Chapter 12

12 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 1 CHAPTER 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 2014 NOTE: Pursuant to the authority granted by § 1606, secti ons were renumbered to reflect the existing GCA codific ation structure. P.L. 27-110:8(a) (Nov. 1, 2004) designated §§ 12000 through 12027 as Article 1 of this chapter. P.L. 23-119:1 (July 31, 1996) established the Guam Waterworks Authority and P.L. 23-119:2 repealed 5 GCA, Ch. 56, Public Utility Agency of Guam. Pursuant to P.L. 23-119:3, all ref erences to the 'Public Utility Agency of Guam' shall read 'Guam Wa terworks Authority. Article 1. Public Utilities Commission. Article 2. Guam Telecommunications Act of 2004. Article 3. '911' Surcharge. Article 4. The Task Force on Submarine Cables Act o f 2020. ARTICLE 1 PUBLIC UTILITIES COMMISSION § 12101. Definitions. § 12102. Public Utilities Commission: Number, Appointment of Commissioners. § 12102.1. Ratepayers’ Bill of Rights. § 12102.2. Proposed Public Utility Rate Increases. § 12103. Operation of Commission. § 12103.1. Operation of Commission-Additional. § 12104. Annual Report.

ers. § 12102.1. Ratepayers’ Bill of Rights. § 12102.2. Proposed Public Utility Rate Increases. § 12103. Operation of Commission. § 12103.1. Operation of Commission-Additional. § 12104. Annual Report. § 12105. General Powers and Duties. § 12106. Powers. § 12107. Quorum. § 12108. Public Utilities to Furnish Information. § 12109. Commission May Compel Attendance of Witnesses. § 12110. Rates to be Published. § 12111. Notice of Hearings. § 12112. Right to be Represented by Counsel. § 12113. Public Utilities Commission Fund. COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 2 § 12114. Commission may Make Rules and Establish Fe es. § 12115. May Make Recommendations and Bring Suits. § 12116. Regulation of rates. § 12116.1. Financial Autonomy of the Guam Waterwork s Authority. [Repealed] § 12116.2. Water and Sewer Rate Exception. [Repeale d] § 12116.3. Monetary Charges for the Beneficial Use of Water Obtained by Private Water Well Operators. § 12116.4. Establishment of Targeted Lifeline Rates for Local Exchange Telephone Service. § 12116.5. Water and Sewer System Development Char ge. § 12116.6.

r Obtained by Private Water Well Operators. § 12116.4. Establishment of Targeted Lifeline Rates for Local Exchange Telephone Service. § 12116.5. Water and Sewer System Development Char ge. § 12116.6. Charges Authorized for Private Contracto rs if their Systems are Integrated with GWA =s. § 12117. Public Hearings. § 12117.1. Exemption from Certain Provisions. § 12118. Just and Reasonable Defined. § 12119. Appeals. § 12120. Valuations. § 12121. Penalty. § 12122. Perjury. § 12123. Partial Invalidity; Severability. § 12124. Application to Interstate or Foreign Comme rce. § 12125. Review of Rates. Operating Cost of Commiss ion. § 12126. Compliance. § 12127. Estimated Billings. § 12128. Back Billing. § 12129. Rate Structure Implementation; Renewable Portfolio Standard Incentives; Report. § 12101. Definitions. As used in this Chapter: (a) Public Utility means the Guam Power Authority, the Jose D. Leon Guerrero Commercial Port, the Guam Waterworks Authority, the Guam Solid Waste Authorit y or any duly licensed private contractors operating: (1) a facility or subsystem of the community- wide water production and distribution system, or COL6/24/202112 GCA AUTONOMOUS AGENCIES CH.

thorit y or any duly licensed private contractors operating: (1) a facility or subsystem of the community- wide water production and distribution system, or COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 3 (2) a facility or subsystem of the community- wide waste water disposal system, or both, or any private golf course management corporation leasing public property providing preferential golf rates a nd reservations to Guam residents, or (3) a marine terminal with facilities for loading and unloading commercial cargo or passengers onto and from ocean common carriers. (b) Commission means the Public Utilities Commission. (c) General lifeline rate means a lower than averag e cost per unit charge for a level of utility service necessary to fulfill the essential needs of all residential cust omers. SOURCE : Added by P.L. 17-074 (Oct. 26, 1984) as § 12000. Amended by P.L. 31-020:11 (Apr. 18, 2011), effective 90 day s from date of enactment pursuant to P.L. 31-20:13. Subsection (a) amended by P.L. 19- 034:23:B (Dec. 19, 1988), P.L. 23-119:6 (July 31, 1 996), P.L. 24-295:2 (Nov. 21, 1998), P.L.

, effective 90 day s from date of enactment pursuant to P.L. 31-20:13. Subsection (a) amended by P.L. 19- 034:23:B (Dec. 19, 1988), P.L. 23-119:6 (July 31, 1 996), P.L. 24-295:2 (Nov. 21, 1998), P.L. 25-005:3 (May 10, 1999), P.L. 26-066:1 (Dec. 22, 2001), repealed and reenacted by P.L. 27-110:8(b) ( Nov. 1, 2004), amended by P.L. 30-052:3 (July 14, 2009). Subsectio n (c) added by P.L. 21-142:2 (Jan. 2, 1993). § 12102. Public Utilities Commission: Number, Appoi ntment of Commissioners. There shall be a public corporation and autonomous instrumentality within the government of Guam, to w it, a Public Utilities Commission composed of seven (7) members to be called Commissioners, who shall be selected as foll ows: (a) I Maga’Lahen Guåhan [Governor of Guam] shall appoint, with the advice and consent of I Liheslaturan Guåhan [Guam Legislature], two (2) members from the business community of Guam; one (1) member who is a certified public accountant; two (2) members, each of whom have training or experience in at least one (1) of the following four (4) areas (power generation, telepho ne, water/sewer utilities, or marine terminal operations/transportation via ocean common carrier) , with

g or experience in at least one (1) of the following four (4) areas (power generation, telepho ne, water/sewer utilities, or marine terminal operations/transportation via ocean common carrier) , with the additional requirement that the two (2) members COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 4 appointed each have training or experience in a dif ferent area; and two (2) members who are from the communit y at large. Except for the initial term, the terms of such memb ers shall be for six (6) years. No member shall be a d irector, deputy director, appointed, unclassified employee, any other unclassified employee of the government of Guam, or a member of any other board or commission. The appointment of any person to the Commission shall b ecome void if at any time during that person’s term of of fice, that person shall become a director, deputy director, ap pointed to any unclassified position in the government of G uam, or accept appointment to any other board or commission . (b) The Commissioners shall serve staggered terms.

ector, deputy director, ap pointed to any unclassified position in the government of G uam, or accept appointment to any other board or commission . (b) The Commissioners shall serve staggered terms. One (1) of the initially selected members shall ser ve a term of one (1) year, three (3) of the initially selecte d members shall serve a term of three (3) years, and three (3 ) of the initially selected members shall serve a term of fi ve (5) years. (c) Any vacancies occurring in the membership of th e Commission during a term shall be filled by the Gov ernor selecting a person from the same category as that f rom which the person creating the vacancy was appointed . Every person filling a vacancy shall be confirmed by the Legislature. Any person filling a vacancy shall ser ve only for the unexpired portion of the term. (d) When there is a change of administration of the government of Guam after a gubernatorial election, no courtesy resignation shall be requested by the new administration of the government of Guam nor offere d by any Commissioner. (e) The members of the Public Utilities Commission shall elect a chairperson.

tesy resignation shall be requested by the new administration of the government of Guam nor offere d by any Commissioner. (e) The members of the Public Utilities Commission shall elect a chairperson. (f) At the first meeting of the Public Utilities Commission, the members shall draw lots to determin e COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 5 which members shall serve the one (1) year term, th e three (3) year terms, and the five (5) year terms. (g) The Commission may remove or suspend for cause any member of the Commission after due notice and p ublic hearing. (h) No person owning any bonds of any public utilit y regulated by the Commission or deriving any remuner ation from any public utility regulated by the Commission shall be eligible to serve as a Commissioner or be employ ed by the Commission. Further, no person who is an office r or director, or who owns a financial interest in a cor poration or partnership doing business with a regulated utility shall be eligible to serve as a Commissioner or be employed by the Commission.

r or director, or who owns a financial interest in a cor poration or partnership doing business with a regulated utility shall be eligible to serve as a Commissioner or be employed by the Commission. (i) No Commissioner shall during the two (2) years immediately following termination of service on the Commission be employed by any public utility which is regulated by the Commission. (j) No Commissioner may serve on any other board or commission of the government of Guam during his ter m as Commissioner of the Public Utilities Commission. (k) Commissioners shall be compensated at the rate of One Thousand Dollars ($1000.00) per month. Such compensation shall be apportioned by the PUC in a f air and equitable manner among the utilities and entities r egulated by the PUC. Commissioners shall not be eligible for government of Guam retirement or insurance benefits , or other benefits associated with government of Guam employment. SOURCE : Added by P.L. 17-074 (Oct. 26, 1984); amended by P.L. 20- 066:3 (Sept. 14, 1989). Subsection (a) amended by P .L. 24-047:1 (June 20, 1997), P.L. 24-143:18 (Feb. 27, 1998), P.L. 25- 005:4 (May 10, 1999), P.L. 26-066:2 (Dec. 22, 2001), P.L.

mended by P.L. 20- 066:3 (Sept. 14, 1989). Subsection (a) amended by P .L. 24-047:1 (June 20, 1997), P.L. 24-143:18 (Feb. 27, 1998), P.L. 25- 005:4 (May 10, 1999), P.L. 26-066:2 (Dec. 22, 2001), P.L. 30-052:4 (July 14, 2009). Subsection (k) added by P.L. 31-251:2 (Dec. 11, 2012). § 12102.1. Ratepayers’ Bill of Rights. (a) I Liheslaturan Guåhan finds that the services provided by Public Utilities are basic necessities that the residents of COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 6 Guam must receive in order to function in modern li fe. I Liheslaturan Guåhan also finds that because residents have very little choice in purchasing these basic necessities , they are held captive to the rates and rate increases of the Publ ic Utilities. Any rate increase therefore diminishes the amount o f hard- earned wages residents have to spend on other basic necessities, such as food, shelter and clothing, as well as the amount of hard- earned wages they have to set aside for retirement, college, emergencies or a family business.

to spend on other basic necessities, such as food, shelter and clothing, as well as the amount of hard- earned wages they have to set aside for retirement, college, emergencies or a family business. (b) While I Liheslaturan Guåhan recognizes that over a long period of time, an increase in utility rates i s inevitable, such rate increases must be made out of absolute necessi ty, and only after every cost-cutting effort has been made and e very other available option has been exhausted. I Liheslaturan Guåhan intends to make it clear that it does not want to i nterfere with the ability of the Public Utilities Commission to regul ate and set rates for the Public Utilities, but I Liheslaturan Guåhan also intends to make it abundantly clear that no Public Utility shall submit a proposal for a rate increase without first giving the people of Guam more than ample opportunity to exerc ise their fundamental rights as ratepayers. Those fundamenta l rights of the ratepayers include: (1) the right to receive clear and adequate notice of any proposed rate increase; (2) the right to be fully informed about and to ful ly evaluate any proposed rate increase, as well as the finances of a Public

ght to receive clear and adequate notice of any proposed rate increase; (2) the right to be fully informed about and to ful ly evaluate any proposed rate increase, as well as the finances of a Public Utility; and (3) the right to give input and participate in any proposed rate increase. It is these basic rights which the Ratepayers’ Bill of Rights seeks to uphold. SOURCE : Added by P.L. 26-023:1 (July 5, 2001). 2014 NOTE: Subsection designations (a) and (b) were added to c onform to the Compiler’s alpha-numeric scheme in accordanc e with the authority granted by 1 GCA § 1606. COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 7 § 12102.2. Proposed Public Utility Rate Increases. (a) Sections 12102.1 through 12102.2, which shall b e known as the Ratepayers’ Bill of Rights, shall in n o way restrict the powers of the Public Utilities Commission (Comm ission) granted in this Chapter to regulate or set rates fo r a Public Utility. The Ratepayers’ Bill of Rights sets condi tions only on the manner in which a Public Utility shall submit a proposed rate increase to the Commission.

