reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter V. Hearings and Appeals › § 506. Refusal to obey subpoena, answer question or produce documents; contempt.

§ 506. Refusal to obey subpoena, answer question or produce documents; contempt.
If a person subpoenaed to attend before the Commission, any member or examiner thereof, fails to obey the command of such subpoena without reasonable cause, or if a person in attendance before the Commission, any member or examiner thereof, refuses without lawful cause to be examined or to answer a legal or pertinent question, or to produce a book or paper when ordered to do so by the Commission, any member or examiner thereof, the Commission or any member thereof may apply to the Superior Court in and for the county where such hearing or investigation is being held or any Judge thereof in vacation, who shall have the power of the Court for such purpose, for an order returnable in not less than 2 nor more than 10 days, directing such person to show cause before the Court, or any Judge thereof in vacation, why such person should not comply with the subpoena or order of the Commission. Upon the return of such order, the Court or Judge before whom the matter comes on for hearing, shall examine under oath the persons whose testimony may be relevant, and such person shall be given an opportunity to be heard, and if the Court or Judge determines that the person refused without legal excuse to obey the command of such subpoena or to be examined, or to answer a legal or pertinent question, or to produce a book or paper which such person was ordered to produce, the Court or Judge may order such person to comply forthwith with the subpoena or order of the Commission, and any failure to obey such order of the Court or Judge may be punished by the Court or Judge as a contempt of the Superior Court.
47 Del. Laws, c. 254, §  9;  48 Del. Laws, c. 371, §  14;  26 Del. C. 1953, §  186;  59 Del. Laws, c. 397, §  1;  84 Del. Laws, c. 42, § 130;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter V. Hearings and Appeals › § 507. Privilege against self-incrimination.

§ 507. Privilege against self-incrimination.
No person shall be excused from testifying or producing any book, document or paper in any investigation or inquiry by or upon hearing before the Commission, or any member or examiner thereof, upon the ground that the testimony, evidence, book, document or paper required of such person may tend to incriminate such person or subject such person to penalty, or forfeiture, but no person shall be prosecuted, punished, or subjected to any penalty or forfeiture for or on account of any act, transaction, matter or thing concerning which such person shall, under oath, have testified or produced incriminating evidence. No person so testifying shall be exempt from prosecution or punishment for any perjury committed by such person in such person's testimony. Nothing contained in this section is intended to give, or shall be construed in any manner to give any corporation immunity of any kind.
47 Del. Laws, c. 254, §  10;  48 Del. Laws, c. 371, §  15;  26 Del. C. 1953, §  187;  59 Del. Laws, c. 397, §  1;  84 Del. Laws, c. 42, § 131;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter V. Hearings and Appeals › § 508. Depositions of witnesses.

§ 508. Depositions of witnesses.
The Commission, or any party to proceedings before the Commission, may cause the deposition of witnesses residing within or without this State to be taken in the same manner as prescribed by law or by rules of the Superior Court for taking depositions in civil actions.
47 Del. Laws, c. 254, §  11;  48 Del. Laws, c. 371, §  16;  26 Del. C. 1953, §  188;  59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter V. Hearings and Appeals › § 509. Effective date and service of orders.

§ 509. Effective date and service of orders.
(a) Every order made by the Commission shall be served upon the person or public utility affected thereby, within 10 days from the time the order is filed, by personally delivering or sending by certified mail a certified copy thereof to the person to be affected thereby, or in case of a public utility to any officer or agent thereof upon whom a summons may be served in accordance with the provisions of the law of this State, or to the person designated by such public utility to accept service as provided in this chapter. In any proceeding in which such person or public utility shall be represented by an attorney, service may be made upon such attorney of record.
(b) All orders of the Commission shall become effective within such reasonable time as it prescribes.
47 Del. Laws, c. 254, §  12;  48 Del. Laws, c. 371, §  18;  26 Del. C. 1953, §§  189, 190;  59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter V. Hearings and Appeals › § 510. Appeal from Commission's order.

