DEPARTMENT OF STATE

Public Service Commission

GENERAL NOTICE

PUBLIC NOTICE OF PROPOSED AMENDMENTS TO THE PUBLIC SERVICE COMMISSION’S RULES FOR TELECOMMUNICATIONS SERVICE PROVIDERS

EXHIBIT “A”

TO: ALL TELECOMMUNICATIONS CARRIERS, ALL CONSUMERS, AND OTHER INTERESTED PERSONS

As a result of the cancellation of its regular meeting scheduled for February 26, 2020, the Delaware Public Service Commission (“Commission”) is re-posting this public notice to move the date for the hearing in this matter from February 26, 2020, to March 18, 2020, and to extend the deadline for public comment until April 3, 2020.

In April 2019, the role of the Delaware Public Service Commission (“Commission”) with respect to landline telecommunications regulation changed with the passage of Senate Bill No. 18 (“SB 18”). (The Commission does not regulate wireless or voice over internet services.) Among other things, SB 18 amended Title 26 of the Delaware Code by removing certain statutory requirements for Commission-regulated telecommunications service providers that are no longer consistent with recent decisions of the Federal Communications Commission, including significant changes to the Telecommunications Technology Investment Act (“TTIA”) (See 26 Del. C. §§ 215, 704-707).

Generally, telecommunications services provided over landlines fall into two categories: (1) “Basic Services,” which the Commission regulates for price and quality of service; and (2) “Competitive Services,” which the Commission does not regulate, other than to certify new carriers who seek to offer such services in Delaware. The SB 18 amendments maintained certification requirements for telecommunications carriers but revised the TTIA (§§ 704-707) to narrow the definition of “Basic Services” and to allow carriers to change the rates for Basic Services without Commission approval.

By Order No. 9506 dated December 5, 2019 (the “Order”), the Commission now proposes to revise its telecommunications rules to reflect the SB 18 amendments and to otherwise clarify and simplify its regulations by: (1) amending its “Rules for the Provision of Telecommunications Services,” codified at 26 Del. Admin. C. § 4001 (“§ 4001”) (Regulation Docket Nos. 10 and 45); (2) moving the remaining TTIA requirements (as amended by SB 18) from 26 Del. Admin. C. § 4005 (“§ 4005”) to § 4001; and (3) repealing its “Regulations for the Implementation of the Telecommunications Technology Investment Act,” codified at § 4005 (Regulation Docket No. 41).

The text of the Amendments are attached to the Order. The Order and related exhibits are reproduced in the January 2020 edition of the Delaware Register of Regulations and may also be reviewed online at the Commission’s website at www.depsc.delaware.gov. You may also obtain a paper copy of the Orders at the Commission’s Dover office for a fee of $0.25 per page.

Interested parties may file written comments, suggestions, briefs, compilations of data, or other materials concerning the Amendments. Such material (10 copies) may be submitted to the Commission on or before April 3, 2020, by email to lisa.driggins@delaware.gov or at the following address:

Delaware Public Service Commission

861 Silver Lake Boulevard

Cannon Bldg., Suite 100

Dover, Delaware, 19904

Attn: PSC Reg. Dckts. Nos. 10 & 45

The Commission will conduct a public hearing on the Amendments on Wednesday, March 18, 2020, beginning at 1:00 PM in the Hearing Room of the Delaware Public Service Commission, 861 Silver Lake Blvd., Dover, Delaware.

If you are handicapped and need assistance or aids in participating in this matter, please contact the Commission to discuss any needed assistance or aids. You may contact the Commission with questions or requests about this matter at the Commission's toll-free telephone number (800) 282-8574 (Delaware only) or (302) 739-4333 (including text telephone). You may also send inquiries by Internet e-mail addressed to psc@delaware.gov.

ORDER NO. 9532

AND NOW, this 8th day of January 2020, the Delaware Public Service Commission (“Commission”) determines and orders the following:

WHEREAS, on December 5, 2019, by Order No. 9506, the Commission re-opened the captioned dockets to consider amending its “Rules for the Provision of Telecommunications Services,” codified at 26 Del. Admin. C. § 4001 (“§ 4001”) (Regulation Docket Nos. 10 and 45) and to consider repealing its “Regulations for the Implementation of the Telecommunications Technology Investment Act,” codified at § 4005 (Regulation Docket No. 41); and

WHEREAS, the Commission set the hearing date on the proposed changes for the regular meeting it had scheduled for February 26, 2020, and directed the Commission Secretary to cause notice of the proposed changes and the hearing date in The News Journal and Delaware State News newspapers and in the Delaware Register of Regulations; and

WHEREAS, the Commission has cancelled its February 26, 2020 meeting and now sets the new hearing date on the proposed changes for March 18, 2020;

NOW, THEREFORE, IT IS HEREBY ORDERED BY THE AFFIRMATIVE VOTE

OF NOT FEWER THAN THREE COMMISSIONERS:

1. That, pursuant to 29 Del. C. § 10115(a), the Secretary shall transmit a copy of the updated form of public notice attached as Exhibit “A” to the Registrar of Regulations for publication in the February 1, 2020 edition of the Delaware Register of Regulations.

2. That, pursuant to 29 Del. C. § 10115(b), the Secretary shall cause the updated form of public notice attached as Exhibit “A” to be published in two-column format, outlined in black, in the following two newspapers on the following dates:

The News Journal January 23, 2020

Delaware State News January 23, 2020

In addition, the Secretary shall mail a copy of this Order, with its exhibit, 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 Secretary shall file a certification of the completion of these tasks by January 31, 2020.

3. Pursuant to 26 Del. C. § 209(a), the Commission will hold a public hearing on the proposed amendments on Wednesday, March 18, 2020, beginning at 1:00 PM in the Hearing Room of the Delaware Public Service Commission, 861 Silver Lake Blvd., Dover, Delaware. Interested persons or entities may submit written suggestions, compilations of data, briefs, or other written materials concerning these proposed amendments on or before April 3, 2020.

4. 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: