26 Del. Admin. Code § 4005-4.0

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

Section 4005-4.0 - Service classification and reclassification

Telecommunications services will be regulated in accordance with the provisions of §§ 705-709 of the TTIA and shall each be classified or reclassified as specified below.

4.1 Classification of new services.

Services shall be classified according to the specifications set forth below. Phrases used to identify specific services within the foregoing classifications shall be given meanings commonly ascribed to them in proceedings before the Commission. If the Commission determines that any of such phrases have uncertain meaning, the Commission shall, by order after duly noticed hearing, adopt an appropriate definition.

4.1.1 Basic services.

An electing telecommunications service provider shall file with the Commission tariffs setting forth therein rates, terms, and conditions for all basic services.

4.1.1.1 Basic services test. Any new service or any existing service for which reclassification has been proposed pursuant to Section 5.0, which exhibits any one or more of the following characteristics shall be classified as a basic service:

(a) the service is offered in the absence of services or products with similar or substitute capabilities (as defined in Rule 2.5) offered by another service provider not affiliated with the telecommunications service provider;

(b) it is a service for which significant barriers exist that impede entry into the market;

(c) it is a service provided for the purpose of completing local telephone calls;

(d) the service provides access to a local exchange carrier's network; or (5) the service is purchased as a necessary component, feature, or function for other providers of telecommunications services in order to offer (exclusive of stand-alone resale offerings) their telecommunications services.

4.1.1.2 Initial list of basic services.

Unless and until the Commission shall determine otherwise, basic services shall include all of the following services:

4.1.1.2.1 residence, business, public and semi-public dial tone line services;

4.1.1.2.2 residence, business, and public local usage services;

4.1.1.2.3 switched access services;

4.1.1.2.4 exchange access component of Centrex service;

4.1.1.2.5 white page listings (whether listed, non-listed, or private);

4.1.1.2.6 local directory assistance services;

4.1.1.2.7 telecommunications relay service;

4.1.1.2.8 911 enhanced emergency system;

4.1.1.2.9 direct inward dialing for PBX trunks;

4.1.1.2.10 basic service elements;

4.1.1.2.11 TouchTone service;

4.1.1.2.12 ISDN service and features;

4.1.1.2.13 basic rate interfaces;

4.1.1.2.14 primary rate interfaces;

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

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

4.1.1.3 Other services.

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

4.1.2 Discretionary services.

The telecommunications service provider shall file with the Commission a price list for all discretionary services. A full description of all terms and conditions for all discretionary services shall be provided to the Commission.

4.1.2.1 Discretionary services test.

"Discretionary services" shall mean those telecommunications services that the Commission determines to be neither "basic services" nor "competitive services."

4.1.3 Competitive services. The telecommunications service provider shall provide to the Commission a price list accompanied by a full description of terms and conditions for all competitive services. Such price list shall be made available for public inspection at the offices of the Commission. Competitive services shall be classified consistent with the following requirements.

4.1.3.1 Competitive services test.

In order for any existing or new service provided by a telecommunications service provider to be classified as competitive, the following market conditions must exist with respect to such service:

(1) similar or substitute services or products, as defined in Rule 2.5., are offered and generally available within the relevant geographic area from at least one unaffiliated provider;

(2) there is at least one unaffiliated provider that is present and viable, as determined by the Commission; and

(3) there are no significant barriers to market entry, as defined in Rule 2.7.

4.1.3.2 Other competitive service measures.

The Commission may also consider any other factors it deems relevant and in the substantial public interest in making determinations regarding the classification of services as competitive.

26 Del. Admin. Code § 4005-4.0

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