State Codes and Statutes

Statutes > Wisconsin > 196 > 196.50

196.50

196.50 Competing public utilities; indeterminate permits, telecommunications.

196.50(1)

(1) Certificate of necessity.

196.50(1)(a)

(a) The commission may not grant any person a license, permit or franchise to own, operate, manage or control any plant or equipment for the production, transmission, delivery or furnishing of heat, light, water or power in the municipality, if there is in operation under an indeterminate permit a public utility engaged in similar service in the municipality, unless the person seeking the license, permit or franchise secures from the commission a declaration, after a public hearing of any interested party, that public convenience and necessity require the delivery of service by the applicant.

196.50(1)(b)

(b)

196.50(1)(b)1.

1. In this paragraph, "local exchange service" includes access service, basic local exchange service and business access line and usage service within a local calling area.

196.50(1)(b)2.

2. Except as provided in s. 196.203 (3) (b) or 196.499 (16), the commission may not grant any person a certificate, license, permit or franchise to own, operate, manage or control any plant or equipment for the furnishing of local exchange service in a municipality, if there is in operation under an indeterminate permit a public utility engaged in similar service in the municipality under an indeterminate permit, unless any of the following conditions is met:

196.50(1)(b)2.a.

a. The holder of the permit is a telecommunications utility with more than 150,000 access lines in use in this state.

196.50(1)(b)2.b.

b. The holder of the permit is a telecommunications utility with 150,000 or less access lines in use in this state and that has consented to the applicant's provision of services.

196.50(1)(b)2.c.

c. The holder of the permit is a telecommunications utility with 150,000 or less access lines in use in this state and that provides local exchange service within the geographic area in which the applicant provides local exchange service other than cross-boundary foreign exchange service, services offered in open territory or services offered inadvertently or by mutual agreement between the serving telecommunications utilities.

196.50(1)(b)2.d.

d. The commission, after investigation and opportunity for hearing, finds that public convenience and necessity requires the delivery of service by the applicant, in which case the holder's obligation to be provider of last resort is eliminated.

196.50(1)(b)2.e.

e. The holder of the permit and the applicant are both providers of video service, if the holder's provision of video service began after September 1, 1994.

196.50(1)(b)3.

3. If the commission authorizes a telecommunications carrier to provide access service to the public or business access line and usage service within a local calling area under s. 196.499 (16), the commission shall consider if or to what extent a telecommunications utility with 150,000 or less access lines in use in this state may be relieved of its obligation to be the provider of last resort. The commission shall consider the extent of competition in the relevant geographic area for the service, the revenues that have been or may be lost by the telecommunications utility, the ability of competing telecommunications providers to serve the existing or projected demand and any other factors that it considers to be relevant.

196.50(1)(c)

(c) Any provision in an agreement or municipal franchise that prohibits entry into the telecommunications or video services market after September 1, 1994, is void.

196.50(2)

(2) Certification of telecommunications utilities.

196.50(2)(a)

(a) Alternative telecommunications utilities shall be certified under s. 196.203. All other telecommunications utilities shall be certified under this subsection.

196.50(2)(b)

(b) A certificate, franchise, license or permit, indeterminate or otherwise, in effect on September 1, 1994, for a telecommunications utility shall remain in effect and shall have the effect of a certificate of authority. A telecommunications utility is not required to apply for a new certificate of authority to continue offering or providing service to the extent of the prior authorization. Each telecommunications utility, including telecommunications cooperatives and unincorporated telecommunications cooperative associations, shall have on file with the commission under s. 196.19 a tariff that sets forth the rates, terms and conditions for all services provided and a map that defines the geographical limits of the service territory that the telecommunications utility is obliged to serve.

196.50(2)(c)

(c) After August 31, 1994, a person who does not possess authority from the commission to provide telecommunications services may not provide services in this state as a telecommunications utility until the person obtains a certificate of authority under this subsection. A certified alternative telecommunications utility or any other certified telecommunications utility may also apply for certification or amended certification under this subsection.

196.50(2)(d)

(d) No later than 45 days after the commission receives an application for a certificate of authority or an amended certificate of authority, the commission shall determine if the application is complete. If the commission determines that the application is complete, the commission shall docket the application and issue a final order no later than the expiration date of the temporary license under par. (e). If the commission determines that the application is incomplete, the commission shall notify the applicant in writing of the commission's determination, identify any part of the application which the commission has determined to be incomplete and state the reasons for the determination. An applicant may supplement and refile an application which the commission has determined to be incomplete. There is no limit on the number of times that an applicant may refile an application before a final order on the application. If the commission fails to make a determination within 15 days after receiving a refiled application regarding the completeness of an application previously determined to be incomplete, the refiled application shall be considered to be complete.

196.50(2)(e)

(e)

196.50(2)(e)1.

1. Pending the determination on an application for a certificate of authority or an amended certificate of authority, the commission may issue, without notice and hearing, a temporary license for a period not to exceed one year and may temporarily exempt the applicant from requirements of this chapter identified in s. 196.195 (5) if the exemption is in the public interest. The issuance of a temporary license does not bind the commission in the final determination on the application.

196.50(2)(e)2.

2. An application for a certificate of authority or amended certificate of authority that is filed after June 30, 1994, shall identify the geographical area to be served and the classification for which it is filed. The application shall be served by the applicant on all affected telecommunications providers.

196.50(2)(f)

(f) The commission shall issue a certificate of authority or an amended certificate of authority if it finds, after notice and opportunity for hearing, that the applicant possesses sufficient technical, financial and managerial resources to provide telecommunications service to any person within the identified geographic area. In making this determination, the commission shall consider the factors identified in s. 196.03 (6). The commission may order the applicant to satisfy any conditions that the commission considers to be necessary to protect the public interest, including structural safeguards.

196.50(2)(g)

(g)

196.50(2)(g)1.

1. The authority of every telecommunications utility with a certificate under this subsection is statewide and nonexclusive. The existence of or issuance of a certificate of authority or amended certificate of authority to any telecommunications utility and the approval of any tariff for the telecommunications utility shall not preclude the commission from authorizing additional telecommunications utilities to provide the same or equivalent service or to serve the same geographical area as any previously authorized utility or approved tariff.

196.50(2)(g)2.

2. A telecommunications utility's obligation to serve is defined by the map that the utility files under par. (b).

196.50(2)(g)3.

3. The commission shall establish by rule classes of certificates of authority based on services. The commission shall notify each telecommunications utility of its classification.

196.50(2)(h)

(h) After notice and opportunity for hearing, the commission may alter or amend any telecommunications utility's certificate of authority to provide telecommunications services in order to achieve or maintain the availability of reasonably adequate service at just and reasonable rates throughout the state.

196.50(3)

(3) Second utility. Any certificate, permit, license or franchise issued to a public utility, other than a telecommunications utility, which contains any term interfering with the existence of a 2nd public utility, other than a telecommunications utility, is amended to permit any municipality to grant a franchise for the operation of the 2nd public utility.

196.50(4)

(4) Municipality restrained. No municipality may construct any public utility if there is in operation under an indeterminate permit in the municipality a public utility engaged in similar service other than a telecommunications service, unless it secures from the commission a declaration, after a public hearing of all parties interested, that public convenience and necessity require the municipal public utility.

196.50(5)

(5) Injunction. Pending investigation and finding by the commission as to whether public convenience and necessity require a 2nd public utility, the furnishing of any public utility service, other than a telecommunications service, in any municipality contrary to the provisions of this section may be enjoined at the suit of the state or of any public utility having an interest in the issue.

196.50(6)

(6) No denial on federal financing. No certificate of convenience and necessity or permit to any public utility under ss. 196.49 and 196.50 shall be denied because of the amount of the public utility's notes, bonds or other evidences of indebtedness issued to the United States in connection with loans to rural telecommunications utilities made under the rural electrification act of 1936, 7 USC 901 to 950aaa-5, as amended, or by reason of the ratio of such indebtedness to the value of the public utility's property or to its other classes of securities.

196.50(7)

(7) Interlata certification.

196.50(7)(a)

(a) This subsection applies to any telecommunications utility that is restricted under federal law or under any consent decree approved by a federal district court.

196.50(7)(b)

(b) Upon application by a telecommunications utility subject to this subsection for a certificate to provide interlata services, the commission shall consider all of the following factors in determining whether to grant a certificate of authority:

196.50(7)(b)1.

1. Whether granting the certificate is in the public interest.

196.50(7)(b)2.

2. Whether the utility will provide interconnection to its local exchange network under reasonable terms and conditions.

196.50(7)(b)3.

3. Whether the utility will permit appropriate resale and sharing of its services.

196.50(7)(b)4.

4. Whether the utility will provide unbundled services under reasonable terms and conditions.

196.50(7)(b)5.

5. Whether the utility provides its services in compliance with s. 196.204.

196.50(7)(b)6.

6. Whether competition in the interlata marketplace will be enhanced or hindered by granting the certificate.

196.50(7)(c)

(c) The commission may impose terms and conditions upon the grant of a certificate under par. (b) that are necessary to protect the public interest and promote competition.

196.50(7)(d)

(d) The commission, after providing notice and opportunity for hearing, shall issue its decision on the application within 180 days after the filing. The time period may be extended upon agreement of the commission and the applicant.

196.50(7)(e)

(e) An applicant may not be authorized to provide interlata service before the availability of dial-1 presubscription on an intralata basis in all of its exchanges except where it is technically infeasible to offer intralata dial-1 presubscription due to the action or inaction of a switch vendor.

196.50 - ANNOT.

History: 1977 c. 418; 1983 a. 53; 1985 a. 297 ss. 52 to 54, 76; 1993 a. 496; 1995 a. 409; 1999 a. 150 s. 672; 2005 a. 441; 2007 a. 42.

196.50 - ANNOT.

Cross-reference: For division of service between competing utilities, see s. 197.01 (4).

196.50 - ANNOT.

Cross Reference: See also ch. PSC 166, Wis. adm. code.