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196.203

196.203 Exemption of alternative telecommunications utilities.

196.203(1)

(1) Alternative telecommunications utilities are exempt from all provisions of ch. 201 and this chapter, except as provided in this section, and except that an alternative telecommunications utility is subject to s. 196.025 (6), and except that an alternative telecommunications utility that is a local government telecommunications utility, as defined in s. 196.204 (5) (ag) 1., is subject to s. 196.204 (5).

196.203(1m)

(1m) Any person claiming to be a cable television telecommunications service provider under this section shall annually file with the commission any information required by the commission to determine the gross income of the person which is derived from the operation of a cable television system.

196.203(2)

(2) No person may commence providing service as an alternative telecommunications utility unless the person petitions for and the commission issues a determination that the person is an alternative telecommunications utility. The commission shall maintain information on authorized alternative telecommunications utilities and on applicants for alternative telecommunications utility status and make that information available to any person, upon request.

196.203(3)

(3)

196.203(3)(a)

(a) In response to a petition from any interested person, or upon its own motion, the commission shall determine whether the public interest requires that any provision of ch. 201 or this chapter be imposed on a person providing or proposing to provide service as an alternative telecommunications utility in a relevant market. In making this determination, the commission may consider factors including the quality of service, customer complaints, concerns about the effect on customers of local exchange telecommunications utilities and the extent to which similar services are available from alternative sources.

196.203(3)(b)

(b) The commission may not deny a petition filed under par. (a) by a provider of cable service for alternative telecommunications utility status in a particular geographical area as not being in the public interest if basic local exchange service is provided in the same geographical area by any of the following:

196.203(3)(b)1.

1. A telecommunications utility with more than 50,000 access lines in use in this state.

196.203(3)(b)2.

2. Subject to par. (c), a telecommunications utility with 50,000 or less access lines in use in this state which also provides cable service in that geographical area, if provision of cable service began after September 1, 1994.

196.203(3)(c)

(c) Paragraph (b) 2. shall not apply if the telecommunications utility's provision of cable service is limited to the provision of satellite cable programming, as defined in s. 943.47 (1) (b).

196.203(3)(d)

(d) Section 196.50 (1) (b) applies to an alternative telecommunications utility except for a provider of cable service.

196.203(3)(dm)

(dm) Section 196.197 applies to an alternative telecommunications utility.

196.203(3)(e)

(e)

196.203(3)(e)1.

1. If a provider of cable service files a petition under par. (a) for alternative telecommunications status to offer local exchange service, as defined in s. 196.50 (1) (b) 1., in a geographical area served by a telecommunications utility with less than 50,000 access lines in use in this state on September 1, 1994, or at any time thereafter, the commission may not deny the petition as not being in the public interest and shall do any of the following:

196.203(3)(e)1.a.

a. Eliminate the telecommunications utility's obligation to be the provider of last resort.

196.203(3)(e)1.b.

b. Allocate universal service fund moneys available under s. 196.218 (5) (a) 1. to the telecommunications utility to offset the obligation to be the provider of last resort under a formula that reimburses the telecommunications utility for 90% of the difference calculated by subtracting 110% of the weighted average basic single-party residential monthly rate for all telecommunications utilities in this state from the eligible telecommunications utility's average basic single-party residential rate and for 90% of the difference calculated by subtracting 110% of the weighted average single line business access line monthly rate for all telecommunications utilities in this state from the eligible telecommunications utility's single line business access line monthly rate.

196.203(3)(e)2.

2. The commission may not increase regulation of a telecommunications utility eligible for funds under subd. 1. b. in implementing this paragraph.

196.203(3)(e)2m.

2m. Subdivision 1. does not apply if the petitioner meets the conditions under par. (b) 2.

196.203(3)(e)3.

3. Subdivision 1. does not apply after September 1, 1998, but a telecommunications utility eligible for funds under subd. 1. b. remains eligible for universal service fund funding after that date to offset its obligation to be the provider of last resort.

196.203(4)

(4) The commission may impose any provision of ch. 201 or this chapter on one or more, but not necessarily all, alternative telecommunications utilities providing service in a relevant market.

196.203(5)

(5) The commission may establish a reasonable fee schedule and may assess an alternative telecommunications utility to cover the cost of making a determination under this section.

196.203 - ANNOT.

History: 1985 a. 297; 1993 a. 496; 1997 a. 140; 1999 a. 150; 2003 a. 125, 278; 2007 a. 42; 2009 a. 28.

196.203 - ANNOT.

Cross Reference: See also chs. PSC 168, 169, and 171, Wis. adm. code.