Technology (Telecommunications)

This Act gives Delaware’s Public Service Commission (“Commission”) the authority to designate a telecommunications provider or reseller as an eligible telecommunications carrier (“ETC”) for the purpose of providing Lifeline services. Lifeline is a Federal Communications Commission (“FCC”) program that helps make phone and internet services more affordable for low-income consumers. Approximately 8,700 Delawareans participate in Lifeline. Currently, the determination of which telecommunications services companies can operate as Lifeline ETCs in Delaware is made by the FCC. This Act shifts that authority to the Commission, and in doing so, brings Delaware into line with nearly every other state in the nation. The reason for this nationwide trend is that in the past 15-20 years, the FCC has stopped taking action on approving ETCs for Lifeline on behalf of states. The FCC is not opposed to states stepping into this gap, but Delaware cannot do so absent statutory changes. By giving the Commission the authority to designate Lifeline ETCs, this Act will allow additional Lifeline providers to support this State’s residents. Because the FCC handles the administration and expenses of the program, there is no cost to the State as a result of taking on this authority. This Act takes effect immediately, but implementation is delayed to give the Commission time to amend its regulations to be consistent with this Act.

This Act broadens the scope of a special fund administered by the Office of the Deaf and Hard of Hearing that provides telecommunications assistance to Delaware residents who have deafness, hearing loss, or speech disabilities related to deafness or hearing loss. This Act authorizes the office to provide residents with assistive devices that facilitate communication or provide users with information pertaining to emergencies. It also authorizes the Office to employ individuals to administer the program, provide education, and manage program resources. This Act adds restrictions on how money in the Fund may be spent and requires a three-month reserve be maintained to ensure financial solvency of the Fund. This Act also requires the Office of the Deaf and Hard of Hearing to file an annual report with the Governor, the Chief Clerk of the House, and the Secretary of the Senate concerning the performance of the fund in the previous fiscal year.