196.212(5) (5) Enforcement. Notwithstanding any other provision of this chapter, the commission shall have jurisdiction to enforce payment of intrastate switched access rates set forth in a tariff required under s. 196.191 (1) or a contract for intrastate switched access service allowed under s. 196.191 (6).

196.212(6) (6) Application. The intrastate switched access rate reductions required by this section apply to any entity subject to those rates, regardless of the technology or mode used by that entity to provide its telecommunications services.

196.212 History History: 2011 a. 22; 2015 a. 197 s. 51.

196.216 196.216 Small telecommunications utilities as small businesses. A small telecommunications utility is a small business for the purposes of s. 227.114.

196.216 History History: 1985 a. 297; 1987 a. 403 s. 256.

196.217 196.217 Average toll rates.

196.217(1) (1) Different rates restricted. A telecommunications utility may not charge different rates for residential basic message telecommunications service, business basic message telecommunications service, or single-line wide-area telecommunications service on routes of similar distances within this state, unless authorized by the commission. This subsection does not prohibit volume or term discounts, discounts in promotional offerings, differences in the rates for intralata and interlata services of similar distances, the provision of optional toll calling plans to selected exchanges or customers or the passing through of any state or local taxes in the specific geographic area from which the tax originates.

196.217(2) (2) Toll services. Notwithstanding sub. (1), a telecommunications utility may charge prices for toll services under contract that are unique to a particular customer or group of customers if differences in the cost of providing a service or a service element justify a different price for a particular customer or group of customers, or if market conditions require individual pricing.

196.217(3) (3) Averaged rates. Notwithstanding subs. (1) and (2), an intralata toll provider shall offer all optional toll calling plans on a statewide basis at geographically averaged rates until the provider deploys intralata dial-1 presubscription, except that an optional toll call plan need not be offered where deployment of that offering would not be economically or technically feasible.

196.217 History History: 1993 a. 496.

196.218 196.218 Universal service fund.

196.218(1) (1) Definitions. In this section:

196.218(1)(a) (a) “Essential telecommunications services” means the services or functionalities listed in 47 CFR 54.101 (a).

196.218(1)(bm) (bm) “Local exchange service” means basic local exchange service or business access line and usage service.

196.218(1)(c) (c) “Universal service” includes the availability of a basic set of essential telecommunications services anywhere in this state.

196.218(1)(d) (d) “Universal service fund” means the trust fund established under s. 25.95.

196.218(2) (2) Fund administration. The commission shall do all of the following:

196.218(2)(c) (c) Contract for the administration of the universal service fund.

196.218(2)(d) (d) Obtain an annual independent audit of the universal service fund.

196.218(3) (3) Contributions to the fund.

196.218(3)(a) (a)

196.218(3)(a)1. 1. Except as provided in par. (b), the commission shall require all telecommunications providers to contribute to the universal service fund beginning on January 1, 1996.

196.218(3)(a)2. 2. The commission may require a person other than a telecommunications provider to contribute to the universal service fund if, after notice and opportunity for hearing, the commission determines that the person is offering a nontraditional broadcast service in this state that competes with a telecommunications service provided in this state for which a contribution is required under this subsection.

196.218(3)(a)2e. 2e. No later than 30 days after the close of a fiscal year:

196.218(3)(a)2e.a. a. The commission shall estimate the amount of unencumbered balances under s. 20.155 (1) (q) and (3) (rm) for that fiscal year.

196.218(3)(a)2e.b. b. The department of public instruction shall provide the commission with the department’s estimate of the total amount of unencumbered balances under s. 20.255 (1) (q) and (3) (q), (qm), and (r) for that fiscal year.

196.218(3)(a)2e.c. c. The Board of Regents of the University of Wisconsin System shall provide the commission with the board’s estimate of the amount of unencumbered balance under s. 20.285 (1) (q) for that fiscal year.

196.218(3)(a)2m. 2m. No later than 30 days after the close of a fiscal biennium, the department of administration shall provide the commission with the department’s estimate of the amount of unencumbered balance under s. 20.505 (4) (s) for that fiscal biennium.

196.218(3)(a)2s. 2s. Thirty days after the close of a fiscal year or as soon as practicable thereafter, the commission shall determine the sum of the estimates specified in subd. 2e. a., b., and c. If the close of a fiscal year is also the close of a fiscal biennium, the sum shall include the estimate specified in subd. 2m. In the subsequent fiscal year, all of the following apply: