this is an outdated text: switch to the updated & improved dc code website
home, about

The DC Code: § 34-403 Chapters to be liberally construed; severability of provisions.

Index34 Public Utilities. (Refs & Annos)

The provisions of this subtitle shall be interpreted and construed liberally in order to accomplish the purposes thereof, and where any specific power or authority is given the Commission by the provisions of this subtitle the enumeration thereof shall not be held to exclude or impair any power or authority otherwise in this subtitle conferred on said Commission; provided, that the supply and sale of electricity shall not be regulated by the Commission except as expressly set forth in Chapter 15 of this title; provided further, that the supply and sale of natural gas by a licensed natural gas supplier shall not be regulated by the Commission except as expressly set forth in Chapter 16C of this title; provided further, that Internet Protocol-enabled Service, as defined in § 34-2001(7A), or Voice Over Internet Protocol-enabled Service, as defined in § 34-2001(23), shall not be regulated by the Commission.  The Commission hereby created shall have, in addition to the powers in this subtitle specified, mentioned, and indicated all additional, implied, and incidental power which may be proper and necessary to effect and carry out, perform, and execute all the said powers herein specified, mentioned, and indicated.  A substantial compliance with the requirements of this subtitle shall be sufficient to give effect to all the rules, orders, acts, and regulations of the Commission, and they shall not be declared inoperative, illegal, or void for any omission of a technical nature in respect thereto.   That each section of this subtitle, and every part of each section, are hereby declared to be independent sections and the holding of any section or sections or part or parts thereof to be void, ineffective, or unconstitutional for any cause shall not be deemed to affect any other section or part thereof.

Historical and Statutory

Prior Codifications 1981 Ed., § 43-103. 1973 Ed., § 43-1003. Effect of Amendments D.C. Law 13-107 added the concluding proviso. D.C. Law 15-227, at the end of the first sentence, inserted "; provided further, that the supply and sale of natural gas by a licensed natural gas supplier shall not be regulated by the Commission except as expressly set forth in Chapter 16C of this title". D.C. Law 17-165 inserted "; provided further, that Internet Protocol-enabled Service, as defined in § 34-2001(7A), or Voice Over Internet Protocol-enabled Service, as defined in § 34-2001(23), shall not be regulated by the Commission". Legislative History of Laws Law 13-107, the "Retail Electric Competition and Consumer Protection Act of 1999," was introduced in Council and assigned Bill No. 13-284, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on December 7, 1999, and December 21, 1999, respectively. Signed by the Mayor on January 18, 2000, it was assigned Act No. 13-256 and transmitted to both Houses of Congress for its review. D.C. Law 13-107 became effective on May 9, 2000. For Law 15-227, see notes following § 34-208. Law 17-165, the "Telecommunications Competition Amendment Act of 2008", was introduced in Council and assigned Bill No.17-332 which was referred to the Committee on Public Service and Consumer Affairs. The Bill was adopted on first and second readings on March 4, 2008, and April 1, 2008, respectively. Signed by the Mayor on April 14, 2008, it was assigned Act No. 17-339 and transmitted to both Houses of Congress for its review. D.C. Law 17-165 became effective on June 5, 2008. DC CODE § 34-403 Current through December 11, 2012

Credits

(Mar. 4, 1913, 37 Stat. 993, ch. 150, § 8, par. 92; May 9, 2000, D.C. Law 13-107, § 201(a), 47 DCR 1091; Mar. 16, 2005, D.C. Law 15-227, § 17(c), 51 DCR 10549; June 5, 2008, D.C. Law 17-165, § 2, 55 DCR 5171.)