Wisconsin Statutes & Annotations
Chapter 196 - Regulation of public utilities.
196.203 - Exemption of alternative telecommunications utilities.

196.203 Exemption of alternative telecommunications utilities.
(1d) In this section, “local government telecommunications utility" has the meaning given in s. 196.204 (1m) (a).
(1g) Alternative telecommunications utilities are exempt from all provisions of this chapter, except as provided in this section, and except for all of the following:
(a) An alternative telecommunications utility is subject to ss. 196.01, 196.016, 196.025 (6), 196.191, 196.206, and 196.212.
(b) An alternative telecommunications utility certified under this section pursuant to s. 196.50 (2) (j) 1. a. is subject to ss. 196.219 (2r) and 196.503, and, with respect only to wholesale telecommunications services, is subject to ss. 196.03 (1) and (6), 196.219 (4), 196.28, and 196.37; and, if such an alternative telecommunications utility was regulated as a price-regulated telecommunications utility prior to June 9, 2011, the alternative telecommunications utility's intrastate dedicated access rates shall mirror its interstate dedicated access rates.
(c) An alternative telecommunications utility that is a local government telecommunications utility is subject to s. 196.204.
(2)
(a) No person may commence providing service as an alternative telecommunications utility unless the person petitions for and the commission issues a certification that the person is an alternative telecommunications utility or unless the person is a telecommunications utility that the commission certifies as an alternative telecommunications utility under this section pursuant to s. 196.50 (2) (j) 1. a.
(b) Except for an alternative telecommunications utility that is a local government telecommunications utility, certification as an alternative telecommunications utility shall be on a statewide basis and any certification issued by the commission before June 9, 2011, to an alternative telecommunications utility that is not a local government telecommunications utility is considered amended to be a statewide certification.
(c) An alternative telecommunications utility may provide notice to the commission to maintain certification as an alternative telecommunications utility but to recertify the alternative telecommunications utility and impose on the alternative telecommunications utility only those provisions of this chapter specified in this paragraph. No later than 30 days after receiving notice under this paragraph, the commission shall issue an order granting recertification and imposing on the alternative telecommunications utility those provisions of this chapter specified in sub. (4m) (a) that are imposed on all alternative telecommunications utilities under sub. (3). The commission may impose a provision of this chapter specified in sub. (4m) (b) or (c) if in the public interest. An alternative telecommunications utility for which an order of recertification is issued is subject to sub. (1g). The granting of the recertification shall operate to terminate the alternative telecommunications utility's prior certification. All regulatory requirements in or related to the prior certification that are inconsistent with the requirements of or regulation allowed under this section, including all such requirements imposed by the certification and all such requirements imposed by the commission, whether by statute or commission rule or order, on the alternative telecommunications utility are terminated on the effective date of the order, unless the alternative telecommunications utility, in its notice to the commission seeking recertification under this paragraph, requests to remain subject to one or more requirements of its prior certification that do not violate the alternative telecommunications utility's requirements and obligations under this chapter and the commission does not deny the request in the commission's recertification order.
(d) The commission may deny a petition for certification as an alternative telecommunications utility described in s. 196.01 (1d) (f) only if the commission finds that the petitioner does not have the financial, managerial, or technical capabilities to provide its proposed services or to comply with conditions that the commission is authorized to impose under sub. (3).
(3) In response to a petition from any interested person, or upon its own motion, the commission shall determine whether the public interest requires that a provision of this chapter specified in sub. (4m) be imposed on a person providing or proposing to provide service as an alternative telecommunications utility. If the commission imposes a provision of this chapter specified in sub. (4m) (a) on an alternative telecommunications utility under this subsection, the commission shall impose the same provision at the same level of regulation on all other alternative telecommunications utilities.
(4m)
(a) The commission may impose s. 196.02 (1), (4), or (5), 196.04, 196.135, 196.14, 196.197, 196.199, 196.207, 196.208, 196.218, 196.219 (1), (2) (b), (c), or (d), (2r), or (3) (a), (d), (j), (m), (n), or (o), 196.25, 196.26, 196.39, 196.395, 196.40, 196.41, 196.43, 196.44, 196.65, 196.66, 196.81, 196.85, 196.858, or 196.859 on an alternative telecommunications utility.
(b) In addition to the requirements under s. 196.212, the commission may, with respect only to intrastate switched access services, impose s. 196.03 (1) or (6) or 196.37 on an alternative telecommunications utility, except that the commission may not investigate, review, or set the rates for intrastate switched access services of an alternative telecommunications utility that is subject to s. 196.212 (2) or (3) except as required to enforce s. 196.212 (2) or (3).
(c) The commission may, with respect only to wholesale telecommunications service, impose s. 196.03 (1) or (6), 196.219 (4), 196.28, or 196.37 on an alternative telecommunications utility certified under sub. (2) (a) or (c).
(5) The commission may establish a reasonable fee schedule and may assess an alternative telecommunications utility to cover the cost of certification, recertification, or other determinations made under this section.
(6) The commission shall maintain information on certified alternative telecommunications utilities and on applicants for alternative telecommunications utility certification and make that information available to any person, upon request.
History: 1985 a. 297; 1993 a. 496; 1997 a. 140; 1999 a. 150; 2003 a. 125, 278; 2007 a. 42; 2009 a. 28; 2011 a. 22; 2013 a. 125, 166; 2021 a. 24.

