26 Del. Admin. Code § 4005-2.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 4005-2.0 - Definition of Terms

2.1 Basic service shall mean those local exchange carrier telecommunications services:

(1) which are offered in the absence of services or products with the same or similar capabilities offered by another service provider;

(2) for which significant barriers exist impeding entry into the market;

(3) which are provided for the purpose of completing local telephone calls;

(4) which are for the purpose of providing access to the local exchange carrier's network; or

(5) which are purchased as necessary components for other providers of telecommunications services to offer, exclusive of stand-alone resale offerings, their telecommunications services. Unless and until the Commission shall determine otherwise pursuant to § 706 of this title, "basic services" shall include the following:

2.1.1 Residence, business, public and semipublic "dial tone line" services;

2.1.2 Residence, business and public "local usage services;"

2.1.3 "Switched access" services;

2.1.4 "Exchange access component of centrex" service;

2.1.5 "White pages listings; whether listed, non-listed or private;"

2.1.6 "Local directory assistance service;"

2.1.7 "Telecommunications relay service;"

2.1.8 "911 enhanced emergency system;"

2.1.9 "Direct inward dialing" for PBX trunks;

2.1.10 "Basic service elements;"

2.1.11 "TouchTone service;"

2.1.12 "ISDN service" and features;

2.1.13 "Basic rate interfaces;"

2.1.14 "Primary rate interfaces;"

2.1.15 Services categorized as "basic serving arrangements" except for "high capacity special services" (1.544mb and above); and

2.1.16 "Complementary network services" except as provided by a local exchange carrier to end users or for stand-alone resale.

The Commission may, after notice and hearing, classify other telecommunications services as basic services.

2.2 Discretionary services.

Services provided by a telecommunications service provider that are classified by the Commission neither as basic services nor as competitive services.

2.3 Competitive services.

Services may be classified as competitive if similar or substitute functions and features are offered and available from suppliers other than the electing telecommunications service provider within the relevant geographic areas in which the electing telecommunications service provider offers such services. The provision of services in this category may require the use of plant and/or other resources of the electing telecommunications service provider which are also used by the telecommunications service provider jointly or in common for purposes of producing and/or furnishing services classified as basic, discretionary, or competitive. For any service provided by a telecommunications service provider to be classified by the Commission as competitive, the Commission shall have determined that all of the market conditions set forth in Section 705(c) of the TTIA and Rule 4.1.3.1 exist with respect to such service. In addition, the Commission may consider any other factors it deems relevant and in the substantial public interest in making its determination regarding classification of a service as competitive, including, but not limited to, those factors enumerated in Rule 4.1.3.1. All competitive services shall be presumed to receive above-the-line regulatory treatment unless expressly assigned by the Commission to below-the-line treatment upon a finding, made pursuant to these Rules, that all of the criteria required for the transfer of a service or activity from above-the-line to below-the-line regulatory treatment have been satisfied.

2.4 Just and Reasonable Rates.

Pursuant to §706(a)(1) and (2), rates for basic and discretionary services must be just and reasonable. A just and reasonable rate for a basic service:

(a) shall be non-discriminatory;

(b) shall be based on the direct cost of providing the service; and

(c) may include a reasonable profit. A just and reasonable rate for a discretionary service:

(a) shall be non-discriminatory; and

(b) shall equal or exceed the incremental cost of providing such service.

2.5 Similar or substitute.

A service or product shall not be deemed to have similar or substitute capabilities as service provided by an electing telecommunications service provider, or to be a similar or a substitute service or product, unless:

(1) an unaffiliated provider is able to offer the alternative service or product in the relevant geographic area;

(2) the service or product is capable of providing comparable functions or benefits as the telecommunications service provider's service to which it is being compared; and

(3) customers are likely to perceive the services as similar or a substitute.

2.6 Present and viable.

The terms "present" and "viable" may be defined differently depending on the characteristics of the market for the service in question. Therefore, the Commission shall, on a case-by-case basis, determine the definitions of these terms.

2.7 Barriers to market entry.

Barriers to market entry may include any significant legal, regulatory, or economic factors that inhibit entry into the market, including, but not limited to, certification or franchise requirements, requirements for easements or rights-of-way, pre-qualification financial requirements, or exceptionally high start-up costs. The Commission shall, on a case-by-case basis, determine the definition of these terms.

2.8 Exogenous costs; unforeseen cost changes.

Costs that reflect an unforeseen change in the telecommunications service provider's costs of providing telecommunications services, which change occurs for reasons beyond the control of the electing telecommunications service provider. Such change may include, but not be limited to, legal or regulatory changes which affect such costs, the method of accounting for such costs, or taxes applicable to the service provider.

2.9 Day.

Any reference to a certain number of days shall be interpreted to mean calendar days unless otherwise noted.

2.10 Notice.

Unless otherwise specified, notice shall, at a minimum, consist of concurrent service of all documents required to be filed with the Commission on:

(a) the Public Advocate; and

(b) all interested persons that submit a written request to the Commission to provide such notice, pursuant to an appropriate proprietary agreement, to the extent that any such documents contain information claimed to be proprietary. To the extent such proprietary documents are filed, and interested persons have submitted a written request for notice but have not executed an appropriate proprietary agreement, the telecommunications service provider shall provide an expurgated version of the notice to such parties.

2.11 Newspaper notice.

Newspaper notice shall consist of publication of the required information, in a format and manner consistent with the provisions of 26 Del.C. § 102A.

2.12 Telecommunications Service Provider; Electing Telecommunications Service Provider.

A telecommunications service provider, otherwise subject to regulation by the Commission under Chapter I, Subchapter III of Title 26 of the Delaware Code Annotated, who elects in accordance with Section 704 of the TTIA, to be governed by the provisions of the TTIA.

2.13 Incremental cost.

Incremental Cost shall be defined as long run, forward-looking, incremental costs calculated in accordance with the principles, guidelines, and requirements set forth in Section 7.

2.14 Service.

As used herein, the term "service" shall include any discrete, identifiable telecommunications service, specifically delineated as such in the telecommunications service provider's tariff and/or price lists, and/or legally classified as a competitive service, or determined by Order of the Commission to be specifically delineated in such tariff and/or price lists, in accordance with the TTIA and these rules.

26 Del. Admin. Code § 4005-2.0

23 DE Reg. 1048 (6/1/2020) (final)