Wisconsin Legislature: PSC 160.071(1m)(L)3.

PSC 160.071 Service and equipment pricing for individuals with special telecommunications needs.

(1) Special telecommunications needs certification.

(a) A person with a disability may determine whether that disability presents a barrier to use of telecommunications services, or equipment, or both. That person shall determine what accommodations are needed to ensure effective telecommunications access.

(b) When a provider, the fund administrator, a vendor, or the commission has sound reason to question the self-certification of a customer under par. (a), additional verification of disability, such as an appropriate medical professional’s written diagnosis and description of physical limitations and special needs resulting from that diagnosis, may be required for certification of special telecommunications needs. An appropriate medical professional is one who is qualified to make such a diagnosis and provide such a description.

(1m) Telecommunications equipment purchase program.

(a) Definitions. In this subsection:

1. “Cognitive impairment” means a condition that limits every day practical skills and involves significant difficulty with memory, information processing, executive functions, or some combination thereof.

2. “Disability” means a physical, cognitive, or sensory impairment that limits or curtails an individual’s ability to use telecommunications services or equipment, or both.

(am) The universal service fund administrator shall make vouchers available to assist customers with a disability who have special telecommunications needs certification under s. PSC 160.071 (1) in the purchase of equipment needed to personally access and use essential services of the telecommunications network. A customer may not use a voucher to purchase equipment which will be used exclusively for commercial purposes.

(b) Vouchers shall be limited to the following amounts by category of disability:

1. $100 for hard of hearing.

2. $800 for deaf and severely hard of hearing.

3. $1,600 for speech impaired.

4. $1,600 for mobility or motion impaired.

5. $2,500 for severely hard of hearing - low vision or deaf - low vision.

6. $7,200 for severely hard of hearing - blind or deaf - blind.

(c) A voucher recipient under par. (b) 1. is not required to make a co-payment. All other voucher recipients are required to make a co-payment of $100 when the equipment is purchased. Under par. (f), for certain low income customers the co-payment may be supplied by funding through the telecommunications assistance program administered by the Wisconsin department of health services under s. 46.297, Stats., and ch. DHS 78. For certain low-income customers in the categories under par. (b) 3. and 4. the co-payment may be supplied by the universal service fund if the customer provides a medical professional’s statement confirming the need for telecommunications equipment available under this section and if the customer certifies that he or she would meet the income requirements of the telecommunications assistance program.

(e) An applicant shall submit a completed, commission-approved voucher application form to the universal service fund administrator.

Note: Customers with disabilities may obtain commission-approved voucher application forms from the fund administrator, the commission, or other sources, including the commission’s website: psc.wi.gov.

(f) Applicants for vouchers under this section shall be Wisconsin residents. An applicant may not receive a voucher for equipment for the same disability more than once every 3 years. An applicant may receive a voucher for equipment even if another person in the same household has also received a voucher. The fund administrator shall refer applications filed by low-income individuals in the categories under par. (b) 2., 5., and 6., to the Wisconsin department of health services for telecommunications assistance program funding to provide any customer co-payment required under par. (c). If the applicant is found eligible, the fund administrator may issue an alternative voucher to include that program’s funding. If found ineligible, the fund administrator shall process a voucher application in priority according to its original date of receipt.

(g) The fund administrator shall grant applications on a first-come, first-served basis except no single disability classification described in par. (b) may be issued vouchers totaling more than 75% of the total annual budget within the first 3 quarters of the budget year.

(h) The fund administrator shall establish a waiting list for applications held pending available funding or under par. (g).

(i) The commission may establish new disability categories and voucher maximums if it identifies a need.

(j) Vendors may redeem vouchers, submitted with an invoice, from the universal service fund administrator. A vendor may not receive reimbursement that exceeds the total purchase price of the equipment with tax less, where applicable, a customer co-payment of $100. The commission may, for good cause, suspend a vendor’s eligibility to redeem vouchers under this program. Suspended vendors may not receive reimbursement for vouchers submitted for purchases or customer orders made after the date of suspension.

(k) Commission staff may impose reasonable limits on the types and quantities of devices that may be purchased with one voucher.

