LRB-0623/1
MDK:nwn&jld:rs
2009 - 2010 LEGISLATURE
November 10, 2009 - Introduced by Law Revision Committee. Referred to
Committee on Energy and Utilities.
AB566,1,7
1An Act to repeal 196.196 (1) (g) 4., 196.196 (5) (f) 1. e. and 196.218 (9);
to amend
2196.09 (9) (a) 2., 196.196 (1) (g) 1. (intro.), 196.196 (5) (f) 1. (intro.), 196.196 (5)
3(f) 1. f., 196.215 (7) (b) 1., 196.218 (4), 196.218 (5m), 196.218 (5r) (a) (intro.) and
4196.218 (5r) (b); and
to repeal and recreate 196.218 (5r) (title) of the statutes;
5relating to: certain review, reporting, and out-of-date requirements
6regarding the Public Service Commission (suggested as remedial legislation by
7the Public Service Commission).
Analysis by the Legislative Reference Bureau
This bill makes the following changes to statutes administered by the Public
Service Commission (PSC):
1. Under current law, the PSC must submit a biennial report to the Joint
Committee on Information Policy and Technology (JCIPT) regarding investments in
advanced telecommunications infrastructure and the report must cover specified
topics, including integrated services digital network (ISDN) deployment. This bill
requires the PSC to submit the report to the legislature and eliminates the
requirement that the report must cover ISDN deployment. Also, the bill requires the
report to cover a topic only if there are issues with the availability or deployment of
telecommunications infrastructure regarding the topic.
2. The bill requires the PSC to review telecommunications depreciation
guidelines every three years, rather than every two years as required under current
law.
3. Under current law, the PSC must submit an annual report to JCIPT
regarding the universal service fund (USF). This bill requires the PSC to submit the
report biennially to the legislature.
4. Current law requires the PSC to review, at least biennially, rules regarding
the USF. The bill requires the PSC to review the rules, but eliminates the biennial
requirement.
For further information, see the Notes provided by the Law Revision
Committee of the Joint Legislative Council.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Law Revision Committee prefatory note: This bill is a remedial legislation
proposal, requested by the Public Service Commission and introduced by the Law
Revision Committee under s. 13.83 (1) (c) 4. and 5., stats. After careful consideration of
the various provisions of the bill, the Law Revision Committee has determined that this
bill makes minor substantive changes in the statutes, and that these changes are
desirable as a matter of public policy.
AB566, s. 1
1Section
1. 196.09 (9) (a) 2. of the statutes is amended to read:
AB566,2,62
196.09
(9) (a) 2. The commission shall review
biennially triennially the
3guidelines established under subd. 1., except that if the commission receives, more
4than 365 days before the deadline for a
biennial review, a written request from a
5telecommunications utility for a review, the commission shall review the guidelines
6no later than 365 days after receiving the request.
Note: This Section changes, from a biennial to a triennial requirement, the
requirement for the Public Service Commission to review the guidelines establishing
classes of fixed capital that telecommunications utilities use for public utility purposes,
a range of annual depreciation rates for each of those classes, and a composite range of
annual depreciation rates for all classes of fixed capital.
AB566, s. 2
7Section
2
. 196.196 (1) (g) 1. (intro.) of the statutes is amended to read:
AB566,3,58
196.196
(1) (g) 1. (intro.) Five years after a telecommunications utility elects
9to become a price-regulated telecommunications utility
or, if subd. 4. applies, within
10the dates specified in that subdivision, the commission shall hold a hearing, and at
11any time thereafter, upon complaint or on the commission's own motion, the
1commission may hold a hearing, to determine whether it is in the public interest to
2suspend one or more of the provisions of this subsection as it applies to a
3price-regulated telecommunications utility or to approve an alternative regulatory
4method for that utility. In making a determination under this subdivision, the
5commission shall identify all of the following:
AB566, s. 3
6Section
3
. 196.196 (1) (g) 4. of the statutes is repealed.
Note: Sections 2 and 3 repeal an outdated provision that specifies deadlines for
hearings for a telecommunications utility that elects to become a price-regulated
telecommunications utility.
AB566, s. 4
7Section
4
. 196.196 (5) (f) 1. (intro.) of the statutes is amended to read:
AB566,3,148
196.196
(5) (f) 1. (intro.)
Before January 1,
1996, and biennially thereafter 9Biennially, the commission shall submit a report to the
joint committee on
10information policy and technology legislature under s. 13.172 (2) describing the
11status of investments in advanced telecommunications infrastructure in this state.
12The report shall include information on
the progress made in all of the following
13areas uses if there are issues with the availability or deployment of
14telecommunications infrastructure for those uses:
Note: Section 4 requires the Public Service Commission to submit a biennial
report on status of investments in advanced telecommunications infrastructure to the
legislature, rather than to the Joint Committee on Information Policy and Technology;
and deletes the report's inclusion of information on integrated services digital network
deployment.
