Statutory Authority: 26 Delaware Code, Section 209(a) (26 Del.C. 209(a))
PSC Regulation Docket No. 10, Interim Rules Governing Competition in the Narket for Local Telecommunications Services, repeal of
Psc Regulation DOcket No. 45, Rules for the Provision of Competitve Intrastate Telecommunications Services, Rpeal of
Rules for the Provision of Telecommunications Services
IN THE MATTER OF THE SALE, |
RESALE, AND OTHER PROVISIONS |
OF INTRASTATE | PSC
TELECOMMUNICATIONS | REGULATION
SERVICES (OPENED MAY 1, 1984; | DOCKET NO. 10
REOPENED NOVEMBER 17, 1998 |
ORDER NO. 5391
AND NOW, to-wit, this 28th day of March, 2000;
WHEREAS, in Public Service Commission ("PSC" or the "Commission") Order No. 3283 (June 18, 1991) entered In the Matter of the Sale, Resale and Other Provisions of Intrastate Telecommunications Services, PSC Regulation Docket No. 10, the Commission issued its "Rules for the Provision of Competitive Intrastate Telecommunications Services" to govern telecommunications carriers offering intrastate telecommunications services for public use within the State; and
WHEREAS, by PSC Order No. 4468 (April 8, 1997) issued In the Matter of the Development of Regulations for the Facilitation of Competitive Entry into the Telecommunications Local Exchange Service Market, PSC Regulation Docket No. 45, the Commission issued "Interim Rules Governing Competition in the Market for Local Telecommunications Services" to govern competitive local exchange telecommunications services within the State; and
WHEREAS, the Commission Staff recommended amendment of both the Rules for the Provision of Competitive Intrastate Telecommunications Services (the "Docket 10 Rules") and the Rules Governing Competition in the Market for Local Telecommunications Services (the "Docket 45 Rules") to lessen regulatory burdens on the telecommunications carriers, as well as the Commission; to reflect the changing regulatory environment; to harmonize the provisions of the Docket 10 and 45 Rules; and to conform, where practicable, the requirements of these rules with other regulatory provisions; and
WHEREAS, by PSC Order No. 4949 (Nov. 17, 1998), the Commission reopened the proceedings captioned In the Matter of the Sale, Resale and Other Provisions of Intrastate Telecommunications Services, PSC Regulation Docket No. 10 and In the Matter of the Development of Regulations for the Facilitation of Competitive Entry into the Telecommunications Local Exchange Services Market, PSC Regulation Docket No. 45, to consider amendment of the Rules promulgated therein, in a single consolidated proceeding; and
WHEREAS, the Commission arranged for the publication of notice of the proceeding and of the text of the proposed amended Docket 10 and 45 Rules, as well as the text of Rules in their current form, in the Register of Regulations as required by 29 Del. C. §§ 1133 and 10115 and also arranged for publication of legal notice of the proceeding in the The News Journal and Delaware State News newspapers in accordance with 29 Del. C. § 10115; and
WHEREAS, the Hearing Examiner, designated by the Commission, received comments and suggestions for further or differing proposed revisions to the Rules and also conducted public hearings on the proposed amendments, at which participants were given the opportunity to present evidence and comments, cross-examine witnesses, and make further arguments; and
WHEREAS, on September 7, 1999, the Hearing Examiner issued a Report to the Commission recommending the Commission adopt certain proposed amendments to the Docket 10 and 45 Rules, which Report and Recommendations the Commission considered at its October 26, 1999 public meeting; and
WHEREAS, by PSC Order No. 5277 (Nov. 16, 1999), the Commission identified specific policies to be implemented by any revised Rules and remanded the proceeding to the Hearing Examiner for further consideration, including the opportunity for further comment by participants; and
WHEREAS, after receiving further comments and proposals and conducting a further evidentiary hearing, the Hearing Examiner issued a second report to the Commission recommending that the Commission adopt a consolidated set of Rules for the Provision of Telecommunications Service and proposing the text for such a unitary set of Rules; and
WHEREAS, the Commission thereafter afforded the participants an opportunity to submit written exceptions to the Report and Recommendations of the Hearing Examiner; and
WHEREAS, the Commission considered the Hearing Examiner’s Report, the Hearing Examiner’s Proposed Rules, and the exceptions of the participants at its public meeting of February 28, 2000 and, after deliberations, deemed it appropriate to propose repeal of the present Docket 10 and 45 Rules in their entirety and adoption of consolidated Rules for the Provision of Telecommunications Services as have been proposed by the Hearing Examiner, but with certain modifications approved by the Commission; and
WHEREAS, given that Rules for the Provision of Telecommunications Services, as now being proposed, differ, in substantive nature, from the proposed revisions previously published in the Delaware Register of Regulations, the Commission believes it necessary, in light of 29 Del. C. § 10118(c), to reinitiate the procedures for amendment of agency regulations as set forth in §§ 10113-10119 and to withdraw the previously proposed revisions;
Now, therefore, IT IS HEREBY ORDERED:
1. That the Commission proposes to amend its rules and regulations by: (a) repealing, in their entirety, the "Interim Rules Governing Competition in the Market for Local Telecommunications Services," adopted in PSC Order No. 4468 (April 8, 1997); (b) repealing in their entirety, the "Rules for the Provision of Competitive Intrastate Telecommunications Services," as adopted in PSC Order No. 3283 (June 18, 1991); and (c) adopting Rules for the Provision of Telecommunications Service as set forth in Attachment 3 to Exhibit "A" of this Order.
