “Video service access” means the availability of video service to a household at the household address which the video service provider is able to provide using the video service provider’s video service network or an alternate technology, regardless of whether any customer has ordered the service.

ATCP 123.20(13) (13) “Video service network” has the meaning given in s. 66.0420 (2) (zb), Stats.

ATCP 123.20(14) (14) “Video service provider” has the meaning given in s. 66.0420 (2) (zg), Stats.

ATCP 123.20 History History: CR 08-067: cr. Register July 2009 No. 643, eff. 8-1-09; correction in (11) made under s. 13.92 (4) (b) 7., Stats., Register July 2009 No. 643.

ATCP 123.22 ATCP 123.22 Discrimination prohibited.

ATCP 123.22(1) (1) No video service provider that offers a video service under a state franchise may fail to provide video service access to any group of potential residential customers in the franchise area because of the race or income of residents in any local area in which all of the potential residential customers comprising the group are located.

ATCP 123.22(2) (2) In an action alleging discrimination based on income under sub. (1), it is a defense for the video service provider to prove any of the following:

ATCP 123.22(2)(a) (a) The video service provider has provided the video service under the state franchise for less than 3 years, or for less than an extended time period specified by the department under s. ATCP 123.26.

ATCP 123.22(2)(b) (b) At least 30 percent of the households with access to the video service in the franchise area are low-income households.

ATCP 123.22 History History: CR 08-067: cr. Register July 2009 No. 643, eff. 8-1-09.

ATCP 123.24 ATCP 123.24 Large telecommunications video service provider; customer access to video service.

ATCP 123.24(1) (1) Access requirements. A large telecommunications video service provider that offers a video service under a state franchise shall do all of the following:

ATCP 123.24(1)(a) (a) Provide video service access to at least 35 percent of the households within the large telecommunications video service provider’s basic local exchange service area included in the franchise area, beginning within 3 years after the date on which the large telecommunications video service provider first provides video service in that basic local exchange service area under the state franchise.

ATCP 123.24(1)(b) (b) Provide video service access to at least 50 percent of the households within the large telecommunications video service provider’s basic local exchange service area included in the franchise area, beginning by the later of the following dates:

ATCP 123.24(1)(b)1. 1. The 5th anniversary of the date on which the provider first provides video service in that basic local exchange service area under the state franchise.

ATCP 123.24(1)(b)2. 2. The 2nd anniversary of the first date on which at least 30 percent of the households having access to the video service in its basic local exchange service area have subscribed to that service for at least 6 consecutive months.

ATCP 123.24(2) (2) Annual progress report. A large telecommunications video service provider shall file an annual written report with the department, documenting the provider’s progress in complying with sub. (1). The provider shall file the report on or before January 31 of each year, beginning with the first calendar year after the provider first provides video service under a state franchise. The provider shall file an annual report until the department makes a written determination that the provider has fully complied with sub. (1).

ATCP 123.24 History History: CR 08-067: cr. Register July 2009 No. 643, eff. 8-1-09.

ATCP 123.26 ATCP 123.26 Extension or waiver.

ATCP 123.26(1) (1) Department may grant extension or waiver. In response to a request from a video service provider under sub. (2), the department may by order do any of the following:

ATCP 123.26(1)(a) (a) Extend the applicable time period under s. ATCP 123.22 (2) (a).

ATCP 123.26(1)(b) (b) Extend the deadline for compliance with an access requirement under s. ATCP 123.24 (1).

ATCP 123.26(1)(c) (c) Waive an access requirement under s. ATCP 123.24 (1).

ATCP 123.26(2) (2) Request for extension or waiver. A video service provider may request an extension or waiver under sub. (1) by filing a written request with the department. The video service provider shall file the request and supporting information with the department in hard copy form, and in an electronic form that is acceptable to the department. The request shall include all of the following information:

ATCP 123.26(2)(a) (a) The nature and scope of the requested extension or waiver.

ATCP 123.26(2)(b) (b) The justification for the extension or waiver under s. 66.0420 (8) (c), Stats., the facts supporting that justification, and relevant evidence documenting the facts.

ATCP 123.26(2)(c) (c) The names and addresses of individuals, including expert witnesses if any, who are available to testify regarding the facts or justification under par. (b).

ATCP 123.26(2)(d) (d) Relevant supplementary information, if any, requested by the department.

ATCP 123.26(3) (3) Proposed order. Within 30 business days after the department receives a complete request under sub. (2), the department shall issue a proposed order granting the request, denying the request, or granting the request with modifications. The department shall issue a news release announcing the proposed order, and soliciting public comment on the proposed order. The department may schedule one or more public hearings on the proposed order.

ATCP 123.26(4) (4) Final order. Within 60 business days after the department issues a proposed order under sub. (3), the department shall issue a final order. If the final order differs from the proposed order, the department shall explain the reason for the modification.

ATCP 123.26 History History: CR 08-067: cr. Register July 2009 No. 643, eff. 8-1-09; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register July 2009 No. 643.

ATCP 123.28 ATCP 123.28 Video service access requirements; limitations.

ATCP 123.28(1) (1) This subchapter does not require a telecommunications video service provider to provide video service outside the provider’s basic local exchange service area.

ATCP 123.28(2) (2) This subchapter does not require an incumbent cable operator to provide video service outside the area in which the incumbent cable operator provided cable service when the Wisconsin department of financial institutions first issued a state franchise to the incumbent cable operator.

ATCP 123.28 History History: CR 08-067: cr. Register July 2009 No. 643, eff. 8-1-09.