An Act To Amend Title 26 Of The Delaware Code Relating To Public Utilities, In Relation To The Resiliency, Public Safety, And Quality Of Broadband Networks And Voice Over Internet Protocol (voip) Service.
SB 288 would expand Delaware Public Service Commission oversight over broadband and Voice over Internet Protocol (VoIP) services, while also clarifying that the Commission has no general jurisdiction over VoIP or IP-enabled services for matters such as fees, certification, rates, terms, or other service conditions. The bill creates a new statutory framework called the Broadband Resiliency, Public Safety, and Quality Act, directing the Commission to regulate the resiliency, reliability, safety, and quality of broadband and VoIP networks operating in the state.
Under the bill, internet service providers and VoIP providers would be subject to new reporting, inspection, complaint-handling, and emergency-preparedness requirements. The Commission would have authority to adopt regulations, require semi-annual data submissions, investigate and inspect facilities annually, order corrective action or penalties for deficiencies, and issue an annual report to state leaders. The bill also specifically addresses copper legacy infrastructure, requiring providers that own or maintain copper-based network facilities to keep them safe and properly maintained until removed or replaced.
The bill would amend Title 26 of the Delaware Code by adding a new section governing broadband and VoIP oversight and by revising the Commission’s jurisdictional limits. It would give the Delaware Public Service Commission explicit authority to oversee network resiliency and public safety, but it would also preserve federal preemption limits by stating that the Commission may not regulate broadband content or rates where federal law bars it. Providers would face new obligations related to maintenance of copper plant, outage and reliability reporting, emergency restoration planning, public complaint access, and compliance inspections.
The bill appears generally supportive of stronger oversight and consumer protection, with the stated purpose of improving broadband reliability, emergency communications, and public safety. The findings and synopsis frame the measure as a response to the importance of broadband access and the need for clearer state authority over network quality and resilience. No committee transcript or vote history was provided, so there is no recorded legislative debate or roll-call sentiment to indicate opposition or support beyond the bill’s pro-regulatory framing.
The main potential point of contention is the scope of state regulatory authority over broadband and VoIP providers. The bill seeks to avoid direct regulation of rates or content, but it still authorizes inspections, reporting mandates, penalties, and maintenance requirements that providers may view as burdensome or overlapping with federal oversight. Another likely issue is the copper legacy network provision, which imposes affirmative maintenance and remediation duties on providers with older infrastructure, including abandoned or decommissioned facilities. The bill also leaves some ambiguity around fees and intercarrier compensation, stating only that it neither mandates nor prohibits certain charges, which could invite disputes over implementation.