CHAPTER 29

FORMERLY

SENATE BILL NO. 53

AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO THE JURISDICTION OF THE PUBLIC SERVICE COMMISSION OVER VOICE OVER INTERNET PROTOCOL COMMUNICATIONS SERVICE.

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

Section 1. Amend Section 202 of Title 26 of the Delaware Code by adding a new subsection (i) to read as follows:

“(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) herein, 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: (i) enables real-time two-way voice communications that originate or terminate from the user’s location in Internet protocol or any successor protocol; and (ii) utilizes a broadband connection from the user’s location.

(3) Nothing herein shall be construed to either mandate or prohibit the assessment of Enhanced 911 fees pursuant to Chapter 101 of Title 16 of the Delaware Code 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.”

Approved May 23, 2007