r to regulate or set rates fo r a Public Utility. The Ratepayers’ Bill of Rights sets condi tions only on the manner in which a Public Utility shall submit a proposed rate increase to the Commission. No Public Utility, as defined in § 12101 of this Chapter, with the exception of the G uam Memorial Hospital, and the Jose D. Leon Guerrero Co mmercial Port, may submit a proposed rate increase to the Co mmission before complying with the mandates of this Section. This Section shall not apply to the Guam Memorial Hospit al and the Jose D. Leon Guerrero Commercial Port. In the case of the Jose D. Leon Guerrero Commercial Port, notice of any pro posed changes in rates shall be made as described in subs ection (f) herein. (b) A Public Utility shall publish notice of any pr oposed rate increase in a newspaper of general circulation , as defined in § 8104 of Chapter 8 of Title 5 of the Guam Code Ann otated, Open Government Law, at least three (3) months befo re submitting it to the Commission. The published not ice shall include the Public Utility’s intention to submit a proposed change in its rates in three (3) month’s time, its current utility rate, the proposed rate, the amount of

sion. The published not ice shall include the Public Utility’s intention to submit a proposed change in its rates in three (3) month’s time, its current utility rate, the proposed rate, the amount of increase and a justification for the increase. (c) A Public Utility shall mail a notice to every r atepayer at least one (1) month before submitting a rate cha nge proposal to the Commission. The notice shall state the Publ ic Utility’s intention to submit a proposal to increase its rate s in one (1) month’s time, its current utility rate, the propose d rate, the amount of increase and a justification for the incr ease. (d) The Public Utilities Commission (‘PUC’) shall annually conduct a study comparing the staffing pat tern and manpower levels of the Public Utilities under their purview to the staffing patterns and manpower levels of at lea st four (4) other utilities in the United States Mainland which provides COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 8 similar services to a comparable number of customer s. The first such study mandated herein shall begin no less than sixty (60) days after the effective

AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 8 similar services to a comparable number of customer s. The first such study mandated herein shall begin no less than sixty (60) days after the effective date of th is Act. The PUC shall publish the results of such studies in a news paper of general circulation, as defined in § 8104 of Chapter 8 of T itle 5 of the Guam Code Annotated, Open Government Law. The stud ies shall be made available to residents attending the public hearings on the proposed rate increase. The PUC must, in de termining approval of any proposed rate increase, take into a ccount the results of such studies and order reductions or oth er adjustments in the operations of the Public Utility requesting a rate adjustment, as recommended or suggested by such stu dies, prior to granting approval for a rate increase. It is the intention of I Liheslaturan Guåhan that the PUC mandate reductions in unnecessary levels or areas o f expenditure in Public Utilities prior to, or in conjunction wit h, approval of any rate increase. Any Public Utility that has rec eived an order from the PUC to reduce expenditures in any area of operations shall comply with such order, and failure

onjunction wit h, approval of any rate increase. Any Public Utility that has rec eived an order from the PUC to reduce expenditures in any area of operations shall comply with such order, and failure to do so is a grounds for disapproval of a rate increase proposal. (e) A Public Utility, at least one (1) month before submitting a rate increase proposal to the Commissi on, shall publish on a World Wide Web (‘Web’) page, available through the Internet, all the information provided in its p ublic notices required by this Section. The Web page shall also include a message board, or an electronic mail address, by wh ich the public can submit its opinions, testimony and any r eactions to the proposed rate increase or to the information pr ovided on the Web page. (f) The Jose D. Leon Guerrero Commercial Port (the Port) shall not submit any proposed rate change to the Co mmission until the following actions have occurred: (1) The Port shall publish notice of any proposed rate change in a newspaper of general circulation, as de fined in § 8104 of Chapter 8 of Title 5 of the Guam Code Annotated, Open Government Law, at least sixty (60) days prior to submitting the proposed rate change to

wspaper of general circulation, as de fined in § 8104 of Chapter 8 of Title 5 of the Guam Code Annotated, Open Government Law, at least sixty (60) days prior to submitting the proposed rate change to the COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 9 Commission. The notice required herein shall inclu de the Port’s intention to submit its proposed rate change to the Commission, its current rate, the proposed rate, th e difference in the current and proposed rates stated in percentage form, a justification for the change, an d an electronic mail address and physical location where comments on the proposed rate change may be submitt ed; and (2) The Port shall publish notice of any proposed rate change on the Port’s official website at least sixt y (60) days prior to submitting the proposed rate change to the Commission. The notice required herein shall inclu de the Port’s intention to submit its proposed rate change to the Commission, its current rate, the proposed rate, th e difference in the current and proposed rates stated in percentage form, a justification for the change, an d an electronic mail address

ge to the Commission, its current rate, the proposed rate, th e difference in the current and proposed rates stated in percentage form, a justification for the change, an d an electronic mail address and physical location where comments on the propose rate change may be submitte d. SOURCE : Added by P.L. 26-023:2 (July 5, 2001). Subsectio n (a) amended by P.L. 30-052:5 (July 14, 2009). Subsectio n (f) added by P.L. 30-052:6 (July 14, 2009). § 12103. Operation of Commission. (a) The Commission shall retain on an as needed bas is those professional services required by the Commission in the performance of its duties. The Commission may emplo y administrative staff personnel for the conduct of C ommission business. (b) The Commission may also appoint an attorney, wh o shall serve at the pleasure of the Commission and w hose duties, which may include service as the Commission =s administrative law judge, shall be fixed by the Commission. The a ttorney, who must have been admitted to practice before the Supr eme Court of Guam, shall advise the Commission on all legal matt ers to which the Commission is legally interested, and may repre sent the Commission in connection with legal

practice before the Supr eme Court of Guam, shall advise the Commission on all legal matt ers to which the Commission is legally interested, and may repre sent the Commission in connection with legal matters before I Liheslaturan Guåhan , the courts of Guam, and boards and other agencies of Guam. The Commission is authorized to establish COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 10 by rule or order that each public utility regulated under this Chapter shall be assessed the costs incurred by the Commission for professional services rendered by the attorney. (c) If the agency’s determination is reversed by th e Commission, then the Commission shall award reasona ble attorney’s fees to the customer and costs. The reme dies contained in this Title are not exclusive, and the customer may, at the customer’s sole option, proceed under this T itle, under 7 GCA, Chapter 4, Article 2, or may pursue any other remedies available. SOURCE : Added by P.L. 17-074 (Oct. 26, 1984), repealed an d reenacted by P.L. 20-094:28 (Sept. 22, 1989). Subse ction (b) amended by P.L. 26-018:2 (May 31, 2001).

ursue any other remedies available. SOURCE : Added by P.L. 17-074 (Oct. 26, 1984), repealed an d reenacted by P.L. 20-094:28 (Sept. 22, 1989). Subse ction (b) amended by P.L. 26-018:2 (May 31, 2001). NOTE: Pursuant to the authority granted by 1 GCA § 1606 , the reference to the Guam Code of Civil Procedure in su bsection (c) was altered to reflect the codification of this section in the GCA. § 12103.1. Operation of Commission-Additional. Notwithstanding any other provision of law, the Pub lic Utilities Commission may meet for purposes of gathe ring information on utilities and requesting, demanding and accepting reports and documents from regulated utilities, and for other purposes. The Commission may continue in limited op eration, as funds are available or on a volunteer basis, for pu rposes of monitoring the regulated utilities and making such orders, rules, and regulations, as may be appropriate to monitor s uch agencies and insure that orders of the Commission are compli ed with. Financial documents and reports of publicly owned u tilities are hereby declared to be public documents. SOURCE : Added as uncodified law by P.L. 18-033:29 (May 9, 1986); codified by Compiler.

with. Financial documents and reports of publicly owned u tilities are hereby declared to be public documents. SOURCE : Added as uncodified law by P.L. 18-033:29 (May 9, 1986); codified by Compiler. § 12104. Annual Report. The Commission shall prepare and present to the Gov ernor and to the Speaker of the Legislature, in January o f each year, a report respecting its actions during the preceding fiscal year, if any, together with its recommendations respecting l egislation. SOURCE : Added by P.L. 17-074 (Oct. 26, 1984). COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 11 § 12105. General Powers and Duties. (a) The Commission shall have regulatory oversight supervision of rates as set forth in this Chapter o ver each public utility and shall perform the duties and exercise t he powers imposed or conferred upon it by this Chapter. (b) The Commission in the discharge of any of its duties or the exercise of any of its powers, except a final d etermination affecting a public utility, may act through one or more of its Commissioners designated by the Commission for this purpose.

duties or the exercise of any of its powers, except a final d etermination affecting a public utility, may act through one or more of its Commissioners designated by the Commission for this purpose. (c) The Commission shall investigate and examine a ny rates and charges charged by any utility, and all r ecords pertinent thereto. (d) The Commission may seek advice from an indepen dent utility expert, shall approve, disapprove, increase or reduce rates for each utility. (e) The Commission shall establish and modify from time to time, reasonable rates and charges for services, including General Lifeline Rates, which as far as Guam Teleph one Authority, the Guam Waterworks Authority, and Guam Power Authority are concerned, when all rates for respect ive blocks of usage are considered together, shall be at least ad equate to cover the full cost of such service or subject to any con tractual agreements of the utilities to the holders of any b onds and shall increase rates or charges from time to time as may be necessary pursuant to any contractual obligations, except tha t General Lifeline Rates may only be increased when the total actual overall cost of providing service to all

from time to time as may be necessary pursuant to any contractual obligations, except tha t General Lifeline Rates may only be increased when the total actual overall cost of providing service to all classes of customers, increases by no less than twenty percent (20%). (1) The utilities shall not, however, enter into a ny contractual agreements or obligations which could i ncrease rates and charges prior to the written approval of the Commission. (2) No money in any utility sinking fund may be released except for the purpose for which it is ded icated. COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 12 (f) No rate change may be approved by the Commissi on unless it is affirmatively established, by a prepon derance of the evidence, that a rate change is necessary. (1) The Commission shall conduct such investigatio n and hearings as to any such rate changes as it deem s necessary. (2) As to the Guam Power Authority, the Commission shall ensure that rates will, at all times, be suff icient to enable the utility to meet its financial obligation s, operating expenses, debt service and capital improvement need s.

y, the Commission shall ensure that rates will, at all times, be suff icient to enable the utility to meet its financial obligation s, operating expenses, debt service and capital improvement need s. (3) Any rate change shall be considered by the Commission using standards and financial criteria consistent with generally accepted rate-making prac tices of public utilities and in full consideration of the r equirement to establish and maintain General Lifeline Rates. (g) The Commission shall have the power to enter i nto contracts and execute all instruments necessary or convenient in the exercise of its powers, adopt a seal, and sue o r to be sued in its own corporate name. (h) At any public hearing concerning the establish ment or modification of any rate, the commission may consid er any factual testimony and evidence presented by the gen eral public. In addition, any member of the public may present w itnesses at such public hearing, upon a timely application made to the commission. (1) The commission, in determining whether a member of the public may be allowed to present witn esses, shall take into account an offer of proof to be fil ed with the application for such privilege

(1) The commission, in determining whether a member of the public may be allowed to present witn esses, shall take into account an offer of proof to be fil ed with the application for such privilege and determine whethe r the proof offered would add anything to the proceedings . (2) The request to present witnesses may be denied if the commission finds that such action is of a dilat ory nature or would otherwise impede the operations of the commission unduly. COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 13 (3) The right to present evidence and witnesses sh all be liberally granted as long as such activity would not unduly impede the activities of the commission or d elay the decision making process of the commission. (4) Nothing herein shall prevent any witness from testifying at a public hearing on his own behalf an d presenting any type of documentary or physical evid ence at the time of testimony which may be relevant to the matter before the commission. (5) The Commission shall give such weight to the testimony and evidence presented by the general pub lic as it gives to evidence presented by the

may be relevant to the matter before the commission. (5) The Commission shall give such weight to the testimony and evidence presented by the general pub lic as it gives to evidence presented by the participants bef ore the Public Utility Commission in the docket concerned a nd shall hold the evidence presented by the general pu blic to the same criteria, the same standards of proof, and the same rules of evidence as would be applicable to a parti cipant. (6) Any participant may make objections to the introduction of evidence by any member of the gener al public upon any grounds which would be appropriate if such evidence were being presented by a participant to the proceedings. (7) The commission may allow cross-examination of witnesses by participants to the proceedings and ma y, if appropriate, allow participants an opportunity to r efute evidence presented by the general public if the int erests of justice so require. SOURCE : Added by P.L. 17-074 (Oct. 26, 1984), amended by P.L. 18- 009:23 (July 23, 1985), P.L. 20-066:4 (Sept. 14, 19 89), P.L. 21-142:3 (Jan. 2, 1993), P.L. 23-030:1 (June 27, 1995), P.L. 23-119:4 (July 31, 1996).