2. That the Commission withdraws the proposed revisions adopted in PSC Order No. 4949 (Nov. 17, 1998) in light of the action proposed in paragraph one above.
3. That the Commission seeks public comment and input concerning its proposal to repeal the present Docket 10 and 45 Rules and to adopt the proposed Rules for the Provision of Telecommunications Services and, for this purpose, to comply with the requirements of 29 Del. C. §§ 1133 and 10115, the Commission hereby issues the Notices of Proposed Repeal and Adoption of Rules for the Provision of Telecommunications Services attached hereto as Exhibits "A" and "B" for publication, respectively, in the Register of Regulations and in two (2) newspapers of general circulation in the State.
4. That the Secretary shall transmit the Notice of Proposed Repeal and Adoption of Rules for the Provision of Telecommunications Services attached as Exhibit "A," together with copies of the existing text of the Docket 10 and 45 Rules and the proposed Rules for the Provision of Telecommunications Services, to the Registrar of Regulations for publication in the Register of Regulations on May 1, 2000, as required by 29 Del. C. 10115. In addition, the Secretary shall, contemporaneous with such transmittal, cause a copy of the Notice attached as Exhibit "A" and the existing Docket 10 and 45 Rules and the proposed Rules for the Provision of Telecommunications Services to be sent by United States Mail to: (1) all prior participants in this proceeding; (2) all persons who have made timely requests for advance notice of such proceedings; and (3) the Division of the Public Advocate.
5. That the Secretary shall cause the publication of the Notice of Proposed Repeal and Adoption of Rules for the Provision of Telecommunications Services attached hereto as Exhibit "B" to be made in The News Journal and the Delaware State News newspapers on the following dates, in two column format, outlined in black:
May 1, 2000 (for The News Journal)
May 1, 2000 (for the Delaware State News)
6. That the Commission will conduct a public hearing on the proposed repeal of the present Docket 10 and 45 Rules and the adoption of the proposed Rules for the Provision of Telecommunications Services during its regular public meeting at its Dover office on Tuesday, June 6, 2000, beginning at 1:00 PM.
7. That the telecommunications service providers regulated by the Commission are notified that they may be charged for the cost of this proceeding under 26 Del. C. § 114.
8. That the Commission reserves the jurisdiction and authority to enter such further orders in this matter as may be deemed necessary or proper by Order of the Commission.