(L)

1. The fund administrator shall maintain and make accessible, a list of the types and quantities of equipment eligible for purchase with a single voucher in each category under par. (b). Revisions to the list shall be done periodically by the fund administrator in consultation with the commission staff and representatives selected by the universal service fund council. The fund administrator and commission may solicit input regarding revisions from vendors, representatives of interested groups serving the disabled and others, as appropriate.

Note: The equipment list will be posted on the commission’s website (psc.wi.gov). A vendor may submit an e-mail address to the commission and request e-mail notification of whenever a revised list is posted.

2. The commission staff and fund administrator may include equipment that can be used to access the internet for telecommunications service on the list of equipment available to individuals in the categories under par. (b) 3. to 6. Internet access equipment includes a personal computing device and necessary software, but does not include customer premises wiring, telephone or cable access lines, or telecommunications services.

3. Individuals requesting equipment under subd. 2. shall provide a medical professional’s statement to the fund administrator stating that the equipment is necessary to meet the telecommunications needs of that individual.

(m) Equipment purchases involving individual exceptions to the eligible equipment lists under par. (L) may be granted by the fund administrator only following consultation with commission staff. Commission staff, the fund administrator, or both, may solicit input regarding such exceptions from vendors, representatives of interested groups serving the disabled and others, as appropriate.

(n) Objections to items included on or excluded from the eligible equipment lists and determinations regarding individual exceptions shall be submitted to the commission in writing. The commission staff shall review the objection and issue a letter addressing it. Commission staff decisions may be appealed to the commission.

(4) Directory assistance charges.

(a) An eligible telecommunications carrier other than a federal-only ETC shall waive the charge for a reasonable number of directory assistance calls in a month for a customer with a disability that meets all of the following:

1. Is certified under s. PSC 160.071 (1).

2. Prevents the customer from using the telephone directory.

(b) The ETC shall receive reasonable reimbursement from the universal service fund for these calls.

(5) Operator assistance charges.

(a) An eligible telecommunications carrier other than a federal-only ETC shall waive the charge for operator assistance to place calls for a customer with a disability that meets all of the following:

1. Is certified under s. PSC 160.071 (1)

2. In the customer’s opinion, requires the custom calling service in order for the customer to receive service that is comparable to the essential service provided to other customers.

(b) The ETC shall receive reasonable reimbursement from the universal service fund for these calls.

(6) Custom calling service charges.

(a) An eligible telecommunications carrier other than a federal-only ETC shall waive the charge for a custom calling service for a customer with a disability that meets all of the following:

1. Is certified under s. PSC 160.071 (1).

2. In the customer’s opinion, requires the custom calling service in order for the customer to receive service that is comparable to the essential service provided to other customers.

(b) The ETC shall receive reasonable reimbursement from the universal service fund for these services.

(6m) Second line charges.

(a) An eligible telecommunications carrier other than a federal-only ETC shall waive any intrastate nonrecurring charge or monthly rate for a second line for all of the following:

1. A hearing impaired customer who is able and chooses to use 2 line voice carryover.

2. A speech impaired customer who is able and chooses to use 2 line hearing carryover.

(b) If a customer requests a service that is equivalent to those listed in par. (a), the ETC shall waive the same amount it would waive under par. (a).

(7) Filing deadline. A provider may not receive reimbursement under subs. (4) to (6m) unless it files its reimbursement request with the fund administrator no later than April 1 of the year following the year during which the provider would have billed the charge to a customer. The provider may obtain an extension from commission staff for good cause.

History: Cr. Register, April, 1996, No. 484, eff. 5-1-96; cr. (1) (k) to (n) and (6) (b), renum. (6) to be (6) (a), am. (1) (a), to (c), (f), (j) and (3), Register, April, 2000, No. 532, eff. 5-1-00; correction in (1) (f) made under s. 13.92 (4) (b) 6., Stats., Register February 2011 No. 662; CR 13-068: am. (title), renum. (1) (title), (a) to (1m) (title), (am) and am., (1) (title), (a), (b) renum. from 160.07 (1), (2) and am., renum. (1) (b), (c) to (1m) (b), (c) and am. (b) 1., 4. to 6., (c), r. (1) (d), renum. (1) (e) to (k) to (1m) (e) to (k) and am., renum. (1) (L) to (1m) (L) 1. and am., renum. (1) (m), (n) to (1m) (m), (n) and am. (n), cr. (1m) (a), (L) 2., 3., r. (2), (3), renum. (4) (a) to (a) (intro.) and am., cr. (4) (a) 1., 2., (b), renum. (5) (a) to (a) (intro.) and am., cr. (5) (a) 1., 2., (b), renum. (6) (a) to (6) (a) (intro.) and am., cr. (6) (a) 1., 2., renum. (6) (b) to (6m) (a) (intro.) and am., cr. (6) (b), (6m) (a) 1., 2., (b), (c), (7) Register January 2016 No. 721, eff. 2-1-16; correction in numbering in (6m) (a) made under s. 13.92 (4) (b) 1., Stats., and corrections in (1) (c), (L) 2., (7) made under s. 35.17, Stats., Register January 2016 No. 721, eff. 2-1-16.