y P.L. 17-074 (Oct. 26, 1984), amended by P.L. 18- 009:23 (July 23, 1985), P.L. 20-066:4 (Sept. 14, 19 89), P.L. 21-142:3 (Jan. 2, 1993), P.L. 23-030:1 (June 27, 1995), P.L. 23-119:4 (July 31, 1996). 2015 NOTE: Subsection designations were added in accordance to the authority granted by 1 GCA § 1606. NOTE : Public Law 26-076:21 (Mar. 12, 2002) stated: Section 21. PUC to Continue to Regulate Rates. The Public Utilities Commission ( APUC @) shall continue to have jurisdiction in regulating and setting rates for bo th the Guam Waterworks Authority ( AGWA @) and the Guam Power COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 14 Authority ( AGPA @). Nothing in this Act shall be construed as impairing the powers, duties or effectiveness of th e PUC in relation to GWA or GPA. § 12106. Powers. (a) The Commission shall have the following powers which it may exercise in carrying out its mandate to regu late rates: (1) to examine the financial records of each publi c utility including all bank records; (2) the terms and conditions of any contracts with the United States Government; (3) terms and conditions of any

) to examine the financial records of each publi c utility including all bank records; (2) the terms and conditions of any contracts with the United States Government; (3) terms and conditions of any refinancing provis ions by the Federal Finance Bank and the Department of t he Interior; (4) its costs of operations and costs charged to i t by the United States Government; (5) schedules of rates and classifications; (6) the value and condition of the utility’s physi cal property, including that of the United States Gover nment where appropriate; (7) the issuance on behalf of the utility of bonds and the disposition of the proceeds thereof; (8) the volume of unit sales; (9) the amount and disposition of its income; (10) all its financial transactions; its complianc e with contracts, covenants, promissory notes and other te rms of indebtedness; (11) its compliance with all applicable territoria l and federal laws and with the provisions of its franchi se, articles of incorporation and enabling legislation. (b) The Commission shall have the power at any tim e to examine the financial condition of the utility. SOURCE : Added by P.L. 17-074 (Oct. 26, 1984).

icles of incorporation and enabling legislation. (b) The Commission shall have the power at any tim e to examine the financial condition of the utility. SOURCE : Added by P.L. 17-074 (Oct. 26, 1984). COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 15 2015 NOTE: Subsection designations were added in accordance to the authority granted by 1 GCA § 1606. § 12107. Quorum. Four (4) Commissioners shall constitute a quorum. An affirmative vote of at least four (4) Commissioners present at a meeting where a quorum is present shall be required for the Commission to act or issue a decision. SOURCE : Added by P.L. 17-074 (Oct. 26, 1984), amended by P.L. 25- 005:5 (May 10, 1999), and P.L. 26-066:5 (Dec. 22, 2 001). § 12108. Public Utilities to Furnish Information. (a) Every public utility shall at all times, upon request, furnish to the Commission all information that it m ay require respecting any of the matters concerning rates and charges, revenues and expenditures which it is given power t o investigate, and shall permit the examination of its books, reco rds, contracts, maps and other documents by the Commission, or any

and charges, revenues and expenditures which it is given power t o investigate, and shall permit the examination of its books, reco rds, contracts, maps and other documents by the Commission, or any person authorized by it in writing to make such examinatio n, and shall furnish the Commission a complete inventory of its property in such form as the Commission may direct. (b) Every public utility shall furnish the Commiss ion with annual reports containing information to be specifi ed by the Commission as well as copies of all internal financ ial statements used by the utility on a monthly, quarterly or regu lar basis. (c) The Commission shall require the utilities to follow standard utility accounting procedures, or, in the case of the Guam Power Authority to follow the accounting proce dures required by the Federal Energy Regulatory Commissio n. SOURCE : Added by P.L. 17-074 (Oct. 26, 1984). 2015 NOTE: Subsection designations were added in accordance to the authority granted by 1 GCA § 1606. § 12109. Commission May Compel Attendance of Witnes ses, Etc. (a) In all investigations made by the Commission, and in all proceedings before it, the Commission shall have th e same powers

CA § 1606. § 12109. Commission May Compel Attendance of Witnes ses, Etc. (a) In all investigations made by the Commission, and in all proceedings before it, the Commission shall have th e same powers respecting administering oaths, compelling t he COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 16 attendance of witnesses and the production of docum entary evidence, and examining witnesses as are possessed by the Superior Court. (1) In case of contempt or disobedience by any per son to any order of the Commission or any subpoena issu ed by it, or of the refusal of any witness to testify to any matter regarding which he may be questioned lawfully, the Superior Court, on application by the Commission sh all compel obedience and punish said person as in the c ase of disobedience of the requirements of a subpoena issu ed from the Superior Court or a refusal to testify therein. (2) Nothing herein shall be construed as in any ma nner giving to any public utility immunity of any kind e xcept as may already be conferred by law.

e Superior Court or a refusal to testify therein. (2) Nothing herein shall be construed as in any ma nner giving to any public utility immunity of any kind e xcept as may already be conferred by law. (3) The fees and traveling expenses of witnesses s hall be the same as allowed witnesses in the Superior Co urt and shall be paid out of any appropriation available fo r the expenses of the Commission. (b) All meetings and hearings of the Commission sh all be public and minutes and records of each meeting shal l be kept. Personnel matters of employees of the Commission ma y be handled in an executive session. SOURCE : Added by P.L. 17-074 (Oct. 26, 1984). 2015 NOTE: Subsection designations were added in accordance to the authority granted by 1 GCA § 1606. § 12110. Rates to be Published. The rates, all assessment costs, classifications, c harges and rules of every public utility shall be published by the public utility in such manner as the Commission may requir e, and copies furnished to any person on request. SOURCE : Added by P.L. 17-074 (Oct. 26, 1984). § 12111. Notice of Hearings. Whenever an investigation or proceeding is undertak en by the Commission, reasonable notice in

ed to any person on request. SOURCE : Added by P.L. 17-074 (Oct. 26, 1984). § 12111. Notice of Hearings. Whenever an investigation or proceeding is undertak en by the Commission, reasonable notice in writing of suc h fact and of COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 17 the subject or subjects of the investigation or pro ceeding shall be given to the public utility concerned, and a notice in writing of the date and place fixed by the Commission for begi nning the investigation shall be served upon the public utili ty not less than two (2) weeks before the date designated for the he aring. SOURCE : Added by P.L. 17-074 (Oct. 26, 1984). § 12112. Right to be Represented by Counsel. At any investigation by or proceeding before the Commission, the public utility concerned shall have the right to be present and represented by counsel, to present a ny evidence desired, and to cross-examine any witness who may b e called. SOURCE : Added by P.L. 17-074 (Oct. 26, 1984). § 12113. Public Utilities Commission Fund. A Public Utilities Commission Fund shall be establi shed for the use of the Public Utilities

may b e called. SOURCE : Added by P.L. 17-074 (Oct. 26, 1984). § 12113. Public Utilities Commission Fund. A Public Utilities Commission Fund shall be establi shed for the use of the Public Utilities Commission for its operations, consisting of amounts as may be placed therein purs uant to the provisions this of Chapter. SOURCE : Added by P.L. 17-074 (Oct. 26, 1984). § 12114. Commission may Make Rules and Establish Fe es. (a) In the hearings before it, the Commission is n ot bound by the procedures set out in 5 GCA Chapter 5, Artic le 2, but may establish its own procedures for the conduct of hea rings and the admission of evidence. It shall establish its own p rocedures however, by promulgating rules according to the rul e-making procedures set out in 5 GCA Chapter 5, Article 3 (Administrative Adjudication Law). (b) The Commission shall not be bound by the stric t rules of the common law relating to the admission or reje ction of evidence, but may exercise its own discretion in th ese matters with a view to doing substantial justice. (c) The Commission may establish and amend a sched ule of reasonable fees and costs for copies of papers a nd records requested by interested

th ese matters with a view to doing substantial justice. (c) The Commission may establish and amend a sched ule of reasonable fees and costs for copies of papers a nd records requested by interested parties, and for the filing and serving of papers and documents required of public utilities b y this Chapter. COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 18 All such fees and costs charged and collected shall be paid into the Public Utilities Commission Fund. SOURCE : Added by P.L. 17-074 (Oct. 26, 1984). 2015 NOTE: Subsection designations were added in accordance to the authority granted by 1 GCA § 1606. § 12115. May Make Recommendations and Bring Suits. If the Commission is of the opinion that any public utility is violating or neglecting to comply with the terms of its loans and contracts, or with any territorial or federal law, or any provisions of its franchise, charter, enabling legislation or articles of incorporation, if any, or any rule, or order of the Commission; or that any rates, assessment costs, or, charges are u nreasonable or unreasonably discriminatory; it shall in writing in form the public

corporation, if any, or any rule, or order of the Commission; or that any rates, assessment costs, or, charges are u nreasonable or unreasonably discriminatory; it shall in writing in form the public utility of its conclusions and recommendations, sha ll include the same in its annual report, and may also publish the same in such manner as it may deem wise. The Commission may exam ine into any of the matter referred to in § 12106, notwithst anding that the same may be within the jurisdiction of any court or other body, and when after the examination the Commission is of the opinion that the circumstances warrant, it shall effect the necessary relief or remedy by the institution and prosecution of app ropriate proceedings or otherwise before such court or other body, in its own name or in the name or names of any complainant or complainants, as it may deem best. SOURCE : Added by P.L. 17-074 (Oct. 26, 1984). 2014 NOTE: Pursuant to the authority granted by § 1606, the re ference to the statute was altered to reflect the existing codification structure. § 12116. Regulation of Rates. (a) All rates, charges, assessments, and costs made or charged by any public utility shall be just and

tatute was altered to reflect the existing codification structure. § 12116. Regulation of Rates. (a) All rates, charges, assessments, and costs made or charged by any public utility shall be just and rea sonable and in conformance with public law, and shall be filed wit h the Commission; and no rate, charge or assessment cost shall be established, abandoned, modified, departed from or changed without a public hearing and the prior approval of the Commission. The Commission, upon notice to the pub lic utility, may suspend the operation of any proposed rate, cha rge or COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 19 assessment cost, or any proposed abandonment or mod ification thereof or departure therefrom, and after a public hearing by order regulate, fix and change all such rates, char ges, General Lifeline Rates, or assessment costs so that the sam e shall be just and reasonable, and may prohibit rebates and discri mination between localities, or between consumers, under sub stantially similar conditions. (b) Pursuant to its authority, Commission (hereafte r Commission) and Guam Waterworks Authority

and discri mination between localities, or between consumers, under sub stantially similar conditions. (b) Pursuant to its authority, Commission (hereafte r Commission) and Guam Waterworks Authority (hereafte r 'GWA') shall immediately begin proceedings to estab lish rates for the Guam Waterworks Authority, to be completed by December 1, 1996 for implementation as hereinafter indicated. As to setting these initial rates, and reviewing in terim rates, GWA is authorized to shorten time and the various d ays required for notices under any law, rule or regulations as l ong as reasonable notice is given to the public and the co ncerned party. (c) (1) Interim rates. Until December 31, 1996, interim rates at GWA shall be set by the Governor, who shall set rates for water, sewer, and auxiliary ser vices at GWA which are fair and reasonable and in accordance with the standards for the Commission in 12 GCA § 12116. 1, and in accordance with generally accepted rate sett ing practices for publicly owned Public Utilities. (2) Such interim rates shall not exceed the amount reasonably necessary for estimated operational cost s, maintenance costs, required capital improvements, a nd other

publicly owned Public Utilities. (2) Such interim rates shall not exceed the amount reasonably necessary for estimated operational cost s, maintenance costs, required capital improvements, a nd other reasonable costs and charges during the perio d from the date of implementation of the interim rates to December 31, 1996. (3) The PUC may reduce the interim rates set by th e Governor if excessive, with the burden on the Gover nor and the GWA to establish that the interim rates are fai r and reasonable and in accordance with this Chapter. (4) The Governor, during the period until December 31, 1996, may modify the interim rates after a hear ing. COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 20 (5) Such interim rates may be billed as to given customers only upon an actual meter reading closing out usage at the old rate and setting a base for beginn ing the interim rates, with all subsequent billings until A pril 1, 1997 being based on actual (not estimated) readings. (6) All interim rates shall be filed with the Commission and the Speaker of the Guam Legislature at least 15 days before becoming effective.

il 1, 1997 being based on actual (not estimated) readings. (6) All interim rates shall be filed with the Commission and the Speaker of the Guam Legislature at least 15 days before becoming effective. (d) The interim rates at GWA shall expire as of the last billing cycle of December 1996 for each customer an d thereafter the new rates approved by the Commission shall appl y. (e) The rate package prepared by the Commission sha ll include, at a minimum, a management audit, and a ra te and cost of services study. (f) In addition to the appropriation for the operat ions of the GWA contained in Section 3 of Chapter III of this A ct, and in addition to the transfer authority provided in Sect ion 7 of Chapter V of this Act, if rates charged by the GWA are insufficient to cover operations, the Governor is a uthorized to transfer up to Five Million Dollars ($5,000,000) fr om any outstanding appropriations from the General fund to the Guam Waterworks Authority as supplemental funding. (g) (1) Upon enactment of this Subsection (g), any existing rates and other items and charges of the J ose D. Leon Guerrero Commercial Port (the Port) shall continue to remain in effect unless and until

