PSC 168.01(1)(1) The purpose of this chapter is to set forth the regulation of resellers and resale, to identify those entities that are telecommunications providers that must be certified as resellers under s. 196.01 (1d) (c), Stats., and to state the requirements for consideration of petitions from telecommunications providers requesting certification as alternative telecommunications utility resellers. Regulations regarding the provision of operator services by telecommunications resellers and providers of private pay telephone services are specified. This chapter also describes the telecommunications services of telecommunications utilities and specified alternative telecommunications utilities that are, or are not, available for resale. This chapter sets forth procedures for petitioning to add or remove a service from those available for resale, or to impose, remove, or modify any restriction or condition unreasonably impairing the ability of a reseller to resell a specific telecommunications service. This chapter addresses neither the right nor the manner by which a telecommunications utility may secure or claim an exemption, suspension, or modification of the duty to resell, as addressed in s. 196.219 (2), Stats., and 47 USC 251 (f).

PSC 168.01(2)(2) Except as specified in ss. PSC 168.02 (12) and 168.03, this chapter does not apply to telecommunications utilities or telecommunications carriers.

PSC 168.01(3)(3) Nothing in this chapter shall preclude special and individual consideration being given to exceptional or unusual situations and upon due investigation of the facts and circumstances involved, the adoption of requirements as to individual providers or services that may be lesser, greater, other or different than those provided in this chapter.

PSC 168.02(1)(1) “Alternative telecommunications utility” has the meaning given in s. 196.01 (1d), Stats.

PSC 168.02(2)(2) “Alternative telecommunications utility reseller” means that category of telecommunications provider referred to in s. 196.01 (1d) (c), Stats.

PSC 168.02(3)(3) “Collect call” means a call paid for by the party receiving the call where the receiving party does not have a standing arrangement for reversed charge calling.

PSC 168.02(4)(4) “Control of transmission facilities” includes leasing transmission facilities, but does not include the use of transmission facilities obtained pursuant to tariff filed under any provision of ch. 196, Stats., or an agreement under 47 USC 252 approved by the commission.

PSC 168.02 NoteNote: “Dark fiber” leases or rental agreements that identify specific facilities constitute control of transmission facilities. In contrast, however, a long-term subscription to, or putative “lease” of, a transmission service, e.g., a “lease” of DS-3 transmission capacity, does not constitute control of transmission facilities, even though the nature of the service is largely defined by reference to the principal facility involved.

PSC 168.02(5)(5) “Customer dialed calling card call” means a call which is dialed by the customer, and for which the customer enters a calling card number directly, without operator intervention.

PSC 168.02(6)(6) “Holding company” has the meaning given in s. 196.795 (1) (h), Stats., and includes for purposes of this chapter only any company which owns, operates, manages or controls a telecommunications utility.

PSC 168.02(7)(7) “Holding company system” has the meaning given in s. 196.795 (1) (i), Stats., and includes for purposes of this chapter only a telecommunications utility as a public utility.

PSC 168.02(8)(8) “Operator assisted calling card call” means a call which is dialed by the customer and paid for with a calling card, but which requires operator intervention.

PSC 168.02(9)(9) “Pay telephone service provider” means a person who owns or leases a pay telephone located on property owned or leased by that person and telecommunications providers furnishing customer-owned, coin-operated telephones, also commonly known as “COCOTs” or COCOT providers, but does not include telecommunications utilities or telecommunications carriers.

PSC 168.02(10)(10) “Person to person call” means a call in which the calling party requests to speak to a particular person, and the call is put through only if that person comes to the telephone.

PSC 168.02(11)(11) “Telecommunications provider” has the meaning given in s. 196.01 (8p), Stats.

PSC 168.02(12)(12) “Telecommunications reseller” or “reseller” means a telecommunications provider that resells message or wide-area telecommunications services or other telecommunications services approved for resale pursuant to this chapter or commission order, and includes the following: