State Codes and Statutes

Statutes > Wisconsin > 196 > 196.195

196.195

196.195 Partial deregulation of competitive telecommunications services.

196.195(1)

(1) Regulation imposed. Except as provided in this section and ss. 196.202, 196.203, 196.215 and 196.219, a telecommunications utility is subject to every applicable provision of this chapter and ch. 201.

196.195(2)

(2) Hearing on partial deregulation.

196.195(2)(a)

(a) Except as provided under par. (b), in response to a petition from any interested person or upon its own motion, the commission may hold a hearing to determine whether effective competition exists in a market for a telecommunications service which competition justifies a lesser degree of regulation by suspending the application of one or more provisions of law under sub. (5) and whether competition under a lesser degree of regulation in that market will serve the public interest. In making this determination, the commission shall consider factors including:

196.195(2)(a)1.

1. The number and size of telecommunications utilities or other persons providing the same, equivalent or substitutable service in the relevant market.

196.195(2)(a)2.

2. The extent to which the same, equivalent or substitutable service is available in the relevant market.

196.195(2)(a)3.

3. The ability of customers in the relevant market to obtain the same, equivalent or substitutable services at comparable rates, terms and conditions.

196.195(2)(a)4.

4. The ability of telecommunications utilities or other persons to make the same, equivalent or substitutable service readily available in the relevant market at comparable rates, terms and conditions.

196.195(2)(a)5.

5. The relevant market power of each telecommunications utility or other person providing the same, equivalent or substitutable service in the relevant market and any apparent trends in how the market power of each telecommunications utility may change in the future.

196.195(2)(a)6.

6. Any affiliation of any telecommunications utility providing the service in the relevant market which may affect competition.

196.195(2)(a)7.

7. The existence of any significant barrier to the entry or exit of a provider of the service in the relevant market.

196.195(2)(b)

(b) If the commission suspends the application of any provision of law for any telecommunications utility, the commission, upon its own motion or in response to a petition from any interested person, may waive the hearing required under par. (a), with notice to all known interested parties, for any similarly situated telecommunications utility which is providing the same, equivalent or substitutable service in the same market and which requests a waiver of the same provision of law for the service, if the waiver is in the public interest.

196.195(3)

(3) Levels of regulation. If after the proceeding under sub. (2) the commission has determined that effective competition exists in a market for a telecommunications service that justifies lesser regulation, the commission shall establish the level of regulation for telecommunications utilities providing the service in that market as follows:

196.195(3)(a)

(a) The level of regulation imposed upon all telecommunications utilities providing the service in that market shall be equal unless the commission finds that the public interest requires that different regulatory requirements be imposed.

196.195(3)(b)

(b) The level of regulation imposed upon all telecommunications utilities providing the service in that market shall be the amount of regulation which does not hinder competition and is consistent with protecting the public interest.

196.195(4)

(4) Findings of fact.

196.195(4)(a)

(a) Except as provided in par. (b), the commission shall issue written findings of fact on each of the factors specified in sub. (2) (a) 1. to 7. and on any other factors considered by the commission in making the following determinations:

196.195(4)(a)1.

1. Whether effective competition exists in the market for the telecommunications service that justifies lesser regulation.

196.195(4)(a)2.

2. The level of regulation to be imposed upon each telecommunications utility providing the service in that market.

196.195(4)(a)3.

3. The different regulatory requirements, if any, determined for each telecommunications utility providing the service in the market.

196.195(4)(a)4.

4. The provisions of law to be suspended, if any, under sub. (5).

196.195(4)(b)

(b) If the commission conducts more than one hearing under sub. (2) on the same telecommunications service or the same market, the commission may, if appropriate and if no new finding of fact is required, rely on a finding of fact made under par. (a) in a prior hearing.

196.195(5)

(5) Commission action. If after the proceedings under subs. (2), (3) and (4) the commission has determined that effective competition exists in the market for the telecommunications service which justifies a lesser degree of regulation and that lesser regulation in that market will serve the public interest, the commission may, by order, suspend any of the following provisions of law, except as provided under subs. (7) and (8): ch. 201 and s. 196.02 (2); s. 196.05; s. 196.06; s. 196.07; s. 196.09; s. 196.10; s. 196.12; s. 196.13 (2); s. 196.19; tariffing requirements under s. 196.194; s. 196.196 (1) or (5); s. 196.20; s. 196.21; s. 196.22; s. 196.26; s. 196.28; s. 196.37; s. 196.49; s. 196.52; s. 196.58; s. 196.60; s. 196.604; s. 196.77; s. 196.78; s. 196.79; and s. 196.805.

196.195(7)

(7) Conditions on deregulation. If the commission suspends the application of any provision of law to a telecommunications utility under sub. (5), it may require the telecommunications utility to comply with any condition reasonably necessary to protect the public interest because of the suspended application.

196.195(8)

(8) Records for commission review. The commission may suspend the application of a provision of law relating to an accounting or reporting requirement under sub. (5) only if, with consideration given to any conditions imposed under sub. (7), the commission determines that it will have enough information to determine whether the suspension of the application of any provision of law under sub. (5) is justified at any time after the suspension is ordered.

196.195(10)

(10) Revocation of deregulation. If necessary to protect the public interest, the commission, at any time by order, may revoke its order to suspend the applicability of any provision of law suspended under sub. (5).

196.195(12)

(12) Incentive regulation for telecommunications utilities.

196.195(12)(a)

(a) To provide incentives for telecommunications utilities to achieve any of the goals listed in par. (b) 1. a., the commission may suspend any of the provisions listed in sub. (5) except ss. 196.19, 196.20 (1m), 196.22, 196.26, 196.37, 196.60 and 196.604 or may approve a regulatory method alternative to traditional rate-of-return regulation that does not require suspension of any provisions listed in sub. (5).

196.195(12)(b)

(b)

196.195(12)(b)1.

1. Except as provided in subd. 2., after opportunity for hearing, the commission shall determine whether it is in the public interest to suspend any of the provisions identified in par. (a) or to approve an alternative regulatory method. In making this determination, the commission shall identify all of the following:

196.195(12)(b)1.a.

a. The goals to be achieved, which may include promoting competition, infrastructure deployment, economic development, consumer choice, productivity, efficiency, quality of life, societal goals or universal service.

196.195(12)(b)1.b.

b. The authorized incentive and how the incentive is expected to help achieve the identified goals.

196.195(12)(b)1.c.

c. The measurement to be used to evaluate successful attainment of the identified goals.

196.195(12)(b)2.

2. If the commission suspends the application of any provision identified in par. (a) or approves an alternative regulatory method for any telecommunications utility, the commission may waive the hearing opportunity required under subd. 1., with notice to all known interested parties, for any similarly situated telecommunications utility, if the waiver is in the public interest.

196.195(12)(b)3.

3. The commission shall regulate telecommunications utilities with the goal of developing alternative forms of regulation. The commission shall, by order, develop and approve an incentive regulatory plan for each telecommunications utility to implement this subdivision. The commission may not increase regulation of a small telecommunications utility in implementing this subdivision. For telecommunications utilities with more than 150,000 access lines in use in this state, s. 196.196 (2) applies to access service rates in any regulatory plan approved under this subdivision.

196.195(12)(c)

(c) Subsections (7), (8) and (10) apply to a proceeding under this subsection.

196.195(12)(d)

(d)

196.195(12)(d)1.

1. If after 10 days' written notice and opportunity for interested persons to comment the commission finds that a telecommunications utility has adequately demonstrated that a telecommunications service which it offers and which is subject to the jurisdiction of the commission is subject to competition that may justify a lesser degree of regulation under sub. (5) and that it may be materially disadvantaged in such competition without commission authorization under this paragraph, the commission, prior to a determination under sub. (5), may authorize the telecommunications utility to provide the telecommunications service under a tariff which specifies a range of rates which may be charged for the service or may authorize the telecommunications utility to file a price list for the service which is effective upon at least 10 days' written notice to affected consumers.

196.195(12)(d)2.

2. If the commission authorizes a telecommunications utility to provide a service under subd. 1., the telecommunications utility may not provide the service at a price which does not recover total service long-run incremental cost.

