HOUSE BILL NO. 652
AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE TO GRANT TO TIIE PUBLIC SERVICE COMMISSION JURISDICTION AND AUTHORITY TO CONDUCT PROCEEDINGS AS PRESCRIBED BY THE FEDERAL TELECOMMUNICATIONS ACT OF 1996 WITHOUT STRICT ADHERENCE TO THE PROCEDURAL REQUIREMENTS SET FORTH IN TIIE PUBLIC UTILITIES ACT AND TIIE STATE ADMINISTRATIVE PROCEDURES ACT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Subchapter VII, § 703, Title 26, Delaware Code, by adding to said section a new subsection (4) to read as follows:
"(4) The Commission is authorized and empowered to take such actions, conduct such proceedings (including mediation, arbitration, and review of agreements and statements of terms and conditions), and enter such orders as permitted or required by a 'State commission' under the Telecommunications Act of 1996, Pub. L. 104-104. In exercising such authority and in the conduct of such proceedings, the Commission shall act in accord with the applicable provisions of the 'Telecommunications Act of 1996 and need not comply with the specific notice, hearing. and other procedural requirements set forth M this Chapter or in Chapter 101 of Title 29 of this Code or regulations heretofore promulgated by the Commission thereunder. The Commission may promulgate rules to govern the conduct of actions and proceedings undertaken to implement the federal law. Such promulgation shall occur pursuant to, and subject to the limitation of Section 101 13(b)(2) of Title 29 of this Code and shall be exempt from the requirements of subchapter III of Chapter II of said Title. The foregoing actions and proceedings may he conducted by the Commission or by a subordinate designated for such purpose."
Section 2. This amendment shall be effective upon enactment and shall apply to any proceeding then or thereafter before the Commission arising under the Telecommunications Act of 1996, Pub. L. 104-104.
Approved July 18, 1996