AB566, s. 5
15Section
5. 196.196 (5) (f) 1. e. of the statutes is repealed.
AB566, s. 6
16Section
6. 196.196 (5) (f) 1. f. of the statutes is amended to read:
AB566,3,1817
196.196
(5) (f) 1. f. Other
infrastructure investments uses identified by the
18commission.
AB566, s. 7
19Section
7
. 196.215 (7) (b) 1. of the statutes is amended to read:
AB566,4,11
1196.215
(7) (b) 1.
Beginning on September 1, 1994, and ending on December
231, 1997, the basic single-party residential flat rate shall be the weighted average
3basic single-party residential monthly rate for all telecommunications utilities in
4this state as of December 31, 1993, which includes average local usage charges,
5touch-tone charges and extended area service charges but does not include extended
6community calling usage charges. Beginning on January 1, 1998, the basic
7single-party residential flat rate shall be the weighted average basic single-party
8residential monthly rate for all telecommunications utilities in this state, which
9includes average local usage charges, touch-tone charges and extended area service
10charges but does not include extended community calling usage charges, subject to
11adjustment under subd. 2.
Note: Section 7 deletes an outdated requirement that set the basic single-party
residential flat rate for the time period from September 1, 1994, to December 31, 1997.
AB566, s. 8
12Section
8. 196.218 (4) of the statutes is amended to read:
AB566,5,813
196.218
(4) Essential services and advanced service capabilities. Before
14January 1, 1996, and biennially thereafter, the The commission shall promulgate
15rules that define a basic set of essential telecommunications services that shall be
16available to all customers at affordable prices and that are a necessary component
17of universal service.
Before January 1, 1996, and biennially thereafter, the The 18commission shall promulgate rules that define a set of advanced service capabilities
19that shall be available to all areas of this state at affordable prices within a
20reasonable time and that are a necessary component of universal service. For rules
21promulgated
before January 1, 1996, a reasonable time for the availability of the
22defined set of advance service capabilities shall be no later than January 1, 2005,
23and, for rules promulgated thereafter after December 31, 1995, a reasonable time for
1the availability of additional advanced service capabilities in the defined set shall be
2no later than 7 years after the effective date of the rules. These essential services
3and advanced service capabilities shall be based on market, social, economic
4development and infrastructure development principles rather than on specific
5technologies or providers. Essential services include single-party service with
6touch-tone capability, line quality capable of carrying facsimile and data
7transmissions, equal access, emergency services number capability, a statewide
8telecommunications relay service and blocking of long distance toll service.
Note: This Section deletes outdated references to the time period within which
administrative rules must be promulgated relating to essential services and advanced
service capabilities; and inserts an up-to-date reference to the time period.
AB566, s. 9
9Section
9. 196.218 (5m) of the statutes is amended to read:
AB566,5,1110
196.218
(5m) Rule review. At least biennially, the The commission shall
11review and revise as appropriate rules promulgated under this section.
Note: This Section deletes a requirement to review and revise administrative
rules relating to the universal service fund at least biennially. As amended, the Public
Service Commission must review and revise the rules as appropriate.
AB566, s. 10
12Section
10. 196.218 (5r) (title) of the statutes is repealed and recreated to read:
AB566,5,1313
196.218
(5r) (title)
Report.
AB566, s. 11
14Section
11. 196.218 (5r) (a) (intro.) of the statutes is amended to read:
AB566,5,1815
196.218
(5r) (a) (intro.)
Annually
Biennially, the commission shall submit a
16universal service fund report to the
joint committee on information policy and
17technology legislature under s. 13.172 (2). The report shall include information
18about all of the following:
Note: This Section changes a requirement that the Public Service Commission
submit the universal service fund report annually to the Joint Committee on Information
Policy and Technology to a biennial report submitted to the legislature under section
13.172 (2) of the statutes. That section requires reports to be submitted to the chief clerk
of each house of the legislature, who must publish notice of receipt of the report in the
journals of the respective houses and periodically provide a list of the agency reports
received to the members of the respective houses.
AB566, s. 12
1Section
12. 196.218 (5r) (b) of the statutes is amended to read:
AB566,6,72
196.218
(5r) (b) The commission shall prepare a report to determine if public
3access broadcast channels may receive funding from the universal service fund as an
4advanced telecommunications service or other service and the effect of federal law
5on public access broadcast channel funding eligibility. The results of the report shall
6be included in the 2nd annual report submitted by the commission under
par. (a) s.
7196.218 (5r) (a), 2007 stats.
AB566, s. 13
8Section
13
. 196.218 (9) of the statutes is repealed.
Note: Section 13 deletes a requirement that the Public Service Commission
conduct a study to determine if emergency telephone services should be supported by the
universal service fund. Because the study was submitted by the due date specified in the
statute (January 1, 1997), the statute is now obsolete.