(1) Upon enactment of this Subsection (g), any existing rates and other items and charges of the J ose D. Leon Guerrero Commercial Port (the Port) shall continue to remain in effect unless and until modified in accordance with the applicable provisions of this Chapter. (2) Pursuant to its oversight supervision, the Com mission shall begin proceedings with the Jose D. Leon Guerr ero Commercial Port (the Port) to review and modify, or establish rates and other items and charges set forth in Titl e 12 GCA § 10104(j), for the use of Port facilities or applian ces. (3) Until December 31, 2010, the Commission may establish interim rates and charges for the use of Port facilities or appliances as may be necessary for estimated operat ion or maintenance costs, required capital improvements, o r other COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 21 reasonable costs. (4) To establish any such interim rates or charges , the Commission may conduct such investigation and heari ngs as it deems necessary pursuant to its powers under Title 12 GCA § 12105.

onable costs. (4) To establish any such interim rates or charges , the Commission may conduct such investigation and heari ngs as it deems necessary pursuant to its powers under Title 12 GCA § 12105. (5) No later than December 31, 2010, the Port shal l submit to the Commission the results from a study of exist ing rates, charges and cost of services provided by the Port. (6) The request for proposals to study existing ra tes, charges and cost of services shall be subject to th e review and approval of the Commission prior to issuance; and a ny contract entered into by the Port for such services shall be subject to the prior approval of the Commission. (7) Any modification to or establishment of rates shall thereafter be implemented in accordance with the pr ocedures set out in this Chapter. SOURCE : Added by P.L. 17-074 (Oct. 26, 1984), amended by P.L. 18- 009:24 (July 23, 1985), P.L. 21-142:4 (Jan. 2, 1993 ). Repealed and reenacted by P.L. 23-045:IV:16 (Oct. 18, 1995). Sub section (a) amended by P.L. 25-005:6 (May 10, 1999) and P.L. 26-066:3 ( Dec. 22, 2001). Subsection (g) added by P.L. 30-052:7 (July 14, 200 9).

and reenacted by P.L. 23-045:IV:16 (Oct. 18, 1995). Sub section (a) amended by P.L. 25-005:6 (May 10, 1999) and P.L. 26-066:3 ( Dec. 22, 2001). Subsection (g) added by P.L. 30-052:7 (July 14, 200 9). 2015 NOTE: Subsection designations in (c) and (g) were added in accordance to the authority granted by 1 GCA § 1606 . 2014 NOTE: Pursuant to the authority granted by § 1606, refere nces to other statutes were altered to reflect the existing codification structure. References to the 'Public Utility Agency of Guam' c hanged to 'Guam Waterworks Authority' pursuant to P.L. 23-119:3 (Ju ly 31, 1996). Subsection (f) refers to P.L. 23-045:III:3 as makin g appropriations for the operation of PUAG, however, said section pertains t o appropriation for Sanctuary, Inc.. Subsection (f) further refers to the Governor’s transfer authority found in P.L. 23-045:V:7 which reads: Section 7. (a) Transfer authority for general gov ernment operations. The Governor is authorized to transfer from one appropriation of the Executive Branch to another appropriation of the Executive Branch, provided, th at not more than Five Percent (5%) of the funds of any ter ritorial agency shall be transferred out of the

ation of the Executive Branch to another appropriation of the Executive Branch, provided, th at not more than Five Percent (5%) of the funds of any ter ritorial agency shall be transferred out of the territorial agency; and provided further, that notice of each transfer and justification COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 22 therefor, is delivered by the end of the month in w hich the transfer takes place to the Speaker of the Legislat ure. (b) Transfer authority for the Guam Memorial Hospi tal Authority (GMHA). In addition to the appropriations for the operations of the Guam Memorial Hospital Authority (GMHA) contained in this Act, and in addition to th e transfer authority provided in subsection (a), above, the Go vernor is authorized to transfer up to Five Million Two Hundr ed Thousand Dollars ($5,200,000) from any outstanding appropriations from the General Fund to the Guam Me morial Hospital Authority (GMHA) as supplemental funding. (c) Transfer authority granted to the Governor by t his Act shall only extend to FY1996 appropriations from the General Fund to any agency within the Executive Bra

ity (GMHA) as supplemental funding. (c) Transfer authority granted to the Governor by t his Act shall only extend to FY1996 appropriations from the General Fund to any agency within the Executive Bra nch. § 12116.1. Financial Autonomy of the Public Utility Agency of Guam. [Repealed.] SOURCE : Added by P.L. 18-009:25 (July 23, 1985), repealed and reenacted by P.L. 18-011:8 (Aug. 3, 1985), repealed by P.L. 23-119:2(c) (July 31, 1996). § 12116.2. Water and Sewer Rate Exception. [Repealed.] SOURCE : Added by P.L. 18-033:26 (May 9, 1986). Codified b y Compiler. Repealed by P.L. 23-119:2(c) (July 31, 19 96). § 12116.3. Monetary Charges for the Beneficial Use of Water Obtained by Private Water Well Operators. Rates shall be established for water obtained by pr ivate water well operators as follows: (a) The Guam Waterworks Authority (GWA) shall establish separate classes of monetary charges for water, potable and non-potable water (brackish water for i rrigation use), drawn by private water well operators. (b) Said rates shall reflect the cost of activities required to be performed by GWA and the Guam Environmental Protection Agency with respect to such private wate r well operators as

well operators. (b) Said rates shall reflect the cost of activities required to be performed by GWA and the Guam Environmental Protection Agency with respect to such private wate r well operators as required by law, plus a monetary charg e to COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 23 compensate the people of Guam for the extraction of water, a public resource. (c) In arriving at an appropriate rate for water withdrawn by private water well operators, GWA shal l take into account the average capital investment and rec urring operational costs to the operators of such private water wells. (d) GWA shall, within sixty (60) days of enactment of this section, submit to the Legislature the schedul e of monetary charges made pursuant thereto. (1) The Legislature shall, within seven (7) legislative days of receipt, act upon such proposed schedule of monetary charges. (2) In the event no action is taken within such seven (7) legislative days, the schedule of monetar y charges as proposed by GWA shall go into effect.

upon such proposed schedule of monetary charges. (2) In the event no action is taken within such seven (7) legislative days, the schedule of monetar y charges as proposed by GWA shall go into effect. (3) In the event rate setting authority for servic e rates of GWA is placed under the Public Utilities Commission (the ACommission @), GWA shall submit the proposed schedule of monetary charges to the Commission for review and disposition, and such schedule of monetary charges shall become effective upon its approval by the Commission. SOURCE : Added by P.L. 22-047:2 (Dec. 2, 1993). 2015 NOTE: Subsection designations in (d) were added in acco rdance to the authority granted by 1 GCA § 1606. NOTE: References to the 'Public Utility Agency of Guam' changed to 'Guam Waterworks Authority' pursuant to P.L. 23-119 :3 (July 31, 1996). § 12116.4. Establishment of Targeted Lifeline Rates for Local Exchange Telephone Service. Notwithstanding any other provision of law, the Commission shall establish and modify from time to time, Targeted Lifeline Rates for local exchange telephon e service that COL6/24/202112 GCA AUTONOMOUS AGENCIES CH.

any other provision of law, the Commission shall establish and modify from time to time, Targeted Lifeline Rates for local exchange telephon e service that COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 24 are consistent with policies and procedures establi shed by the Federal Communications Commission (‘FCC’). (a) Eligibility Criteria. Subscribers are eligible for the Targeted Lifeline Rate for a single residential tel ephone line if they meet the low income eligibility criteria es tablished by the FCC. (b) Definition. In the case of local exchange telep hone service a Targeted Lifeline Rate is defined as, the basic residential subscriber line rate less any Federal l ifeline program support. SOURCE : Added by P.L. 24-076:2 (Sept. 30, 1997). § 12116.5 Water and Sewer System Development Charge . (a) The Guam Waterworks Authority ( AGWA @) shall establish and implement, subject to the prior appro val of the Commission in subsection (b), a water and sewer sys tem development charge schedule, which charges shall be assessed on each user who is for the first time connecting p roperty into the Guam =s water or

mission in subsection (b), a water and sewer sys tem development charge schedule, which charges shall be assessed on each user who is for the first time connecting p roperty into the Guam =s water or wastewater system, or to each builder if the density of development on existing connection is in creased. Such charge schedule shall seek to recover the additiona l costs associated with constructing, expanding, upgrading and repairing water and wastewater facilities for such new users and development, and shall take into account existing i nfrastructure on the property, present and future user demands, r equirements for water and/or sewer services, and installation o f infrastructure to be done by the user or builder. (b) Pursuant to its authority, the Commission shall immediately begin proceedings to promptly establish and approve the water and sewer system development char ge schedule for GWA. (1) The Commission has the authority to adopt and approve a charge schedule for GWA which complies wi th Subsection (a) of this Section, including, a schedu le which shall be known as the Amortized System Development Charge (ASDC) for residents who are constructing or purchasing a single

complies wi th Subsection (a) of this Section, including, a schedu le which shall be known as the Amortized System Development Charge (ASDC) for residents who are constructing or purchasing a single family dwelling intended for th eir COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 25 personal residence and/or for immediate family memb ers. (A) Such charge shall be assessed at an initial amount of no less than ten percent (10%) of the tot al SDC charge due, and the remainder of the charge sha ll be amortized over a period not to exceed fifteen (1 5) years, in which the charge plus interest, at a rate established by the Guam Public Utilities Commission , is added to the monthly GWA billing for the dwellin g at a rate in which the total annually assessed char ge shall not exceed the initial charge; and provided, that nothing herein shall limit the Commission’s authori ty and jurisdiction to establish and approve General Lifeline Rates for GWA, which may apply to the wate r and sewer development charge schedule. (B) The charge schedule shall be applied to users and developers by GWA upon its adoption and approval

ral Lifeline Rates for GWA, which may apply to the wate r and sewer development charge schedule. (B) The charge schedule shall be applied to users and developers by GWA upon its adoption and approval by the Commission, and no charges shall be assessed prior to adoption and approval by the Commission. (2) ASDC Applicability. The ASDC shall not apply to any commercial development involving the constru ction of multiple residential units. (3) ASDC Not Transferable. Should a homeowner paying an ASDC decide to sell or transfer the prope rty, on which the ASDC applies, to a person who is not an immediate family member or who qualifies for the AS DC under this Chapter, then full payment of any balanc es owed for the ASDC shall be paid prior to registration of the sale and transfer of the property at the Department of L and Management, and prior to the transfer of the origin al owner’s water/wastewater account to the new owner a nd/or occupant of the residence. (c) Notwithstanding any other provision of law, al l revenues generated by the water and sewer system de velopment charge schedule will be deposited into the Island W ater and Sewer Infrastructure Development Fund.

ding any other provision of law, al l revenues generated by the water and sewer system de velopment charge schedule will be deposited into the Island W ater and Sewer Infrastructure Development Fund. Such funds s hall be administered by GWA. However, GWA shall file annual ly for COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 26 Commission review and approval a full accounting of the receipts and expenditures into and from the Fund wi th appropriate details of the sources and expenditures into and from the Fund. (d) The Island Water and Sewer Infrastructure Devel opment Fund shall only be expended for costs associated wi th the construction, expansion, upgrade, and repair of wat er and wastewater facilities for users who are for the fir st time connecting property into the Guam =s water or wastewater system, or for builders if the density of developme nt on existing connection is increased. (e) Fees due under the water and sewer development charge schedule adopted by the Commission shall be paid to GWA prior to the issuance of a building construction permit.

ing connection is increased. (e) Fees due under the water and sewer development charge schedule adopted by the Commission shall be paid to GWA prior to the issuance of a building construction permit. Subsequent to the adoption and approval of the charge schedule by the Commission, no building construction permit shall b e issued without a certificate issued by GWA that all fees d ue under the charge schedule have been paid, except that the Com mission shall develop and adopt a schedule for GWA customer s qualified for the ASDC that shall allow for the building cons truction permit to be issued subsequent to payment of the in itial charge. (f) Any person may contest any proposed assessment for the water and sewer development charge schedule made or determined by GWA by filing with GWA a written prot est at any time prior to the issuance of a building constructi on permit. (1) All protests shall be prepared in the form and contain such information as GWA shall reasonably re quire, and shall include a summary statement of the ground s upon which the person relies and that person =s reasons for disputing the assessment of GWA.