BY ORDER OF THE COMMISSION:
/s/ Robert J. McMahon________
Chairman
/s/ Joshua M. Twilley________
Vice Chairman
/s/ Arnetta McRae____________
Commissioner
/s/ Donald J. Puglisi_________
Commissioner
______________________________
Commissioner
ATTEST:
/s/ Karen J. Nickerson_________
Secretary
E X H I B I T "A"
BEFORE THE PUBLIC SERVICE COMMISSION
OF THE STATE OF DELAWARE
IN THE MATTER OF THE SALE, |
RESALE, AND OTHER PROVISIONS |
OF INTRASTATE | PSC
TELECOMMUNICATIONS | REGULATION
SERVICES (OPENED MAY 1, 1984; | DOCKET NO. 10
REOPENED NOVEMBER 17, 1998 |
NOTICE OF PROPOSED REPEAL AND ADOPTION OF RULES FOR THE PROVISION OF
TELECOMMUNICATIONS SERVICE
The Delaware Public Service Commission (the "PSC" or the "Commission") proposes to repeal its existing "Rules for the Provision of Competitive Intrastate Telecommunications Services" first adopted In the Matter of the Sale, Resale and Other Provisions of Intrastate Telecommunications Services, PSC Regulation Docket No. 10 ("the Docket 10 Rules") and its existing "Interim Rules Governing Competition in the Market for Local Telecommunications Services" first adopted In the Matter of The Development of Regulations For The Facilitation of Competitive Entry Into the Telecommunications Local Exchange Service Market, PSC Regulation Docket No. 45 (the "Docket 45 Rules"), and to adopt in their place a consolidated set of Rules for the Provision of Telecommunications Services. The proposed new Rules are intended to reflect the changes in the regulatory environment since the adoption of the Docket 10 and 45 Rules; to consolidate the Docket 10 Rules and Docket 45 Rules into a single set of rules; and to harmonize the provisions of these Rules with other regulatory provisions, where practicable. The proposed new Rules will, overall, lessen the regulatory burdens and costs, both to regulated carriers and the PSC.
Significant proposed changes to the Rules include provisions: allowing carriers to file price lists in place of tariffs; eliminating the requirement that tariffs (or price lists) be accompanied by cost studies; allowing changes to existing rates to be implemented upon three days notice, rather than the current fourteen or five days notice; adding a new rule to govern customer election of preferred carriers consistent with the Federal Communications Commission’s preferred carrier election rules; and adding a new rule governing enforcement of the Rules for the Provision of Telecommunications Services..
The PSC derives its legal authority to make and amend regulations governing the conduct of public utilities from 26 Del. C. §§ 201 and 209. In addition, under 26 Del. C. § 703, the PSC is authorized to modify its regulation of telecommunications services where such modifications will, among other things, promote efficiency in public and private resource allocations and encourage economic development. The process under which the PSC acts to make and amend regulations is set forth by 29 Del. C. §§ 10111 through 10119.
The text of the present Docket 10 Rules is attached as Attachment 1. The text of the present Docket 45 Rules is attached as Attachment 2. The text of the proposed Public Service Commission Rules for the Provision of Telecommunications Services is attached hereto as Attachment 3. The text of the existing and proposed Rules, along with summaries of the proposed changes, may be inspected at the Commission’s office, located at 861 Silver Lake Boulevard, Cannon Building, Suite 100, Dover, DE 19904 during the Commission’s normal business hours, Monday to Friday, 8:00 AM to 4:30 PM. Copies of the present and proposed Rules are available at a fee of $0.25 per page. The present and proposed rules may also be inspected and copied at the Commission’s website - http://www.state.de.us/govern/agencies/pubservc/delpsc.htm.
The PSC solicits written comments, compilations of data, briefs, or other written materials addressing repeal of the Docket 10 Rules and Docket 45 Rules and adoption of the proposed Rules for the Provision of Telecommunications Services. Twelve (12) copies of such written materials shall be filed with the Commission at its office at the above address on or before May 30, 2000. In addition, any comments should include proposed text of any further or alternate amendments supported by the party submitting comments. The Public Service Commission shall conduct a public hearing upon the proposed repeal of the Docket 10 Rules and Docket 45 Rules and adoption of the proposed Rules for the Provision of Telecommunications Services and all comments and materials received on June 6, 2000, commencing at 1:00 PM at the Commission’s Dover office. Persons who wish to participate in such hearing should notify the Commission in writing by May 30, 2000.
The repeal of the present Docket 10 and Docket 45 Rules and adoption of the new Rules for the Provision of Telecommunications Services proposed in this notice supersede the proposed revisions in the Docket 10 and Docket 45 Rules previously noticed in 2 DE Reg. 946-959 (Dec. 1998).
Telecommunications service providers subject to the jurisdiction of the Public Service Commission are notified that they may be charged for the costs of this proceeding under 26 Del. C. § 114.
Individuals with disabilities who wish to participate in these proceedings may contact the Commission to discuss auxiliary aids or services needed to facilitate such participation. Contact may be in person, by writing, telephonically, by use of the Telecommunications Relay Service, or otherwise. The Commission’s toll free number is 800-282-8574.
Persons may also obtain more information by contacting the Commission at (302) 739-4247. That number can also be used for Text Telephone Calls. Inquiries can also be sent by Internet e-mail to cmcdowell@state.de.us.