196.195(12)(d)3.

3. The commission may investigate the price of any service authorized under subd. 1. to assure that the price complies with subd. 2. and may suspend any price which does not comply with subd. 2.

196.195(12)(d)4.

4. A request for authorization under subd. 1. constitutes a request for a hearing on partial deregulation under sub. (2). An order granting such authorization expires on the first day of the 9th month following its issuance or upon the date of the commission order granting or denying suspension of any provision of law under sub. (5), whichever is earlier, unless extended by the commission for good cause pending issuance of a final order.

196.195(12)(e)

(e) If under this subsection the commission authorizes a telecommunications utility to provide a telecommunications service under a tariff that specifies a range of rates which may be charged for the service or authorizes the telecommunications utility to file a price list for the service which is effective after a minimum period of notice to affected customers, the telecommunications utility may not provide the service at a price which does not recover total service long-run incremental cost.

196.195 - ANNOT.

History: 1985 a. 297; 1987 a. 403 s. 256; 1993 a. 496; 1997 a. 140; 1999 a. 150; 2001 a. 16; 2007 a. 42.

196.195 - ANNOT.

Subs. (5) (a) and (7) (a) do not violate the interstate commerce clause of the U. S. constitution. Alliant Energy Corporation v. Bie, 330 F.3d 904 (2003).

State Codes and Statutes

Statutes > Wisconsin > 196 > 196.195

196.195

196.195 Partial deregulation of competitive telecommunications services.

196.195(1)

(1) Regulation imposed. Except as provided in this section and ss. 196.202, 196.203, 196.215 and 196.219, a telecommunications utility is subject to every applicable provision of this chapter and ch. 201.

196.195(2)

(2) Hearing on partial deregulation.

196.195(2)(a)

(a) Except as provided under par. (b), in response to a petition from any interested person or upon its own motion, the commission may hold a hearing to determine whether effective competition exists in a market for a telecommunications service which competition justifies a lesser degree of regulation by suspending the application of one or more provisions of law under sub. (5) and whether competition under a lesser degree of regulation in that market will serve the public interest. In making this determination, the commission shall consider factors including:

196.195(2)(a)1.

1. The number and size of telecommunications utilities or other persons providing the same, equivalent or substitutable service in the relevant market.

196.195(2)(a)2.

2. The extent to which the same, equivalent or substitutable service is available in the relevant market.

196.195(2)(a)3.

3. The ability of customers in the relevant market to obtain the same, equivalent or substitutable services at comparable rates, terms and conditions.

196.195(2)(a)4.

4. The ability of telecommunications utilities or other persons to make the same, equivalent or substitutable service readily available in the relevant market at comparable rates, terms and conditions.

196.195(2)(a)5.

5. The relevant market power of each telecommunications utility or other person providing the same, equivalent or substitutable service in the relevant market and any apparent trends in how the market power of each telecommunications utility may change in the future.

196.195(2)(a)6.

6. Any affiliation of any telecommunications utility providing the service in the relevant market which may affect competition.

196.195(2)(a)7.

7. The existence of any significant barrier to the entry or exit of a provider of the service in the relevant market.

196.195(2)(b)

(b) If the commission suspends the application of any provision of law for any telecommunications utility, the commission, upon its own motion or in response to a petition from any interested person, may waive the hearing required under par. (a), with notice to all known interested parties, for any similarly situated telecommunications utility which is providing the same, equivalent or substitutable service in the same market and which requests a waiver of the same provision of law for the service, if the waiver is in the public interest.

196.195(3)

(3) Levels of regulation. If after the proceeding under sub. (2) the commission has determined that effective competition exists in a market for a telecommunications service that justifies lesser regulation, the commission shall establish the level of regulation for telecommunications utilities providing the service in that market as follows:

196.195(3)(a)

(a) The level of regulation imposed upon all telecommunications utilities providing the service in that market shall be equal unless the commission finds that the public interest requires that different regulatory requirements be imposed.

196.195(3)(b)

(b) The level of regulation imposed upon all telecommunications utilities providing the service in that market shall be the amount of regulation which does not hinder competition and is consistent with protecting the public interest.

