Chapter PSC 160

PSC 160.06(1)(c) (c) If an eligible telecommunications carrier cannot verify an applicant’s eligibility under par. (a) or (b), in addition to the households considered low-income under the definition in s. PSC 160.02 (21), the ETC shall consider a household that receives benefits from federal public housing assistance (section 8) to be low-income.

PSC 160.06(2) (2) Eligibility reverification. An eligible telecommunications carrier shall reverify eligibility on at least an annual basis for all customers receiving lifeline assistance. The eligible telecommunications carrier shall first attempt to reverify eligibility by making timely queries of the applicable databases of the Wisconsin department of health services, the Wisconsin department of revenue, or other government agencies designated by the commission.

PSC 160.06(3) (3) Eligibility inquiry. Eligible telecommunications carriers other than federal-only ETCs shall inquire of each customer regarding eligibility of that customer for low-income programs on each order for initial or moved residential service and, orally or in writing, in the first contact with the customer during a year concerning disconnection or payment arrangements.

PSC 160.06(4) (4) Query authorization.

PSC 160.06(4)(a) (a) Customers shall complete and remit any reasonably required query authorization forms or forfeit eligibility.

PSC 160.06(4)(b) (b) Eligible telecommunications carriers shall obtain whatever customer authorization is required by the Wisconsin department of health services, the Wisconsin department of revenue, or other government agencies for the database queries necessary for eligibility verification. The commission may revoke the eligible telecommunications carrier designation and order the forfeiture of reimbursements if it accesses a customer’s database information without that customer’s authorization. The commission may also refer the eligible telecommunications carrier to the Wisconsin department of justice or other state agency for appropriate action.

PSC 160.06(5) (5) Applicant requirements. Notwithstanding any other provision of this section, an applicant is only eligible for low-income assistance programs under this chapter if the applicant provides all of the information required under state and federal law.

PSC 160.06 History History: Cr. Register, April, 1996, No. 484, eff. 5-1-96; renum. (1) to be (1) (intro.) and am. (1) (intro.), renum. (5) (a) to be (5), cr. (1) (a) to (c), am. (3) and (4), r. (5) (b), Register, April, 2000, No. 532, eff. 5-1-00; CR 13-068: renum. (1) to (1) (a) and am. (a) (intro.), 1., 2., r. (1) (a) 3., cr. (1) (a) 3., 4., (b), (c), am. (2), (3), renum. (4) to (4) (b) and am., cr. (4) (a), r. and recr. (5) Register January 2016 No. 721, eff. 2-1-16.

PSC 160.061 PSC 160.061 Link-up program. The commission may fund programs to identify and provide monetary assistance to low-income persons who are unlikely to be able to obtain telecommunications service without such assistance. Such programs may include customers who qualify for federal universal service fund support for eligible residents of tribal lands under 47 CFR 54.400 et seq.

PSC 160.061 History History: Cr. Register, April, 1996, No. 484, eff. 5-1-96; am. (1) and (6), Register, April, 2000, No. 532, eff. 5-1-00; CR 13-068: r. and recr. Register January 2016 No. 721, eff. 2-1-16.

PSC 160.062 PSC 160.062 Lifeline program.

PSC 160.062(1) (1) Definitions.

PSC 160.062(1)(a) (a) For purposes of subs. (2) to (7), “eligible telecommunications carrier” or “ETC” means only full and low-income ETCs, and does not include federal-only ETCs.

PSC 160.062(1)(b) (b) For purposes of this section, “line” means an access line, service to an activated wireless handset, or service to an internet connection used as a substitute for a traditional telecommunications connection.

PSC 160.062(1)(c) (c) For purposes of this section, “lifeline monthly rate” means the lifeline base rate under sub. (2) minus the lifeline adjustment under sub. (2g) or (2r).

PSC 160.062(1g) (1g) Applicability. An eligible telecommunications carrier may apply the lifeline adjustment under sub. (2g) to any residential service that includes voice service, including bundles of voice and data services, and bundles that include optional calling features such as caller identification, call waiting, voice mail and three-way calling.

PSC 160.062(1r) (1r) Eligibility.

