196.199 Interconnection agreements.

744 words·~3 min read·/wi/chapter-196/196-199-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definition. In this section, “interconnection agreement” does not include an interconnection agreement to which a commercial mobile radio service provider is a party.

(2)Commission powers.

(a)The commission has jurisdiction to approve and enforce interconnection agreements and may do all things necessary and convenient to its jurisdiction.

(b)The commission may promulgate rules that require an interconnection agreement to include alternate dispute resolution provisions.

(c)The commission shall promulgate rules that specify the requirements for determining under sub.

(a)1m. a. whether a party’s alleged failure to comply with an interconnection agreement has a significant adverse effect on the ability of another party to the agreement to provide telecommunications service to its customers or potential customers.

(3)Enforcement.

1. Upon the filing of any of the following, the commission may investigate whether a party to an interconnection agreement approved by the commission has failed to comply with the agreement:

a. A complaint by a party to the agreement that another party to the agreement has failed to comply with the agreement and that the failure to comply with the agreement has a significant adverse effect on the ability of the complaining party to provide telecommunications service to its customers or potential customers.

b. A complaint filed under any provision of this chapter by any person that the commission determines may involve a failure to comply with the agreement by a party to the agreement.

1g. The commission may investigate whether a party to an interconnection agreement approved by the commission has complied with the agreement upon the filing of a petition by the party for a determination of whether the party has complied with the agreement if the petition demonstrates that a controversy has arisen over the party’s compliance with the agreement. If the commission initiates an investigation under this subdivision, the commission may determine that a party to an interconnection agreement has failed to comply with the agreement only if a complaint is filed under subd. 1. a. in which the complaining party alleges that the party’s failure to comply with the agreement has a significant adverse affect on the complaining party’s ability to provide telecommunications service to its customers or potential customers.

1m.

a. Within 5 business days after the filing of a complaint under subd. 1. a. or the receipt of notice under par.

(b)1. b. , the party who is the subject of a complaint or the party who is identified in a notice under par.

(b)1. b. as a party who has allegedly failed to comply with an agreement may request that the commission determine whether the alleged failure to comply has a significant adverse effect on the ability of the complaining party or any other party to the agreement to provide telecommunications service to its customers or potential customers. If a request is made under this subd. 1m. a. , the commission shall make a determination within 30 business days after receipt of the request.

b. If the commission determines under subd. 1m. a. that an alleged failure to comply has not had a significant adverse effect on the ability of a complaining party or any other party to an agreement to provide telecommunications service to its customers or potential customers, the commission shall terminate a proceeding on the complaint under this subsection and proceed on the complaint under s. 196.26 .

2. If the commission does not terminate a proceeding under subd. 1m. b. , the commission may, after an investigation under subd. 1. or 1g. and after notice and hearing, do one of the following:

a. Issue an order under this subd. 2. a. that includes a finding of a failure to comply with an interconnection agreement and that requires compliance with the agreement.

b. Issue an order that interprets any provision of an interconnection agreement.

c. If the commission determines that a party specified in subd. 1g. has complied with an agreement, issue an order requiring any other action that the commission determines is necessary to resolve a controversy specified in subd. 1g.

2n. The commission may not issue an order under subd. 2. more than 120 days after the filing of a complaint or petition under subd. 1. or 1g. , unless all of the parties to the proceeding consent to a longer time period that is approved by the commission. An order issued under subd. 2. may be reviewed under s. 227.52 .