n such information as GWA shall reasonably re quire, and shall include a summary statement of the ground s upon which the person relies and that person =s reasons for disputing the assessment of GWA. (2) GWA shall make a determination with respect to the protest and, if required, make an adjustment to the assessment within thirty (30) days of receipt of su ch protest. (3) Persons dissatisfied with GWA =s determination may file a petition with the Commission to review s uch COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 27 determination within thirty (30) days of GWA =s determination. (g) Except as provided hereafter, each person who m ade a voluntary contribution under Section 56119 of Title 5 of the Guam Code Annotated shall be compensated to the ext ent the amount contributed is greater than the charges that would apply under the charge schedule approved by the Commissio n. (1) Such persons shall be compensated the differen ce through an abatement of business privilege taxes eq ual to the differential. (2) Persons seeking credits under this Subsection (g) shall make an application to GWA within one (1) yea r

he differen ce through an abatement of business privilege taxes eq ual to the differential. (2) Persons seeking credits under this Subsection (g) shall make an application to GWA within one (1) yea r of the date of enactment of this Act, and GWA shall de termine the amount of any credit within ninety (90) days of its receipt of the application. (3) Persons dissatisfied with GWA =s determination may file a petition with the Commission to review s uch determination. This Subsection shall not apply to persons who prev iously received credits under Section 56119 of Title 5 of the Guam Code Annotated. (h) Except for voluntary contributions previously m ade, no further assessments shall be collected or imposed b y GWA or the Commission under Section 56119 of Title 5 of the Gu am Code Annotated. (i) Affordable Housing System Development Charge (AHSDC). (1) AHSDC For Persons Who Construct Their Own Primary Residences. Any person who constructs, or c auses to construct, a home where said structure will be t he primary residence for themselves or an immediate fa mily member as defined by 4 GCA § 4108 (2) shall be char ged 1.01% for water connections and 1.65% for sewer connections of the

ucture will be t he primary residence for themselves or an immediate fa mily member as defined by 4 GCA § 4108 (2) shall be char ged 1.01% for water connections and 1.65% for sewer connections of the actual cost to construct the hom e and COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 28 purchase the land in the event the actual total cos t is Two Hundred Ten Thousand Dollars ($210,000) or less. (A) GWA shall require reasonable proof to be provided showing that the home will in fact be a primary residence. (B) The actual cost of a home includes the purchase price of the land, if any, and all materia ls, labor, and other amounts necessary for the single- family dwelling that is constructed to fully comply with the Guam Building Code. (C) The AHSDC shall not apply to those persons who construct, or cause to be constructed, homes th at do not meet the requirements of the Guam Building Code, nor shall the charge apply to persons renovat ing existing structures. (D) GWA shall not provide water services to any structure that does not fully comply with the Guam Building Code.

Building Code, nor shall the charge apply to persons renovat ing existing structures. (D) GWA shall not provide water services to any structure that does not fully comply with the Guam Building Code. (2) AHSDC For Persons Who Construct Affordable Homes With Intent To Sell. Any person who construct s a home which is to be sold, or is in fact sold, prior to initial occupancy where the home costs Two Hundred Ten Thousand Dollars ($210,000) or less, shall be charg ed 1.01% for water connections and 1.65% for sewer connections of the value of the sale price of the h ome. (A) The valuation shall include the purchase price for the entire lot where the home is located. (B) The valuation shall also include the actual cost of a home, inclusive of all the materials, lab or, and other amounts necessary for a building to fully com ply with the Guam Building Code. The AHSDC is not applicable to those persons or developers who construct, or cause to be constructe d, homes that do not meet the requirements of the Guam Build ing COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 29 Code, or where the total cost, pursuant to

requirements of the Guam Build ing COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 29 Code, or where the total cost, pursuant to Subsecti on (3) below, of the home and lot exceed $210,000. (3) Proof of Cost/Valuation. In order to determine the correct value of a home, the Guam Waterworks Author ity shall have the authority to require reasonable proo f of such value of the home, which includes, but is not limit ed to: (A) a schedule of costs signed by an engineer, contractor or architect licensed on Guam; (B) purchase price of the land; and (C) a complete breakdown of all costs involved in the construction of the home to support the valuati on claimed, or proof of the purchase price of the home if purchased. An appraisal of the land is not required in the eve nt the land was not purchased. GWA may reject any claim no t reasonably founded or proven, or for failure to pro vide any document requested by GWA in support of such claim of valuation. (4) Reevaluation. At least once every five years, t he Guam Waterworks Authority shall review the Median Household Income for Guam, as published by the HUD Median Income

t of such claim of valuation. (4) Reevaluation. At least once every five years, t he Guam Waterworks Authority shall review the Median Household Income for Guam, as published by the HUD Median Income Statistic, and shall then adjust the total cost threshold requirement of the AHSDC, set at $210,000 , accordingly. 2015 NOTE: Subsection designations in (b), (f), (g) and (i) were added in accordance to the authority granted by 1 GCA § 1 606. (j) Timing of Payments Regarding System Development Charges for Single Family Dwellings . (1) Notwithstanding any other requirement of law, t he system development charge for all single family dwe llings may be paid at any time prior to initial occupancy. (2) Developers of property who sell single family dwellings are required to notify subsequent purchas ers of the need to pay system development charges prior to COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 30 occupying the home, in the event an occupancy permi t has not issued or been applied for. (3) GWA shall withhold water and sewer services until the payment of any system development charge is paid in full, aside from

e, in the event an occupancy permi t has not issued or been applied for. (3) GWA shall withhold water and sewer services until the payment of any system development charge is paid in full, aside from those persons who qualify for t he Amortized System Development Charge as described in § 12116.5(b). SOURCE : Added as § 12015.4 by P.L. 26-164:2 (Jan. 5, 200 3). Codified to this section by the Compiler. Subsecti on (b) amended by P.L. 29-133:2 (Jan. 8, 2009) and P.L. 32-075:2 (Nov . 27, 2013). Subsection (e) amended by P.L. 29-133:5 (Jan. 8, 20 09). Subsections (i) and (j) added by P.L. 32-075:3 (Nov. 27, 2013). NOTE: References to the Gross Receipts Tax changed to Bu siness Privilege Tax pursuant to P.L. 29-002:VI:28 (May 18 , 2007). § 12116.6. Charges Authorized for Private Contracto rs If Their Systems are Integrated with GWA ====s. The Guam Waterworks Authority ( >GWA =) may permit private contractors to operate community-wide water production and distribution systems, or wastewater disposal sy stem(s), or both, and shall refer recommended rates to the PUC to establish rates for such water and wastewater systems if such systems are fully integrated within GWA =s Island-wide

ater disposal sy stem(s), or both, and shall refer recommended rates to the PUC to establish rates for such water and wastewater systems if such systems are fully integrated within GWA =s Island-wide water and wastewater systems. Such integration, including, but not limi ted to, rates, charges, assessments and costs, shall be set out in written joint operating agreements, approved by the PUC, between GWA and such private contractors. SOURCE : Added by P.L. 24-295:5 (Oct. 21, 1998) as § 1201 5.3. Codified to this section by the Compiler. § 12117. Public Hearings. (a) The Commission shall hold at least three (3) p ublic hearings on any change in proposed rates or charges . One (1) of the public hearings shall be held in a location in Northern Guam, one (1) of the public hearings shall be held in a l ocation in Central Guam, and one (1) of the public hearings sh all be held in a location in Southern Guam. The notice of public h earing herein provided for shall plainly state the rates, charges or assessment costs proposed to be established, abandoned, modifi ed or COL6/24/202112 GCA AUTONOMOUS AGENCIES CH.

notice of public h earing herein provided for shall plainly state the rates, charges or assessment costs proposed to be established, abandoned, modifi ed or COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 31 departed from, and the proposed effective date ther eof. (b) No hearings shall be held unless notice of the hearing, with the purpose stated thereof and the date, time and place at which it will be held has been advertised not less than once in each of three (3) weeks in a newspaper of general c irculation on Guam, the first publication being not more than twe nty-one (21) days before the scheduled hearing, and the last pub lication being not less than two (2) days before the scheduled hea ring. (c) The Public Utility shall notify its consumers of the proposed change in rates in the normal billing proc ess not less than three (3) weeks before the date set for the pu blic hearing. The Commission may use additional media, such as ra dio or television, to advise the public if it finds it nec essary to do so. The Commission shall also accept written testimony on the proposed rate increase from the public after

al media, such as ra dio or television, to advise the public if it finds it nec essary to do so. The Commission shall also accept written testimony on the proposed rate increase from the public after the pu blic hearings have been conducted. SOURCE : Added by P.L. 17-074 (Oct. 26, 1984). Amended by P.L. 26- 023:3 (July 5, 2001). 2015 NOTE: Subsection designations were added in accordance to the authority granted by 1 GCA § 1606. § 12117.1. Exemption From Certain Provisions. In the conducting of any hearing pertaining to the implementation of the provisions of the act authori zing the emergency procurement of generating equipment (P.L. 21-117) the Commission shall be exempt from the provisions of § 12117 of this Chapter. The Commission is requested to act upon any request of the Guam Power Authority ('GPA') having to do with the implementation of such act expeditiously in ord er to enable GPA to timely accept such bids as it has received a s may be approved by the Commission; provided, however, that the Commission’s authority under § 12105 of this Chapte r to determine the need, prudence and timing of contract s and obligations contemplated by such act is recognized and confirmed.

however, that the Commission’s authority under § 12105 of this Chapte r to determine the need, prudence and timing of contract s and obligations contemplated by such act is recognized and confirmed. SOURCE : Added by P.L. 21-117:9 (July 15, 1992). COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 32 § 12118. Just and Reasonable Defined. The term >>just and reasonable == as used in this Article is defined as that rate, charge or assessment cost whi ch enables the public utility to repay its debts, finance its obli gations, finance its capital improvement needs and cover all its operati ng expenses. This Section shall have no application to Article 2 of this Chapter. SOURCE : Added by P.L. 17-074 (Oct. 26, 1984). Repealed a nd reenacted by P.L. 27-110:9 (Nov. 1, 2004). § 12119. Appeals. From every order made by the Commission under provisions of this Chapter which is final, or, if p reliminary, is of the nature that deferral of review pending entry of a subsequent final decision would deprive appellant of adequate relief, an appeal shall lie to the Superior Court of Guam with in thirty (30) calendar days from the

eferral of review pending entry of a subsequent final decision would deprive appellant of adequate relief, an appeal shall lie to the Superior Court of Guam with in thirty (30) calendar days from the date of the order. Failure of the Commission to act upon a rate request change within one hundred twenty (120) days of final filing by a publ ic utility shall be deemed a final order denying said rate request c hange for the purposes of this Section. A >final filing = by a public utility occurs when a utility has filed all documentation necessary to support the re quest for a rate change. The appeal shall be deemed a review of an administrative proceeding and shall not be a trial de novo. The appeal shall not of itself stay the operation of th e order appealed from, but the Superior Court of Guam may stay the o rder after a hearing upon a motion therefor, and may impose such conditions as it may deem proper as to giving a bond and keepi ng the necessary accounts or otherwise in order to secure a restitution of the excess charges, if any, made during the pendenc y of the appeal in case the order appealed from should be su stained, reversed or modified in whole or in part.

in order to secure a restitution of the excess charges, if any, made during the pendenc y of the appeal in case the order appealed from should be su stained, reversed or modified in whole or in part. SOURCE : Added by P.L. 17-074 (Oct. 26, 1984). Amended by P.L. 26- 027:1 (July 5, 2001). 2014 NOTE : Pursuant to P.L. 26-027:2, the first paragraph w as to 'have immediate effect and shall be applied nunc pro tunc to any final filing of COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 33 any agency that pends before the Public Utility Com mission at the time this Act becomes law.' § 12120. Valuations. The Commission may cause a valuation to be made to ascertain for any purpose specified in this Chapter the value of the property of any public utility and every fact a nd element of value which in its judgment may have any bearing on such value. The Commission may make reevaluations and ascertain the value of all additions, extensions and acquisitions of property of any public utility. SOURCE : Added by P.L. 17-074 (Oct. 26, 1984). § 12121. Penalty.

ission may make reevaluations and ascertain the value of all additions, extensions and acquisitions of property of any public utility. SOURCE : Added by P.L. 17-074 (Oct. 26, 1984). § 12121. Penalty. (a) Any public utility violating or neglecting or f ailing in any particular way to conform to or comply with thi s Chapter or any lawful order of the Commission shall forfeit to the Public Utilities Commission not more than Five Hundred Dol lars ($500.00) for every violation, neglect or failure p er day. (b) Any private contractor producing and distributi ng water or disposing of wastewater, as is regulated under § 12116.3 of this Chapter, which does not have a written joint o perating agreement with GWA, or otherwise violates, neglects or fails in any particular way to conform to or comply with the provisions of this Chapter, or any lawful order of the PUC, sh all forfeit to the PUC Five Thousand Dollars ($5,000.00) for every violation, neglect or failure per day until such time as its p ermit and license, if any, are cancelled, or it otherwise cea ses operations. All fines collected are to be deposited to the GWA. SOURCE : Added by P.L. 17-074 (Oct. 26, 1984). Amended by P.L.

