CHAPTER 342

FORMERLY

SENATE BILL NO. 526

AN ACT TO AMEND SUBCHAPTERS 1 AND 2, TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES TO FURTHER DEFINE THE TERM "PUBLIC UTILITY" AND THE JURISDICTION OF THE PUBLIC SERVICE COMMISSION WITH RESPECT TO DOMESTIC PUBLIC LAND MOBILE RADIO SERVICE PROVIDED BY CELLULAR TECHNOLOGY.

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

Section 1. Amend §102(2), Subchapter 1, Title 26 of the Delaware Code by inserting, following the phrase "domestic public land mobile radio service" and before the phrase, "telegraph or heating oil..." a qualifying phrase as follows:

"but excluding such service provided by cellular technology".

Section 2. Amend §202, Subchapter 2, Title 26 of the Delaware Code by striking the title and Inserting in lieu thereof the following new title:

"§202 LIMITATIONS ON THE JURISDICTION OF THE COMMISSION".

Section 3. Amend §202, Subchapter 2, Title 26 of the Delaware Code by adding a new subsection (c), to read as follows:

"(c) The Commission shall have no jurisdiction over the operation of domestic public land mobile radio service provided by cellular technology service or over the rates to be charged for such service or over property, property rights, equipment or facilities employed in such service.".

Section 4. This Act shall become effective upon its enactment into law.

Approved July 2, 1984.