§ 510. Appeal from Commission's order.
(a) Any public utility affected by any final order made by the Commission, or any other original party to or any intervenor in the proceedings before the Commission in which such order was entered and affected thereby, may appeal from such order to the Superior Court within 30 days from the date upon which such order is served. The appeal shall be filed with the Prothonotary of the Court and summons in the appeal shall be served upon the secretary of the Commission either personally or sent by certified mail to the office at Dover, Delaware, and shall be served upon all other parties to the proceeding below, other than the appellant.
(b) The appeal shall not be a trial de novo but shall be based upon the record before the Commission.
(c) The scope of review before the Court shall be that the Commission's findings shall be upheld if they are supported by sufficient evidence, free of error of law and not arbitrary or capricious. When factual issues are reviewed the Court shall take due account of the presumption of official regularity and the quasi-legislative function and specialized competence of the Commission.
47 Del. Laws, c. 254, §  15;  48 Del. Laws, c. 371, §  19;  26 Del. C. 1953, §  192;  59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter V. Hearings and Appeals › § 511. Stay pending appeal.

§ 511. Stay pending appeal.
The filing of an appeal from any order of the Commission shall in no case supersede or stay the order of the Commission, unless the Superior Court so directs, and the appellant may be required by the Court to give bond in such form and of such amount as the Court, allowing the stay, requires.
47 Del. Laws, c. 254, §  16;  26 Del. C. 1953, §  193;  59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter V. Hearings and Appeals › § 512. Settlements are to be encouraged.

§ 512. Settlements are to be encouraged.
(a) Insofar as practicable, the Commission shall encourage the resolution of matters brought before it through the use of stipulations and settlements.
(b) The Commission's staff may be an active participant in the resolution of such matters.
(c) The Commission may upon hearing approve the resolution of matters brought before it by stipulations or settlements whether or not such stipulations or settlements are agreed to or approved by all parties where the Commission finds such resolutions to be in the public interest.
70 Del. Laws, c. 48, §  8;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter VI. Regulation of Cable Television Systems › § 601. Cable television franchise; requirement therefor; authority to issue; application, notice and hearing requirements.

§ 601. Cable television franchise; requirement therefor; authority to issue; application, notice and hearing requirements.
(a) No person or entity shall hereafter commence the construction of, or operate a cable television system, in whole or in part within this State outside the boundaries of incorporated municipalities which on June 28, 1974, have the power either express or implied under their charters to grant franchises for a system, without first obtaining a franchise under this subchapter for such construction and operation.
(b) The Commission is hereby authorized to grant franchises for cable television systems to be constructed or operated in whole or in part within the State outside the boundaries of incorporated municipalities which on June 28, 1974, have the power either express or implied under their charters to grant franchises for a system. The procedure prescribed by this subchapter for granting franchises shall be followed by the Commission and all franchises shall comply with the requirements hereof.
(c) The Commission may not grant a franchise to a system without first giving at least 90 days' public notice of its intention to receive and consider applications for a franchise, and written notice to any person constructing or operating a system in any county in which the franchise is to be granted. The public and written notice shall specify the date and procedures for filing applications, and in general terms the geographic area and conditions of the proposed franchise.
(d) The Commission may not grant a franchise except upon written application therefor filed on or before the date specified in the public notice. All applications shall be accompanied by a certified check in the amount of the filing fee, if any, specified in the public notice. All applications shall be made available by the Commission for public inspection promptly following the filing thereof and no application once filed may be amended to make substantive changes in the proposals or qualifications of the applicant if more than 1 application has been filed for the same franchise territory.
59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter VI. Regulation of Cable Television Systems › § 603. Hearing and franchising procedures.

