196.54 Indeterminate permits.
(1) Grants to be indeterminate. Every license, permit or franchise granted after July 11, 1907, to any public utility shall have the effect of an indeterminate permit subject to this chapter and ch. 197.
(2) Franchises made indeterminate. Every license, permit or franchise granted prior to July 11, 1907, by the state or by a municipality authorizing and empowering the grantee to own, operate, manage or control within this state, either directly or indirectly, a public utility or any part of a public utility is altered and amended to constitute and be an indeterminate permit which is subject to this chapter and ch. 197. The license, permit or franchise shall have the same force and effect as a license, permit or franchise granted after July 11, 1907, to any public utility, except as provided under s. 197.02.
(3) Validation of franchises and permits.
(a) No franchise affected by sub. (2) and no indeterminate permit shall be declared invalid if:
1. The franchise or permit was not obtained by fraud, bribery or corrupt practices.
2. When the franchise or permit was granted, no officer of the municipality granting the franchise or permit was directly or indirectly interested in the franchise or permit or in the corporation obtaining the franchise or permit.
(b) Any franchise affected by sub. (2) and any indeterminate permit is valid if:
1. The corporation having the franchise or permit, prior to surrendering of the franchise or at the beginning of its public service under the permit, in good faith has purchased or constructed any public utility, or any part of a public utility authorized by the franchise.
2. The corporation, in obtaining the franchise or permit, has substantially complied with the requirements provided by law for obtaining the franchise or permit.
(4) Grants after July 11, 1907; consent to municipal purchase. If a public utility accepts or operates under any license, permit or franchise granted after July 11, 1907, the public utility shall be deemed to have consented under its indeterminate permit to a future purchase of its property actually used and useful for the convenience of the public by the municipality in which the major part of it is situated for the compensation and under the terms and conditions determined by the commission. The public utility shall be deemed to have waived the right to require that the necessity of taking be established by the verdict of a jury, and any other remedy or right relative to condemnation, except any remedy or right under this chapter and ch. 197.
(5) Municipal purchase invalidates permit. An indeterminate permit shall be invalid if a municipality exercises its option to purchase the public utility being operated under the permit or if the permit is otherwise terminated according to law.
(6) Applicability. This section does not apply to a telecommunications utility.
History: 1981 c. 390; 1983 a. 53 ss. 69 to 73; 1983 a. 192; 1993 a. 496.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 196 - Regulation of public utilities.
196.012 - Interstate commerce.
196.015 - Total service long-run incremental cost.
196.016 - Relationship to certain federal telecommunications law.
196.025 - Duties of the commission.
196.027 - Environmental trust financing.
196.029 - Energy administration.
196.03 - Utility charges and service; reasonable and adequate.
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.
196.10 - Construction; accounting.
196.11 - Profit sharing and sliding scales.
196.12 - Report by public utilities; items.
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.
196.19 - 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.
196.218 - 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.
196.26 - 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.
196.36 - 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.
196.43 - Injunction procedure.
196.48 - Incriminating evidence.
196.485 - Transmission system requirements.
196.487 - Reliability of electric service.
196.494 - Regional transmission planning.
196.495 - Avoidance of duplication in electric facilities.
196.496 - Distributed generation facilities.
196.499 - Regulation of telecommunications carriers.
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.
196.53 - 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.
196.65 - Penalties relating to information and records.
196.66 - General forfeiture provisions.
196.665 - Unlawful combinations, trusts.
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.