Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 90-139 - Trade and Consumer Protection
Chapter ATCP 123 - Electronic Communications Services
Subchapter III - Customer Access to Video Services
Section ATCP 123.26 - Extension or waiver

Universal Citation: WI Admin Code ยง ATCP 123.26

Current through August 26, 2024

(1) DEPARTMENT MAY GRANT EXTENSION OR WAIVER. In response to a request from a video service provider under sub. (2), the department may by order do any of the following:

(a) Extend the applicable time period under s. ATCP 123.22(2) (a).

(b) Extend the deadline for compliance with an access requirement under s. ATCP 123.24(1).

(c) Waive an access requirement under s. ATCP 123.24(1).

(2) REQUEST FOR EXTENSION OR WAIVER. A video service provider may request an extension or waiver under sub. (1) by filing a written request with the department. The video service provider shall file the request and supporting information with the department in hard copy form, and in an electronic form that is acceptable to the department. The request shall include all of the following information:

(a) The nature and scope of the requested extension or waiver.

(b) The justification for the extension or waiver under s. 66.0420(8) (c), Stats., the facts supporting that justification, and relevant evidence documenting the facts.

(c) The names and addresses of individuals, including expert witnesses if any, who are available to testify regarding the facts or justification under par. (b).

(d) Relevant supplementary information, if any, requested by the department.

(3) PROPOSED ORDER. Within 30 business days after the department receives a complete request under sub. (2), the department shall issue a proposed order granting the request, denying the request, or granting the request with modifications. The department shall issue a news release announcing the proposed order, and soliciting public comment on the proposed order. The department may schedule one or more public hearings on the proposed order.

(4) FINAL ORDER. Within 60 business days after the department issues a proposed order under sub. (3), the department shall issue a final order. If the final order differs from the proposed order, the department shall explain the reason for the modification.

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