reglab/housing_qa huggingface dataset:
26 DE Code § 706. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 1. Public Service Commission|Subchapter VII-A. Telecommunications Technology Investment Act|§ 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. (c) Notwithstanding the provisions of § 203A(d) of this title, a service provider may abandon a competitive service at any time. (d) Notwithstanding any other provision of law, Commission approval may not be 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 service provider governed under this subchapter.  (e) [Repealed.] (f) A service provider offering competitive services under this subchapter shall be subject to the provisions of §§ 202 and 216-222 of this title. (g) Notwithstanding any order or regulation of the Commission or law to the contrary, the Commission may not investigate or adjudicate retail customer complaints for services governed by this subchapter except complaints related to the adequate provisioning of basic services. (h) A service provider offering services under this subchapter shall comply with the certificate of public convenience and necessity requirements as set forth in § 203A(a) and (b) of this title. 69 Del. Laws, c. 99, §  2;  76 Del. Laws, c. 272, §  10;  79 Del. Laws, c. 53, §  1;  80 Del. Laws, c. 214, § 2;  82 Del. Laws, c. 11, § 7;
26 DE Code § 707. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 1. Public Service Commission|Subchapter VII-A. Telecommunications Technology Investment Act|§ 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, and regulations except to the extent inconsistent with this subchapter. (b) Beginning January 1, 2020, after January 1 of the year immediately following the initial election or reelection made pursuant to § 704 of this title, Commission approval may not be required to change tariff rates and rates for basic services must be established according to prevailing federal jurisdiction. (c) No service provider may assess switched access rates pursuant to tariff that are higher than the switched access rates set forth in the tariffs of the incumbent local exchange carrier in the same service territory. 69 Del. Laws, c. 99, §  2;  76 Del. Laws, c. 272, §§  11-17;  79 Del. Laws, c. 53, §  1;  82 Del. Laws, c. 11, § 8;
26 DE Code § 708. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 1. Public Service Commission|Subchapter VII-A. Telecommunications Technology Investment Act|§ 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. (b) The Commission may, upon the filing of a written complaint, investigate claims related to predatory pricing of competitive services consistent with principals of federal and state antitrust law. If the Commission opens a proceeding to investigate such claims, the burden of proof shall be on the complainant. If the Commission finds that predatory pricing has occurred, the Commission may enjoin the conduct, but may not otherwise determine the price or other terms and conditions under which a competitive service will be offered. 69 Del. Laws, c. 99, §  2;  76 Del. Laws, c. 272, §§  18-21;  79 Del. Laws, c. 53, §  1;
26 DE Code § 709. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 1. Public Service Commission|Subchapter VII-A. Telecommunications Technology Investment Act|§ 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 the Secretary of the Department of Technology and Information. The Secretary shall develop a plan to carry out the purposes of subsection (a) of this section and, after concurrence of the Controller General and Director of the Office of Management and Budget, may distribute moneys from the Fund to implement such plan. (c) All moneys in the Fund shall be distributed by July 1, 2018, and the Fund shall terminate at that time. 79 Del. Laws, c. 53, §  1;
26 DE Code § 710. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 1. Public Service Commission|Subchapter VII-A. Telecommunications Technology Investment Act|§ 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 due under § 115 of this title for the period January 1, 2013, through June 2013 and shall continue making payments into the Fund in lieu of any amounts due under § 115 of this title for an additional 3 years beginning on January 30, 2014, and ending on January 30, 2016, in an amount equal to the regulatory assessment for the year 2011, after which time the obligation under § 115 of this title or to make payments under this section shall cease. 79 Del. Laws, c. 53, §  1;
26 DE Code § 801. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 8. Underground Utility Damage Prevention and Safety|Subchapter I. Underground Utility Damage Prevention and Safety Act|§ 801. Purpose; citation; construction.

