Read the full stored bill text
Legislation Document
SPONSOR:
Sen. Walsh & Rep. Osienski
Rep. Berry
DELAWARE STATE SENATE
153rd GENERAL ASSEMBLY
SENATE BILL NO. 288
AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES, IN RELATION TO THE RESILIENCY, PUBLIC SAFETY, AND QUALITY OF BROADBAND NETWORKS AND VOICE OVER INTERNET PROTOCOL (VOIP) SERVICE.
WHEREAS, the General Assembly finds and declares that access to reliable, high-speed broadband is essential to participation in the economy, education, and civic life; and
WHEREAS, closing gaps in broadband availability requires not only deployment and affordability but also ensuring that broadband networks are resilient, of high quality, and support public safety; and
WHEREAS, because Voice over Internet Protocol (VoIP) has replaced traditional copper-based voice service for much of the population, ensuring the reliability of such services is in the public interest and critical to emergency communications; and
WHEREAS, state regulators require clear statutory authority to enforce oversight of broadband and VoIP services to protect consumers, ensure reliability, and support the state’s goal of universal, high-quality, and affordable access.
NOW, THEREFORE:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend §202, Subchapter II, Chapter 1, Title 26 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§202. Limitations on jurisdiction of Commission.
(i)
(1) Notwithstanding any other provision of law to the contrary, the Commission shall have no jurisdiction or regulatory authority over Voice over Internet Protocol (“VoIP”) service, as defined in paragraph (i)(2) of this section, or IP-enabled service, as defined in paragraph (i)(3) of this section, including but not limited to, the imposition of regulatory fees, certification requirements, rates, terms or other conditions of service.
(2) “Voice over Internet Protocol service” or “VoIP service” means any service that:
a. Enables real-time 2-way voice communications that originate or terminate from the user’s location in Internet protocol or any successor protocol; and
b. Utilizes a broadband connection from the user’s location.
(3) “Internet protocol-enabled service” or “IP-enabled service” means a service, capability, functionality or application provided using Internet protocol, or any successor protocol, that enables an end user to send or receive a communication in Internet protocol format or any successor format, regardless of whether the communication is voice, data or video.
(4)
Nothing herein shall be construed to either mandate or prohibit the assessment of Enhanced 911 fees pursuant to Chapter 101 of Title 16 on VoIP service, or to mandate or prohibit the payment of any switched network access rates or other intercarrier compensation rates that may be determined to apply.
Section 2. Amend Subchapter II, Chapter 1, Title 26 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 226. Oversight of Broadband and Voice over Internet Protocol (VoIP) Services.
(a) This section shall be known and may be cited as the “Broadband Resiliency, Public Safety, and Quality Act.”
(b) Definitions. For the purposes of this section:
(1) “Broadband service” means a mass-market retail service that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including any capabilities incidental to and necessary for the operation of the communications service, but not including dial-up service.
(2) “Internet service provider” means any person, corporation, or other entity authorized to do business in this State that provides any individuals, corporations, or other entities with broadband service.
(3) “Voice over Internet Protocol (VoIP)” means an interconnected service that enables real-time, two-way voice communications, requires a broadband connection and IP-compatible equipment, and permits users to receive and terminate calls to the public switched telephone network.
(c) Commission Authority. The Delaware Public Service Commission (“Commission”) shall have authority to exercise oversight regarding the resiliency, reliability, and public safety of broadband service and VoIP networks operating in this State. Nothing in this section shall be construed to regulate the content or rates of broadband service in a manner preempted by federal law.
(d) Rulemaking and Standards. The Commission shall promulgate regulations necessary to ensure the resiliency, safety, and quality of broadband service and VoIP networks, including:
(1) Network Resiliency. The Commission shall establish standards to ensure the resiliency and reliability of broadband and VoIP infrastructure. Internet service providers shall report network reliability, outage incidents, and recovery plans.