A T T A C H M E N T 1
10 The Sale, Resale, and Other Provisions Of Intrastate Telecommunications Services (Opened May 1, 1984; Reopened November 17, 1998)
Applicability:
Any person (carrier) offering intrastate telecommunications services for public use within the State of Delaware (originating and terminating within the State, without regard to how the person decides to route the traffic) is subject to the regulation of the Public Service Commission (hereafter, "Commission") of the State of Delaware.
Persons subject to these regulations (i.e., carriers offering service for public use) include resellers of WATS and other bulk telecommunications services and facilities-based carriers. Persons providing telephone service through customer owned, coin operated (or pay) telephones (COCOTS) are governed by the Commission Rules in Regulation Docket No. 12 regarding (COCOTS) as the same may from time to time be amended. The Commission reserves the right to exempt any person otherwise subject to these Rules from the operation of any portion of such rules for good cause shown after notice and hearing. To the extent that existing tariffs of The Diamond State Telephone Company as of the effective date of these Rules establish rules and regulations inconsistent with these Rules then, and in that event, the tariff shall control.
Rule 1 - Definitions
a. "COCOT" means Customer Owned, Coin Operated (i.e., pay) Telephone.
b. "TELECOMMUNICATION SERVICE" OR "TELEPHONE SERVICE" means the transmittal of information, by means of electronic or electromagnetic, including light, transmission with or without benefit of any closed transmission medium, including all instrumentalities ancillary thereto, equipment, facilities, apparatus, and services (including the collection, storage, forwarding, switching, and delivery of such information) used to provide such transmission including directory, information and operator service. "Telephone Service" does not include, however:
1. the rent, sale, or lease, or exchange for other value received, of customer premises equipment except for customer premises equipment owned or provided by a telecommunications carrier certificated prior to the effective date of these Regulations and only then to the extent that the regulation of its provision is not Federally preempted.
2. 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.
3. Community antenna television service or Cable Television Service to the extent that such service is utilized solely for the one-way distribution of such entertainment services with no more than incidental subscriber interaction required for selection of such entertainment service.
c. "REGULATED TELECOMMUNICATIONS CARRIERS" - means persons who provide telephone service for public use within the State of Delaware. For purposes of regulation by the Delaware Public Service Commission the term "Regulated Telecommunications Carrier" specifically does not include:
1. telephone service that is provided by or owned and operated by any political subdivision, public or private institution of higher education or municipal corporation of this State or operated by their lessees or operating agents for the sole use of such political subdivision, public or private institution of higher learning or municipal corporation.
2. a company which 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.
3. providers of telephone service by either primarily cellular technology or by domestic public land mobile radio service.
d. "INTRASTATE" means telecommunications services that originate and terminate within the State of Delaware, without regard to how the call is switched or routed.
Rule 2 - Certification Requirement. All persons (carriers) wishing to provide public intrastate telecommunications services within the State of Delaware are required to file with the Commission an original and ten (10) copies of an Application for Certificate of Public Convenience and Necessity. 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 service the public interest and that the public convenience and necessity requires or will require the operation of such business.
Rule 3 - Notice. Notice of the filing of such an application shall be given by the Applicant at the time of filing to each Commission-certificated telephone company (excluding each holder of a COCOT Certificate), the Public Advocate, and to such other entities as may be required by the Commission. Each applicant shall publish notice of the filing of the application in two (2) newspapers having general circulation throughout the State in a form to be prescribed by the Commission.
Rule 4 - License Requirement. Each applicant for a Certificate shall demonstrate that it is legally authorized and qualified to do business in the State of Delaware, including having received all licenses required by the Division of Revenue of the State of Delaware and by local authorities within the area of proposed operation within the State.
Rule 5 - Identification and Billing of Intrastate and Interstate Traffic. Persons (carriers) seeking to provide intrastate telecommunications service within the State of Delaware shall be required in their filings to set forth an effective plan for identifying and billing intrastate versus interstate traffic, and shall pay the appropriate Local Exchange Company for access at its prevailing access charge rates. If adequate means of categorizing traffic as interstate versus intrastate are not or cannot be developed, then, for purposes of determining the access charge to be paid to the local exchange company for such undetermined traffic, the traffic shall be deemed to be of the jurisdiction having the higher access charges and billed at the higher access charges.