196.195(4)

(4) Findings of fact.

196.195(4)(a)

(a) Except as provided in par. (b), the commission shall issue written findings of fact on each of the factors specified in sub. (2) (a) 1. to 7. and on any other factors considered by the commission in making the following determinations:

196.195(4)(a)1.

1. Whether effective competition exists in the market for the telecommunications service that justifies lesser regulation.

196.195(4)(a)2.

2. The level of regulation to be imposed upon each telecommunications utility providing the service in that market.

196.195(4)(a)3.

3. The different regulatory requirements, if any, determined for each telecommunications utility providing the service in the market.

196.195(4)(a)4.

4. The provisions of law to be suspended, if any, under sub. (5).

196.195(4)(b)

(b) If the commission conducts more than one hearing under sub. (2) on the same telecommunications service or the same market, the commission may, if appropriate and if no new finding of fact is required, rely on a finding of fact made under par. (a) in a prior hearing.

196.195(5)

(5) Commission action. If after the proceedings under subs. (2), (3) and (4) the commission has determined that effective competition exists in the market for the telecommunications service which justifies a lesser degree of regulation and that lesser regulation in that market will serve the public interest, the commission may, by order, suspend any of the following provisions of law, except as provided under subs. (7) and (8): ch. 201 and s. 196.02 (2); s. 196.05; s. 196.06; s. 196.07; s. 196.09; s. 196.10; s. 196.12; s. 196.13 (2); s. 196.19; tariffing requirements under s. 196.194; s. 196.196 (1) or (5); s. 196.20; s. 196.21; s. 196.22; s. 196.26; s. 196.28; s. 196.37; s. 196.49; s. 196.52; s. 196.58; s. 196.60; s. 196.604; s. 196.77; s. 196.78; s. 196.79; and s. 196.805.

196.195(7)

(7) Conditions on deregulation. If the commission suspends the application of any provision of law to a telecommunications utility under sub. (5), it may require the telecommunications utility to comply with any condition reasonably necessary to protect the public interest because of the suspended application.

196.195(8)

(8) Records for commission review. The commission may suspend the application of a provision of law relating to an accounting or reporting requirement under sub. (5) only if, with consideration given to any conditions imposed under sub. (7), the commission determines that it will have enough information to determine whether the suspension of the application of any provision of law under sub. (5) is justified at any time after the suspension is ordered.

196.195(10)

(10) Revocation of deregulation. If necessary to protect the public interest, the commission, at any time by order, may revoke its order to suspend the applicability of any provision of law suspended under sub. (5).

196.195(12)

(12) Incentive regulation for telecommunications utilities.

196.195(12)(a)

(a) To provide incentives for telecommunications utilities to achieve any of the goals listed in par. (b) 1. a., the commission may suspend any of the provisions listed in sub. (5) except ss. 196.19, 196.20 (1m), 196.22, 196.26, 196.37, 196.60 and 196.604 or may approve a regulatory method alternative to traditional rate-of-return regulation that does not require suspension of any provisions listed in sub. (5).

196.195(12)(b)

(b)

196.195(12)(b)1.

1. Except as provided in subd. 2., after opportunity for hearing, the commission shall determine whether it is in the public interest to suspend any of the provisions identified in par. (a) or to approve an alternative regulatory method. In making this determination, the commission shall identify all of the following:

196.195(12)(b)1.a.

a. The goals to be achieved, which may include promoting competition, infrastructure deployment, economic development, consumer choice, productivity, efficiency, quality of life, societal goals or universal service.

196.195(12)(b)1.b.

b. The authorized incentive and how the incentive is expected to help achieve the identified goals.

196.195(12)(b)1.c.

c. The measurement to be used to evaluate successful attainment of the identified goals.

196.195(12)(b)2.

2. If the commission suspends the application of any provision identified in par. (a) or approves an alternative regulatory method for any telecommunications utility, the commission may waive the hearing opportunity required under subd. 1., with notice to all known interested parties, for any similarly situated telecommunications utility, if the waiver is in the public interest.