§ 603. Hearing and franchising procedures.
(a) Upon the filing of an application or applications as provided in this subchapter, the Commission shall fix the time and place for a public hearing thereon, and give at least 14 days' public notice of such hearing and written notice thereof to each applicant and to any person constructing or operating a system in any county in which a franchise is to be granted. At such hearing, any applicant or any member of the public desiring to be heard shall be heard.
(b) After such hearing the Commission may grant a franchise which shall state in writing its terms as specified in § 604 of this title; provided that, if such terms differ from those set forth in the successful applicant's application for a franchise, then that applicant must consent in writing to such terms before the franchise is effective. In determining whether and to whom to issue a franchise, the Commission may base its decision only on the application filed; the presentations made at public hearings by the applicant, by members of the public or by the staff of the Commission; the public need for the proposed franchise; and the likelihood that the applicant will fulfill the terms of the franchise giving consideration to the financial qualifications of the applicant, and the character of the applicant.
(c) The Commission simultaneously with the grant or denial of a franchise pursuant to this subchapter shall issue a written report setting forth the criteria upon which it based its selection or denial of the applicants for a franchise. The votes on the grant or denial of a franchise of each member of the Commission shall be recorded and made public.
59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter VI. Regulation of Cable Television Systems › § 605. Additional powers of the Commission.

§ 605. Additional powers of the Commission.
In addition to its powers to issue franchises, the Commission has the power and jurisdiction to do all of the following:
(1) Conduct such investigations as may be necessary to determine compliance by a franchisee with this subchapter and the terms of any franchise granted;
(2) Prescribe a nonrefundable application fee in sufficient amount, but no more, to meet the costs necessary for processing the franchise applications;
(3) Examine, upon reasonable written notice and during regular business hours, subscriber lists, repair records, service complaints, and facilities and interview management personnel of all franchisees or applicants for franchises for the purpose of verifying applications or compliance with the terms of a franchise and of this subchapter;
(4) Intervene as a party in any action, in any court of competent jurisdiction, relating to the grant or performance of any franchise;
(5) Modify the terms of any franchise upon good cause shown by the franchisee;
(6) Adopt such regulations as the Commission may find are necessary or appropriate to implement any federal regulations or legislation governing the provision of cable television service. Regulations adopted pursuant to this authority shall supersede any inconsistent:
a. Franchise provisions, or
b. Sections of this subchapter.
59 Del. Laws, c. 397, §  1;  69 Del. Laws, c. 141, §  1;  82 Del. Laws, c. 11, § 4;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter VI. Regulation of Cable Television Systems › § 607. Franchising of existing unfranchised cable television systems.

§ 607. Franchising of existing unfranchised cable television systems.
(a) Notwithstanding any other provisions of this chapter, the Commission shall issue a franchise to any person or entity operating or constructing prior to June 28, 1974, a system within this State outside of the boundaries of incorporated municipalities which on June 28, 1974, have the power either express or implied under their charters to grant franchises for a system. An application for such a franchise shall be filed within 90 days of June 28, 1974. The application shall be in the form prescribed in § 602 of this title.
(b) A franchise granted hereunder may be conditioned upon compliance by the franchisee with such requirements of the Federal Communications Commission as may be applicable to such an existing cable system within the time specified by the Federal Communications Commission for compliance by such an existing system.
(c) The terms of a franchise under this section shall be only the designation of the area franchised which shall be at least coextensive with any portion of the State in which the system is operating or under construction and the terms specified in paragraphs (3)-(17) of § 604 of this title provided that such terms do not require the franchisee to perform any act which would conflict in any way with any contract it may have on June 28, 1974, or to charge rates for services different than any rates now being charged for services or to diminish or increase any services provided or any areas served on the effective date hereof.
(d) Construction and operation of such systems may lawfully be continued pending the filing of such application, the issuance of a franchise, and the acceptance thereof by the applicant.
(e) If the franchise issued under this section is not accepted by the applicant within 60 days from the date of issuance, all construction and operating authority shall terminate, unless the Commission shall otherwise order.
59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter VI. Regulation of Cable Television Systems › § 608. Municipal franchises.