its p ermit and license, if any, are cancelled, or it otherwise cea ses operations. All fines collected are to be deposited to the GWA. SOURCE : Added by P.L. 17-074 (Oct. 26, 1984). Amended by P.L. 24- 295:6 (Nov. 21, 1998). § 12122. Perjury. Any person who willfully and knowingly makes under oath any false statement in connection with any investig ation by or proceeding before the Commission shall be guilty of perjury, and upon conviction, shall be subject to the penalty pr escribed by law for the offense. COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 34 SOURCE : Added by P.L. 17-074 (Oct. 26, 1984). § 12123. Partial Invalidity; Severability. If any provision of this Chapter, or the applicatio n thereof to any person or circumstance, is held invalid, the re mainder of the Chapter, or the application of such provision to ot her persons or circumstances, shall not be affected thereby. SOURCE : Added by P.L. 17-074 (Oct. 26, 1984). § 12124. Application to Interstate or Foreign Comme rce. This Chapter and every provision thereof shall appl y to commerce with foreign nations or to interstate comm erce except

-074 (Oct. 26, 1984). § 12124. Application to Interstate or Foreign Comme rce. This Chapter and every provision thereof shall appl y to commerce with foreign nations or to interstate comm erce except insofar as such application is not permitted under the Constitution and laws and treaties of the United St ates or the Organic Act of Guam and the laws of Guam. SOURCE : Added by P.L. 17-074 (Oct. 26, 1984). § 12125. Review of Rates. Operating Cost of Commission. (a) In addition to every other responsibility impos ed upon the Commission by this Chapter, it shall withi n three hundred sixty five (365) days after the Commission first meets conduct review of the rates of every public u tility to determine whether they are just and reasonable and shall take such action thereon to increase or decrease ra tes as it may deem appropriate. (b) It is the intention of the legislature that the Commission shall operate on a self-sustaining basis ; the Commission is authorized to establish by rule and o rder that each public utility regulated under this Chapter sh all be assessed and the Commission shall collect in advanc e on a pro rata basis not to exceed in the aggregate the s um of One Hundred

o rder that each public utility regulated under this Chapter sh all be assessed and the Commission shall collect in advanc e on a pro rata basis not to exceed in the aggregate the s um of One Hundred Thousand Dollars ($100,000) for the payment of the necessary operating expenses of the commission in subsection (a) above. Additional payments may be or dered by the Commission against any special public utilit y regulated hereunder in rate cases or other such com plex matter and proceedings which required the Commissio n to COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 35 secure the review of technical or professional indi viduals or firms for preparation and hearing of such matters a nd proceedings. SOURCE : Added by P.L. 17-074 (Oct. 26, 1984). § 12126. Compliance. Notwithstanding any other provision of law, no rate or charge for any public utility shall become effectiv e without the approval of the Commission. In this respect a publi c utility shall comply with this Chapter in addition to complying w ith any other condition, contractual obligation or obligati on imposed upon it by law. SOURCE : Added by P.L.

this respect a publi c utility shall comply with this Chapter in addition to complying w ith any other condition, contractual obligation or obligati on imposed upon it by law. SOURCE : Added by P.L. 17-074 (Oct. 26, 1984). § 12127. Estimated Billings. Except as provided in § 12128 of this title neither the Guam Waterworks Authority nor the Guam Power Authority m ay bill consumers for consumption based upon estimated usag e. (a) All bills shall be rendered only upon actual readings taken within no more than seventy (70) day s of the billing, provided, that regular bills are sent at a pproximately thirty (30) day intervals, and further provided tha t effective July 1, 1994, all meters shall be read at least eve ry forty (40) days unless the Public Utilities Commission (P UC) has approved a billing plan to read the meters approxim ately every two (2) months and estimate every other bill. (b) All estimated bills shall clearly reflect that they are based on estimated readings. After July 1, 1994, al l estimated billings permitted pursuant to this secti on and § 12128, Title 12, Guam Code Annotated, shall be allo wed only if the PUC has approved a comprehensive billin g plan permitting

, 1994, al l estimated billings permitted pursuant to this secti on and § 12128, Title 12, Guam Code Annotated, shall be allo wed only if the PUC has approved a comprehensive billin g plan permitting estimated readings as permitted by said sections, and has established a formula for determining the e stimated bills and has established a formula to ensure that all under- and over-estimated bills be fully adjusted for actu al usage at the next subsequent billing based on actual usage. COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 36 (c) If a utility fails to read a meter for more th an seventy (70) days, it can only charge the customer for actual usage based upon consumption between the dates of a new actual reading of the customer’s meter and a subseq uent timely reading to determine actual usage, and subse quent timely readings thereafter. (d) In the event of a natural disaster such as a t yphoon, earthquake, tidal wave or other natural disaster or unusual circumstances, the Governor may by executive order, extend this seventy-(70) day period for readings of the utility in question, up to a period of one

tidal wave or other natural disaster or unusual circumstances, the Governor may by executive order, extend this seventy-(70) day period for readings of the utility in question, up to a period of one hundred twenty (120) days, in increments of fifteen (15) days at a time, with any subsequent orders signed at least three (3) day s after the previous order, which orders may not cumulatively e xtend the time for billing beyond a total of one hundred twenty (120) days from the date of the last billing. This section shall not apply in any case where the utility proves that there was fraud or tampering with the meter in question on the part of the consumer or by an agent or employee of the consumer, or where there is proof of fraud, collusi on or conspiracy by the consumer to pay less than the pro per charges to the utility concerned. If the meter in question is inaccessible to the uti lity’s meter readers as a result of the fault of the consumer, a nd the consumer has been notified in writing of such inaccessibilit y, then this section shall not apply and the utility can make es timated billings until the meter is accessible. SOURCE : Added by P.L. 22-053:2 (Dec. 2, 1993).

fied in writing of such inaccessibilit y, then this section shall not apply and the utility can make es timated billings until the meter is accessible. SOURCE : Added by P.L. 22-053:2 (Dec. 2, 1993). 2015 NOTE: Subsection designations were added in accordance to the authority granted by 1 GCA § 1606. NOTE: References to the 'Public Utility Agency of Guam' changed to 'Guam Waterworks Authority' pursuant to P.L. 23-119 :3 (July 31, 1996). § 12128. Back Billing. Neither the Guam Waterworks Authority nor the Guam Power Authority ('GPA') may back bill customers for additional COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 37 consumption of water, sewer, or electric power due to faulty meters or previous billing errors, except as provid ed in this section. (a) In cases of non-functioning or defective meter s, GPA and Guam Waterworks Authority are prohibited fr om back billing customers for additional consumption o f water and power based upon estimated usage except for bac k billing not exceeding the four billing cycles of approximately thirty (30) days each immediately pre ceding the discovery by such utility of the

and power based upon estimated usage except for bac k billing not exceeding the four billing cycles of approximately thirty (30) days each immediately pre ceding the discovery by such utility of the error, and not to exceed four (4) months, for the reasonably estimated usage for such cycles, using reasonable estimates based upon subse quent actual average daily consumption by the consumer ov er a two (2) month period, or other formula, with any su ch other formula to approved by the Public Utilities Commiss ion. (b) In cases of other billing errors or omissions GPA and Guam Waterworks Authority are prohibited from b ack billing customers for additional consumption of wat er, sewer and power except for back billing not exceedi ng the four billing cycles of approximately thirty (30) da ys each immediately preceding the discovery by such utility of the error, and not to exceed four (4) months. (c) The time limitations of this section shall not apply in any case where a meter is shown by the utility t o have been damaged or to be unavailable to be read as a r esult of actions or negligence of the consumer, where there is active fraud or tampering with the meters in question on t he

y the utility t o have been damaged or to be unavailable to be read as a r esult of actions or negligence of the consumer, where there is active fraud or tampering with the meters in question on t he part of the consumer or by an agent or employee of the cons umer, or where there is proof of fraud, collusion or cons piracy by the consumer to pay less than the proper charges fo r water, sewer or power. For purposes of this Section, the burden of proof s hall be on the utility by clear and convincing evidence that t he meters were actually read. SOURCE : Added by P.L. 22-053:3 (Dec. 2, 1993). Amended by P.L. 23- 119:5 (July 31, 1996). COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 38 2015 NOTE: Subsection designations were added in accordance to the authority granted by 1 GCA § 1606. § 12129. Rate Structure Implementation; Renewable Portfolio Standard Incentives; Report. The Guam Public Utilities Commission and the Consolidated Commission on Utilities are the govern ing bodies for electric utility rate and policy. The Guam Pow er Authority shall file with the Guam Public Utilities Commissio n as part of its cost

onsolidated Commission on Utilities are the govern ing bodies for electric utility rate and policy. The Guam Pow er Authority shall file with the Guam Public Utilities Commissio n as part of its cost of service study: (a) recommendations for the implementation of a utility rate structure designed to reward and encou rage consumers to use renewable energy sources found on Guam; (b) the extent that this proposed utility rate stru cture would impact Guam Power Authority coverage ratios, and to ensure that these coverage ratios do not decreas e for a period of five (5) years following the implementati on of this rate structure; (c) findings and recommendations concerning the typ es of incentives offered through the Guam Power Author ity that the Public Utilities Commission could authoriz e for GPA customers in meeting the renewable portfolio standards established in Title 12 GCA § 8311; and (d) report findings and recommendations, including proposed legislation, to I Liheslatura no later than one (1) year after enactment. SOURCE : Added by P.L. 29-062:5 (Apr. 4, 2008). ---------- ARTICLE 2 GUAM TELECOMMUNICATIONS ACT OF 2004 § 12201. Legislative Findings and Intent. § 12202.

no later than one (1) year after enactment. SOURCE : Added by P.L. 29-062:5 (Apr. 4, 2008). ---------- ARTICLE 2 GUAM TELECOMMUNICATIONS ACT OF 2004 § 12201. Legislative Findings and Intent. § 12202. Definitions. COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 39 § 12203. Certificates of Authority for Telecommunic ations Companies. § 12204. Jurisdiction and Authority of the Commissi on. § 12205. Services and Charges. § 12206. Tariffs of Rates and Charges. § 12207. Petitions, Complaints, and Investigations. § 12208. Penalties Recoverable by the Commission. § 12209. Commission Expenses. § 12210. Technical Standards. § 12211. Competition and Regulatory Flexibility. § 12201. Legislative Findings and Intent. (a) This Article shall be known and may be cited as the >Guam Telecommunications Act of 2004. = (1) The privatization of Guam Telephone Authority (>GTA =) requires that I Liheslatura (the Legislature) establish an appropriate regulatory environment for a non- governmental successor to GTA, which shall be known herein as >New GTA = or >NGTA.

ty (>GTA =) requires that I Liheslatura (the Legislature) establish an appropriate regulatory environment for a non- governmental successor to GTA, which shall be known herein as >New GTA = or >NGTA. = (2) It is in the public interest to provide the peo ple of Guam with modern, innovative, accessible, and affor dable telecommunications services and products. (3) A new regulatory environment conducive to competition will promote the development of modern, innovative, accessible, and affordable telecommunic ations services and products for the people of Guam. (4) Investment in telecommunications infrastructure encouraged through competition will further economi c growth in Guam and meet the growing demands of Guam =s consumers. (5) Universally available and affordable basic telecommunications services are essential to the he alth, welfare and prosperity of the people of Guam. (b) Consistent with I Liheslatura =s (the Legislature =s) findings, it is the intent of this Act to: COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 40 (1) Provide an appropriate regulatory environment f or New GTA.

f this Act to: COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 40 (1) Provide an appropriate regulatory environment f or New GTA. (2) Provide the people of Guam with modern, innovative, accessible, and affordable telecommunic ations services and create a regulatory environment conduc ive to the promotion of competition in telecommunications services. (3) Encourage the entry of new providers of telecommunications services, encourage the introduc tion of new telecommunications services and products for th e consumers of Guam, and increase investment in telecommunications infrastructure in Guam. (4) Protect the consumers of Guam during the transi tion to a competitive telecommunications market and ensu re that every person in Guam has access to basic telecommunications services at reasonable and affor dable prices. (5) Create a new regulatory and competitive telecommunications framework consistent with federa l policies and practices in telecommunications, inclu ding the policies and practices found in the Communications Act of 1934, as amended by the Telecommunications Act of 1 996. SOURCE : Added by P.L.

