Delaware Code Title 26. Public Utilities § 703. Commission authority

(1) In a competitive marketplace, some utility regulation may be necessary in protecting the public interest.  However, where competition helps promote efficiency in the use of resources, deployment of technology or fosters productivity and innovation, such competition shall be authorized and encouraged by the Commission.

(2) Where competitive market pressures are inadequate for regulation of price, as well as availability and terms of service for particular telecommunications services, the Commission is authorized and encouraged to develop and implement alternate methods of regulation which will encourage the providers of such services to take advantage of technological advances and efficiencies.

(3) The Commission is authorized and encouraged to respond to the changing technology and structure of the telecommunications industry by modifying its regulation of telecommunications services where such modifications will foster the universal availability of basic telecommunications services;  protect the public interest;  promote efficiency in public and private resource allocation or encourage economic development.  Such authorized modifications include, but are not limited to, such regulatory features as:  Incentive regulation, earnings sharing, categorization of services for the purposes of pricing, price caps, price indexing, ranges of authorized returns, detariffing and deregulation.  In conjunction with alternative methods of regulation, the Commission is encouraged to consider appropriate safeguards to:

The Commission is specifically authorized to depart from rate base, rate of return regulation.

(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. 1  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 in this chapter or in Chapter 101 of Title 29 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, § 10113(b)(2) of Title 29 and shall be exempt from the requirements of subchapter III of Chapter 11 of Title 29.  The foregoing actions and proceedings may be conducted by the Commission or by a subordinate designated for such purpose.