4001 Rules for the Provision of Telecommunications Services (Dockets 10 and 45)

Delaware General Assembly : Delaware Regulations : Administrative Code : Title 26 : 4000

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4000 Telecommunications Regulations

4001 Rules for the Provision of Telecommunications Services (Dockets 10 and 45)

Effective: June 11, 2020

PART A

CERTIFICATION AND REGULATION OF CARRIERS

1.0 Definitions

"Basic Service" shall mean switched access service.

“Carrier” shall mean any person or entity offering to the public Telecommunications service that originates or terminates within the State of Delaware. The term "Carrier" does not include:

•

Any political subdivision, public or private institution of higher education or municipal corporation of this State or operated by their lessees or operating agents that provides telephone service for the sole use of such political subdivision, public or private institution of higher learning or municipal corporation;

•	A company that provides telecommunications services solely to itself and its affiliates or members or between points in the same building, or between closely located buildings which are affiliated through substantial common ownership and does not offer such services to the available general public;

•	Providers of domestic public land mobile radio service provided by cellular technology excluded from the Commission’s jurisdiction under 26 Del.C. §202(c);

•	Payphone service providers regulated by this Commission under Rules promulgated in Regulation Docket No. 12; and

•	Providers of Voice over Internet Protocol or other IP-enabled service as defined in 26 Del.C. §202(i).

"Competitive Service" shall mean any service that is not classified as a Basic Service.

“CPCN” shall mean a Certificate of Public Convenience and Necessity issued by the Commission.

“Commission” shall mean the Public Service Commission of Delaware.

“Local Telecommunications Exchange Service” shall mean non-toll, intrastate Telecommunications Services provided over a Local Exchange Carrier’s network, including, but not limited to, exchange access services and basic local services.

“Rules” shall mean these Rules governing the provision of telecommunications services in Delaware.

“Telecommunications” shall mean the transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form and content of the information as sent and received.

“Telecommunications Service” shall mean the offering of telecommunications for a fee directly to the public within the State of Delaware (originating or terminating within the State, without regard to how the Carrier decides to route the traffic), or to such classes of users as to be effectively available to the public, regardless of the facilities used. "Telecommunications Service" does not include:

•	The rent, sale, lease, or exchange for other value received, of customer premises equipment, except for specialized terminal equipment as defined in 48 U.S.C. § 610(g);

•	Telephone or telecommunications answering services, paging services, and physical pickup and delivery incidental to the provision of information transmitted through electronic or electromagnetic media, including light transmission;

•	The 1-way distribution of entertainment services or informational services with no more than incidental customer interaction required for selection of such entertainment or information services; and

•	Telecommunications service provided by either primary cellular technology or by domestic public land mobile radio service, even in the event that such transmission originates or terminates in a wireline telephone.

18 DE Reg. 653 (02/01/15)

23 DE Reg. 1045 (06/01/20)

2.0 Applicability

These Rules shall apply to all Carriers, as defined by these Rules, and shall be construed consistently with Section 3.0 of these Rules.

18 DE Reg. 653 (02/01/15)

23 DE Reg. 1045 (06/01/20)

27 DE Reg. 902 (05/01/24)

3.0 Application With Other Rules or Regulations

Rules of Practice and Procedure. The practice and procedure governing any proceedings required or authorized by these Rules shall be as set forth by the Commission’s Rules of Practice and Procedure adopted in PSC Docket No. 99-9, by Order No. 5057 (April 6, 1999) as the same may be hereafter from time to time amended. See 1001 General Regulations.

18 DE Reg. 653 (02/01/15)

23 DE Reg. 1045 (06/01/20)

4.0 Certification

4.1 Certification Requirement. No person or entity shall offer public intrastate or local exchange telecommunications service within the State of Delaware without first obtaining from the Commission a Certificate of Public Convenience and Necessity authorizing such service. A Carrier offering telecommunications service within the State of Delaware without a CPCN duly issued by this Commission is acting unlawfully and shall immediately cease offering such service until a CPCN is granted.

4.2 Application. An applicant for a CPCN shall file with the Commission in the format described in 26 DE Admin. Code §1001-1.6.3, together with the statutory filing fee set forth in 26 Del.C. §114, as the same may from time to time be amended. Such application shall contain all the information and exhibits hereinafter required and may contain such additional information as the applicant deems appropriate to demonstrate to the Commission that it possesses the technical, financial and operational ability to adequately serve the public and that the public convenience and necessity requires or will require the operation of such business. If the applicant fails to provide the required information and exhibits within 6 months of the application, the Commission may take action to close this docket and the applicant will forfeit its application fee.

4.3 Notice. The applicant shall serve a notice of the filing of such an application upon the Public Advocate, and to such other entities as may be required by the Commission. The applicant shall provide public notice of the filing of the application in accordance with 26 Del.C. §102A.

4.4 Business License and Registered Agent. An applicant shall demonstrate that it is legally authorized and qualified to do business in the State of Delaware, including that it has received authorization to do business issued by the Secretary of State. An applicant shall provide the name, address, and telephone number of its Delaware Resident Agent. Following certification, all Carriers shall promptly notify the Commission in writing of changes of Resident Agent or the name, address, or telephone number thereof.

4.5 Initial Tariffs or Price Lists. An applicant shall file proposed initial rates, prices, rules, regulations, terms and conditions of service for switched access services. Any revisions to this tariff must be filed with the Commission. An applicant need not file tariffs or price lists for other services.

4.6 Demonstration of Fitness. An applicant shall be required to demonstrate to the Commission its financial, operational, and technical ability to render service within the State of Delaware. Such demonstration shall include, but is not limited to, the following:

4.6.1 The applicant’s certified financial statements current within 12 months of the filing, and, where applicable, the most recent annual report to shareholders and SEC Form 10-K;

4.6.2 A brief narrative description of the applicant’s proposed operations in Delaware, any present operations in all other states, and states for which service applications are pending;

4.6.3 A description of the relevant operations experience of applicant’s personnel principally responsible for the proposed Delaware operations.

9 DE Reg 1390 (03/01/06)

18 DE Reg. 653 (02/01/15)

23 DE Reg. 1045 (06/01/20)

27 DE Reg. 902 (05/01/24)

5.0 Abandonment or Discontinuation of Service