Telecommunications Law Update
Axley Brynelson, LLP
Judd Genda
www.axley.com
© 2011 Axley Brynelson, LLP
Telecommunications Law Update
• Changes to State Telecommunications
Rules
• Mobile Tower Citing Regulations
(§ 66.0404, Wis. Stats.)
• Net Neutrality Rules Struck Down
© 2011 Axley Brynelson, LLP
State Telecommunications Rules
• 2011 Wisconsin Act 22 (“Act 22”)
– Effective Date: June 9, 2011
– Retail Deregulation
– Regulatory Parity
© 2011 Axley Brynelson, LLP
State Telecommunications Rules
• 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
© 2011 Axley Brynelson, LLP
State Telecommunications Rules
• 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
© 2011 Axley Brynelson, LLP
State Telecommunications Rules
• 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
© 2011 Axley Brynelson, LLP
State Telecommunications Rules
• 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• Repealed PSC 8.07 (7) Annual Report of Telephone Utility,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 100.01 – Affiliations Between Public Utilities
and Other Persons
• Exempt from PSC 102: Accounting For Disbursements By
Public Utilities
© 2011 Axley Brynelson, LLP
State Telecommunications Rules
• 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• Repealed PSC 162: Telephone Utility Plant And Submission of Information;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
© 2011 Axley Brynelson, LLP
State Telecommunications Rules
• 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
© 2011 Axley Brynelson, LLP
State Telecommunications Rules
• 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
© 2011 Axley Brynelson, LLP
State Telecommunications Rules
• 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
© 2011 Axley Brynelson, LLP
State Telecommunications Rules
• 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
© 2011 Axley Brynelson, LLP
State Telecommunications Rules
• 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 § 196.72,
Wis. Stats. (Recording and Reporting Accidents)
© 2011 Axley Brynelson, LLP
State Telecommunications Rules
• 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
© 2011 Axley Brynelson, LLP
State Telecommunications Rules
• 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
© 2011 Axley Brynelson, LLP
Mobile Tower Citing Regulations
• Section 66.0404, 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
© 2011 Axley Brynelson, LLP
Mobile Tower Citing Regulations
• Section 66.0404, 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
© 2011 Axley Brynelson, LLP
Mobile Tower Citing Regulations
• Section 66.0404, 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).
© 2011 Axley Brynelson, LLP
Mobile Tower Citing Regulations
• Section 66.0404, 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
© 2011 Axley Brynelson, LLP
Mobile Tower Citing Regulations
• Section 66.0404, 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
© 2011 Axley Brynelson, LLP
Mobile Tower Citing Regulations
• Section 66.0404, 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
© 2011 Axley Brynelson, LLP
Mobile Tower Citing Regulations
• Section 66.0404, 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
© 2011 Axley Brynelson, LLP
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?
© 2011 Axley Brynelson, LLP
Questions?
Judd Genda
Axley Brynelson
[email protected]
608.283.6700
© 2011 Axley Brynelson, LLP