§ 608. Municipal franchises.
The Commission may review any franchise now or hereafter granted by incorporated municipalities of this State which, on June 28, 1974, have the power either express or implied under their charters to grant franchises for a system for the construction or operation of cable television systems within their boundaries, and whenever the public interest requires, change or modify such franchise or the conduct of the franchisee thereunder so that such franchise or such conduct complies with the provisions of this subchapter governing franchises granted by the Commission. If such a municipality refuses to grant a franchise and the Commission finds that such refusal is not in the public interest, the Commission may award a franchise under this subchapter.
59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter VI. Regulation of Cable Television Systems › § 609. Transfer of franchise or control of franchise.

§ 609. Transfer of franchise or control of franchise.
(a) No franchise shall be transferred, otherwise than by operation of law, or assigned to a person or entity without prior approval of the Commission.
(b) No transfer of legal control of a franchise to a person or entity not a party to the original franchise application shall be made without prior approval of the Commission.
(c) Applications for approval of transfer or assignments must be made in writing and shall contain such information about the transferee or assignee as would be required about an applicant in an application for a franchise under § 602 of this title.
(d) Approval of applications for transfers and assignments shall be granted, unless after hearing, which shall not otherwise be required, the Commission shall find that service to subscribers of the franchise would be affected adversely. Any denials under this section shall be accompanied by a report of the Commission in writing setting forth in detail the facts upon which the denial is based.
(e) This section shall not apply to or restrict transfers or assignments between parent and subsidiary corporations or between entities of which at least 50% of the beneficial ownership is held by the same persons or entities.
59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter VI. Regulation of Cable Television Systems › § 611. Certificate of compliance.

§ 611. Certificate of compliance.
(a) Upon substantial completion of construction and when service is available in a substantial portion of the franchised territory, the franchisee shall certify to the Commission that:
(1) The cable television system has been constructed and is operating in full compliance with technical performance standards as prescribed by the Federal Communications Commission;
(2) That all services required to be furnished under the rules and regulations of that Commission are being furnished, or, if not, the date upon which such services will be available, and that all services comply with all applicable rules and regulations of the Commission; and
(3) That the system and services comply in all respects with the provisions of the franchise and this subchapter.
(b) In the event such certification cannot be made, temporary waiver of the requirements of any provision of the franchise or of this subchapter shall be granted by the Commission to a date specified on a showing of good cause.
59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter VI. Regulation of Cable Television Systems › § 612. Occupancy of public ways.

§ 612. Occupancy of public ways.
All cable systems holding a franchise granted under this chapter or by a municipality having the power either express or implied under its charter to grant a franchise to a system shall have the right to occupy the public highways, streets, roads, alleys, turnpikes and waterways within this State, provided that within incorporated municipalities, they shall have received permission to do so from the municipality, and without incorporated municipalities, they shall have complied with such written regulations established by the Department of Transportation for the occupancy and use of such public ways by telephone corporations and such occupancy and use will not unduly interfere with preexisting use of such public ways by any public utility.
59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter VI. Regulation of Cable Television Systems › § 613. Acquisition by franchisees of easements.

§ 613. Acquisition by franchisees of easements.
Any franchisee may acquire an easement across, in or on public or private lands or waterways in this State which already have thereon or therein poles, wires, conduits, pipes, cables or other such facilities owned or maintained by a public utility, for the purpose of erecting, constructing, maintaining or operating any facilities to provide cable television or communications service to the public, including poles, wires, cables, guides, conduits and apparatus, which can be installed in the same manner, above or below ground, as the public utility facilities already on or in the property, by a taking in accordance with Chapter 61 of Title 10 which provides a method of fixing fair compensation if the easement should impose any additional burden on the property interest of the utilities or any other concern or person.
59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter VI. Regulation of Cable Television Systems › § 614. Criminal penalties.

