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.