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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJuly 2015

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26 DE Admin. Code 4002
AND NOW, this 19th day of May, 2015:
WHEREAS, on February 5, 2015, the Commission reopened PSC Regulation Docket No. 12 to delete the "Rules and Regulations To Govern Pay Phone Services Within the State of Delaware" ("Pay Phone Rules") in P.S.C. Order No. 8705;
AND WHEREAS, these rules are being deleted in light of the passage of Delaware House Bill No. 96 which took effect on July 15, 2013 and reduced the Commission's oversight of telecommunications services. In addition, the widespread availability and use of cell phones have made payphones almost obsolete;
AND WHEREAS, notice of these revisions have been published in the Delaware Register on March 1, 2015, the News Journal on February 12, 2015 and the Delaware State News on February 13, 2015;
AND WHEREAS, Network Communications International Corp. ("NCIC"), the only party that filed comments, suggested that the Commission propose rules and regulations for inmate calling services;
AND WHEREAS, telecommunication services in inmate facilities are provided through a state contract with the Delaware Department of Technology and Information and not the Commission, Staff believes that it is not necessary for the Commission to propose rules as requested by NCIC;
AND WHEREAS, Hearing Examiner R. Campbell Hay held a public comment session on April 15, 2015 in the Commission's Hearing Room located in Dover, Delaware and no party attended or commented on the proposed deletion of the rules;
AND WHEREAS, Staff filed a report on May 8, 2015 recommending that the Commission approve the deletion of the Payphone Rules as attached as Exhibit B of P.S.C. Order No. 8705 dated February 5, 2015 and that the Commission consider this matter directly and hold an evidentiary hearing on May 19, 20151;
AND WHEREAS, an evidentiary hearing on this matter was held on May 19, 2015 before members of the Commission at the Commission’s regularly scheduled meeting;
Call splashing means the transfer of a telecommunications or telephone call from one provider of operator services to another such provider in such a manner that the subsequent provider is unable, or unwilling, to determine the location of the origination of the call and, because of such inability or unwillingness, is prevented from billing the call on the basis of such location.
Coin-operated payphone means a payphone that requires the deposit of coins for calls other than those calls which are:
Consumerorpayphone consumer means a person initiating any intrastate telephone call or telecommunications call using a payphone. For purposes of section 6.3, the term “consumer” or “payphone consumer” shall include both the person on the initiating end of such call using operator services and:
Interexchange carrier means a telecommunications carrier which provides intrastate long distance telecommunications service.
Operator Services means any intrastate telecommunications service initiated from a payphone that includes as a component, any automatic or live assistance to a consumer to arrange for billing or completion, or both, of an intrastate telecommunications through a method other than:
Payphone means any telephone or other telecommunications instrument made available to the public on a fee-per-call basis, independent of any other commercial transaction, for the purpose of making telephone calls or other telecommunication, whether the pay phone instrument is coin-operated or is activated either by calling collect or by using a credit or calling card. The term “payphone” includes both instrument-implemented and central-office implemented payphone instruments.
Payphone service means the provision of intrastate telecommunications services as described in 47 U.S.C. §276.
Payphone service provider means a person or entity that offers payphone service as defined by 47 U.S.C. §276(d). The term includes both independent owners or operators of payphones and telecommunications carriers, including local exchange or interexchange carriers, which provide payphones and payphone service.
Presubscribed provider of operator services means the intrastate provider of operator services to which the consumer is connected when the consumer, without dialing an access code or other free number, initiates a call or other telecommunication from a payphone using a provider of operator services.
Provider of operator services means any telecommunications service provider, telecommunications carrier, or public utility that provides operator services, or any other person determined by the Commission to be providing operator services.
7.2 A telecommunications service provider which has elected to be governed by the Telecommunications Technology Investment Act, 26 Del.C. §§703-711, and which provides operator services, shall, in providing such operator services, comply with the Act and the applicable requirements in the Commission's “Rules and Regulations for Implementing the Telecommunications Technology Investment Act.”
These regulations, and any later amendments, shall become effective ten (10) days after publication in the Delaware Register of Regulations or at such times as the Commission may direct. The effective date of the regulations shall be noted on the cover of the regulations.

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Last Updated: December 31 1969 19:00:00.
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