Structure Wisconsin Statutes & Annotations

Wisconsin Statutes & Annotations

Chapter 196 - Regulation of public utilities.

196.01 - Definitions.

196.012 - Interstate commerce.

196.015 - Total service long-run incremental cost.

196.016 - Relationship to certain federal telecommunications law.

196.02 - Commission's powers.

196.025 - Duties of the commission.

196.026 - Settlements.

196.027 - Environmental trust financing.

196.029 - Energy administration.

196.03 - Utility charges and service; reasonable and adequate.

196.04 - Facilities granted other utilities; physical telecommunications connections; petition; investigation.

196.05 - Public utility property; valuation; revaluation.

196.06 - Uniform accounting; forms; books; office.

196.07 - Balance sheet filed annually.

196.08 - Audit and inspection.

196.09 - Depreciation rates and practices; findings by commission; dividends from reserves; retirements.

196.10 - Construction; accounting.

196.11 - Profit sharing and sliding scales.

196.12 - Report by public utilities; items.

196.13 - Commission's report.

196.135 - Confidential handling of records.

196.137 - Municipal utility customer information.

196.14 - Public record exception.

196.15 - Units of product or service.

196.16 - Standard measurements; accurate appliances.

196.17 - Tests of meters; fees.

196.171 - Examination of meters, pipes, fittings, wires and works; entering buildings for.

196.175 - Construction and occupancy standards.

196.18 - Entry upon premises.

196.19 - Publish schedules; regulations; files; joint rates.

196.191 - Telecommunications utility and alternative telecommunications utility tariffs.

196.192 - Market-based compensation, rates and contracts.

196.193 - Water and sewer rate increases without hearings.

196.194 - Gas utility individual contracts.

196.195 - Alternative telecommunications regulation plans.

196.197 - Unbundled network elements.

196.198 - Local measured telecommunications service.

196.199 - Interconnection agreements.

196.20 - Rules on service; changes in rates.

196.201 - Regulation of private shared telecommunications systems.

196.202 - Exemption of commercial mobile radio service providers.

196.203 - Exemption of alternative telecommunications utilities.

196.204 - Local government telecommunications utilities.

196.205 - Election of rate regulation.

196.206 - Interconnected voice over Internet protocol service.

196.207 - Telephone caller identification services.

196.208 - Telecommunications pay-per-call and toll-free services.

196.212 - Switched access rates.

196.216 - Small telecommunications utilities as small businesses.

196.217 - Average toll rates.

196.218 - Universal service fund.

196.219 - Protection of telecommunications consumers.

196.22 - Discrimination forbidden.

196.23 - Utility service for victims of misappropriated identifying information.

196.24 - Agents of commission; powers.

196.25 - Questionnaires.

196.26 - Complaint by consumers; hearing; notice; order; costs.

196.28 - Summary investigations.

196.30 - Utilities may complain.

196.31 - Intervenor financing.

