Public Service Commission/ETC/Designate, the official text

SPONSOR: Sen. Huxtable & Rep. Romer
                                                                        Sen. Wilson; Reps. Morrison, Snyder-Hall

                                                DELAWARE STATE SENATE
                                                153rd GENERAL ASSEMBLY

                                                SENATE BILL NO. 307

    AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO ELIGIBLE TELECOMMUNICATIONS
    CARRIERS FOR LIFELINE SERVICES.

    BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

1   Section 1. Amend § 202, Title 26 of the Delaware Code by making deletions as shown by strike through and

2 insertions as shown by underline as follows:

3   § 202. Limitations on jurisdiction of Commission.

4   (c)(1) The Commission shall have no jurisdiction over the operation of telephone service provided by cellular

5 technology or by domestic public land mobile radio service or over the rates to be charged for such service or over

6 property, property rights, equipment or facilities employed in such service.

7   (2) Notwithstanding paragraph (c)(1) of this section, the Commission may, upon application, designate any

8   provider or reseller of cellular or wireless telecommunications services as an eligible telecommunications carrier under

9   47 C.F.R. § 54.201 for the purpose of providing federal Lifeline services. The Commission may promulgate

10  regulations as necessary to implement this paragraph (c)(2).

11  Section 2. This Act takes effect immediately and is to be implemented the earlier of the following:

12  (1) 6 months from the date of the Act’s enactment.

13  (2) Notice by the Commission published in the Register of Regulations that final regulations to implement this Act

14 have been promulgated.

                                                                        SYNOPSIS

              This Act gives Delaware’s Public Service Commission (“Commission”) the authority to designate a
    telecommunications provider or reseller as an eligible telecommunications carrier (“ETC”) for the purpose of providing
    Lifeline services. Lifeline is a Federal Communications Commission (“FCC”) program that helps make phone and internet
    services more affordable for low-income consumers. Approximately 8,700 Delawareans participate in Lifeline.

              Currently, the determination of which telecommunications services companies can operate as Lifeline ETCs in
    Delaware is made by the FCC. This Act shifts that authority to the Commission, and in doing so, brings Delaware into line
    with nearly every other state in the nation. The reason for this nationwide trend is that in the past 15-20 years, the FCC has
    stopped taking action on approving ETCs for Lifeline on behalf of states. The FCC is not opposed to states stepping into
    this gap, but Delaware cannot do so absent statutory changes. By giving the Commission the authority to designate Lifeline
    ETCs, this Act will allow additional Lifeline providers to support this State’s residents. Because the FCC handles the
    administration and expenses of the program, there is no cost to the State as a result of taking on this authority.

              This Act takes effect immediately, but implementation is delayed to give the Commission time to amend its
    regulations to be consistent with this Act.

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                             Author: Senator Huxtable

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