DEPARTMENT OF STATE

Public Service Commission

Statutory Authority: 26 Delaware Code, Sections 209(a)(1) and 10113(b) (26 Del.C. §§209(a)(1) and 10113(b))

26 DE Admin. Code 4001

FINAL

ORDER

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

IN THE MATTER OF THE RULES FOR THE PROVISION OF TELECOMMUNICATIONS SERVICES

(REG. DKT 10 OPENED MAY 1, 1984; REG. DKT 45 OPENED NOVEMBER 21, 1995; JOINTLY REOPENED NOVEMBER 17, 1998; JULY 24, 2001; AUGUST 9, 2004; NOVEMBER 5, 2013; MAY 13, 2014; AUGUST 19, 2014 AND DECEMBER 5, 2019

PSC REGULATION DOCKET

NOS. 10 AND 45

ORDER NO. 10412

AND NOW, this 27th day of March 2024, the Delaware Public Service Commission ("Commission") determines and orders the following:

WHEREAS, under the provisions of 26 Del. C. § 209(a)(1) and 29 Del. C. § 10113(b), the Commission is authorized to amend existing regulations to make them consistent with changes in basic law but do not otherwise alter the substance of the regulations; and

WHEREAS, the Commission has previously adopted the Rules for the Provision of Telecommunications Services (Dockets 10 and 45), codified at 26 Del. Admin. C. § 4001 et seq. (the "Telecom Rules"), which were adopted on May 1, 1984 (Regulation Docket 10) and November 21, 1995 (Regulation Docket 45), and last revised on April 22, 2020; and

WHEREAS, minor revisions to the Telecom Rules are necessary to update certain noticing requirements to conform with 26 Del. C. § 102A; and

WHEREAS, under 29 Del. C. § 10113(b)(5), an agency's amendment of existing regulations to make them consistent with changes in basic law but which do not otherwise alter the substance of the regulations is exempt from the requirements of 29 Del. C. Ch. 101 relating to notice and public comment and may instead be informally adopted or amended; and

WHEREAS, the Commission finds that the amendments are exempt from the requirement of public notice and comment because they include "amendments to existing regulations to make them consistent with changes in basic law but … do not otherwise alter the substance of the regulations," pursuant to 29 Del. C. § 10113(b)(5);

NOW, THEREFORE, IT IS ORDERED BY THE AFFIRMATIVE

VOTE OF NOT FEWER THAN THREE COMMISSIONERS:

1. That, pursuant to 26 Del. C. § 209(a) and 29 Del. C. § 10113(b)(5), the Commission hereby adopts the Rules for the Provision of Telecommunications Services (Dockets 10 and 45) as amended herein as its official regulation as defined by 29 Del. C. § 1132(3). A marked-up version of the Telecom Rules reflecting only the amended sections is attached as Exhibit "A".

2. That, pursuant to 26 Del. C. §§ 10113 and 10118, the Secretary of the Commission shall transmit a copy of this Order, including the exhibits, to the Registrar of Regulations for publication in the May 1, 2024 edition of the Delaware Register of Regulations. An exact copy of the Telecom Rules, as amended, shall be published as the current official regulations in the Delaware Register of Regulations.

3. That, as mandated by the Delaware Register of Regulations formatting requirements, Commission Staff is authorized to perform any necessary nonsubstantive edits to conform Exhibit "A" to the Delaware Register of Regulations Style Manual for May 1, 2024 submission.

4. That, pursuant to 29 Del. C. § 10118(g), the effective date of the amendments shall be the later of May 11, 2024, or ten (10) days after publication in the Delaware Register of Regulations.

5. 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:

/s/ Dallas Winslow, Chairman (Voted via Teleconference pursuant to 29 Del.C. §10006(A)(d))	Manubhai Karia, Commissioner
Joann Conaway, Commissioner	K. F. Drexler, Commissioner
Harold B. Gray, Commissioner

ATTEST: Crystal Beenick, Secretary

*Please Note: Electronic signatures ("/s/") were accepted pursuant to 6 Del.C. §12A-107(d).

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 one-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 Rule 3 Section 3.0 of these Rules.

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

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

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 six 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 one (1) newspaper having general circulation throughout the county or counties where service is to be offered in a form to be prescribed by the Commission 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.

4.6.1 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:

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

4.6.1.2 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;

4.6.1.3 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)

5.0 Abandonment or Discontinuation of Service

A Carrier may abandon or discontinue Competitive Services, in whole or in part, at any time; provided, however that such Carrier shall provide the Commission with contemporaneous notice of abandonment or discontinuance of all of its Competitive Services in the State. A Carrier may abandon or discontinue Basic Services in accordance with the terms of 26 Del.C. §203(A)(d).

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

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

6.0 Services to be Provided By Carriers Providing Local Telecommunications Exchange Service

6.1 Any Carrier providing local telecommunications exchange service shall provide to its customers:

6.1.1 Access to 911 enhanced emergency system;

6.1.2 Access to telecommunications relay service.

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

7.0 Regulation

7.1 Except for the determination of rate changes, the offering of Basic Services is subject to the provisions of Subchapters I and V of Chapter I of Title 26, §§201, 202, 203A(c), 204, 206, 212, 217, 218, and 222 of Title 26, and all Commission procedures, rules, and regulations except to the extent inconsistent with Subchapter VII of Chapter I of Title 26.