Rule 6 - Additional Requirements. Applicants shall be required to present substantial evidence supporting their financial, operational and technical ability to render service within the State of Delaware. Such evidence shall include, but is not limited to:
a. Certified financial statements current within twelve (12) months of the filing. Publicly traded Applicants must file their most recent annual report to shareholders and SEC Form 10-K. Other indicia of financial capability may also be filed.
b. Brief narrative description of Applicant's proposed business in Delaware and its operations in other states. Identifications of states in which Applicant presently is providing service, and for which service applications are pending.
c. Three year construction, maintenance, engineering and financial plans for all services intended to be provided within the State of Delaware with a technical description of the equipment which will be used to provide such services.
d. Relevant operational experience of each principal officer responsible for Delaware operations.
e. Specific description of Applicant's engineering and technical expertise showing Applicant's qualification to provide the intended service including the names, addresses and qualifications of the officers, directors and technical or engineering personnel who will be operating and/or maintaining the equipment to be used to provide such service.
f. Description and map of the Applicant's owned, leased, and optioned facilities existing and planned to exist within the State of Delaware in the next three years. Also, map showing points of presence within the State of Delaware. All such descriptions and maps shall at all times be kept current and are to be updated as changes are known to the Applicant during the processing of the application and thereafter if the application is approved.
g. If the applicant does not require deposits, advance payments, prepayments, financial guarantees or the like from customers and charges only for service after it has been provided, then no bond shall be required. Otherwise, applicant shall file a bond with a corporate surety licensed to do business in Delaware guaranteeing the repayment of all customer deposits and advances upon the termination of service. The Bond need not be filed with the application but no certificate will be issued to an Applicant and no Applicant may commence business until Applicant files such Bond with the Commission. The amount of the Bond will be the greater of (1) 150% of the projected balance of deposits and advances at the end of three years of operations or (2) $50,000. If at any time the actual amount of deposits and advances held by the holder of a Certificate issued after the effective date of this regulation exceeds the amount projected, the amount of the Bond with surety shall be increased to comply with the requirement in the preceding sentence. Continuation of the Bonding requirement after the first three years will be at the discretion of the Commission which upon application may dispense with the Bond requirement for good cause shown.
h. Copies of State Business License issued by Delaware Division of Revenue.
Rule 7 - Tariffs and Cost Studies. Each application for a Certificate of Public Convenience and Necessity shall include proposed initial tariffs, rules, regulations, terms and conditions of service specifically adapted for the State of Delaware. Initial tariffs shall be accompanied by cost studies or other supporting data establishing the reasonableness and sufficiency of the proposed rates and charges. Other supporting data filed in lieu of a cost study must clearly establish the economic basis for management's decision to enter the Delaware market for each of the proposed services. Copies of Applicant's tariffs, and terms and conditions of service in other jurisdictions must be provided to the Commission upon request. Applicant's tariffs must include specific policies for customer deposits and advances, for prompt reconciliation of customer billing problems and complaints, and for timely correction of service problems. Applications must provide and keep current the name, address and telephone number of Applicant's Delaware Resident Agent.
Rule 8 - New Options or Offerings.
a. Competition exists - Persons (carriers) seeking to introduce a service option or offering under this section shall file information sufficient to establish the existence of actual competition for the services and customer categories to which the tariff applies.
After initial certification, a person (carrier) may introduce new options or offerings ten (10) days after making a tariff filing with the Commission. A change to an existing tariff can be implemented upon fourteen (14) days notice for price increases and five (5) days notice for price decreases. The tariff filing shall be accompanied by cost studies or other supporting data establishing the reasonableness and sufficiency of the proposed rates and charges. Other supporting data filed in lieu of a cost study must clearly establish the economic basis for management's decision to propose the option, offering or tariff change.
b. Competition does not exist - After initial certification, a person (carrier) may introduce new options or offerings, or change an existing tariff, 60 days after making a tariff filing with the Commission. The tariff filing shall be accompanied by cost studies or other supporting data establishing the reasonableness and sufficiency of the proposed rates and charges. Other supporting data filed in lieu of a cost study must clearly establish the economic basis for management's decision to propose the option, offering or tariff change. New options, offerings or tariff changes may be suspended in appropriate cases but normally will be allowed to take effect upon 60 days notice; however, the Commission may for good cause shown waive this requirement and allow the tariffs to go into effect upon shorter notice.
