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

Current through June 24, 2024
In this chapter:
(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.