7.2 Rate changes for Basic Services do not require Commission approval.

7.3 Rates for switched access service must be established according to prevailing federal jurisdiction.

7.4 Competitive Services are not subject to tariff or other filing requirements and Carriers are not required to provide notice to the Commission for any new competitive service.

7.5 Commission approval is not required for any reorganization or merger, mortgage or transfer of property, issuance of securities, assumption of obligation of another, or transfer of control of a Carrier.

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

8.0-12.0 Reserved

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

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

PART B

CUSTOMER ELECTION OF PREFERRED CARRIER

13.0 Additional Definitions

For purposes of this Part B Sections 13.0 through 19.0, in addition to the Definitions set forth by Part A in Section 1.0, the following definitions shall apply:

13.1 Preferred Carrier shall mean the Carrier providing service to the customer at the time of the adoption of these Rules, or such Carrier as the customer thereafter designates as the customer’s Preferred Carrier.

13.2 Preferred Carrier Change Order shall mean generally any order changing a customer’s designated Carrier for local exchange service, intraLATA intrastate toll service or both.

14.0 Applicability

Any Carrier offering intrastate and/or local exchange service intrastate service, local exchange service, or both for public use within the State of Delaware, including the ILEC, Bell Atlantic-Delaware, Inc., shall be subject to the provisions of these Part B Rules Sections 13.0 through 19.0.

15.0 Verification of Orders for Telecommunications Service

No Carrier shall submit a Preferred Carrier Change Order unless and until the Order has been first confirmed in accordance with one of the procedures set forth in 47 C.F.R. § 64-1120.

16.0 Letter of Agency Form and Content

A Carrier may use a letter of agency to obtain written authorization and/or or verification of a customer’s request to change his or her Preferred Carrier selection. A letter of agency that does not conform with the requirements set forth in 47 C.F.R. § 64.1130 is invalid.

17.0 Submission and Execution of Changes in Customer Carrier Selections

Submission and execution of changes in customer carrier selection shall comply with 47 C.F.R. § 64.1120.

18.0 Preferred Carrier Freezes

A Preferred Carrier freeze prevents a change in a customer’s Preferred Carrier selection unless the customer has given the Carrier from which the freeze was requested his or her express consent. All Carriers who offer Preferred Carrier freezes must comply with the provisions of 47 C.F.R. § 64.1190.

19.0 Customer Protection

19.1 Procedures To Be Followed By The Customer.

A customer who believes his or her Carrier or Carriers have been changed, without the customer’s authorization, and/or that the customer has been billed for charges not authorized by the customer, or both, should first attempt to resolve the matter with the Carrier or Carriers responsible for the unauthorized changes and/or charges changes, charges, or both. If the customer is not satisfied with the resolution offered by the Carrier, the customer may file a complaint with the Commission.

19.2 Procedures To Be Followed By Carriers.

A Carrier who is informed by a customer that the customer believes the Carrier has caused or allowed a change in the customer’s Carrier without the customer’s authorization, or that the Carrier has caused or allowed the customer to be billed for charges not authorized by the customer shall attempt to resolve the complaint promptly and in good faith. If the customer and Carrier are not able to resolve the complaint, then the Carrier shall inform the customer orally or in writing of the right to file a complaint with the Commission and shall provide the customer with the Commission’s address and telephone number.

19.3 Carriers to Maintain Record of Complaints.

19.3.1 Each Carrier shall maintain a record of the complaints received by it alleging that the Carrier has caused or allowed a customer’s Carrier to be changed without the customer’s authorization or has caused or allowed the customer to be billed for charges not authorized by the customer. The Carrier shall maintain the record of each complaint for a period of two 2 years following initial notification of the complaint. Upon request by the Commission or its staff, a Carrier shall furnish a copy of its complaint records and such other information as the Commission Staff may require. A Carrier’s complaint records shall include at least the following information:

19.3.1.1 name, address, and telephone number of complainant and the date and manner received by the Carrier; and

19.3.1.2 a chronological summary of the dispute and its current status, including any resolution and date of resolution.

19.4 Refund and Penalties.

In the event the Commission determines that a Carrier has caused a customer’s Carrier for a service to be changed without the customer’s authorization obtained in exact compliance with these Rules, or has caused the customer to be billed for charges imposed without exact compliance with these Rules, then the Commission shall require the Carrier to promptly refund or void to the customer any charges the Carrier has caused to be billed as a result of the unauthorized change or charge, and/or or any other remedies available for violation of these Rules as allowed by law. 26 Del.C. §924(c). The Commission’s remedies are in addition to those required under 47 C.F.R. § 64.1170 to the extent the FCC’s remedies have not provided a refund or credit to the subscriber in the amount of 100% of all charges the Carrier caused to be billed as a result of the unauthorized change or charge.

5 DE Reg. 1265 (12/01/01)

9 DE Reg 1390 (03/01/06)

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

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