Section 168.13. Revocation of certification.

 

(1)  Certification of a reseller may be revoked under the procedure in sub. (2) for any of the following reasons:

(a) Failure to file substantially complete responses to the commission's annual questionnaire required by s. PSC 168.12 .

(b) Failure to comply with any applicable provision of this chapter or of ch. 196 , Stats.

(c) Failure to provide Wisconsin intrastate telecommunications service consistent with the provisions of s. 196.03 (6) or 196.203 (3) , Stats., applicable provisions of 47 USC 151 to 613 , or applicable rules and orders of the federal communications commission, including those relating to unauthorized changes of presubscribed providers, also known as "slamming."

(d) Failure to file reports or responses to requests for information, as may be required by the commission.

(e) Failure to comply with any other order or rule of the commission that is applicable to the reseller.

(2)  

(a) If the commission has determined that grounds for revocation exist, the commission may commence a revocation proceeding by mailing to the affected reseller, at its last known address on file with the commission, a written notice of the reasons for the proposed revocation of certification under this section.

(b) Within 30 days of the mailing date of the notice under par. (a) , a reseller may file a written response that may contain one or more of the following:

1. A showing that one or more of the commission's reasons for revocation have been resolved or cured.

2. A showing that one or more of the commission's reasons may be resolved in a remedial compliance plan for which the reseller requests commission acceptance and deferral of certificate revocation.

3. An objection to the commission's reasons for revocation and a request for hearing.

(c) Depending upon the information received in the reseller's response, the commission may determine that the grounds for revocation have been remedied, proceed to revoke the reseller's certificate, or take other action as may be appropriate in the circumstances. Failure of a reseller to respond under this subsection shall result in revocation of certification without hearing.

(3)  If the commission revokes the certificate of an alternative telecommunications utility reseller, the commission may direct in the revocation order that telecommunications utilities providing service to the reseller terminate all connections used to furnish service to the reseller. The commission may also allocate to other providers of similar services those customers of the affected reseller who fail to select a replacement provider or providers, as appropriate.

(4)  With respect to a revocation proceeding under this section, the commission, upon its own motion or petition by any interested person, may at any time enter an emergency or other order that, under the circumstances, it deems necessary to protect the reseller's customers or the public interest.

Cr. Register, November, 1997, No. 503 , eff. 12-1-97; CR 10-143 : am. (2) Register August 2011 No. 668 , eff. 9-1-11; CR 13-025 : am. (1) (a) 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 /