PSC 160.062(1r)(a) (a) All eligible telecommunications carriers shall offer to all qualified low-income customers a lifeline adjustment to the customer’s rate for either of the following:

PSC 160.062(1r)(a)1. 1. Essential telecommunications service, whether stand-alone or as part of a service package.

PSC 160.062(1r)(a)2. 2. Internet access, if the customer demonstrates that, because of his or her disability other than cognitive impairment, certified under s. PSC 160.071 (1), the customer requires internet access that is adequate to support service that is substitutable for and comparable to essential telecommunications service.

PSC 160.062 Note Note: An example under subd. 2. is a video relay service.

PSC 160.062 Note Note: Subd. 2. does not require a provider to offer internet access service. If provider offers a service needed under subd. 2., or bills for such a service provided by an affiliate, the provider applies the lifeline adjustment to the price of that service and collects some of the payment from the customer and some from the USF.

PSC 160.062(1r)(b) (b) An ETC taking an application for the lifeline program shall do the following:

PSC 160.062(1r)(b)1. 1. Unless the ETC uses a state or federal duplication prevention database, ask the applicant if he or she is currently receiving a lifeline adjustment on any other line.

PSC 160.062(1r)(b)2. 2. Require the applicant to certify that he or she is not currently receiving a lifeline adjustment on any other line or from any other provider.

PSC 160.062(1r)(b)3. 3. Only offer and apply the lifeline adjustment on one line.

PSC 160.062(1r)(b)4. 4. Ensure that any federal requirements about lifeline are met.

PSC 160.062 Note Note: For example, see 47 CFR 54.410 regarding use of state databases for eligibility verification.

PSC 160.062(1r)(c) (c) A customer may not request a lifeline adjustment on more than one line. An ETC shall not apply the lifeline adjustment unless the customer has certified under par. (b) that the customer is not receiving a lifeline adjustment on another line or from any other provider.

PSC 160.062(1r)(d) (d) If an ETC becomes aware that a customer is receiving a lifeline adjustment on more than one line or from more than one provider, the ETC shall provide notice and take action under sub. (4) to ensure that the customer receives a lifeline adjustment on only one line.

PSC 160.062(2) (2) Lifeline base rate. The lifeline base rate is one of the following:

PSC 160.062(2)(a) (a) For an eligible telecommunications carrier offering local service on a stand-alone basis, the sum of:

PSC 160.062(2)(a)1. 1. The in-state charges and fees for stand-alone single-party residential service with touch-tone, including, as applicable, all of the following:

PSC 160.062(2)(a)1.a. a. Police and fire protection fee.

PSC 160.062(2)(a)1.b. b. State universal service fund assessment.

PSC 160.062(2)(a)1.c. c. Remainder assessment.

PSC 160.062(2)(a)1.d. d. Telecommunications utility trade practices assessment.

PSC 160.062(2)(a)2. 2. Any 911 charges billed on the telephone bill.

PSC 160.062(2)(a)3. 3. The federal subscriber line charge.

PSC 160.062(2)(a)4. 4. The access recovery charge.

PSC 160.062(2)(a)5. 5. The charge for 120 local calls, excluding extended community calling calls.

PSC 160.062(2)(a)6. 6. Other charges as approved by the commission.

PSC 160.062(2)(b) (b) $25, if the eligible telecommunications carrier does not offer local service on a stand-alone basis, and only offers it as part of a service package.

PSC 160.062(2)(c) (c) The commission may authorize a different lifeline base rate based on the particular facts and circumstances concerning an eligible telecommunications carrier’s local service or internet access charges.

PSC 160.062(2g) (2g) Lifeline adjustment.

PSC 160.062(2g)(a) (a) Except as provided in par. (b) and sub. (2r):

PSC 160.062(2g)(a)1. 1. If the lifeline base rate is $25 or less, the lifeline adjustment shall be $10.

PSC 160.062(2g)(a)2. 2. If the lifeline base rate is greater than $25, the lifeline adjustment shall be the lesser of the following:

PSC 160.062(2g)(a)2.a. a. The amount necessary to reduce the lifeline monthly rate to $15.

PSC 160.062(2g)(a)2.b. b. The maximum reimbursement available under 47 CFR 54.403, plus $9.25.

