Section 168.05. Qualifying providers.

 

(1)  A telecommunications provider that is certified as a telecommunications reseller under s. PSC 168.06 may do all of the following:

(a) Resell services approved for resale by the commission, as set forth in s. PSC 168.03 , and purchase and use access services from telecommunications providers.

(b) Own, operate, manage or control switches, processors, routers, and other equipment customarily found in a telecommunications utility switching office or wire center.

(c) Provide operator services.

(d) Own, operate, manage, or control, in Wisconsin, transmission facilities, including wire, cable, fiber optics, or radio, and associated electronics, whose cost basis, including capital leases as defined by generally accepted accounting principles, does not exceed $400,000. The requirements of this paragraph shall be determined for the reseller as of the date of its application for certification and as of December 31 of each calendar year, based upon responses to annual commission questionnaires filed under s. 168.12 .

(2)  Upon a petition from a reseller, or the commission's own motion, the commission may, after investigation, notice and opportunity for hearing, exempt the reseller from sub. (1) (d) , or reclassify the reseller as another type of telecommunications provider. When considering exempting or reclassifying a reseller, the commission may grant an exemption or order reclassification, with or without conditions to protect the public interest, based on the facts of the situation and any other information supplied by the provider.

(3)  Nothing in this section authorizes a telecommunications reseller to provide facilities-based local exchange services, as defined in s. 196.219 (1) (b) , Stats., in municipalities served by small telecommunications utilities having 150,000 or fewer access lines in service in this state and for which certification in compliance with ss. 196.203 , 196.499 (16) , or 196.50 (2) , Stats., is required.

Cr. Register, November, 1997, No. 503 , eff. 12-1-97; CR 13-025 : am. (1) (d), (3) Register January 2014 No. 697 , eff. 2-1-14; correction in (1) (c) made under s. 13.92 (4) (b) 7. , Stats., Register January 2014 No. 697 .