PSC 160.075 Responsibility for pay telephone usability.

(1) In this section, “pay telephone usability” means the ability to use pay telephone equipment once it has been accessed by an individual.

(2) Pay telephone usability standards include signage, volume control, monitoring height, cord length, and text telephones.

(3) All pay telephone service providers are responsible for compliance with all federal and state standards regarding usability of their pay telephones by individuals with disabilities.

(4) This section does not create any new obligations for pay telephone usability beyond those imposed under federal, state laws or negate any obligation for pay telephone usability of other parties under the law.

(5) Information on how to report non-compliance or any other complaint under sub. (3) to the commission shall be posted at or on each pay telephone unit or bank of units.

History: Cr. Register, April, 1996, No. 484, eff. 5-1-96; am. (3), cr. (5), Register, April, 2000, No. 532, eff. 5-1-00.

PSC 160.08 Telecommunications customer assistance program. The commission may authorize individual telecommunications providers to establish telecommunications customer assistance programs that meet authorized goals and objectives for increasing or stabilizing subscription levels for non-optional, essential telecommunications service within its service territory or to address avoidance of disconnection or limitation of service to low-income households with payment problems. The customer assistance programs may allow a provider to not make available certain essential services, as defined in s. PSC 160.03 (2), in order to keep at least minimaltelecommunications service to certain low-income households with payment problems. The commission shall determine on a case-by-case basis whether or not a telecommunications customer assistance program may receive universal service fund monies.

History: Cr. Register, April, 1996, No. 484, eff. 5-1-96; am. Register, April, 2000, No. 532, eff. 5-1-00; CR 13-068: am. Register January 2016 No. 721, eff. 2-1-16.

PSC 160.09 High rate assistance credits.

(1) In this section, “median household income” means the estimated median household income per county published annually by the U.S. census bureau’s small area income and poverty estimate program.

Note: This may be found on the commission’s website at psc.wi.gov.

(1g) A full ETC shall provide high rate assistance credits to residential customers when the price of service exceeds levels set in this section.

(1r) A full ETC shall recalculate credits under this section whenever the fixed monthly charge for essential telecommunications service, as defined in s. PSC 160.03 (2), is changed, or when ordered to do so by the commission. If the recalculation results in a de minimis change, the ETC may request that the administrator of the division of business and communications services stay the requirement to increase or decrease the credit.

(2) Full eligible telecommunications carriers shall calculate credits as specified in sub. (4) utilizing the price of service determined under sub. (3).

(3) For purposes of calculating credits under sub. (4):

(a) If a full ETC offers essential services on a stand-alone basis, the price of service calculated under this paragraph for its stand-alone essential services shall be considered the price of service when calculating credits for all of the ETC’s offerings, whether provided on a stand-alone basis or as part of a bundle. The price of service for stand-alone essential services that is used to calculate credits under sub. (4) shall include all of the following charges and fees:

1. The in-state charges and fees for residential stand-alone essential services, including, as applicable, all of the following:

a. Police and fire protection fee.

b. State universal service fund assessment.

c. Remainder assessment.

d. Telecommunications utility trade practices assessment.

e. Federal universal service fund assessment.

2. Any 9-1-1 charges billed on the telephone bill.

3. The federal subscriber line charge.

4. The access recovery charge.

5. The charge, if any, for 120 local calls, excluding extended community calling calls.

6. The federal communications commission authorized charge for implementation of local number portability.

7. Other charges as approved by the commission.

(b) The price of service for residential stand-alone essential services does not include charges for items and services such as:

1. Data service.

2. Handsets, modems, or other customer premises equipment.

3. Caller identification.

4. Call waiting.