(1) A
telecommunications provider that must be certified as a telecommunications
reseller under this chapter may not resell intrastate telecommunications
services in Wisconsin without receiving and maintaining certification as
provided in this chapter. If a telecommunications provider fails to obtain or
maintain certification as a telecommunications reseller as required under this
chapter, the provider's arrangements, contracts, and billings for resold
intrastate telecommunications services rendered in Wisconsin without proper
certification, are void.
(2) A
telecommunications reseller seeking certification as an alternative
telecommunications utility reseller shall file a petition with the commission
containing the following information:
(a) The
legal name, address and telephone number of the telecommunications
reseller.
(b) A list of marketing,
trade or other names under which the reseller intends to conduct
business.
(c) The name, title,
telephone number and facsimile numbers of a responsible contact person for the
company.
(d) An affidavit, signed
by a corporate officer authorized to bind petitioner, that demonstrates that
petitioner does not own, operate, manage or control, directly or indirectly,
transmission facilities that are technologically capable of providing
telecommunications service within Wisconsin and whose cost basis exceeds the
limits specified in s. PSC 168.05(1) (d).
(e) If the petitioner is part of a holding
company system, the names of all system affiliates and a description of the
nature of their affiliations with the petitioner in the holding company
system.
(f) As appropriate, a copy
of a Wisconsin certificate of incorporation or a certificate from the
department of financial institutions authorizing the petitioner to transact
business in Wisconsin, and petitioner's state tax number.
(g) Identification of the services and
activities under s. PSC 168.05(1) for which certification is requested. A
petition may include a request for exemption under s. PSC 168.05(2).
(h) An affidavit, signed by a corporate
officer authorized to bind petitioner, that verifies that all information
provided in the petition is true and correct to the best of the officer's
knowledge or belief, and that the officer understands the commission's
requirement that each year, in order to continue certification in Wisconsin, an
annual report must be timely filed and any required fee must be paid.
(i) Any other information as required by the
commission.
(3) An
original of the petition, and such number of copies as the commission may
order, shall be filed with the secretary of the commission.
Note The mailing address of the commission is P.O.
Box 7854, Madison, WI 53707-7854.
(4) A fee for processing shall accompany a
petition. A petition without the accompanying fee will not be accepted for
filing and will be returned. The commission may determine by order the amount
of the fee and the permissible form or forms of fee payment, which may include
use of certified check, cashier's check or money order and shall be made
payable to the public service commission of Wisconsin. The amount of the fee
will not be returned to the petitioner if the petition is ultimately rejected
by the commission.
(5)
(a) On receipt of a reseller's completed
petition for certification and fee, the commission shall review the petition
and conduct such additional investigation, including hearing, as may be
appropriate. Upon concluding its investigation, the commission may certify the
petitioner, with or without conditions, as an alternative telecommunications
utility reseller, unless the commission determines that grant of the petition
is not in the public interest.
Note The current fee is $250, payable in any type
of check or by money order. Cash is not acceptable.
(b) If a reseller is seeking recertification
after a prior certification under this chapter expired or was revoked by the
commission and it had operated in Wisconsin without certification, the
commission may consider the following factors in determining any repayment,
refund, or credit respecting the reseller's void arrangements, contracts, and
billings under sub. (1):
1. The reason for the
failure to obtain certification of its operations under this chapter.
2. The cooperation of the reseller in
resolving past deficiencies in conjunction with the application for
re-certification.
3. The past
conduct of the reseller during the period in which it operated without valid
certification under this chapter.
4. The number and type of prior and pending
consumer complaints against the reseller based upon violations of this chapter
or regulations of any other governmental unit.
5. The impact of repayment, refund, or credit
upon the financial viability of the reseller.
(6) If, upon petition by an interested
person, the commission finds that a term or condition imposed in an alternative
telecommunications utility certificate issued pursuant to this chapter is
unnecessary for the protection of the public interest or is not competitively
neutral in its effect, the commission shall modify or rescind the term or
condition. [DOUBLE DAGGER]
