§ 703. Commission authority.
§ 703. Commission authority. To create an environment which permits the pursuit of the policy declared herein, the General Assembly finds and declares that: (1) In a competitive marketplace, some utility regulation may be necessary in protecting the public interest. However, where competition helps promote efficiency in the use of resources, deployment of technology or […]
§ 704. Election of a telecommunications service provider to be governed by this subchapter.
§ 704. Election of a telecommunications service provider to be governed by this subchapter. (a) A telecommunications service provider offering services under a certificate granted under § 203A of this title may elect or any telecommunication service provider that has previously elected may reelect, upon or after July 15, 2013, to determine its rates and […]
§ 705. Definitions.
§ 705. Definitions. (a) “Basic services” means switched access services. (b) “Competitive services” means either of the following: (1) All services which are not classified as “basic” in subsection (a) of this section. (2) Any new service other than switched access service. 69 Del. Laws, c. 99, § 2; 70 Del. Laws, c. 186, § […]
§ 706. Offering, classification and abandonment of service.
§ 706. Offering, classification and abandonment of service. (a) A service provider is not required to provide notice to the Commission for any new service. (b) Competitive services, including new services, and basic services, other than switched access, are not subject to mandatory tariff or other filing requirements except as specifically provided in this subchapter. […]
§ 707. Provision of basic services.
§ 707. Provision of basic services. (a) An offering of basic services in this State, that is not a determination of rate change, is subject to the provisions of subchapters I and V of this chapter, §§ 201, 202, 203A(c), 204, 206, 212, 217, 218, and 222 of this title, and all Commission procedures, rules, […]
§ 708. Provision of competitive services.
§ 708. Provision of competitive services. (a) Any provider of a competitive service may determine its price and other terms and conditions under which such competitive service will be offered, and subchapter II of this chapter shall not apply to the provision of such services except as provided in § 706(f) of this title herein. […]
§ 709. Delaware Broadband Fund.
§ 709. Delaware Broadband Fund. (a) The State shall create a fund designated as the “Delaware Broadband Fund” (the “Fund”) to be used to support and enhance broadband services in the State’s public schools and public libraries and for rural broadband initiatives in unserved areas of the State. (b) The Fund shall be administered by […]
§ 710. Regulatory assessment.
§ 710. Regulatory assessment. In lieu of the regulatory assessment imposed under § 115 of this title, a service provider shall pay an assessment into the Delaware Broadband Fund. On August 1, 2013, the service provider shall pay into the fund 1/2 of the amount of its 2011 regulatory assessment in lieu of the amounts […]
§ 615. Judicial review and enforcement of acts by a Commission.
§ 615. Judicial review and enforcement of acts by a Commission. (a) Except where judicial review is otherwise expressly provided for herein, in the event that the Commission, by action or inaction, shall fail to comply with this subchapter, the exclusive remedy for any aggrieved person shall be to file, within 30 days of the […]
§ 616. Preemption.
§ 616. Preemption. Any provision of this chapter, or of any franchise issued pursuant thereto, or any rule, regulation or practice, adopted or imposed by the Commission, which is inconsistent with the Communications Act of 1934 [P.L. 73-416], as amended, or any final rule or regulation now or hereafter adopted by the Federal Communications Commission […]