196.195(12)(b)3.

3. The commission shall regulate telecommunications utilities with the goal of developing alternative forms of regulation. The commission shall, by order, develop and approve an incentive regulatory plan for each telecommunications utility to implement this subdivision. The commission may not increase regulation of a small telecommunications utility in implementing this subdivision. For telecommunications utilities with more than 150,000 access lines in use in this state, s. 196.196 (2) applies to access service rates in any regulatory plan approved under this subdivision.

196.195(12)(c)

(c) Subsections (7), (8) and (10) apply to a proceeding under this subsection.

196.195(12)(d)

(d)

196.195(12)(d)1.

1. If after 10 days' written notice and opportunity for interested persons to comment the commission finds that a telecommunications utility has adequately demonstrated that a telecommunications service which it offers and which is subject to the jurisdiction of the commission is subject to competition that may justify a lesser degree of regulation under sub. (5) and that it may be materially disadvantaged in such competition without commission authorization under this paragraph, the commission, prior to a determination under sub. (5), may authorize the telecommunications utility to provide the telecommunications service under a tariff which specifies a range of rates which may be charged for the service or may authorize the telecommunications utility to file a price list for the service which is effective upon at least 10 days' written notice to affected consumers.

196.195(12)(d)2.

2. If the commission authorizes a telecommunications utility to provide a service under subd. 1., the telecommunications utility may not provide the service at a price which does not recover total service long-run incremental cost.

196.195(12)(d)3.

3. The commission may investigate the price of any service authorized under subd. 1. to assure that the price complies with subd. 2. and may suspend any price which does not comply with subd. 2.

196.195(12)(d)4.

4. A request for authorization under subd. 1. constitutes a request for a hearing on partial deregulation under sub. (2). An order granting such authorization expires on the first day of the 9th month following its issuance or upon the date of the commission order granting or denying suspension of any provision of law under sub. (5), whichever is earlier, unless extended by the commission for good cause pending issuance of a final order.

196.195(12)(e)

(e) If under this subsection the commission authorizes a telecommunications utility to provide a telecommunications service under a tariff that specifies a range of rates which may be charged for the service or authorizes the telecommunications utility to file a price list for the service which is effective after a minimum period of notice to affected customers, the telecommunications utility may not provide the service at a price which does not recover total service long-run incremental cost.

196.195 - ANNOT.

History: 1985 a. 297; 1987 a. 403 s. 256; 1993 a. 496; 1997 a. 140; 1999 a. 150; 2001 a. 16; 2007 a. 42.

196.195 - ANNOT.

Subs. (5) (a) and (7) (a) do not violate the interstate commerce clause of the U. S. constitution. Alliant Energy Corporation v. Bie, 330 F.3d 904 (2003).

State Codes and Statutes

State Codes and Statutes

Statutes > Wisconsin > 196 > 196.195

196.195

196.195 Partial deregulation of competitive telecommunications services.

196.195(1)

(1) Regulation imposed. Except as provided in this section and ss. 196.202, 196.203, 196.215 and 196.219, a telecommunications utility is subject to every applicable provision of this chapter and ch. 201.

196.195(2)

(2) Hearing on partial deregulation.

196.195(2)(a)

(a) Except as provided under par. (b), in response to a petition from any interested person or upon its own motion, the commission may hold a hearing to determine whether effective competition exists in a market for a telecommunications service which competition justifies a lesser degree of regulation by suspending the application of one or more provisions of law under sub. (5) and whether competition under a lesser degree of regulation in that market will serve the public interest. In making this determination, the commission shall consider factors including:

196.195(2)(a)1.

1. The number and size of telecommunications utilities or other persons providing the same, equivalent or substitutable service in the relevant market.

196.195(2)(a)2.

2. The extent to which the same, equivalent or substitutable service is available in the relevant market.

196.195(2)(a)3.

3. The ability of customers in the relevant market to obtain the same, equivalent or substitutable services at comparable rates, terms and conditions.

196.195(2)(a)4.

4. The ability of telecommunications utilities or other persons to make the same, equivalent or substitutable service readily available in the relevant market at comparable rates, terms and conditions.

