(1) Whether offered
at wholesale, retail, or both, all telecommunications services of
telecommunications utilities and of alternative telecommunications utilities
that are required to allow resale by commission rule or order are approved for
resale by resellers, except the following:
(a)
Trunks for 911 and E911 service.
(b) Telephone relay services.
(c) Multi-party services.
(d) Telecommunications services offered in a
market trial. "Market trial" means an offering of a new service for technical
or market feasibility testing for a period not exceeding one year, and is
offered only to a small subgroup of all intended customers.
(e) Telecommunications services offered at
promotional rates that are restricted against resale by the offering utility.
"Promotional rate" means a temporary price discount or other incentive offered
to customers that will be effective for not more than 90 days for the purpose
of encouraging the purchase of new or additional telecommunications
services.
(f) Telecommunications
services offered at a discount to institutions providing educational, library
and health care services, as defined in
47 USC
254 and
any rules of the commission or federal communications commission implementing
that statute.
(g)
Telecommunications services that have been grandfathered, unless the services
are resold to customers that are eligible for the grandfathered services. In
such cases, the reseller shall be charged no more than the grandfathered price,
less any applicable wholesale discount and any other discounts, such as for
volume or term, for which the reseller qualifies.
Note Consistent with the last sentence of s.
PSC 168.01(1), this subsection does not
compel the creation of a wholesale rate, when, for example, a small
telecommunications utility is claiming that it is a rural telephone company
exempt from such duty under the provisions of
47
USC 153(37) and
251(f)
(1).
(2) Where prices for residential services are
set below those for similar business services, telecommunications services
bought at residential rates may not be resold to business customers.
(3) Upon its own motion, or upon petition by
a reseller telecommunications provider, or other interested person, the
commission may investigate the resale or potential resale of a service that is
offered by a telecommunications utility or an alternative telecommunications
utility and is not identified in sub. (1). The commission may determine whether
the service should be ordered available for resale, what terms, restrictions
and conditions, if any, are necessary or appropriate for resale, and whether
under
47 USC
251 any
present or proposed term, restriction, or condition unreasonably impairs the
resale of the service. The commission may issue an order to protect or promote
the public interest. An order may approve, restrict, condition, or remove a
restriction on, the resale of a service.
Note This paragraph authorizes the commission to
broadly deal with tariff terms and conditions that in operation unreasonably
impair the ability of a reseller to resell a tariffed telecommunications
service, as defined in s.
PSC 168.02(13). To be subject to this
paragraph, a tariff need not contain an explicit restriction against resale,
which is prohibited by s. PSC 168.03(1).
(4) The ownership or management of a private
shared telecommunications system, as defined in s.
196.201(1),
Stats., by itself does not constitute resale of telecommunications services for
purposes of this chapter, provided the resold services are furnished only to
retail end-user customers at a discrete premises, such as a building complex or
multi-tenant office building, served by the private shared telecommunications
system.
