Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 90-139 - Trade and Consumer Protection
Chapter ATCP 123 - Electronic Communications Services
Subchapter I - Definitions and General Provisions
Section ATCP 123.01 - Definitions

(1) "Appointed provider of long distance telecommunications services" means a provider of long distance telecommunications services selected for a consumer according to procedures prescribed by the federal communications commission after the consumer fails to select a provider.

(2) "Bill" means to represent to a consumer, directly or by implication, that the consumer is obligated to pay a stated amount for electronic communications service pursuant to an existing contract with the provider of that service.

(3) "Consumer" means any individual to whom a provider sells, leases, or offers to sell or lease an electronic communications service primarily for personal, family or household purposes.

(4) "Disclose" means to make a clear and conspicuous statement that is designed to be readily noticed and understood by the consumer and, if the disclosure is made in writing, which is designed to be retained by the consumer.

(5) "Electronic communications service" means a service, such as telecommunications service, video service, cable service as defined under 47 USC 522(6), service provided by a multichannel video programming distributor as defined under 47 USC 522(13), and internet access service as defined in 47 USC 231(e)(4), which involves the conveyance of voice, data, video programming or other information at any frequency over any part of the electromagnetic spectrum. "Electronic communications service" includes the collection, storage, forwarding, switching and delivery of information incidental to the electronic communications service. "Electronic communications service" does not include broadcast service as defined in s. 196.01(1m), Stats., or the transmission of information by means of non-electronic media such as hard-copy newspapers or magazines.

(6) "Individual" means a human being.

(7) "Long distance telecommunications service" means a long distance toll service provided on a direct-dialed, single message, dial-1 basis between local exchanges.

(8) "Person" means an individual, corporation, cooperative, partnership, limited liability company, business trust, or business association or entity.

(9) "Provider" means a person that sells, resells, leases, or offers to sell, resell or lease an electronic communications service to consumers. "Provider" includes an employee or agent that is authorized to act on behalf of and in the name of a provider.

Note: For example, "provider" includes a telemarketer or other person who sells electronic communications service on behalf of and in the name of a provider.

(10) "Service offering" means an electronic communications service that is offered under a single name or at a single price. A "service offering" includes a category of electronic communications service for which a separate rate is charged by the provider.

(11) "Subscribe" means to enter into a subscription.

(12) "Subscription" means a contract between a provider and a consumer for an electronic communications service that is provided or billed to the consumer on a continuing or periodic basis. "Subscription" includes an oral, written or electronically recorded contract, and includes any material amendment to an existing contract.

(13) "Telecommunications service" has the meaning given in s. 196.01(9m), Stats.

(14) "Video programming" has the meaning given in s. 66.0420(2) (x), Stats.

(15) "Video service" has the meaning given in s. 66.0420(2) (y), Stats.

(16) "Written" or "in writing" means legibly printed on a tangible non-electronic medium, such as paper, which is delivered to a consumer, or legibly printed in electronic form on a television screen or computer monitor if the consumer can readily retrieve, store or print the video image for future reference. "Written" or "in writing" does not include presentation on a medium, such as a billboard, which cannot be conveniently retained by a consumer.