§ 801. Purpose; citation; construction. (a) For the purposes of providing for the protection of the public health and safety, certain procedures are necessary to assure that persons performing excavation or demolition operations know, prior to commencing such operations, of the presence or location of underground utilities in the excavation or demolition area. Certain precautions must be taken to avoid injuries and damage to life, limb and property, to avoid disruption and discontinuation of utility services to members of the public and to promote safe operations during excavation and demolition. (b) This subchapter shall be known and may be cited as the “Underground Utility Damage Prevention and Safety Act.” This chapter shall be liberally construed and applied to promote its underlying purposes and policies. 62 Del. Laws, c. 148, §  2;  69 Del. Laws, c. 455, §  1;
26 DE Code § 804. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 8. Underground Utility Damage Prevention and Safety|Subchapter I. Underground Utility Damage Prevention and Safety Act|§ 804. Additional duties of operators who are also underground pipeline facility operators.

§ 804. Additional duties of operators who are also underground pipeline facility operators. It shall be the duty of each underground pipeline facility operator to:  (1) Participate in the approved notification center. (2) Provide as follows for inspection of pipelines that such operator has reason to believe could be damaged by excavation activities:  a. The inspection must be done as frequently as necessary during and after the excavation activities to verify the integrity of the pipeline; and b. In case of blasting, any inspection must include leakage surveys.69 Del. Laws, c. 455, §  1;
26 DE Code § 805. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 8. Underground Utility Damage Prevention and Safety|Subchapter I. Underground Utility Damage Prevention and Safety Act|§ 805. Duties of designers.

§ 805. Duties of designers. It shall be the duty of each designer:  (1) To contact the approved notification center and obtain the identity of operators whose facilities are listed, as required by § 803 of this title, in the area of the proposed excavation or demolition; (2) To obtain the information prescribed in § 803(6) or (7) of this title from each operator identified as required by § 803(2) of this title; (3) To show upon the drawing the type of each line, derived pursuant to the request made as required in paragraph (2) of this section, the name of the operator and telephone number of the approved notification center, and instructions to “notify the approved notification center not less than 2 working days, but no more than 10 working days, prior to the excavation or demolition activities.”62 Del. Laws, c. 148, §  2;  69 Del. Laws, c. 455, §  1;
26 DE Code § 807. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 8. Underground Utility Damage Prevention and Safety|Subchapter I. Underground Utility Damage Prevention and Safety Act|§ 807. Approved notification center.

§ 807. Approved notification center. (a) The approved notification center shall be Utilities Service Protection of Delmarva, Inc. (b) The approved notification center shall:  (1) Receive and record information prescribed by § 803 of this title regarding the location of operators' utility lines within the State; (2) Receive and record information prescribed by §§ 805 and 806 of this title regarding notice by excavators or designers of intended excavation or demolition activity; (3) Promptly transmit to the operators identified in accordance with § 803 of this title, the information received as prescribed by paragraph (b)(2) of this section; (4) Maintain records of each notice received in accordance with paragraph (b)(2) of this section for a period of not less than 6 years; (5) Assign an identifying number to the notice prescribed in paragraph (b)(2) of this section; (6) Notify those persons giving notice as prescribed by § 806 of this title, of the names of participating operators to whom the notice will be transmitted as prescribed by paragraph (b)(3) of this section and approved notification center's identifying number assigned (pursuant to paragraph (b)(5) of this section) to the notice prescribed in paragraph (b)(2) of this section; (7) Provide a toll-free telephone number for use by any person providing notice as prescribed by §§ 803, 805 and 806 of this title; (8) Identify persons who normally engage in excavation activities in this State; (9) Notify the persons identified in paragraphs (b)(7) and (8) of this section and the general public as often as necessary to make them aware of:  a. The existence of the approved notification center; b. The purpose and general requirements of this chapter; c. How to learn the location of utility lines before excavation or demolition activities are begun; and d. The toll-free telephone number provided as required by paragraph (b)(7) of this section. (10) Promptly transmit to the appropriate contact of DNREC the information contained in the notice by excavators or designers of intended excavation or demolition activity as to any DNREC Regulated Site.62 Del. Laws, c. 148, §  2;  69 Del. Laws, c. 455, §  1;  72 Del. Laws, c. 323, §  3;  81 Del. Laws, c. 405, § 2;
26 DE Code § 808. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 8. Underground Utility Damage Prevention and Safety|Subchapter I. Underground Utility Damage Prevention and Safety Act|§ 808. Exemptions.

