Public Service Commission certificates for certain activities; tampering with telecommunications or electric wires; regulation of pay telephone service providers and cable television telecommunications service providers; accident reporting by telecommunications utilities; the definition of transmission facility; availability of public utility rate schedules; and rule-making procedures

PSC certificates.

Current law prohibits a public utility from beginning construction or providing service in a municipality, unless the public utility obtained a certificate from the PSC authorizing the public utility to transact public utility business. Current law also prohibits a public utility from beginning certain projects involving new or existing plants, equipment, property, or facilities, unless the public utility has complied with applicable PSC rules and orders. In addition, current law allows the PSC to prohibit a public utility from proceeding with such a project until the PSC certifies that public convenience and necessity require the project. Current law also includes exemptions that are based on the gross cost of the project and the type of public utility that proposes the project. The bill provides that those exemptions do not apply to the first prohibition described in the foregoing, but do apply to the second and third prohibitions.

Current law also generally prohibits a person from commencing construction of certain large electric generating facilities or high-voltage transmission lines without obtaining a certificate of public convenience and necessity (CPCN) from the PSC. After a person files an application for a CPCN, the PSC must determine whether the application is complete. If the PSC fails to make such a determination within a specified deadline, the application is considered to be complete. Current law requires the PSC to take final action on the application within 180 days after the application is determined or considered to be complete. If the PSC fails to take final action within that deadline, the PSC is considered to have issued a CPCN to the applicant. However, current law also allows the PSC to petition the circuit court for Dane County for an extension of the deadline for no more than an additional 180 days. Upon a showing of good cause, the court may extend the deadline. If the PSC fails to take final action within the extended deadline, the PSC is considered to have issued the CPCN. The bill eliminates the requirement for the PSC to petition the court for a deadline extension. Instead, the bill allows the chairperson of the PSC to extend the deadline for no more than an additional 180 days for good cause. As under current law, if the PSC fails to take final action within the extended deadline, the PSC is considered to have issued the CPCN.

Public utility rate schedules.

Under current law, certain public utilities must file schedules with the PSC showing their rates for service. Current law requires the PSC to determine the portion of a public utility's rate schedule that is necessary for public use and the public utility must print a copy of that portion in plain type. The bill requires the copy to produced, rather than printed, in plain type.

Current law also requires a public utility to keep the copy on file, in a form and place readily accessible to the public, at every station or office where customers make payments. The bill changes the foregoing requirement so that a public utility must keep the copy on file at the public utility and make the copy available to the public by making it available at locations where customer payments are accepted, on the public utility's Internet site, or in a form and place that is otherwise readily accessible to the public.

Telecommunications regulation.

Current law exempts telecommunications utilities from a variety of requirements that apply to other public utilities. The bill creates an additional exemption. Under current law, the PSC has the authority to require public utilities to record or report certain accidents.

The bill exempts telecommunications utilities from that authority. The bill also repeals an obsolete definition of "transmission facility" relating to telecommunications service.

Under current law, no person may provide service as an alternative telecommunications utility (ATU) unless the PSC certifies that the person is an ATU.

Current law defines ATU to include the following: 1) cable television telecommunications service providers (CTTSPs); 2) telecommunications resellers; 3) pay telephone service providers; and 4) other telecommunications providers that the PSC finds offer service that is available from other telecommunications providers.

Current law defines a CTTSP as a telecommunications provider that receives a specified percentage of its gross income from the operation of a cable television system. Current law also requires a CTTSP to file annual statements regarding gross income with the PSC. Current law defines "pay telephone service provider" as a person who owns or leases a pay telephone located on property owned or leased by that person and who otherwise does not offer any telecommunications service to the public.

The bill revises the definition of ATU so that it does not include CTTSPs or pay telephone service providers. The bill also repeals the annual filing requirement for CTTSPs, as well as the PSC's administrative rules regarding CTTSPs. In addition, the bill provides that a former CTTSP that the PSC certified as an ATU before the bill's effective date is considered certified as an ATU on the basis that the person offers telecommunications service available from other telecommunications providers. The bill also requires the PSC to issue a certification specifying that the former CTTSP is an ATU on that basis.

Legislative repeal or modification of agency rules.

Current law sets forth a procedure for the promulgation of administrative rules (rules). Generally, that procedure consists of the following steps:

1. The agency planning to promulgate the rule prepares a statement of the scope of the proposed rule, which the governor and the agency head must approve before any state employee or official may perform any activity in connection with the drafting of the proposed rule.

2. The agency drafts the proposed rule, together with an economic impact analysis, plain language analysis, and