Title 26, Public Utilities

§ 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 an…

§ 606. Termination of franchise for failing to comply with its terms. A franchise granted pursuant to the terms of this subchapter may be revoked or terminated in whole or in part but only for failure of the franchisee to comply with the terms of the franchise, and only if the fo…

§ 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 t…

§ 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 …

§ 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…

§ 610. Payments to Commission. (a) The Commission is authorized to bill to and collect the cost of regulation of Cable Television Systems, as a franchise fee from every Commission regulated franchisee. Such billing and collection shall be accomplished in the following manner: (1)…

§ 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 o…

§ 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,…

§ 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…

§ 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 ha…

§ 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 …

§ 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 regu…

§ 701. Short title. This subchapter shall be known and referred to as the “Telecommunications Regulatory Authorization Act of 1992.”68 Del. Laws, c. 258, § 1;

§ 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 S…

§ 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, wher…

§ 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 e…

§ 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…

§ 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 mandato…

§ 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 Comm…

§ 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 exc…

§ 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…

§ 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 regulat…

§ 711. Plan for technological investment and deployment. Repealed by 76 Del. Laws, c. 272, § 23, eff. June 30, 2008.

§ 715. Short title [Expires Dec. 31, 2035, pursuant to 85 Del. Laws, c. 363, § 2]. This subchapter shall be known and may be cited as the “Load Forecast Accountability Act.” 85 Del. Laws, c. 363, § 1;

§ 716. Legislative findings and purpose [Expires Dec. 31, 2035, pursuant to 85 Del. Laws, c. 363, § 2]. (a) The General Assembly finds and declares as follows: (1) Recent reports by PJM Interconnection, L.L.C. (PJM), have highlighted that electricity demand across the PJM footpri…

§ 717. Oversight of load forecasting [Expires Dec. 31, 2035, pursuant to 85 Del. Laws, c. 363, § 2]. (a) The Delaware Public Service Commission (Commission) shall initiate a proceeding to investigate the methodologies, data, and assumptions used by Commission-regulated electric d…

§ 718. Access to confidential contracts [Expires Dec. 31, 2035, pursuant to 85 Del. Laws, c. 363, § 2]. (a) In carrying out its responsibilities under this subchapter, the Delaware Public Service Commission (Commission) shall have authority to review and access any contracts, agr…

§ 719. Annual reporting [Expires Dec. 31, 2035, pursuant to 85 Del. Laws, c. 363, § 2]. (a) The Delaware Public Service Commission (Commission) shall submit a written report to the General Assembly no later than May 1 of each year on its progress in implementing this subchapter. …

§§ 301-320. Formation of railroad corporation; articles of association; approval of articles; filing and recording; powers of railroad corporations; preliminary requisites to incorporation; capital stock; deposit with State Treasurer; affidavit of payment; fees and taxes; presump…

§§ 501-520. Definitions; formation of railroad corporation; articles of association; approval of articles; filing and recording; powers of railroad corporations; preliminary requisites to incorporation; capital stock; deposit with State Treasurer; affidavit of payment; fees and t…

§§ 701-709. Regulation of ticket agents; penalties; redemption of unused tickets; assigning places to customers; equal accommodations; erection and maintenance of telegraph and telephone lines by railroad or railway; fences and cattle guards; liability for damages; trespass with …

§ 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 p…

§ 802. Definitions. As used in this chapter, unless the context otherwise requires: (1) “Abandoned” means no longer in service or use and physically disconnected from a facility. (2) “Approved notification center” means the communication system established within this State pursu…

§ 803. Duties of facility owners and facility operators. It shall be the duty of each facility owner or facility operator: (1) To participate in the approved notification center. (2) To give written notice to such approved notification center which shall state all of the followin…

§ 804. Additional duties of facility owners and facility operators who are also underground pipeline facility operators. It shall be the duty of each underground pipeline facility owner or facility operator to: (1) Participate in the approved notification center. (2) Provide as f…

§ 805. Duties of designers. It shall be the duty of each designer: (1) To contact the approved notification center and obtain the identity of facility owners or facility operators whose facilities are listed, as required by § 803 of this title, in the area of the proposed excavat…

§ 806. Duties of excavators. (a) Prior to undertaking any excavation or demolition activities, it shall be the duty of each excavator to: (1) Ascertain the contact information of the approved notification center. (2) Notify the approved notification center not less than 3 busines…

§ 807. Approved notification center. (a) Utilities Service Protection Center of Delmarva, Inc. (USPCD) shall provide for the approved notification center. (b) The approved notification center shall: (1) Receive and record information prescribed by § 803 of this title regarding th…

§ 808. Exemptions. (a) 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 the…

§ 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, …

§ 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 may, for th…

§ 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 ex…

§ 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;

§ 813. Effective date. The effective date of this chapter shall be January 1, 1995.69 Del. Laws, c. 455, § 1; 26 Del. C., § 813; 85 Del. Laws, c. 345, § 1;

§ 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 compl…

§ 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 transportati…