§ 614. Criminal penalties.
(a) Any applicant for a cable television franchise, or any franchisee who knowingly makes any false statement in any application, or in support thereof, or who knowingly falsifies any records required by this subchapter to be kept, shall be deemed to have committed a misdemeanor.
(b) Any person who knowingly attaches or causes to be attached to any cable system television receiving devices without the consent in writing of the cable system shall be deemed to have committed a misdemeanor.
(c) The Superior Court may impose a fine not to exceed $2,000 for each act which constitutes a misdemeanor under this section.
59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter VI. Regulation of Cable Television Systems › § 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 act or failure to act complained of, a complaint in the Court of Chancery. In such proceedings, the jurisdiction of the Court of Chancery shall be limited to determining whether or not the Commission has complied with this subchapter, and, upon a finding that the Commission has not complied with the subchapter, to entering such order, including one for the payment of damages, as it deems appropriate.
(b) Except where a franchise is to be terminated, where the procedures of § 606 of this title apply, whenever any person shall fail to comply with this subchapter, or with any order or directive of the Commission made in compliance with this subchapter, the Commission may file a complaint in the Court of Chancery seeking such relief as is appropriate to compel compliance.
59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter VI. Regulation of Cable Television Systems › § 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 shall be null and void. This chapter is intended to preempt any county franchising or regulation of cable television or communication systems.
59 Del. Laws, c. 397, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter VII. Telecommunications Regulation Modernization › § 702. Findings of public policy.

§ 702. Findings of public policy.
With respect to the provision of telecommunications services in Delaware, it is the policy of this State that:
(1) Basic telecommunications services shall be universally available at affordable prices.
(2) To foster economic development in this State, responsible and reasonable investment in and development of telecommunications systems employing advanced technology shall be encouraged as an integral part of the State's infrastructure.
(3) The availability of customer choices among a continuously developing variety of telecommunications services shall be encouraged.
(4) The growth of competitive markets for the provision of telecommunications services shall be encouraged and, where they exist or develop in the future, the availability, price, terms of service and quality should be determined by such competitive markets.
68 Del. Laws, c. 258, §  1;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter VII-A. Telecommunications Technology Investment Act › § 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 prices for its telecommunications services pursuant to this subchapter. Upon the filing of written notice to the Commission of such an election or reelection, subchapters II and III of this chapter shall no longer apply except as specifically provided hereinafter and, in lieu thereof, this subchapter shall govern.
(b) An election by a service provider to be governed by this subchapter shall be effective for a term of not less than 3 years and shall automatically be extended for additional 3-year terms except as described below. Not less than 1 year prior to the expiration of any term, the service provider shall notify the Commission if it no longer wishes to be governed by this subchapter. Upon receipt of such notification, the Commission shall commence an open and public proceeding to determine what appropriate form of regulation should be applied to such provider under § 703 of this title. The Commission shall conclude any such proceeding by final order within 12 months from the filing of such notification and, in making its determination, the Commission shall give appropriate consideration to the form of regulation, if any, then applicable to competitors of such service provider.
(c) (1) Nothing in this subchapter shall be construed to affect the rights, duties or obligations of telecommunications carriers, including those carriers who are parties to interconnection agreements approved by the Commission on or before January 1, 2008, set forth in §§ 251-252 of the federal Telecommunications Act, 47 U.S.C. § 251-252, including but not limited to, the duty to negotiate interconnection agreements, to provide interconnection, to provide access to unbundled network elements, and to provide resale, nor shall anything in this subchapter affect the exercise of authority assigned to the Commission by §§ 251-252 of the federal Telecommunications Act, 47 U.S.C. 251-252, including but not limited to the authority to arbitrate and approve interconnection agreements.
(2) Nothing in this subchapter shall be construed to affect the applicability or enforcement of the provisions of Chapter 100 of Title 16 (“911—Enhanced Emergency Number Service”) or the applicability or enforcement of the provisions of Chapter 101 of Title 16 (“Enhanced 911 Emergency Reporting System Fund”).
69 Del. Laws, c. 99, §  2;  76 Del. Laws, c. 272, §§  1-7;  79 Del. Laws, c. 53, §  1;  82 Del. Laws, c. 11, § 5;
2023 Delaware Code › Title 26 - Public Utilities › Chapter 1. PUBLIC SERVICE COMMISSION › Subchapter VII-A. Telecommunications Technology Investment Act › § 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, §  1;  76 Del. Laws, c. 272, §§  8, 9;  79 Del. Laws, c. 53, §  1;  82 Del. Laws, c. 11, § 6;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;