This regulation applies to the rates, terms, and conditions for any attachment to poles, ducts, conduits, rights-of-way, or other similar facilities owned or controlled by any public utility.
This regulation specifically does not apply to attachments by a governmental agency insofar as it is acting on behalf of the public health, safety, or welfare in the performance of traditionally governmental functions, but does apply to common use by such agencies or their instrumentalities if the use is to provide any service other than those traditionally provided by governmental agencies.
26 Del. Admin. Code § 1004-4.0