Wis. Admin. Code Public Service Commission § PSC 160.13 - Designation of eligible telecommunications carriers
(1) GENERAL.
(a) The commission may designate a
telecommunications provider as an eligible telecommunications carrier . This
designation is not transferable.
(b) The commission may suspend or revoke an
ETC designation if the designee violates the requirements in this
section.
(2)
REQUIREMENTS FOR ETC DESIGNATION.
(a) A full
or low-income ETC , but not a federal-only ETC , is eligible to receive universal
service funding for an area, under both applicable federal and state universal
service programs, if it meets all of the following requirements:
1. Holds itself ready to offer all elements
of essential telecommunications service, as defined in s.
PSC
160.03(2), to all customers in the
area for which it is requesting ETC status.
2. Regularly advertises its service in the
area for which it is requesting ETC status, with the advertisements meeting all
of the following requirements:
a. Are
disseminated in media of general distribution in the area, at least 2 times per
year.
b. Describe the services
offered.
3. Offers
lifeline service, as defined in s.
PSC
160.062, wherever service is offered in the area for
which it is requesting ETC status, and publicizes the availability of those
offerings in a manner reasonably designed to reach those likely to qualify for
them.
(b) An applicant for federal-only
ETC designation under s.
196.218(4)
(b), Stats., is required to meet all of the
applicable federal eligibility requirements in
47
CFR 54.201 and
54.202,
and any state requirements or processes that federal law requires ETCs to
follow.
Note: For example, federal
(3) APPLICATION FOR NEW OR EXPANDED ETC
STATUS. Application for new or expanded ETC status. An applicant for new or
expanded eligible telecommunications carrier status shall demonstrate its
ability to meet the requirements under sub. (2) by including all of the
following information in its application:
(a)
Certification that it will meet the requirements in sub. (2) (a) or
(b).
(b) A demonstration of how the
applicant meets the requirement of
47
USC 214(e) (1) (A). This
shall be demonstrated in one of the following ways:
1. An explanation of how the applicant will
use its own facilities, or a combination of its own facilities and resale, to
provide voice telecommunications service to a Wisconsin customer.
2. An electronic link to or copy of the
federal communications commission order approving the applicant's compliance
plan, and an electronic link to the approved compliance plan.
Note: A
(c)
One of the following:
1. A copy of the
applicant's 5 year plan, and associated documentation, as required by
47
CFR 54.202(a) (1) ii.,
including certification that it will use any federal high cost support monies
for the purposes allowed under
47 USC
254(e) and 47 CFR 54.313(a)
and 54.314 (a) .
2. A certified
statement that the applicant will not seek high cost assistance funding from
the federal universal service fund or high rate assistance funding from the
state universal service fund.
(d) A copy of any certifications, information
and demonstrations required under
47
CFR 54.201 and
54.202.
(e) A list of all of the exchanges or wire
centers, or both, for which ETC status is sought and identification of any wire
center for which status is sought for only a portion of the wire
center.
(f) The applicant's name,
any other name under which the applicant does business, the applicant's
commission utility identification number and proof of registration with the
department of financial institutions.
(g) The applicant's contact information for
each of the following:
1. Commission
inquiries about financial or assessment issues.
2. Commission inquiries about customer
issues.
3. Customers to use to
contact the applicant directly about customer issues.
4. Potential customers to use to obtain
service from the applicant.
(h) A statement that the applicant will
timely update the information in pars. (f) and (g).
(i) Any other information the commission
considers necessary.
(4)
ETC REPORTING. All eligible telecommunications carriers shall submit to the
commission, within 14 days of the associated federal filing date, all of the
following:
(a) For full ETCs that are eligible
for high cost assistance, all of the following:
1. All of the information required under
47 CFR
54.313.
2. Any information necessary for the
commission to certify that the ETC has this year, and will next year, use its
high cost assistance monies for the purposes allowed under
47 USC
254(e) and 47 CFR 54.313(a)
and 54.314 (a) .
3. Any other
information that federal regulations require such ETCs to provide to state
commissions.
(b) For all
full and low-income ETCs, all of the following:
1. The information required under
47
CFR 54.422.
2. Any other information that federal
regulations require such ETCs to provide to state commissions.
(c) For all ETCs, all of the
following within 14 days of the occurrence:
1. Updates to all of the information in sub.
(3) (g) and (h).
2. Any other
information that federal regulations require ETCs to provide to state
commissions.
Note: Some of the information required under this section can be provided to the commission by submitting copies of filings with the FCC.
(5) AREA COVERED BY ETC DESIGNATION.
(a) The area in which a provider shall be
designated as an eligible telecommunications carrier shall be one of the
following:
1. If requesting ETC designation
for an area that is served by an incumbent local exchange provider that is not
a rural telephone company, one of the following:
a. For a full ETC applicant, one or more of
the incumbent local exchange service provider's wire centers.
b. For a low-income ETC applicant, the area
designated by the applicant and approved by the commission.
2. If requesting ETC designation
for an area that is served by an incumbent local exchange service provider that
is a rural telephone company, one of the following:
a. Except as provided in subd. 2. b., the
incumbent local exchange service provider 's entire service territory.
b. If the federal communications commission
has granted a provider forbearance from the requirement that its designated
area match the boundaries of a rural incumbent local exchange carrier 's service
territory, the area designated by the applicant and approved by the commission.
(b)
Notwithstanding any other provision in this subsection, unless approved by the
commission and, if necessary, the federal communications commission, no ETC
designation area may include only a portion of a wire
center.
(6) DESIGNATION
OF MULTIPLE ETCS IN AN AREA .
(a) The
commission may only designate an additional eligible telecommunications carrier
in an area where one has already been designated after finding that doing so is
in the public interest. For an area served by an incumbent local exchange
service provider that is not a rural telephone company, the commission may
perform a less detailed public interest analysis than if the area is served by
an incumbent local exchange service provider that is a rural telephone
company.
(b) In its public interest
analysis under par. (a), the commission shall include consideration of all of
the following:
1. The factors in s.
196.03(6),
Stats.
2. The potential for
cream-skimming.
(7) LIST OF ETCS. The commission shall
maintain a list of the eligible telecommunications carriers for all areas of
the state.
(8) RELINQUISHING ETC
DESIGNATION.
(a) An eligible
telecommunications carrier may relinquish that designation for an area by
notifying the commission and the administrators of both the state and federal
universal service funds, in writing, of its intention.
(b) If at least one other ETC is designated
for that area, the relinquishing ETC shall be relieved of ETC status for that
area, without commission action, on the later of 14 days after commission
receipt of the notification or the effective date proposed by the
provider.
(c) If no other ETC is
designated for that area, the relinquishing ETC shall remain as the ETC for
that area until the commission designates an alternative ETC . In that case, the
commission shall notify the relinquishing, ETC and the administrators of the
state and federal funds, that ETC status is still in effect. The commission may
use an auction or other reasonable process to designate a new ETC for an area
for which the only existing ETC is seeking to relinquish that status. The
commission may authorize compensation from the universal service fund as part
of this process.
(d) A provider may
continue to furnish services in an area for which it has relinquished ETC
status. If a provider seeks to abandon facilities or discontinue any service,
it shall notify affected customers and follow any abandonment or discontinuance
procedures required by the commission, Wisconsin department of agriculture,
trade and consumer protection or the federal communications
commission.
(e) A federal-only
eligible telecommunications carrier that is no longer eligible for that
designation because it is no longer a wireless provider or because it wants to
access state USF support may apply for a new ETC designation. The ETC's
federal-only ETC status remains in effect while the commission investigates and
acts on the ETC's new application.
Notes
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