196.195(2)(a)5.

5. The relevant market power of each telecommunications utility or other person providing the same, equivalent or substitutable service in the relevant market and any apparent trends in how the market power of each telecommunications utility may change in the future.

196.195(2)(a)6.

6. Any affiliation of any telecommunications utility providing the service in the relevant market which may affect competition.

196.195(2)(a)7.

7. The existence of any significant barrier to the entry or exit of a provider of the service in the relevant market.

196.195(2)(b)

(b) If the commission suspends the application of any provision of law for any telecommunications utility, the commission, upon its own motion or in response to a petition from any interested person, may waive the hearing required under par. (a), with notice to all known interested parties, for any similarly situated telecommunications utility which is providing the same, equivalent or substitutable service in the same market and which requests a waiver of the same provision of law for the service, if the waiver is in the public interest.

196.195(3)

(3) Levels of regulation. If after the proceeding under sub. (2) the commission has determined that effective competition exists in a market for a telecommunications service that justifies lesser regulation, the commission shall establish the level of regulation for telecommunications utilities providing the service in that market as follows:

196.195(3)(a)

(a) The level of regulation imposed upon all telecommunications utilities providing the service in that market shall be equal unless the commission finds that the public interest requires that different regulatory requirements be imposed.

196.195(3)(b)

(b) The level of regulation imposed upon all telecommunications utilities providing the service in that market shall be the amount of regulation which does not hinder competition and is consistent with protecting the public interest.

196.195(4)

(4) Findings of fact.

196.195(4)(a)

(a) Except as provided in par. (b), the commission shall issue written findings of fact on each of the factors specified in sub. (2) (a) 1. to 7. and on any other factors considered by the commission in making the following determinations:

196.195(4)(a)1.

1. Whether effective competition exists in the market for the telecommunications service that justifies lesser regulation.

196.195(4)(a)2.

2. The level of regulation to be imposed upon each telecommunications utility providing the service in that market.

196.195(4)(a)3.

3. The different regulatory requirements, if any, determined for each telecommunications utility providing the service in the market.

196.195(4)(a)4.

4. The provisions of law to be suspended, if any, under sub. (5).

196.195(4)(b)

(b) If the commission conducts more than one hearing under sub. (2) on the same telecommunications service or the same market, the commission may, if appropriate and if no new finding of fact is required, rely on a finding of fact made under par. (a) in a prior hearing.

196.195(5)

(5) Commission action. If after the proceedings under subs. (2), (3) and (4) the commission has determined that effective competition exists in the market for the telecommunications service which justifies a lesser degree of regulation and that lesser regulation in that market will serve the public interest, the commission may, by order, suspend any of the following provisions of law, except as provided under subs. (7) and (8): ch. 201 and s. 196.02 (2); s. 196.05; s. 196.06; s. 196.07; s. 196.09; s. 196.10; s. 196.12; s. 196.13 (2); s. 196.19; tariffing requirements under s. 196.194; s. 196.196 (1) or (5); s. 196.20; s. 196.21; s. 196.22; s. 196.26; s. 196.28; s. 196.37; s. 196.49; s. 196.52; s. 196.58; s. 196.60; s. 196.604; s. 196.77; s. 196.78; s. 196.79; and s. 196.805.

196.195(7)

(7) Conditions on deregulation. If the commission suspends the application of any provision of law to a telecommunications utility under sub. (5), it may require the telecommunications utility to comply with any condition reasonably necessary to protect the public interest because of the suspended application.

196.195(8)

(8) Records for commission review. The commission may suspend the application of a provision of law relating to an accounting or reporting requirement under sub. (5) only if, with consideration given to any conditions imposed under sub. (7), the commission determines that it will have enough information to determine whether the suspension of the application of any provision of law under sub. (5) is justified at any time after the suspension is ordered.

196.195(10)

(10) Revocation of deregulation. If necessary to protect the public interest, the commission, at any time by order, may revoke its order to suspend the applicability of any provision of law suspended under sub. (5).

196.195(12)

(12) Incentive regulation for telecommunications utilities.