Rule 9 - Abandonment or Discontinuation of Service. No person (carrier) shall abandon or discontinue service, or any part thereof, established within the State of Delaware without prior Commission approval and without having previously made provision, approved by the Commission, for payment of all relevant outstanding liabilities (deposits) to customers within the State of Delaware.
Rule 10 - Reports to be provided to the Commission. All persons (carriers) certificated to provide Intrastate telephone service for public use after the effective date of these Rules shall provide such information concerning Delaware operations to the Public Service Commission as the Commission may from time to time request.
a. The accounting system to be used is the Uniform System of Accounts of the Federal Communications Commission or other uniform system of account previously approved in writing by the Chief Accountant of the Commission.
b. All reports required by these rules to be submitted to the Commission shall be attested to by an officer or manager of the carrier, under whose direction the report is prepared, or if under trust or receivership, by the receiver or a duly authorized person, or if not incorporated, by the proprietor, manager, superintendent, or other official in charge of the carrier's operation.
c. All periodic reports required by this Commission must be received on or before the following due dates unless otherwise specified herein, or unless good cause is demonstrated by the carrier:
1. Annual reports: one hundred twenty (120) days after the end of the reported period.
2. Special and additional reports: as may be prescribed by the Commission unless good cause to the contrary is demonstrated.
d. The annual report shall include standard financial reports (balance sheet, statement of operations, supporting schedules, etc.). This report shall also include (i) the same after-the-fact information that management is provided concerning the measurement of performance provided in Delaware, (ii) the information used to determine the Delaware Income Tax liability, and (iii) financial and operating information for the smallest management unit that includes Delaware. Additional information to be provided includes:
1. Intrastate revenues (net of uncollectibles) by service category;
2. Intrastate access and billing and collection cost by service category;
3. Total number of customers by service category;
4. Total intrastate minutes of use by service category;
5. Total intrastate number of calls by service category;
6. A description of service offered;
7. A description of each complaint received by service category (in the form of a single Complaints Log); and,
8. Verification of deposits, customer advances, the bond requirement and the bond with surety.
NOTE: All reports filed pursuant to the requirement of this section may be deemed to be non-public records within the contemplation of the exemption from public record status accorded by 29 Del. C. § 10002 (d)(2) for trade secrets and commercial or financial information obtained from a person which is of a privileged or confidential nature. Such reports to receive confidential treatment must be clearly and conspicuously marked on the title page as containing proprietary information. Each page with the report containing information deemed by the Company to be proprietary in nature shall be so marked.
Rule 11 - Discrimination Prohibited. No person (carrier) shall unreasonably discriminate among persons requesting a tariffed service within the State of Delaware. The Commission directs that the operating rule shall be service pursuant to tariff. If, in specific instances, a carrier wishes to provide service pursuant to contract as a response to direct competition, that carrier is required to demonstrate affirmatively that (i) the request is in response to actual rather than potential competition and (ii) that the proposed contract structure and rates are at least equal to incremental cost.
Any finding of unreasonable discrimination shall be grounds for suspension or revocation of the Certificate of Public Convenience and Necessity granted by the Commission as well as the imposition of monetary and other penalties pursuant to 26 Del. C. Sections 217, 218.
Rule 12 - Suspension or Revocation of Certificate.
Excessive subscriber complaints against a person (carrier) shall be a basis for suspension or revocation of a carrier's Certificate of Public Convenience and Necessity if, after hearing, the Commission determines such complaints to be meritorious. In all proceedings, the Commission shall give to the person (carrier) notice of the allegations made against it and afford the carrier with an opportunity to be heard concerning those allegations, prior to the suspension or revocation of the carrier's Certificate of Public Convenience and Necessity or other formal action. The burden of establishing the adequate provision of service is upon the utility.
Rule 13 - Blockage. Persons (carriers) who intentionally or otherwise carry intrastate telecommunications traffic within the State of Delaware on facilities or equipment available to the public are required:
a. To file for a Certificate of Public Convenience and Necessity under these rules, unless already certified by the Commission; or
b. To immediately block such intrastate traffic so that certification is no longer required.
Rule 14 - Service Quality. All persons subject to these Rules shall provide telephone service in accordance with such Telephone Service Quality Regulations as the Commission has adopted in PSC Regulation Docket No. 20, Order No. 3232. An Applicant seeking to be exempted from any portion of those Rules should file an appropriate application for exemption with the Commission, pursuant to Rule 1.2.3 of the rules adopted by the Commission in Order No. 3232 (PSC Regulation Docket No. 20).