§ 808. Exemptions. No penalties provided for in § 810 of this title shall apply to any excavation or demolition done by the owner of a private residence when such excavation or demolition is made entirely on the land on which the private residence is situated and provided there is no encroachment on any operator's rights-of-way or easement. However, this exemption shall have no effect on the civil liability of such private residence owner pursuant to § 811 of this title. 69 Del. Laws, c. 455, §  1;
26 DE Code § 809. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 8. Underground Utility Damage Prevention and Safety|Subchapter I. Underground Utility Damage Prevention and Safety Act|§ 809. Injunction; mandamus.

§ 809. Injunction; mandamus. Whenever it appears that any person has engaged in, is engaging in or is about to engage in excavation or demolition in a manner contrary to safe practices, thereby posing a threat or potential threat, of injury or damage to life, limb or property, not necessarily limited to utility lines, or has otherwise violated, is about to violate or is violating any provision of this chapter, the Attorney General or any operator or owner of said utility line may institute an action for the purpose of having such excavation or demolition stopped or prevented, either by mandatory or prohibitive injunction, mandamus or for other relief including interim equitable relief and punitive damages, in a court of competent jurisdiction in the county in which the excavation or demolition has occurred, is occurring or is about to occur, or in which the defendant's or respondent's principal place of business is located. The procedure for all such proceedings shall be as provided in the rules of procedure in the court where said action is commenced or as established by the usual practice and procedure in said court. The court may join as parties any and all persons necessary to make its judgment or processes effective. 62 Del. Laws, c. 148, §  2;  69 Del. Laws, c. 455, §  1;
26 DE Code § 810. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 8. Underground Utility Damage Prevention and Safety|Subchapter I. Underground Utility Damage Prevention and Safety Act|§ 810. Penalties.

§ 810. Penalties. It is unlawful and a misdemeanor for any person to do any act forbidden, or fail to perform an act required by this chapter. (1) Except as provided in paragraph (2) of this section, whoever, by action or inaction, violates a provision of this chapter shall, for the first offense, be fined not less than $100 nor more than $500. For each subsequent like offense, such person shall be fined not less than $200 nor more than $1,000 for each violation. (2) Operators of underground pipeline facilities, excavators, and the approved notification center shall, upon violation of any applicable requirements of 49 C.F.R. part 198, Subpart C [49 C.F.R. § 198.31 et seq.], be subject to civil penalties not to exceed $10,000 for each violation for each day that the violation persists, except that the maximum civil penalty shall not exceed $500,000 for any related series of violations. In determining the amount of the fine, the court shall consider the nature, circumstances and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, any history of prior violations, the effect on ability to continue to do business, any good faith in attempting to achieve compliance, ability to pay the fine and such other matters as justice may require. (3) The Attorney General and the Public Service Commission shall review each notification of failure to perform an act required by this chapter or damage to facilities to determine any violations by operators, excavators or the notification center. Pursuant to that review, the Attorney General or the Public Service Commission may impose penalties appropriate to the circumstances and gravity of the violation according to the guidelines in paragraphs (1) and (2) of this section above. (4) Any civil penalty imposed pursuant to this subchapter shall not prevent any party from obtaining civil damages for personal injury or property damage in private actions.62 Del. Laws, c. 148, §  2;  69 Del. Laws, c. 455, §  1;  81 Del. Laws, c. 405, § 3;
26 DE Code § 811. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 8. Underground Utility Damage Prevention and Safety|Subchapter I. Underground Utility Damage Prevention and Safety Act|§ 811. Civil liability.

§ 811. Civil liability. (a) Obtaining information as required by this chapter does not excuse any person making any excavation or demolition from doing so in a careful and prudent manner, nor shall it excuse any person from liability for any damage or injury resulting from the excavation or demolition. (b) If the information required to be provided by operators pursuant to § 803 of this title is not provided in accordance with the terms thereof, any person damaging or injuring underground facilities of such operator shall not be liable for such damage or injury except on proof of negligence. (c) Failure by DNREC to notify or otherwise contact an excavator or designer prior to a properly noticed excavation or demolition at any DNREC Regulated Site shall not relieve such excavator or designer from complying with all applicable federal, state, county or municipal laws or regulations, nor shall it create any liability in DNREC for any damage or injury resulting from any such excavation or demolition. 62 Del. Laws, c. 148, §  2;  69 Del. Laws, c. 455, §  1;  72 Del. Laws, c. 323, §  4;
26 DE Code § 812. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 8. Underground Utility Damage Prevention and Safety|Subchapter I. Underground Utility Damage Prevention and Safety Act|§ 812. Conviction not admissible.

