Telecommunications Law Update
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1 Telecommunications Law Update Axley Brynelson, LLP Judd Genda
2 Telecommunications Law Update Changes to State Telecommunications Rules Mobile Tower Citing Regulations ( , Wis. Stats.) Net Neutrality Rules Struck Down
3 2011 Wisconsin Act 22 ( Act 22 ) Effective Date: June 9, 2011 Retail Deregulation Regulatory Parity
4 Impact of Act 22: Expanded Alternative Telecommunications Utility Certificates to be Statewide Eliminated and/or Significantly Reduced Reporting Requirements Eliminated Regulation over Transactions with Affiliates Eliminated The Requirement to File Tariffs for Retail Services Eliminated Rate Regulation
5 Impact of Act 22: Created Optional Deregulation to Allow Telecommunications Utilities to be Regulated as (or like) Alternative Telecommunications Utilities Created Limited Regulatory Regime for Voice over Internet Protocol Providers State Provider of Last Resort Obligation Sunset on April 30, 2013
6 Administrative Code Revisions (Docket 1-AC-237) Objective: To remove, via repeal or amendment, all regulations relating to retail telecommunications offerings, reporting obligations and service obligations that were removed from Commission jurisdiction by enactment of Act 22 Rule changes took effect on February 1, 2014
7 Administrative Code Revisions (Docket 1-AC-237) Removal of Certain Regulatory and Reporting Requirements: Repealed PSC 8.07 (7) Annual Report of Telephone Utility, and (11) Telephone Exchange Report Revised PSC Affiliations Between Public Utilities and Other Persons Exempt from PSC 102: Accounting For Disbursements By Public Utilities
8 Administrative Code Revisions (Docket 1-AC-237) Removal of Certain Regulatory and Reporting Requirements: Exempt from PSC 104: Recording And Reporting Utility Accidents Repealed PSC 162: Telephone Utility Plant And Submission of Information; Switching Agreements Amended PSC 168: Telecommunications Resellers And Resale Amended PSC 171: Cable Television Telecommunications Service Providers
9 Administrative Code Revisions (Docket 1-AC-237) Repeal of commission regulation of retail services: Repealed Substantial Portions of PSC 165: Standards For Telecommunications Service Billing Deposits Customer Complaints Customer Dispute Procedures
10 Administrative Code Revisions (Docket 1-AC-237) Repeal of commission regulation of retail services: Repealed Substantial Portions of PSC 165: Standards For Telecommunications Service Disconnection/Refusal of Service Directories Interruptions of Service Procedures Performance Objectives
11 Administrative Code Revisions (Docket 1-AC-237) Repeal of all retail ratemaking and service-related regulations: Repealed PSC 163: Telecommunications Utility Price Regulation Repealed PSC 164: Filing of Information by Telephone Companies Repealed PSC 166: Telephone Exchange Area Boundaries
12 Administrative Code Revisions (Docket 1-AC-237) Repeal of all retail ratemaking and service-related regulations: Repealed PSC 167: Extended Area Telephone Service Repealed PSC 174: Small Telecommunications Utility Repealed PSC 169: Pay Telephone Service Providers
13 2013 Senate Bill 470 Repeal definition of and regulation related to Cable Television Telecommunications Provider Repeal definition of and regulation related to Pay Telephone Service Provider Exempt Telecommunications utilities from , Wis. Stats. (Recording and Reporting Accidents)
14 What PSC Regulation Remains? Certification of Telecommunications Utilities and Alternative Telecommunications Utilities Regulatory duties regarding wholesale relations among telecommunications service providers Authority to exercise duties under the Telecommunications Act of 1996 Interconnection Agreements Universal Service Telephone Numbering
15 Practice Point Mergers of Telecommunications Utilities Where Surviving Entity is a Non-certificated Entity Meet with PSC Staff to discuss: Abandonment of services Assignment of Telecommunications Utility Authority Assignment of Eligible Telecommunications Carrier Certification
16 Mobile Tower Citing Regulations Section , Wis. Stats. Effective Date: July 1, 2013 Preempts municipal regulation in conflict with the statute Constitutionality of the law is currently being challenged in Sauk County Circuit Court: Palma and Bruce Walker, et al. v. Village of Prairie du Sac Plan Commission, et al., Case No. 13CV0504
17 Mobile Tower Citing Regulations Section , Wis. Stats. Effective Date: July 1, 2013 Preempts municipal regulation in conflict with the statute Constitutionality of the law is currently being challenged in Sauk County Circuit Court: Palma and Bruce Walker, et al. v. Village of Prairie du Sac Plan Commission, et al., Case No. 13CV0504
18 Mobile Tower Citing Regulations Section , Wis. Stats. Creates a standard set of fees. $3,000 cap for new tower construction and major modifications (Class 1 Collocation). Lesser of standard building permit fee or $500 for minor modifications (Class 2 Collocation).
19 Mobile Tower Citing Regulations Section , Wis. Stats. Creates shortened and standardized review process Standardized application Requires applicant to have considered feasibility of existing tower sites If political subdivision does not act timely the request is deemed granted 90 days for new construction or Class 1 Collocation 45 days Class 2 Collocation
20 Mobile Tower Citing Regulations Section , Wis. Stats. Prohibits: Denials based on aesthetic concerns, height or need for lighting Conditioning approval on provision of space for political subdivision facilities Conditioning approval on provision of services to the political subdivision at below market rates
21 Mobile Tower Citing Regulations Section , Wis. Stats. Prohibits: Non-commercially reasonable surety obligations (i.e., more than $20,000) Environmental testing, sampling or monitoring requirements with respect to radio frequency emissions Regulation of radio frequency strength or adequacy of mobile service quality
22 Mobile Tower Citing Regulations Section , Wis. Stats. Prohibits: Ordinances imposing moratoriums on the permitting, construction or approval of new towers / modifications Ordinances prohibiting the placement of structures in certain locations. Denial based on political subdivisions assessment of suitability of other locations Imposing discriminatory setback or fall zone requirements
23 Net Neutrality Rules Struck Down What is Net Neutrality? The FCC s Open Internet Order DC Circuit Court of Appeals Strikes Down Net Neutrality Rules on January 14, 2014, in Verizon v. FCC What is the Impact of the Court s Decision?
24 Questions? Judd Genda Axley Brynelson
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