26 Del. Admin. Code § 4001-A-1.0

Current through Register Vol. 28, No. 5, November 1, 2024
Section 4001-A-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.

26 Del. Admin. Code § 4001-A-1.0

18 DE Reg. 653 (2/1/2015)
23 DE Reg. 1045 (6/1/2020) (Final)