(2) Public Safety. Internet service providers must maintain networks in a safe condition to ensure continued operation of communications systems during emergencies, including power backup and emergency restoration plans.
(3) Copper Legacy Network Maintenance. Any broadband service or telecommunications provider that owns or maintains copper-based network infrastructure within the State shall be responsible for keeping such facilities in a safe, structurally sound, and properly maintained condition. Each provider shall ensure that poles, lines, terminals, and related equipment are not left in a state of disrepair that endangers public safety, obstructs other utility operations, or creates hazards for workers or the general public. The Commission shall establish inspection and reporting requirements to ensure compliance and may order repairs, removal, or remediation where deteriorated copper plant poses a safety or accessibility risk. This obligation applies to the physical network infrastructure itself, including idle or decommissioned facilities, until such facilities are safely removed or replaced with a functionally equivalent broadband network meeting state resiliency and safety standards.
(4) Data Collection. Each internet service provider shall submit semi-annual reports to the Commission containing comprehensive data concerning network deployment, reliability, pricing, outage incidents, recovery plans, and resiliency performance.
(e) Investigations and Enforcement. The Commission must, on an annual basis, investigate, audit, and inspect any broadband service or VoIP provider’s facilities to assess compliance with safety and resiliency requirements. If deficiencies are found, the Commission may order corrective actions or impose penalties consistent with this section.
(f) The Commission shall review and, where appropriate, investigate complaints to determine whether a reported issue presents a risk to public safety or violates applicable standards. The Commission may require corrective action by the provider and may publish periodic summaries of complaints and resolutions to promote transparency and accountability.
(g) Reporting. The Commission shall submit an annual report to the Governor, the General Assembly, and the Director and Librarian of the Division of Legislative Services, no later than March 31, summarizing the state of broadband and VoIP resiliency, emergency performance, and recommendations for improvement.
(h) Public Access and Complaint Procedures.
(1) The Commission shall establish and maintain a public reporting system to receive and document complaints regarding broadband service and Voice over Internet Protocol (VoIP) service quality, network outages, or unsafe conditions associated with communications infrastructure, including deteriorated or abandoned copper plant.
(2) The Commission shall require each broadband service and VoIP provider operating within the State to:
a. Provide on its website and on all customer billing statements clear contact information and procedures for customers to file complaints or report unsafe conditions directly to the provider; and
b. Post a link or reference to the Commission’s public complaint system, through which consumers and utility workers may report network reliability or safety concerns.
SYNOPSIS
This Act shall be known and may be cited as the “Broadband Resiliency, Public Safety, and Quality Act.”
This Act confers jurisdiction upon the Delaware Public Service Commission to exercise oversight related to the resiliency, reliability, and public safety of broadband service and Voice Over Internet Protocol (VoIP) networks operating in Delaware. The Act requires the Commission to promulgate regulations to effectuate its oversight authority. The Act grants the Commission the power to investigate, audit, and inspect any broadband service or VoIP provider’s facilities to assess compliance with safety and resiliency requirements. The Act also grants the Commission the power to order corrective actions or impose penalties consistent with Chapter 1 of Title 26, if deficiencies are found.
The Act requires the Commission to issue an annual report to the Governor, the General Assembly, and the Director and Librarian of the Division of Legislative Services, no later than March 31, summarizing the state of broadband and VoIP resiliency, emergency performance, and recommendations for improvement. The Act also requires the Commission to establish and maintain a public reporting system to receive and document complaints regarding broadband service and Voice over Internet Protocol (VoIP) service quality, network outages, or unsafe conditions associated with communications infrastructure, including deteriorated or abandoned copper plant. The Act also requires the Commission to review and, where appropriate, investigate complaints to determine whether a reported issue presents a risk to public safety or violates applicable standards. The Commission may then require corrective action by the provider and may publish periodic summaries of complaints and resolutions to promote transparency and accountability.
Author: Senator Walsh