196.315 - Consumer advocate funding.

196.32 - Witness fees and mileage.

196.33 - Depositions.

196.34 - Commission records.

196.36 - Transcripts and tapes.

196.37 - Lawful rates; reasonable service.

196.371 - Rate-making principles for electric generation facilities.

196.372 - Financial assistance for lead-containing customer-side water service lines.

196.373 - Water heater thermostat settings.

196.374 - Energy efficiency and renewable resource programs.

196.375 - Adequate service; reasonable rates.

196.377 - Renewable energy sources.

196.378 - Renewable resources.

196.39 - Change, amendment and rescission of orders; reopening cases.

196.395 - Test, conditional, emergency and supplemental orders; order conditions.

196.40 - Orders and determinations; time of taking effect.

196.41 - Court review.

196.43 - Injunction procedure.

196.44 - Law enforcement.

196.48 - Incriminating evidence.

196.485 - Transmission system requirements.

196.487 - Reliability of electric service.

196.49 - Authorization from commission before transacting business; extensions and improvements to be approved; enforcement of orders; natural gas.

196.491 - Strategic energy assessment; electric generating facilities and transmission lines; natural gas lines.

196.494 - Regional transmission planning.

196.495 - Avoidance of duplication in electric facilities.

196.496 - Distributed generation facilities.

196.497 - State policy regarding the long-term disposal of high-level radioactive waste and transuranic waste.

196.499 - Regulation of telecommunications carriers.

196.50 - Competing public utilities; indeterminate permits; telecommunications utility certification.

196.503 - Telecommunications provider of last-resort obligations.

196.504 - Broadband expansion grant program; Broadband Forward! community certification.

196.5045 - Telecommuter Forward! certification.

196.505 - Construction of chapter.

196.51 - Prior permits and franchises validated.

196.52 - Relations with affiliated interests; definition; contracts with affiliates filed and subject to commission control.

196.525 - Loans to officers or directors and loans to and investments in securities of holding companies; penalty.

196.53 - Franchise, foreign corporation not to have.

196.54 - Indeterminate permits.

196.58 - Municipality to regulate utilities; appeal.

196.59 - Merchandising by utilities.

196.595 - Utility advertising practices.

196.60 - Discrimination prohibited; penalty.

196.604 - Rebates, concessions and discriminations unlawful.

196.605 - Telecommunications cooperatives with federal loans.

196.61 - Facilities in exchange for compensation prohibited.

196.625 - Discrimination by telecommunications utilities.

196.63 - Telecommunications interruption in crisis situation.

196.635 - Unbilled utility service.

196.64 - Public utilities, liability for treble damages.

196.642 - Customer liability for treble damages.

196.643 - Public utility service to rental dwelling unit.

196.645 - Rate changes.

196.65 - Penalties relating to information and records.

196.66 - General forfeiture provisions.

196.665 - Unlawful combinations, trusts.

196.67 - Warning signs.

196.675 - Unlawful for carriers and public utilities to employ assistant district attorneys or judicial officers.

196.68 - Municipal officers, malfeasance.

196.69 - Interference with commission's equipment.

196.70 - Temporary alteration or suspension of rates.

196.71 - Municipal public utility contracts.

196.72 - Accidents; public utility report; investigation.

196.74 - Electric lines; safety and interference.

196.745 - Construction and operation; safety; commission orders.

196.76 - Other rights of action; penalties cumulative.

196.78 - Voluntary dissolution.

196.79 - Reorganization subject to commission approval.

196.795 - Public utility holding companies.

196.796 - Real estate activities.

196.80 - Consolidation or merger of utilities.

196.807 - Energy affiliate and utility employees.

196.81 - Abandonment; commission approval required.

196.84 - Commission's holding company and nonutility affiliate regulation costs.

196.85 - Payment of commission's expenditures.

196.855 - Assessment of costs against municipalities.

196.857 - Stray voltage program.

196.858 - Assessment for telephone relay service.

196.859 - Assessment for telecommunications utility trade practices.

196.86 - Assessments for air quality improvement program.

196.91 - Acquisition of existing dams.

196.92 - Procedure for acquiring dams.