Section 160.071. Service and equipment pricing for individuals with special telecommunications needs.

 

(1)   Special telecommunications needs certification.

(a) A person with a disability may determine whether that disability presents a barrier to use of telecommunications services, or equipment, or both. That person shall determine what accommodations are needed to ensure effective telecommunications access.

(b) When a provider, the fund administrator, a vendor, or the commission has sound reason to question the self-certification of a customer under par. (a) , additional verification of disability, such as an appropriate medical professional's written diagnosis and description of physical limitations and special needs resulting from that diagnosis, may be required for certification of special telecommunications needs. An appropriate medical professional is one who is qualified to make such a diagnosis and provide such a description.

(1m)   Telecommunications equipment purchase program.

(a) Definitions. In this subsection:

1. "Cognitive impairment" means a condition that limits every day practical skills and involves significant difficulty with memory, information processing, executive functions, or some combination thereof.

2. "Disability" means a physical, cognitive, or sensory impairment that limits or curtails an individual's ability to use telecommunications services or equipment, or both.

(am) The universal service fund administrator shall make vouchers available to assist customers with a disability who have special telecommunications needs certification under s. PSC 160.071 (1) in the purchase of equipment needed to personally access and use essential services of the telecommunications network. A customer may not use a voucher to purchase equipment which will be used exclusively for commercial purposes.

(b) Vouchers shall be limited to the following amounts by category of disability:

1. $100 for hard of hearing.

2. $800 for deaf and severely hard of hearing.

3. $1,600 for speech impaired.

4. $1,600 for mobility or motion impaired.

5. $2,500 for severely hard of hearing - low vision or deaf - low vision.

6. $7,200 for severely hard of hearing - blind or deaf - blind.

(c) A voucher recipient under par. (b) 1. is not required to make a co-payment. All other voucher recipients are required to make a co-payment of $100 when the equipment is purchased. Under par. (f) , for certain low income customers the co-payment may be supplied by funding through the telecommunications assistance program administered by the Wisconsin department of health services under s. 46.297 , Stats., and ch. DHS 78 . For certain low-income customers in the categories under par. (b) 3. and 4. the co-payment may be supplied by the universal service fund if the customer provides a medical professional's statement confirming the need for telecommunications equipment available under this section and if the customer certifies that he or she would meet the income requirements of the telecommunications assistance program.

(e) An applicant shall submit a completed, commission-approved voucher application form to the universal service fund administrator.

(f) Applicants for vouchers under this section shall be Wisconsin residents. An applicant may not receive a voucher for equipment for the same disability more than once every 3 years. An applicant may receive a voucher for equipment even if another person in the same household has also received a voucher. The fund administrator shall refer applications filed by low-income individuals in the categories under par. (b) 2. , 5. , and 6. , to the Wisconsin department of health services for telecommunications assistance program funding to provide any customer co-payment required under par. (c) . If the applicant is found eligible, the fund administrator may issue an alternative voucher to include that program's funding. If found ineligible, the fund administrator shall process a voucher application in priority according to its original date of receipt.

(g) The fund administrator shall grant applications on a first-come, first-served basis except no single disability classification described in par. (b) may be issued vouchers totaling more than 75% of the total annual budget within the first 3 quarters of the budget year.

(h) The fund administrator shall establish a waiting list for applications held pending available funding or under par. (g) .

(i) The commission may establish new disability categories and voucher maximums if it identifies a need.

(j) Vendors may redeem vouchers, submitted with an invoice, from the universal service fund administrator. A vendor may not receive reimbursement that exceeds the total purchase price of the equipment with tax less, where applicable, a customer co-payment of $100. The commission may, for good cause, suspend a vendor's eligibility to redeem vouchers under this program. Suspended vendors may not receive reimbursement for vouchers submitted for purchases or customer orders made after the date of suspension.

(k) Commission staff may impose reasonable limits on the types and quantities of devices that may be purchased with one voucher.

(L)

1. The fund administrator shall maintain and make accessible, a list of the types and quantities of equipment eligible for purchase with a single voucher in each category under par. (b) . Revisions to the list shall be done periodically by the fund administrator in consultation with the commission staff and representatives selected by the universal service fund council. The fund administrator and commission may solicit input regarding revisions from vendors, representatives of interested groups serving the disabled and others, as appropriate.

2. The commission staff and fund administrator may include equipment that can be used to access the internet for telecommunications service on the list of equipment available to individuals in the categories under par. (b) 3. to 6. Internet access equipment includes a personal computing device and necessary software, but does not include customer premises wiring, telephone or cable access lines, or telecommunications services.

3. Individuals requesting equipment under subd. 2. shall provide a medical professional's statement to the fund administrator stating that the equipment is necessary to meet the telecommunications needs of that individual.

