Wisconsin Statutes
Wis. Stat. § 196.26 (2026)
Complaint by consumers; hearing; notice; order; costs
✓ current as of July 2026
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196.26(1)(a)(a) A complaint filed with the commission that any rate, toll, charge, or schedule, joint rate, regulation, measurement, act, or practice relating to the provision of heat, light, water, or power is unreasonable, inadequate, unjustly discriminatory, or cannot be obtained.
196.26(1)(c)(c) A complaint by a party to an interconnection agreement, approved by the commission, that another party to the agreement has failed to comply with the agreement and that does not allege that the failure to comply has a significant adverse effect on the ability of the complaining party to provide telecommunications service to its customers or potential customers.
196.26(1m)(1m) Investigation of complaint. If any mercantile, agricultural, or manufacturing society, body politic, municipal organization, or 25 persons file a complaint specified in sub. (1) (a) against a public utility, or if the commission terminates a proceeding on a complaint under s. 196.199 (3) (a) 1m. b., or if a person files a complaint specified in sub. (1) (c), the commission, with or without notice, may investigate the complaint under this section as it considers necessary. The commission may not issue an order based on an investigation under this subsection without a public hearing.
196.26(2)(a)(a) Prior to a hearing under this section, the commission shall notify the public utility or party to an interconnection agreement complained of that a complaint has been made, and 10 days after the notice has been given the commission may proceed to set a time and place for a hearing and an investigation. This paragraph does not apply to a complaint specified in sub. (1) (b).
196.26(2)(b)(b) The commission shall give the complainant and either the public utility or party to an interconnection agreement which is the subject of a complaint specified in sub. (1) (a) or (c) or, for a complaint specified in sub. (1) (b), a party to an interconnection agreement who is identified in a notice under s. 196.199 (3) (b) 1. b., 10 days’ notice of the time and place of the hearing and the matter to be considered and determined at the hearing. The complainant and either the public utility or party to the interconnection agreement may be heard. The commission may subpoena any witness at the request of the public utility, party to the interconnection agreement, or complainant.
196.26(2)(c)(c) Notice under pars. (a) and (b) may be combined. The combined notice may not be less than 10 days prior to hearing.
196.26(3)(3) Separate hearings. If a complaint is made under sub. (1m) of more than one rate or charge, the commission may order separate hearings on each rate and charge, and may consider and determine the complaint on each rate and charge separately and at such times as the commission prescribes. The commission may not dismiss a complaint because of the absence of direct damage to the complainant.
196.26 HistoryHistory: 1981 c. 148; 1983 a. 53; 1985 a. 297; 1989 a. 344; 1993 a. 496; 1995 a. 409; 1997 a. 218, 229; 1999 a. 32, 53, 186; 2001 a. 16; 2005 a. 441; 2011 a. 22.
Notes of Decisions
Cited in 19
cases, 1939–2002 · leading case: Wisconsin Tel. Co. v. Pub. Serv. Comm'n, 287 N.W. 593 (Wis. 1939).
Wisconsin Tel. Co. v. Pub. Serv. Comm'n, 287 N.W. 593 (Wis. 1939). “It is considered that an order of the commission fixing-rates, tolls, and charges can be made only upon an investigation and hearing; that the hearing to be given the parties affected is the hearing prescribed by sec. 196.26, Stats., which is a formal hearing.”
Wisconsin's Env't Decade, Inc. v. Pub. Serv. Comm'n, 287 N.W.2d 737 (Wis. 1980). “"(2) Notice of the time and place for such hearing shall be given to the public utility or railroad, and to such other interested persons as the commission shall deem necessary, as provided in section 196.26, and thereafter proceedings shall be had and conducted in reference to…”
Soo Line R.R. v. Dep't of Transp., 303 N.W.2d 626 (Wis. 1981). “determination of the manner of making such new crossing, or of making the proposed improvement or promoting the public safety or public convenience through any other reasonable method, and praying that the same may be ordered, the commission shall give notice to the parties in…”
Wisconsin Bell, Inc. v. Bie, 216 F. Supp. 2d 873 (W.D. Wis. 2002). “) TDS contends that under Wis.Stat. §§ 196.26(2) and 196.28(2) and (3), “the commission must give the utility notice of 'the matter to be considered and determined at the hearing.”