§ 812. Conviction not admissible. A conviction under this chapter, even when obtained pursuant to a guilty plea, shall not be admissible in any civil proceedings involving personal injury, wrongful death or property damage. 62 Del. Laws, c. 148, §  2;  69 Del. Laws, c. 455, §  1;
26 DE Code § 813. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 8. Underground Utility Damage Prevention and Safety|Subchapter I. Underground Utility Damage Prevention and Safety Act|§ 813. Effective date.

§ 813. Effective date. The effective date of this chapter shall be January 1, 1995. 69 Del. Laws, c. 455, §  1;
26 DE Code § 821. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 8. Underground Utility Damage Prevention and Safety|Subchapter II. Pipeline Safety Compliance Programs|§ 821. Intrastate pipelines.

§ 821. Intrastate pipelines. The Public Service Commission shall have the authority to make and enforce rules required by the federal Natural Gas Pipeline Safety Act of 1968, as amended (49 U.S.C. Chapter 601), to qualify for federal certification of a state pipeline safety compliance program under 49 U.S.C. § 60105(a), relating to the regulation of intrastate gas pipeline transportation. Such rules shall incorporate the safety standards and penalty provisions (including injunctive and monetary sanctions) established under the federal Natural Gas Pipeline Safety Act of 1968, as amended [49 U.S.C. § 60101 et seq.], that are applicable to intrastate gas pipeline transportation and will apply to underground pipeline facility operators, as defined under § 802(11) of this title. 76 Del. Laws, c. 393, §  1;
26 DE Code § 822. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 8. Underground Utility Damage Prevention and Safety|Subchapter II. Pipeline Safety Compliance Programs|§ 822. Interstate pipelines.

§ 822. Interstate pipelines. The Public Service Commission shall have the authority to enter into agreements with the Secretary of the United States Department of Transportation, pursuant to 49 U.S.C. § 60106(b), to participate in the oversight of interstate pipeline transportation. Such participation may include inspection and investigatory duties but shall not include the enforcement of safety standards for interstate pipeline facilities. 76 Del. Laws, c. 393, §  1;
26 DE Code § 901. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 9. Telegraph, Telephone and Electric Utility Corporations|Subchapter I. General Provisions|§ 901. Location of lines; eminent domain.

§ 901. Location of lines; eminent domain. (a) Any telegraph corporation, any telephone corporation or any corporation using lines or wires for the transmitting of electrical current, whether created by prior special act or organized under Chapter 1 of Title 8, may erect, construct and maintain its telegraph or telephone lines or its wires for transmitting electrical current and the necessary fixtures for the same through and across or under any of the canals and canal lands, rivers or other waters and also along any highways within the limits of this State, outside of highways within the limits of and maintained by incorporated cities and towns, subject to the approval or authority of the public authority having charge or control of such highways and also subject to the right of the owners of the fee on such highways and to the owners abutting upon such highways to full compensation to the extent that their property is taken or burdened. (b) Whenever any such corporation cannot agree with any such owner as to purchase or damages, the corporation may proceed for the condemnation of any such franchises, easements, canals, canal lands, rivers or other waters or highways or burdens imposed upon landowners abutting upon any highways whether owners of the fee in the bed of such highways or not in manner prescribed by Chapter 61 of Title 10. (c) All new extensions within a subdivision of electric distribution, telephone, and telegraph lines applied for after July 7, 1970 and necessary to furnish permanent service to new residential buildings in a subdivision having 5 or more building lots or to new multi-occupancy buildings, shall be placed underground, except in situations where the Public Service Commission of Delaware determines that the placing of such utility lines underground is not feasible from an economic, engineering or physical standpoint. Such extension of service shall be made by the utility in accordance with its rules and regulations which must be approved by the Delaware Public Service Commission. 22 Del. Laws, c. 394, §  105;  27 Del. Laws, c. 189;  Code 1915, §  2049;  33 Del. Laws, c. 106;  Code 1935, §  2193;  26 Del. C. 1953, §  901;  57 Del. Laws, c. 686.;