PSC 160.062 Note Note: Subsection (2g) (a) 2. b. caps the adjustment at, essentially, double the maximum amount available from the federal USF at the time the rules went into effect. In the future, the amount available from the federal USF may increase, but the state portion is frozen at $9.25 so that if, for example, the federal subscriber line charge is raised and paid for through the federal USF, the state does not automatically increase its reimbursement portion. This step was taken to protect the state fund by blocking any automatic increase in state reimbursement due to federal action.

PSC 160.062(2g)(b) (b) If the ETC offers prepaid wireless service, the lifeline adjustment for that service shall be the greater of the following:

PSC 160.062(2g)(b)1. 1. The number of minutes that, when calculated using the lowest per minute rate the ETC offers to its prepaid wireless customers, equals or exceeds the value of the adjustment under par. (a) that would otherwise apply.

PSC 160.062(2g)(b)2. 2. The number of minutes recognized by the federal communications commission as an acceptable compliance plan provision for that provider.

PSC 160.062(2g)(c) (c) The adjustment under par. (a) 1. shall be increased automatically if both of the following occur:

PSC 160.062(2g)(c)1. 1. A federal communications commission order or a change in federal law causes an increase in a customer’s lifeline base rate.

PSC 160.062(2g)(c)2. 2. The state reimbursement amount after the increased lifeline adjustment is not greater than it was before the federal communications commission order or change in federal law.

PSC 160.062 Note Note: A provider may petition the commission under s. PSC 160.01(2)(b) for an increased lifeline adjustment if the increased adjustment would increase the state reimbursement amount.

PSC 160.062(2g)(d) (d) Notwithstanding subs. (2g) and (2r), the lifeline adjustment for partial months of service shall follow the policy set by the federal universal service administration corporation or its successors.

PSC 160.062(2r) (2r) Adjustments for residents of tribal lands.

PSC 160.062(2r)(a) (a) When a customer qualifies for federal universal service fund support for eligible residents of tribal lands under 47 CFR 54.400 et seq.:

PSC 160.062(2r)(a)1. 1. If the lifeline base rate under sub. (2) is $25 or less, the lifeline adjustment shall be $10, plus whatever federal universal service fund support the customer qualifies for as an eligible resident of tribal lands.

PSC 160.062(2r)(a)2. 2. If the lifeline base rate under sub. (2) is greater than $25, the lifeline adjustment shall be the amount necessary to reduce the lifeline monthly rate to the level at which the adjustment results in a state reimbursement amount that is equal to what it would be under sub. (2g) (a) 2., plus whatever federal universal service fund support the customer qualifies for as an eligible resident of tribal lands.

PSC 160.062(2r)(b) (b) The adjustment under par. (a) 1. shall be increased automatically if both of the following occur:

PSC 160.062(2r)(b)1. 1. A federal communications commission order or a change in federal law causes an increase in a customer’s lifeline base rate.

PSC 160.062(2r)(b)2. 2. The state reimbursement amount after the increased adjustment is not greater than it was before the federal communications commission order or change in federal law.

PSC 160.062 Note Note: A provider may petition the commission under s. PSC 160.01(2) (b) for an increased lifeline adjustment if the increased adjustment would increase the state reimbursement amount.

PSC 160.062(3) (3) Showing the adjustment.

PSC 160.062(3)(a) (a) Except as provided in par. (b), the eligible telecommunications carrier shall show the lifeline adjustment either as an adjustment to the full tariffed or standard rate on a customer’s bill or as a special rate designation. Whenever possible, the eligible telecommunications carrier shall begin showing the lifeline adjustment or rate on an eligible customer’s bill on the next bill date following the date of application for lifeline assistance. If the ETC does not apply the lifeline adjustment or rate on the next bill date, when the ETC does apply the credit it shall be applied back to the date of application.

PSC 160.062(3)(b) (b) If an eligible telecommunications carrier offers prepaid service and does not render a bill for that service, if it maintains a statement of account or account balance for a prepaid service customer the provisions of par. (a) apply to the statement of account or account balance. If the ETC does not maintain a statement of account or account balance, the ETC shall include information about adjustments and applicability dates in its terms of service.