196.195(12)(a)

(a) To provide incentives for telecommunications utilities to achieve any of the goals listed in par. (b) 1. a., the commission may suspend any of the provisions listed in sub. (5) except ss. 196.19, 196.20 (1m), 196.22, 196.26, 196.37, 196.60 and 196.604 or may approve a regulatory method alternative to traditional rate-of-return regulation that does not require suspension of any provisions listed in sub. (5).

196.195(12)(b)

(b)

196.195(12)(b)1.

1. Except as provided in subd. 2., after opportunity for hearing, the commission shall determine whether it is in the public interest to suspend any of the provisions identified in par. (a) or to approve an alternative regulatory method. In making this determination, the commission shall identify all of the following:

196.195(12)(b)1.a.

a. The goals to be achieved, which may include promoting competition, infrastructure deployment, economic development, consumer choice, productivity, efficiency, quality of life, societal goals or universal service.

196.195(12)(b)1.b.

b. The authorized incentive and how the incentive is expected to help achieve the identified goals.

196.195(12)(b)1.c.

c. The measurement to be used to evaluate successful attainment of the identified goals.

196.195(12)(b)2.

2. If the commission suspends the application of any provision identified in par. (a) or approves an alternative regulatory method for any telecommunications utility, the commission may waive the hearing opportunity required under subd. 1., with notice to all known interested parties, for any similarly situated telecommunications utility, if the waiver is in the public interest.

196.195(12)(b)3.

3. The commission shall regulate telecommunications utilities with the goal of developing alternative forms of regulation. The commission shall, by order, develop and approve an incentive regulatory plan for each telecommunications utility to implement this subdivision. The commission may not increase regulation of a small telecommunications utility in implementing this subdivision. For telecommunications utilities with more than 150,000 access lines in use in this state, s. 196.196 (2) applies to access service rates in any regulatory plan approved under this subdivision.

196.195(12)(c)

(c) Subsections (7), (8) and (10) apply to a proceeding under this subsection.

196.195(12)(d)

(d)

196.195(12)(d)1.

1. If after 10 days' written notice and opportunity for interested persons to comment the commission finds that a telecommunications utility has adequately demonstrated that a telecommunications service which it offers and which is subject to the jurisdiction of the commission is subject to competition that may justify a lesser degree of regulation under sub. (5) and that it may be materially disadvantaged in such competition without commission authorization under this paragraph, the commission, prior to a determination under sub. (5), may authorize the telecommunications utility to provide the telecommunications service under a tariff which specifies a range of rates which may be charged for the service or may authorize the telecommunications utility to file a price list for the service which is effective upon at least 10 days' written notice to affected consumers.

196.195(12)(d)2.

2. If the commission authorizes a telecommunications utility to provide a service under subd. 1., the telecommunications utility may not provide the service at a price which does not recover total service long-run incremental cost.

196.195(12)(d)3.

3. The commission may investigate the price of any service authorized under subd. 1. to assure that the price complies with subd. 2. and may suspend any price which does not comply with subd. 2.

196.195(12)(d)4.

4. A request for authorization under subd. 1. constitutes a request for a hearing on partial deregulation under sub. (2). An order granting such authorization expires on the first day of the 9th month following its issuance or upon the date of the commission order granting or denying suspension of any provision of law under sub. (5), whichever is earlier, unless extended by the commission for good cause pending issuance of a final order.

196.195(12)(e)

(e) If under this subsection the commission authorizes a telecommunications utility to provide a telecommunications service under a tariff that specifies a range of rates which may be charged for the service or authorizes the telecommunications utility to file a price list for the service which is effective after a minimum period of notice to affected customers, the telecommunications utility may not provide the service at a price which does not recover total service long-run incremental cost.

196.195 - ANNOT.

History: 1985 a. 297; 1987 a. 403 s. 256; 1993 a. 496; 1997 a. 140; 1999 a. 150; 2001 a. 16; 2007 a. 42.

196.195 - ANNOT.

Subs. (5) (a) and (7) (a) do not violate the interstate commerce clause of the U. S. constitution. Alliant Energy Corporation v. Bie, 330 F.3d 904 (2003).