26 Del. Admin. Code § 4005-5.0

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

Section 4005-5.0 - Service Reclassification

Reclassification of existing services may occur as specified below subject to the requirement that no service may be reclassified by the Commission less than twelve (12) months after an initial election by a telecommunications service provider made pursuant to Section 704(a) of the Act.

5.1 Petitions to reclassify a service.

A telecommunications service provider, the Public Advocate, or any party may file a petition with the Commission to reclassify a service. The Commission may also undertake such activity on its own motion. Any party, including the Commission's Staff, proposing any such reclassification shall have the burden of supporting its proposal, except with respect to the reclassification of a competitive service, in which case the telecommunications service provider shall bear the burden of demonstrating that said service continues to be a competitive service.

5.2 Petition filing requirements.

Any petition for reclassification of a service made by any party must include, at a minimum, the following information:

5.2.1 a description of the service to be reclassified;

5.2.2 the present category in which the service is classified;

5.2.3 the present and, if appropriate, the proposed rates of the service; and

5.2.4 a showing that the subject service meets all tests and requirements of the category into which it has been proposed to be classified.

5.3 Notice requirements.

Any petition for reclassification shall be filed by the petitioning party concurrently with the Commission and the telecommunications service provider, no less than thirty (30) days prior to the proposed implementation date for the reclassified service. The petitioning party shall publish newspaper notice pursuant to Rule 2.11. Such notice shall specifically describe the proposed filing and the effect of Commission approval of such filing, and shall state that written comments may be filed with the Commission for its consideration. In addition, the petitioning party shall serve a copy of the petition for reclassification on all interexchange telecommunications carriers and service providers who have submitted a written request for such notice with the petitioning party and the Commission and on the Division of the Public Advocate.

5.4 Opportunity for comment by interested parties. Interested persons may file comments with the Commission regarding any petition for reclassification and may also request that the Commission hold an evidentiary hearing on such petition. Comments shall be due twenty (20) days following the date of publication of newspaper notice. The Commission may, for good cause shown, extend the comment period for a specific petition. However, the Commission shall issue a final order on a petition to reclassify a service within one hundred twenty (120) days after the petition date.

5.5 Rates for reclassified services.

Where the Commission has reclassified a service as a Basic service or a Discretionary service, the Commission may determine whether the current rate is just and reasonable.

26 Del. Admin. Code § 4005-5.0

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