policies and practices in telecommunications, inclu ding the policies and practices found in the Communications Act of 1934, as amended by the Telecommunications Act of 1 996. SOURCE : Added by P.L. 27-110:10 (Nov. 1, 2004). § 12202. Definitions. (a) ‘Carrier of last resort’ = means that telecommunications company who is the sole provider of a telecommunica tions service or who has been designated by the Commissio n as a carrier of last resort. (b) ‘Commercial mobile service’ shall have the mean ing set forth in 47 U.S.C. § 332(d). (c) ‘Commission’ means the Guam Public Utilities Commission. COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 41 (d) ‘Just and reasonable’, as applied to telecommu nications companies, shall be interpreted to be consistent wi th generally accepted regulatory practices in other United State s jurisdictions. (e) ‘New GTA’ or ‘NGTA’ means the entity purchasing the assets and business of Guam Telephone Authority pur suant to duly enacted legislation and such entity ==s successors in interest.

urisdictions. (e) ‘New GTA’ or ‘NGTA’ means the entity purchasing the assets and business of Guam Telephone Authority pur suant to duly enacted legislation and such entity ==s successors in interest. (f) ‘Person’ means any person, firm, partnership, corporation, association, public corporation, gover nmental entity, or other legal entity. (g) ‘Telecommunications’ shall have the meaning set forth in 47 U.S.C. § 153 (43). (h) ‘Telecommunications company’ means any person providing or reselling telecommunications services, but only with respect to the person ==s provision of telecommunications services. (i) ‘Telecommunications service’ means the offering of telecommunications, between originating and termina ting points in Guam, for a fee directly to the general public, or to such classes of users as to be effectively available dir ectly to the public, regardless of the facilities used. SOURCE : Added by P.L. 27-110:10 (Nov. 1, 2004). § 12203. Certificates of Authority for Telecommunic ations Companies. (a) No person shall provide or resell telecommunica tions services in Guam without a certificate of authority issued by the Commission, except that a certificate of authority shall

ations Companies. (a) No person shall provide or resell telecommunica tions services in Guam without a certificate of authority issued by the Commission, except that a certificate of authority shall not be required for any person to provide commercial mobil e service. The provisions of Section 12208 of this Title shall apply in circumstances where a telecommunications company is providing or reselling telecommunications services without a certificate of authority issued by the Commission. On the effective date hereof, New GTA and any other telecommunication company then providing telecommun ications service in Guam shall be deemed to have a certifica te of COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 42 authority under this Article with respect to the telecommunications services then provided by such telecommunications company or, with respect to New GTA, such telecommunications services provided immediate ly prior thereto by GTA (each a >Grandfathered Certificate =). The Commission shall promptly issue Grandfathered Certificates to New GTA and any other such telecomm unications company within sixty (60)

prior thereto by GTA (each a >Grandfathered Certificate =). The Commission shall promptly issue Grandfathered Certificates to New GTA and any other such telecomm unications company within sixty (60) days of the effective dat e hereof. To obtain a Grandfathered Certificate, each telecommunications company other than New GTA shall represent to the Commission that such company and t he intra- Guam telecommunications services it provides are su bject to jurisdiction of the Commission in accordance with t his Act and that the provision of such telecommunications servi ces and the possession of a Grandfathered Certificate do not en title such telecommunications company to any of the rights aff orded to local exchange carriers under the Communications Ac t of 1934, as amended. Any other person that seeks to offer telecommunicat ions services or any certificated telecommunications com pany that seeks to provide new or additional telecommunicatio ns services shall first obtain a certificate or other authority as required by this Section 12203 and the rules and regulations ad opted by the Commission pursuant hereto.

additional telecommunicatio ns services shall first obtain a certificate or other authority as required by this Section 12203 and the rules and regulations ad opted by the Commission pursuant hereto. (b) Applications for a certificate of authority sha ll be in such form and contain such information, including i nformation regarding the financial and technical capability of the applicant, as the Commission may reasonably require. Each appl icant shall publish notice of the application, in a form prescr ibed by the Commission, in a newspaper having general circulati on in Guam. (c) After notice and opportunity for a hearing, the Commission shall approve an application for a certi ficate of authority if the Commission finds both of the follo wing: (1) The applicant possesses sufficient technical, financial, and managerial resources and abilities t o provide COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 43 the telecommunications services in Guam for which i t seeks a certificate of authority; and (2) The granting of a certificate of authority to t he applicant would not be contrary to the public inter est.

telecommunications services in Guam for which i t seeks a certificate of authority; and (2) The granting of a certificate of authority to t he applicant would not be contrary to the public inter est. (d) In appropriate circumstances, the Commission ma y require, as a precondition to certification, the pr ocurement of a performance bond sufficient to cover any advances o r deposits the telecommunications company may collect from its customers, or order that such advances or deposits be held in escrow or trust. (e) The Commission shall approve or deny an applica tion for a certificate of authority within ninety (90) d ays of its having been filed. Failure to approve or deny an applicati on within such ninety (90) days shall be considered an automatic g rant of a certificate of authority. (f) The Commission may upon complaint or its own mo tion, after notice to the affected telecommunications com pany and opportunity for hearing, revoke or suspend a teleco mmunications company ==s certificate of authority for violation of any law , any rule, regulation or order of the Commission, or any term or condition under which the certificate of authority was originally granted.

pany ==s certificate of authority for violation of any law , any rule, regulation or order of the Commission, or any term or condition under which the certificate of authority was originally granted. (g) A telecommunications company shall not sell, as sign, or transfer a certificate of authority, or any portion thereof, issued under this Article, or transfer control of a teleco mmunications company holding a certificate of authority issued u nder this Article, without the prior approval of the Commissi on and a determination by the Commission that the proposed s ale, assignment or transfer satisfies the requirements f or granting a certificate of authority under Subsection (c). Prio r approval shall not be required for transfers of control that do no t result in a substantial change in ultimate ownership of a telecommunications company holding a certificate of authority. The Commission shall issue a decision on a request to sell, assign, or transfer a certificate of authority or t o transfer control within ninety (90) days of the request, which perio d may be COL6/24/202112 GCA AUTONOMOUS AGENCIES CH.

on on a request to sell, assign, or transfer a certificate of authority or t o transfer control within ninety (90) days of the request, which perio d may be COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 44 extended by an additional thirty (30) days for good cause shown and upon prior notice by the Commission to the appl icant(s). (h) A telecommunications company may not cancel a certificate of authority or discontinue or abandon a telecommunications service thereunder unless and un til it shall: (1) Provide at least thirty (30) days advance writt en notice to its customers of such cancellation, disco ntinuance or abandonment; and (2) Provide at least thirty (30) days advance writt en notice to the Commission verifying compliance with subsection (1) hereof, which thirty (30)-day period may run concurrently with the period set forth in subsectio n (1) hereof. The Commission may by rule or orders in specific c ases provide for further notice to affected customers an d disposition of deposits and final bills. Notwithstanding the fo regoing, any carrier of last resort, may not cancel a certificat e of authority or

rovide for further notice to affected customers an d disposition of deposits and final bills. Notwithstanding the fo regoing, any carrier of last resort, may not cancel a certificat e of authority or discontinue or abandon telecommunications service t hereunder unless and until it shall demonstrate, and the Comm ission finds, that such cancellation, discontinuance or abandonme nt will not deprive customers of any necessary or essential telecommunications service or access thereto. SOURCE : Added by P.L. 27-110:10 (Nov. 1, 2004). § 12204. Jurisdiction and Authority of the Commissi on. (a) The Commission may exercise, with respect to telecommunications companies, those general powers and duties prescribed by Article 1 of Title 12, Chapter 12 of the Guam Code Annotated, including, without limitation, thos e powers prescribed by Sections 12102, 12103 and 12115. In t he case of a conflict between the provisions of Article 1 and Ar ticle 2, Article 2 shall apply with respect to telecommunications co mpanies. (b) In addition to the other powers and duties pres cribed by law, the Commission shall have the authority and ju risdiction to implement and enforce the provisions of this Articl e

tions co mpanies. (b) In addition to the other powers and duties pres cribed by law, the Commission shall have the authority and ju risdiction to implement and enforce the provisions of this Articl e through rulemakings or orders. In promulgating rules pursua nt hereto, the COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 45 Commission shall adhere to the principles of due pr ocess, reasonableness, fairness, and non-discrimination; p rovided that the Commission shall make no rule that is contrary to the provisions of this Act. (c) Without limiting the scope of subsection (a), t he Commission shall have the authority and jurisdictio n to: (1) Adopt reasonable rules governing certification of persons providing or reselling telecommunications s ervices and to grant, deny, modify, impose conditions upon, suspend, or revoke a certificate of authority; (2) Determine what are just and reasonable rates, charges, classifications, terms and conditions for any telecommunications service and to adopt Link-Up and Lifeline rates for telecommunications services; (3) Adopt reasonable rules governing the availabili ty and quality

ns, terms and conditions for any telecommunications service and to adopt Link-Up and Lifeline rates for telecommunications services; (3) Adopt reasonable rules governing the availabili ty and quality of telecommunications services provided by telecommunications companies in Guam; (4) Adopt reasonable rules to make telecommunicatio ns services and telecommunications relay services avai lable to the hearing impaired; (5) Make provision for discovery and the protection of trade secrets and confidential information in proce edings before the Commission; (6) Adopt reasonable rules regarding customer billi ng and authorization and verification of a customer ==s selection of telecommunications companies; (7) Adopt reasonable rules to apportion the Commission ==s necessary operating expenses among telecommunications companies for the regulation of such companies and the administration of this Article; (8) Establish reasonable accounting, discrimination , structural separation, affiliate transaction and ot her safeguards consistent with the legislative findings and intent set forth in Section 12201 of this Title; and COL6/24/202112 GCA AUTONOMOUS AGENCIES CH.

al separation, affiliate transaction and ot her safeguards consistent with the legislative findings and intent set forth in Section 12201 of this Title; and COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 46 (9) Designate public interest payphones and establi sh a competitively neutral funding mechanism therefor. (d) The Commission shall apply, to the extent pract icable, generally accepted regulatory practices in other Un ited States jurisdictions. (e) Subject to subsections (c) (5) and (d) of this Section, the Commission shall have access to the books and recor ds of each telecommunications company as may be necessary to e xamine the financial condition of the company, to ensure c ompliance with the provisions of this Article and with the Co mmission =s rules, regulations, and orders and to carry out the Commission =s responsibilities under this Article. (f) Notwithstanding any other provision of law, upo n request or at its own initiative, the Commission sh all order protected from disclosure trade secrets, as defined in Public Law 27-60, Section 7(e), and may order protected from d isclosure any commercial

st or at its own initiative, the Commission sh all order protected from disclosure trade secrets, as defined in Public Law 27-60, Section 7(e), and may order protected from d isclosure any commercial and financial information obtained or su bmitted under this Article. SOURCE : Added by P.L. 27-110:10 (Nov. 1, 2004). § 12205. Services and Charges. (a) The New GTA shall not refuse any reasonable application for telecommunications services which i t is certificated by the Commission to provide; provided , however, that nothing herein shall be construed to prevent a ny telecommunications company from seeking authorizati on as a carrier of last resort. (b) Each telecommunications company offering local exchange service on Guam shall provide access to op erator services and emergency A911 @ services. (c) All rates, charges, classifications, terms and conditions for and in connection with telecommunications servi ces provided by a telecommunications company shall be just and r easonable and shall not unreasonably discriminate between sim ilarly situated customers. COL6/24/202112 GCA AUTONOMOUS AGENCIES CH.