Grogan v. Pub. Serv. Comm'n, 325 N.W.2d 82 (Wis. Ct. App. 1982). “Section 196.26(1) (repealed and recreated by secs.”
Wisconsin Prof'l Police Ass'n v. Pub. Serv. Comm'n, 555 N.W.2d 179 (Wis. Ct. App. 1996). “Under § 196.26, Stats., if any body politic, municipal organization or twenty-five persons file a complaint with the commission that any schedule, regulation, act or practice relating to the provision of telephone service is unreasonable, inadequate, unjustly discriminatory or…”
Seebach v. Pub. Serv. Comm'n, 295 N.W.2d 753 (Wis. Ct. App. 1980). “, which provides: (1) Upon a complaint made against any public utility by any mercantile, agricultural or manufacturing society or by any body politic or municipal organization or by any twenty-five persons that any of the rates, tolls, charges or schedules or any joint rate or…”
Mid-Plains Tel., Inc. v. Pub. Serv. Comm'n, 202 N.W.2d 907 (Wis. 1973). ““It is considered that an order of the commission fixing rates, tolls, and charges can be made only upon an investigation and hearing; that the hearing to be given the parties affected is the hearing prescribed by sec. 196.26, Stats., . . . “By the express terms of the statute…”
Wisconsin's Env't Decade, Inc. v. Pub. Serv. Comm'n, 313 N.W.2d 863 (Wis. Ct. App. 1981). “Section 196.26, Stats. 2 Section 196.20(2) provides: “No change in schedules which constitutes an increase in rates to consumers shall be made except by order of the commission after an investigation and hearing.”
Dombeck v. Chicago, M., St. P. & Pr Co., 129 N.W.2d 185 (Wis. 1964). “more public highways or streets in such city or village is dangerous to human life and that public safety requires a designation of the maximum speed of a train over such crossing or crossings, or that an order previously made by the commission should be modified, the commission…”
Thomson v. City of Racine, 9 N.W.2d 91 (Wis. 1943). “, to proceed in the manner provided in sec. 196.26, Stats., — but on its own motion, — to investigate and order a hearing and exercise therein the same jurisdiction as it could upon a complaint filed under sec.”
Soo Line R.R. v. Wisconsin, Dep't of Transp. — Div. of Highways, 489 F. Supp. 620 (W.D. Wis. 1980). “By giving a railroad a right to institute the proceeding, the legislature has recognized that railroads whose tracks are about to be crossed by highways have an interest in the type of crossing more intense and specialized than the general public interest in public safety.”
— Wis. Stat. § 196.26(1) — 2 cases
Grogan v. Pub. Serv. Comm'n, 325 N.W.2d 82 (Wis. Ct. App. 1982). “Section 196.26(1) (repealed and recreated by secs.”
Seebach v. Pub. Serv. Comm'n, 295 N.W.2d 753 (Wis. Ct. App. 1980). “, which provides: (1) Upon a complaint made against any public utility by any mercantile, agricultural or manufacturing society or by any body politic or municipal organization or by any twenty-five persons that any of the rates, tolls, charges or schedules or any joint rate or…”
— Wis. Stat. § 196.26(2) — 1 case
Wisconsin Bell, Inc. v. Bie, 216 F. Supp. 2d 873 (W.D. Wis. 2002). “) TDS contends that under Wis.Stat. §§ 196.26(2) and 196.28(2) and (3), “the commission must give the utility notice of 'the matter to be considered and determined at the hearing.”
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