PSC 160.062(4) (4) Termination and notice of impending termination. Providers shall follow the provisions of 47 CFR 54.405 (e) to terminate lifeline enrollment. The provider shall query the state database used to verify the customer’s eligibility in order to obtain information about whether the customer is still eligible according to that database. If that database indicates that the customer is no longer eligible, the ETC shall follow the de-enrollment procedures in 47 CFR 54.405 (e). The ETC shall send the notice separately from the customer’s regular monthly bill, if one is provided. The notice shall state the termination date and shall provide information about how to demonstrate continued eligibility.

PSC 160.062(5) (5) Provider reimbursement.

PSC 160.062(5)(a) (a) Only low-income and full eligible telecommunications carriers may receive reimbursement from the state universal service fund.

PSC 160.062(5)(b) (b) An ETC may only receive reimbursement if it complies with all federal lifeline requirements, including the requirement to stop requesting federal universal service fund reimbursement for a prepaid wireless telephone that has not been used in 60 days and the requirement to use the appropriate state database where possible to verify lifeline eligibility.

PSC 160.062(5)(c) (c) The commission may withhold or suspend reimbursement while investigating compliance with state or federal lifeline requirements.

PSC 160.062(5)(d) (d) If an ETC is eligible to receive lifeline reimbursement under the federal lifeline program, it may receive reimbursement from the state universal service fund for the difference between what it is eligible to receive in federal reimbursement and what its reimbursement would otherwise be under sub. (2g).

PSC 160.062(5)(e) (e) Notwithstanding par. (c), the provider reimbursement for partial months of service shall follow the policy set by the federal universal service administration corporation or its successors.

PSC 160.062(5m) (5m) Deadline for filing. An eligible telecommunications carrier shall file its reimbursement request with the fund administrator before April 1 of the year following the year during which the customer was charged the lifeline monthly rate for which reimbursement is sought. A provider may obtain an extension from commission staff for good cause, if the extension request is received before the April 1 deadline.

PSC 160.062(6) (6) Limitations on charges.

PSC 160.062(6)(a) (a) An eligible telecommunications carrier may not do any of the following to a lifeline customer:

PSC 160.062(6)(a)1. 1. Charge a deposit for service if the customer voluntarily accepts call limitation.

PSC 160.062(6)(a)2. 2. Request that the customer pay in advance for more than one month’s local service bill.

PSC 160.062(6)(a)3. 3. Disconnect the customer from local service for nonpayment of toll charges.

PSC 160.062(6)(b) (b) An ETC may counsel a customer that otherwise would be subject to disconnection to accept call limitation.

PSC 160.062(7) (7) Call limitation under special programs. An eligible telecommunications carrier acting under the limited conditions specified in its commission approved telecommunications customer assistance program under s. PSC 160.08 may impose call limitation on lifeline customers.

PSC 160.062(8) (8) Federal-only ETCs. Federal-only eligible telecommunications carriers shall comply with all federal lifeline requirements, including the requirement to stop requesting federal universal service fund reimbursement for a prepaid wireless telephone that has not been used in 60 days and the requirement to use the appropriate state database where possible to verify lifeline eligibility.

PSC 160.062 History History: Cr. Register, April, 1996, No. 484, eff. 5-1-96; am. (1), renum. (2) (a) to be (2) (b) and am., renum. (4) to be (3) and am., renum. (6) to be (5) and am., renum. (5) to be (4), cr. (2) (a), (c), (6) and (7), r. (2) (b) and (3), Register, April, 2000, No. 532, eff. 5-1-00; CR 13-068: r. (1), (2), cr. (1), (1g), (1r), (2), (2g), (2r), (3) (title), renum. (3) to (3) (a) and am., cr. (3) (b), r. and recr. (4), r. (5), (6), cr. (5), (5m), (6), (7) (title), am. (7), cr. (8) Register January 2016 No. 721, eff. 2-1-16; correction in numbering in (4) made under s. 13.92 (4) (b) 1., Stats., Register January 2016 No. 721; correction in (1r) (d) made under s. 13.92 (4) (b) 7., Stats., Register April 2016 No. 724.

PSC 160.063 PSC 160.063 Outreach for low-income assistance programs.

PSC 160.063(1) (1) Funding may be available to fund projects to increase participation of the eligible populations in the universal service fund low-income support programs.