Section 160.18. Collection of universal service fund monies.

 

(1)  Each assessed provider shall pay the amount of its assessment to the universal service fund. Assessed providers include all telecommunications providers operating within Wisconsin, except those with intrastate gross telecommunications revenues of less than $200,000 during the preceding calendar year.

(2)  The commission may require a person other than a telecommunications provider to contribute to the universal service fund, if after notice and opportunity for hearing the commission determines that the person is offering nontraditional broadcast services in competition with a telecommunications service for which a contribution is required under this chapter.

(3)  Telecommunications providers shall be assessed on the basis of their gross intrastate operating revenues from telecommunications services.

(4)  Each telecommunications provider shall submit information, on a schedule and in a format set by the commission, on the telecommunications provider's gross intrastate telecommunications revenues during the preceding calendar year.

(5)  The percentage liability for a given telecommunications provider is the ratio of that provider's intrastate gross telecommunications revenues to the sum of the intrastate gross telecommunications revenues for all contributory providers.

(6)  A given telecommunications provider shall be assessed the percentage liability of that provider under sub. (5) multiplied by the total annual amount to be collected. For monthly billings, the annual assessment amount shall be divided into 12 equal parts. For quarterly billings the annual amount shall be divided into four equal parts.

(7)  Telecommunications providers who provided telecommunications service in Wisconsin for only part of the preceding calendar year shall be assessed based on actual revenues for the year, without adjustments to annualize that revenue.

(8)  Failure to receive a bill is not grounds for relief from a telecommunications provider's liability for assessment.

(9)  

(a) The commission may bill telecommunications providers for the assessments as calculated in sub. (6) on a monthly, quarterly or annual basis. A telecommunications provider shall pay its monthly, quarterly or annually billed portion of its calculated assessment within 30 days after the bill is mailed. A telecommunications provider that has not paid within 30 days after the bill is mailed shall be considered to have not paid under s. 196.218 (8) , Stats., and the commission may collect the bill using the process described in s. 196.85 (3) , Stats.

(b)

1. A telecommunications provider that disagrees with a new assessment amount as calculated under sub. (6) shall object within 30 days after the bill using the new assessment amount is mailed. The commission shall consider an objection to an assessment amount made more than 30 days after the first bill using the new assessment amount is mailed as an objection to the assessment amount beginning with the most recent assessment bill.

2. The making of an objection and commission action regarding that objection shall follow the process described in s. 196.85 (4) , Stats.

3. Notwithstanding subd. 1. , if the objection is due to a mistake in calculating or reporting data, and the mistake results in a provider overpaying, then the commission shall reimburse the provider the amount overpaid even if the objection is made more than 30 days after the first bill using a new assessment amount.

Cr. Register, April, 1996, No. 484 , eff. 5-1-96; renum. (1) (intro.) and (9) to be (1) and (9) (a), r. (1) (a) and (b), cr. (9) (b) and (10), Register, April, 2000, No. 532 , eff. 5-1-00; CR 13-068 : am. (4), (6), (9) (a), renum. (9) (b) to (9) (b) 1. and am., cr. (9) (b) 2., 3., r. (10) Register January 2016 No. 721 , eff. 2-1-16; correction in (9) (b) 3. made under s. 35.17 , Stats., Register January 2016 No. 721 , eff. 2-1-16.

Note

For example, if a new assessment amount is billed on October 1 and an objection is filed on October 15, the objection will be to the amount on all bills from October 1 on. If an objection is filed on November 15, the objection will be to the amount on all bills from November 1 on. Microsoft Windows NT 6.1.7601 Service Pack 1