Section 168.06. Petition; certification.

 

(1)  A telecommunications provider that must be certified as a telecommunications reseller under this chapter may not resell intrastate telecommunications services in Wisconsin without receiving and maintaining certification as provided in this chapter. If a telecommunications provider fails to obtain or maintain certification as a telecommunications reseller as required under this chapter, the provider's arrangements, contracts, and billings for resold intrastate telecommunications services rendered in Wisconsin without proper certification, are void.

(2)  A telecommunications reseller seeking certification as an alternative telecommunications utility reseller shall file a petition with the commission containing the following information:

(a) The legal name, address and telephone number of the telecommunications reseller.

(b) A list of marketing, trade or other names under which the reseller intends to conduct business.

(c) The name, title, telephone number and facsimile numbers of a responsible contact person for the company.

(d) An affidavit, signed by a corporate officer authorized to bind petitioner, that demonstrates that petitioner does not own, operate, manage or control, directly or indirectly, transmission facilities that are technologically capable of providing telecommunications service within Wisconsin and whose cost basis exceeds the limits specified in s. PSC 168.05 (1) (d) .

(e) If the petitioner is part of a holding company system, the names of all system affiliates and a description of the nature of their affiliations with the petitioner in the holding company system.

(f) As appropriate, a copy of a Wisconsin certificate of incorporation or a certificate from the department of financial institutions authorizing the petitioner to transact business in Wisconsin, and petitioner's state tax number.

(g) Identification of the services and activities under s. PSC 168.05 (1) for which certification is requested. A petition may include a request for exemption under s. PSC 168.05 (2) .

(h) An affidavit, signed by a corporate officer authorized to bind petitioner, that verifies that all information provided in the petition is true and correct to the best of the officer's knowledge or belief, and that the officer understands the commission's requirement that each year, in order to continue certification in Wisconsin, an annual report must be timely filed and any required fee must be paid.

(i) Any other information as required by the commission.

(3)  An original of the petition, and such number of copies as the commission may order, shall be filed with the secretary of the commission.

(4)  A fee for processing shall accompany a petition. A petition without the accompanying fee will not be accepted for filing and will be returned. The commission may determine by order the amount of the fee and the permissible form or forms of fee payment, which may include use of certified check, cashier's check or money order and shall be made payable to the public service commission of Wisconsin. The amount of the fee will not be returned to the petitioner if the petition is ultimately rejected by the commission.

(5)  

(a) On receipt of a reseller's completed petition for certification and fee, the commission shall review the petition and conduct such additional investigation, including hearing, as may be appropriate. Upon concluding its investigation, the commission may certify the petitioner, with or without conditions, as an alternative telecommunications utility reseller, unless the commission determines that grant of the petition is not in the public interest.

(b) If a reseller is seeking recertification after a prior certification under this chapter expired or was revoked by the commission and it had operated in Wisconsin without certification, the commission may consider the following factors in determining any repayment, refund, or credit respecting the reseller's void arrangements, contracts, and billings under sub. (1) :

1. The reason for the failure to obtain certification of its operations under this chapter.

2. The cooperation of the reseller in resolving past deficiencies in conjunction with the application for re-certification.

3. The past conduct of the reseller during the period in which it operated without valid certification under this chapter.

4. The number and type of prior and pending consumer complaints against the reseller based upon violations of this chapter or regulations of any other governmental unit.

5. The impact of repayment, refund, or credit upon the financial viability of the reseller.

(6)  If, upon petition by an interested person, the commission finds that a term or condition imposed in an alternative telecommunications utility certificate issued pursuant to this chapter is unnecessary for the protection of the public interest or is not competitively neutral in its effect, the commission shall modify or rescind the term or condition. 

Cr. Register, November, 1997, No. 503 , eff. 12-1-97; CR 10-143 : renum. (5) to be (5) (a), cr. (5) (b) Register August 2011 No. 668 , eff. 9-1-11.

Note

The mailing address of the commission is P.O. Box 7854, Madison, WI 53707-7854. Microsoft Windows NT 6.1.7601 Service Pack 1 The current fee is $250, payable in any type of check or by money order. Cash is not acceptable. Microsoft Windows NT 6.1.7601 Service Pack 1