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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMarch 2015

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26 DE Admin. Code 4002
The text of the current Regulations and the red-lined version are attached to PSC Order No. 8705. That Order and the exhibits are reproduced in the March 2015 edition of the Delaware Register of Regulations. The Order and exhibits can also be reviewed on-line at the PSC’s website at www.state.de.us/delpsc. You can also obtain a paper copy of the Order at the PSC’s Dover office. Those paper copies will cost $0.25 per page.
This 5th day of February, 2015, the Commission determines and Orders the following:
1. In June 1984, the Federal Communications Commission (“FCC”) released an Opinion and Order1 permitting the registration of customer owned or provided coin-operated telephones, thereby removing any Federal impediment to competition in the coin telephone market. The FCC determined that technological advances made it possible for pay telephones to be competitively provided by the private sector. Previously, Bell Operating Companies, such as Diamond State Telephone Company (currently Verizon Delaware LLC) provided payphone service. In light of this FCC Opinion and Order, the Commission opened a regulation docket, noticed, took public comments, developed proposed rules and regulations, and finally approved “Rules and Regulations Governing Service Provided by Customer Owned Coin-Operated Telephones” in P.S.C. Order No. 2662 (July 9, 1985).
2. Under the provisions of 47 U.S.C. §276, as added by the Telecommunications Act of 1996, Congress directed the FCC to promulgate regulations to ensure fair compensation for all payphone service providers and to ensure competitive parity between payphone service providers and payphone services provided by Bell Operating Companies. In its orders2 implementing §276, the FCC directed the state commissions to open a proceeding to perform a two-phase restructuring and deregulation of payphone services.
1. That, pursuant to 26 Del.C. §§209 and 703(3), the Commission proposes to eliminate “Regulations Governing Payphone Service Provider in Delaware” (Docket 12). The current rules are set forth in Exhibit “A” to this Order and the redlined version of the existing rules are set forth in Exhibit “B”.
2. That, pursuant to 29 Del.C. §§1133 & 10115, the Acting Secretary shall transmit a copy of this Order, with the attached exhibits, to the Registrar of Regulations for publication in the Delaware Register of Regulations.
3. That, pursuant to 26 Del.C. §209 and 29 Del.C. §10115(a)(2) & (b), the Acting Secretary shall cause the form of public notice attached as Exhibit “C” to be published in two-column format, outlined in black, in the following two newspapers on the following dates:
The News Journal (February 12, 2015)
Delaware State News (February 13, 2015)
The Acting Secretary shall also ensure, pursuant to 29 Del.C. §10115, that a copy of such notice is sent to the Registrar of Regulations for its publication in the Register of Regulations. In addition, the Acting Secretary shall mail a copy of this Order, with its exhibits, to the Division of the Public Advocate and to all persons or entities who have made written requests for advanced notice of this Commission’s rule-making proceedings. The Acting Secretary shall file a certification of the completion of these tasks by March 1, 2015.
4. That interested persons or entities may submit written suggestions, compilations of data, briefs, or other written materials concerning these proposed amendments on or before Thursday, April 2, 2015. Pursuant to 26 Del.C. §209(a), the Commission, through its designated Hearing Examiner, will hold a public hearing on the proposed amendments on Wednesday, April 15, 2015, beginning at 10:00 AM in the Commission’s Hearing Room located at 861 Silver Lake Blvd., First Floor, Dover, Delaware.
5. That, pursuant to 26 Del.C. §502 and 29 Del.C. §10117, the Commission designates Hearing Examiner R. Campbell Hay to organize, classify, summarize, and make recommendations concerning the rule changes proposed by this Order in light of the submitted materials and public hearings. Hearing Examiner Hay is specifically authorized to conduct further hearings or direct submission of additional documents if deemed necessary or appropriate.
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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2
Implementation of the Pay Telephone Reclassification and Compensation Provisions of the Telecommunications Act of 1996, CC Docket No. 96-128, Report and Order, FCC 96-388 (rel. Sept. 20, 1996) (“First Report and Order”); Order on Reconsideration, FCC 96-439 (rel. Nov. 8, 1996) (“Second Report and Order”).

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