(m) Equipment purchases involving individual exceptions to the eligible equipment lists under par. (L) may be granted by the fund administrator only following consultation with commission staff. Commission staff, the fund administrator, or both, may solicit input regarding such exceptions from vendors, representatives of interested groups serving the disabled and others, as appropriate.

(n) Objections to items included on or excluded from the eligible equipment lists and determinations regarding individual exceptions shall be submitted to the commission in writing. The commission staff shall review the objection and issue a letter addressing it. Commission staff decisions may be appealed to the commission.

(4)   Directory assistance charges.

(a) An eligible telecommunications carrier other than a federal-only ETC shall waive the charge for a reasonable number of directory assistance calls in a month for a customer with a disability that meets all of the following:

1. Is certified under s. PSC 160.071 (1) .

2. Prevents the customer from using the telephone directory.

(b) The ETC shall receive reasonable reimbursement from the universal service fund for these calls.

(5)   Operator assistance charges.

(a) An eligible telecommunications carrier other than a federal-only ETC shall waive the charge for operator assistance to place calls for a customer with a disability that meets all of the following:

1. Is certified under s. PSC 160.071 (1)

2. In the customer's opinion, requires the custom calling service in order for the customer to receive service that is comparable to the essential service provided to other customers.

(b) The ETC shall receive reasonable reimbursement from the universal service fund for these calls.

(6)   Custom calling service charges.

(a) An eligible telecommunications carrier other than a federal-only ETC shall waive the charge for a custom calling service for a customer with a disability that meets all of the following:

1. Is certified under s. PSC 160.071 (1) .

2. In the customer's opinion, requires the custom calling service in order for the customer to receive service that is comparable to the essential service provided to other customers.

(b) The ETC shall receive reasonable reimbursement from the universal service fund for these services.

(6m)   Second line charges.

(a) An eligible telecommunications carrier other than a federal-only ETC shall waive any intrastate nonrecurring charge or monthly rate for a second line for all of the following:

1. A hearing impaired customer who is able and chooses to use 2 line voice carryover.

2. A speech impaired customer who is able and chooses to use 2 line hearing carryover.

(b) If a customer requests a service that is equivalent to those listed in par. (a) , the ETC shall waive the same amount it would waive under par. (a) .

(c) The ETC shall receive reasonable reimbursement from the universal service fund for the amount waived.

(7)   Filing deadline. A provider may not receive reimbursement under subs. (4) to (6m) unless it files its reimbursement request with the fund administrator no later than April 1 of the year following the year during which the provider would have billed the charge to a customer. The provider may obtain an extension from commission staff for good cause.

Cr. Register, April, 1996, No. 484 , eff. 5-1-96; cr. (1) (k) to (n) and (6) (b), renum. (6) to be (6) (a), am. (1) (a), to (c), (f), (j) and (3), Register, April, 2000, No. 532 , eff. 5-1-00; correction in (1) (f) made under s. 13.92 (4) (b) 6. , Stats., Register February 2011 No. 662 ; CR 13-068 : am. (title), renum. (1) (title), (a) to (1m) (title), (am) and am., (1) (title), (a), (b) renum. from 160.07 (1), (2) and am., renum. (1) (b), (c) to (1m) (b), (c) and am. (b) 1., 4. to 6., (c), r. (1) (d), renum. (1) (e) to (k) to (1m) (e) to (k) and am., renum. (1) (L) to (1m) (L) 1. and am., renum. (1) (m), (n) to (1m) (m), (n) and am. (n), cr. (1m) (a), (L) 2., 3., r. (2), (3), renum. (4) (a) to (a) (intro.) and am., cr. (4) (a) 1., 2., (b), renum. (5) (a) to (a) (intro.) and am., cr. (5) (a) 1., 2., (b), renum. (6) (a) to (6) (a) (intro.) and am., cr. (6) (a) 1., 2., renum. (6) (b) to (6m) (a) (intro.) and am., cr. (6) (b), (6m) (a) 1., 2., (b), (c), (7) Register January 2016 No. 721 , eff. 2-1-16; correction in numbering in (6m) (a) made under s. 13.92 (4) (b) 1. , Stats., and corrections in (1) (c), (L) 2., (7) made under s. 35.17 , Stats., Register January 2016 No. 721 , eff. 2-1-16.

Note

Customers with disabilities may obtain commission-approved voucher application forms from the fund administrator, the commission, or other sources, including the commission's website: psc.wi.gov. Microsoft Windows NT 6.1.7601 Service Pack 1 The equipment list will be posted on the commission's website (psc.wi.gov). A vendor may submit an e-mail address to the commission and request e-mail notification of whenever a revised list is posted. Microsoft Windows NT 6.1.7601 Service Pack 1