Upon a Commission determination that a specific service of a person (carrier) meets the requirements of Rule 8.a establishing the existence of actual competition, then the shortened notice requirements in Rule 8.a shall apply to that specific service of that person (carrier) and the 60-day notice requirement of Rule 3.5.1.G, as adopted in the Commission's Order No. 3232 (Docket No. 20) shall no longer apply to it, pending future Commission action.
NOTICE OF PROPOSED REPEAL AND ADOPTION OF RULES FOR THE PROVISION OF TELECOMMUNICATIONS SERVICE
The Delaware Public Service Commission (the "PSC" or "Commission") proposes to repeal its existing "Rules for the Provision of Competitive Intrastate Telecommunications Services" first adopted In the Matter of the Sale, Resale and Other Provisions of Intrastate Telecommunications Services, PSC Regulation Docket No. 10 ("the Docket 10 Rules") and its existing "Interim Rules Governing Competition in the Market for Local Telecommunications Services" first adopted In the Matter of The Development of Regulations For The Facilitation of Competitive Entry Into the Telecommunications Local Exchange Service Market, PSC Regulation Docket No. 45 (the "Docket 45 Rules"), and to adopt in their place a set of Rules for the Provision of Telecommunications Services. The proposed new Rules are intended to reflect the changes in the regulatory environment since the adoption of the Docket 10 and 45 Rules; to consolidate the Docket 10 Rules and Docket 45 Rules into a single set of rules; and to harmonize the provisions of these Rules with other regulatory provisions, where practicable. The proposed new Rules will, overall, lessen the regulatory burdens and costs, both to regulated carriers and the PSC.
Significant proposed changes to the Rules include provisions: allowing carriers to file price lists in place of tariffs; eliminating the requirement that tariffs (or price lists) be accompanied by cost studies; allowing changes to existing rates to be implemented upon three days notice, rather than on fourteen or five days notice; adding a new rule to govern customer election of preferred carriers consistent with the Federal Communications Commission’s preferred carrier election rules; and adding a new rule governing enforcement of the Rules for the Provision of Telcommunications Services.
The PSC derives its legal authority to make and amend regulations governing the conduct of public utilities from 26 Del. C. §§ 201 and 209. In addition, under 26 Del. C. § 703, the PSC is authorized to modify its regulation of telecommunications services where such modifications will, among other things, promote efficiency in public and private resource allocations and encourage economic development. The process under which the PSC acts to make and amend regulations is set forth by 29 Del. C. §§ 10111 through 10119.
The text of the existing and proposed Rules, along with summaries of the proposed changes, may be inspected at the Commission’s office, 861 Silver Lake Boulevard, Cannon Building, Suite 100, Dover, DE 19904 during the Commission’s normal business hours, Monday to Friday, 8:00 AM to 4:30 PM. Copies of the present and proposed Rules are available at a fee of $0.25 per page. The present and proposed rules may also be inspected and copied at the Commission’s website - http://www.state.de.us/govern/agencies/pubservc/delpsc.htm.
The PSC solicits written comments, compilations of data, briefs, or other written materials addressing repeal of the Docket 10 Rules and Docket 45 Rules and adoption of the proposed Rules for the Provision of Telecommunications Service. Twelve (12) copies of such written materials shall be filed with the Commission at its office at the above address on or before May 30, 2000. In addition, any comments should include proposed text of any further or alternate amendments to the Rules supported by the party submitting comments. The Public Service Commission will conduct a public hearing upon the proposed repeal of the Docket 10 and 45 Rules and adoption of the proposed Rules for the Provision of Telecommunications Services and all comments and materials received on June 6, 2000, commencing at 1:00 PM at the Commission’s Dover office. Persons who wish to participate in these proceedings may contact the Commission in writing by May 30, 2000.
Individuals with disabilities who wish to participate in these proceedings may contact the Commission to discuss auxiliary aids or services needed to facilitate such participation. Contact may be in person, by writing, telephonically, by use of the Telecommunications Relay Service, or otherwise. The Commission’s toll free number is 800-282-8574.
Persons may also obtain more information by contacting the Commission at (302) 739-4247. That number can also be used for Text Telephone Calls. Inquiries can also be sent by Internet e-mail to cmcdowell@state.de.us.