vi ces provided by a telecommunications company shall be just and r easonable and shall not unreasonably discriminate between sim ilarly situated customers. COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 47 (1) Except as provided in Section 12211 of this Ti tle, the Commission shall have the power to determine wh at are just and reasonable rates, charges, classifications , terms and conditions for and in connection with telecommunica tions services provided by telecommunications companies. (2) In making such determination, the Commission may consider such alternatives to traditional rate of return regulation as flexible pricing, banded pricing, inc entive regulation, tariffing of maximum and current rates, modified tariff requirements, detariffing, and othe r such manner and methods of regulation that are deemed consistent with the legislative findings and intent set forth in Section 12201 of this Title. It is the intent of this section to provide the Com mission authority to establish appropriate frameworks gover ning the rates, charges, classifications, terms and conditio ns of telecommunications services

he intent of this section to provide the Com mission authority to establish appropriate frameworks gover ning the rates, charges, classifications, terms and conditio ns of telecommunications services offered by dominant and non- dominant telecommunications companies. (d) A telecommunications company shall not give unreasonable preference or advantage to any person or class of persons when providing telecommunications services or engage in any anti-competitive act or practice. (e) Nothing contained herein shall restrict any telecommunications company from contracting with, o r providing services to, the government of Guam or an y of its agencies or instrumentalities; provided that the te lecom- munications company is properly authorized to offer such services. (f) The buyer of the GTA =s business shall continue, subject to applicable federal law, regulations, and orders, to provide services being provided by GTA to other telecommuni cations companies as of the effective date of the acquisiti on ( >Existing Services =) for a period of sixty (60) days following the acquisition of GTA =s business, on the same terms and conditions as such Existing Services were provided to such tel

acquisiti on ( >Existing Services =) for a period of sixty (60) days following the acquisition of GTA =s business, on the same terms and conditions as such Existing Services were provided to such tel ecommunica- tions companies by GTA immediately prior to such ac quisition. During such sixty (60) day period, at the request o f any other COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 48 telecommunications company, the buyer of the GTA =s business and such telecommunications company shall negotiate in good faith to reach a written agreement, on commercially reasonable terms and consistent with the requirements of the Communications Act of 1934, as amended, and the rul es, regulations and orders of the Federal Communication s Commission, pursuant to which the buyer of the GTA =s business shall provide to such telecommunications company su ch Existing Services that are not then subject to a wr itten agreement or tariff. Thereafter, the buyer of GTA shall provi de such Existing Services in accordance with the terms of s uch written agreement or tariff, subject to applicable federal law, regulations and orders, and

f. Thereafter, the buyer of GTA shall provi de such Existing Services in accordance with the terms of s uch written agreement or tariff, subject to applicable federal law, regulations and orders, and the rules and regulations of the Co mmission (and any future modifications thereto). SOURCE : Added by P.L. 27-110:10 (Nov. 1, 2004). 2015 NOTE: Subsection designations in (c) were added in acco rdance to the authority granted by 1 GCA § 1606. § 12206. Tariffs of Rates and Charges. (a) Unless otherwise ordered by the Commission, all telecommunications companies, except commercial mob ile service providers, shall file a tariff indicating t he rates and charges and the classifications, terms, and conditi ons of its telecommunications services. The tariff shall be in such form, contain such other information, and be made availab le to the public in such manner as the Commission may require by rule or order. (b) Except as provided in subsection (c), no telecommunications company shall make any change in any rate or charge or any classification, term or condition for any telecommunications service in its tariff except aft er thirty (30) days prior notice to the Commission or unless the C

ny change in any rate or charge or any classification, term or condition for any telecommunications service in its tariff except aft er thirty (30) days prior notice to the Commission or unless the C ommission has previously authorized or approved the change. A ny notice hereunder shall be in such form, contain such other information, and be made available to the public in such manner as the Commission may require. (c) Unless otherwise ordered by the Commission or provided by or under authority of this Article, no COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 49 telecommunications company shall provide or resell any telecommunications service unless tariffs relating to that telecommunications service have been filed and the notice period has expired. Unless otherwise ordered by the Commis sion or provided by or under authority of this Article, no telecommunications company shall (1) charge, demand, collect or receive a greater or less or different compensation for such service than the charges specified in its tariffs, (2) refund or remit by any means or device any port ion of the charges so specified, or (3)

ive a greater or less or different compensation for such service than the charges specified in its tariffs, (2) refund or remit by any means or device any port ion of the charges so specified, or (3) extend to any person any privileges or faciliti es or employ or enforce any classifications, terms and co nditions, except as specified in such tariffs. (d) A telecommunications company may discount or re duce any rate or charge for a telecommunications service in its tariff of current rates and charges by filing notice of su ch discount or reduction with the Commission. A discount or reduct ion in any rate or charge under this subsection shall become e ffective without Commission review or approval. (e) Whenever any notice is filed under this Section , the Commission may, upon complaint or its own initiativ e, suspend in whole or in part the operation and effectiveness of any revised rate, charge, classification, term or condition for a period of not more than four (4) months and enter upon an investi gation concerning the lawfulness thereof. After notice to the affected telecommunications company and opportunity for a he aring, the Commission may approve, reject, or approve with con

on an investi gation concerning the lawfulness thereof. After notice to the affected telecommunications company and opportunity for a he aring, the Commission may approve, reject, or approve with con ditions the proposed tariff or make such other order with refer ence thereto as would be proper in a proceeding initiated after such rate, charge, classification, term or condition had becom e effective. In the event the Commission does not reject or approve with conditions the proposed revision within the aforeme ntioned four months, the proposed revision shall be deemed appro ved. (f) The Commission may, in its discretion and for g ood cause shown, modify any requirement in this Section either in COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 50 particular instances or by general order applicable to special circumstances or conditions, except that the Commis sion may not increase the notice period specified in subsect ion (b). SOURCE : Added by P.L. 27-110:10 (Nov. 1, 2004). § 12207. Petitions, Complaints, and Investigations .

ons, except that the Commis sion may not increase the notice period specified in subsect ion (b). SOURCE : Added by P.L. 27-110:10 (Nov. 1, 2004). § 12207. Petitions, Complaints, and Investigations . (a) Any interested person complaining of anything d one or omitted to be done by any telecommunications compan y in violation of this Article or the rules, regulations and orders of the Commission may file a petition or complaint with th e Commission. (b) A petition or complaint filed under this Sectio n shall be in writing, plainly and distinctly state the ground s thereof, and contain all information on which the person intends to rely to support the petition or complaint. Petitions or com plaints that do not meet the requirements of this subsection, or th at the Commission determines are frivolous or fail to stat e a claim, shall be dismissed or suspended pending the receipt by the Commission of the required information. Petitions o r complaints that are accepted for filing shall be promptly forw arded by the Commission to the telecommunications company agains t whom the petition or complaint was filed.

information. Petitions o r complaints that are accepted for filing shall be promptly forw arded by the Commission to the telecommunications company agains t whom the petition or complaint was filed. (c) Unless otherwise ordered by the Commission, for (1) all petitions or complaints involving a dispute of One Thousand Dollars ($1,000.00) or less and (2) at the option of the complainant or the telecommunications company against whom the petitio n or complaint was filed, for a period of sixty (60) days after the petition or complaint is received by the telecommunications company against whom the petition or complaint was filed, the parties shall attempt in good faith to resolve the dispute through alternative me ans. (d) If the petition or complaint is not dismissed o r suspended under subsection (b) or resolved pursuant to subsection (c), the Commission shall provide the COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 51 telecommunications company against whom the petitio n or complaint was filed the opportunity to respond in w riting.

CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 51 telecommunications company against whom the petitio n or complaint was filed the opportunity to respond in w riting. (1) Following the submission of the telecommunications company =s response, the Commission shall conduct a hearing at which the complainant an d the telecommunications company shall have the opportuni ty to be heard. (2) Sections 12109, 12111, 12112, and 12114 of thi s Title shall apply to any investigation and hearing by the Commission under this Section. (3) If, after notice and opportunity for hearing a nd a finding of a violation on the part of the telecommu nications company, the Commission determines that the complai nant is entitled to an award of damages sustained in con sequence of such violation, it may order the telecommunicati ons company to pay to the complainant the sum to which the complainant is entitled. (4) The Commission may also impose attorneys = fees against a party and impose penalties under this Art icle if the Commission determines, after notice and opportunity for hearing, that a party has failed to act in good fai th.

impose attorneys = fees against a party and impose penalties under this Art icle if the Commission determines, after notice and opportunity for hearing, that a party has failed to act in good fai th. (e) Except as otherwise provided in subsection (b), the Commission shall issue a final order resolving the petition or complaint within one hundred eighty (180) days afte r the filing of the petition or complaint; provided, however, th e Commission may extend the time for issuing a final order resol ving the petition or complaint if the principal parties of r ecord agree to such extension. (f) A final order of the Commission shall be subjec t to review as provided by Section 12119 of this Title. SOURCE : Added by P.L. 27-110:10 (Nov. 1, 2004). 2015 NOTE: Subsection designations in (d) were added in acco rdance to the authority granted by 1 GCA § 1606. 2013 NOTE: Subsection designations in subsection (c) were al tered to adhere to the Compiler’s alpha-numeric scheme pursu ant to the authority granted by 1 GCA § 1606. COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 52 § 12208. Penalties Recoverable by the Commission.

ity granted by 1 GCA § 1606. COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 52 § 12208. Penalties Recoverable by the Commission. (a) The Commission, after a hearing conducted after not less than thirty (30) days = notice, shall have the power to impose upon any telecommunications company which willfully violates any law administered by the Commission or any rule, regulation, or order of the Commission, or which willfully fail s, neglects, or refuses to comply with any order after notice there of, a penalty for each offense not to exceed One Thousand Dollars ($1,000.00), which penalty shall be fixed, imposed and collected by the Commission. Each day that such violation, fa ilure, neglect or refusal continues constitutes a separate offense . Penalties collected by the Commission shall be deposited in t he Public Utilities Commission Fund. (b) Any party aggrieved by a decision of the Commis sion under this Section may seek review as provided in S ection 12119 of this Title. (c) The Commission may, at its discretion, institut e in any court of competent jurisdiction a proceeding for in junctive relief to compel

may seek review as provided in S ection 12119 of this Title. (c) The Commission may, at its discretion, institut e in any court of competent jurisdiction a proceeding for in junctive relief to compel compliance with this Article or any Commi ssion rule, regulation or order. SOURCE : Added by P.L. 27-110:10 (Nov. 1, 2004). § 12209. Commission Expenses. (a) Notwithstanding Section 12125(b) of this Title , it is the intention of I Liheslatura (the Legislature) that the costs of regulating telecommunications companies and adminis tering this Article be apportioned among all telecommunications companies operating in Guam. (b) The Commission is authorized to establish by r ule or order that each telecommunications company operatin g in Guam shall be assessed, on a reasonable basis determined by the Commission, for the payment of necessary operating expenses of the Commission in administering this Article. (c) The Commission is further authorized to establ ish by rule or order application and regulatory fees to re cover the cost of providing services to individual telecommunicati ons COL6/24/202112 GCA AUTONOMOUS AGENCIES CH.

rther authorized to establ ish by rule or order application and regulatory fees to re cover the cost of providing services to individual telecommunicati ons COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 53 companies pursuant to this Act including, but not l imited to, the review of applications for certificates of authorit y, review of applications to sell, assign, or transfer a certifi cate of authority or transfer control of a telecommunications company, p rovision of services by the Commission, and review of tariffs a nd revisions thereto. (d) The fees assessed pursuant to this provision m ay be modified from time to time in accordance with the r equirements of this Act and Guam law. (e) It is the intent of I Liheslatura (the Legislature) that the basis of assessment of expenses be consistent with the legislative findings and intent set forth in Section 12201 of t his Title. (f) With regard to any assessment made under this Section, the Commission may require a telecommunications com pany to make an advanced deposit against estimated expenses , subject to true up and may condition the effectiveness of any

ade under this Section, the Commission may require a telecommunications com pany to make an advanced deposit against estimated expenses , subject to true up and may condition the effectiveness of any regulatory action on the timely payment of an assessment. SOURCE : Added by P.L. 27-110:10 (Nov. 1, 2004). 2015 NOTE: Subsection designations were added in accordance to the authority granted by 1 GCA § 1606. § 12210. Technical Standards. (a) The Commission shall, within one (1) year of th e effective date hereof, complete a rulemaking to ado pt minimum technical standards for New GTA, including standard s for: (1) construction and maintenance of plant and equipment; (2) construction and maintenance practices; (3) adequacy of service; (4) basic telephone service standards; (5) standard performance characteristics for custom er lines; (6) interexchange trunking connections; (7) PBX and multichannel lines; COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 54 (8) trouble report response; and (9) adequacy of facilities. (b) Such minimum technical standards shall be adopt ed after consideration of previous Commission

E GUAM TELECOMMUNICATIONS ACT OF 2004 54 (8) trouble report response; and (9) adequacy of facilities. (b) Such minimum technical standards shall be adopt ed after consideration of previous Commission standard s, New GTA actual performance and comparable nationwide st andards. (c) Notwithstanding anything to the contrary in thi s Act, for a period of thirty-six (36) months from the effecti ve date hereof, the Commission shall not be authorized, without the prior consent of New GTA, to adopt financial, infrastruct ure, technical or performance standards or commitments for New GTA that are greater than the scope of the commitments set forth in Schedule 6.10(b) (d) and (e) of that certain Asset Purchase Agreement by and among TeleGuam Holdings, LLC, GTA and the gover nment of Guam, dated as of August 31, 2004, except as req uired by the Communications Act of 1934, as amended, and the rul es, regulations and orders of the Federal Communication s Commission. SOURCE : Added by P.L. 27-110:10 (Nov. 1, 2004). § 12211. Competition and Regulatory Flexibility. (a) Notwithstanding any provision of law, the Commi ssion may, upon its own motion or a petition of an intere sted party, forbear from

(Nov. 1, 2004). § 12211. Competition and Regulatory Flexibility. (a) Notwithstanding any provision of law, the Commi ssion may, upon its own motion or a petition of an intere sted party, forbear from applying any provision of this Article to a telecommunications company or telecommunications se rvice if the Commission determines that: (1) enforcement of such provision is not necessary to ensure that the rates, charges, classifications, te rms and conditions by, for, or in connection with that telecommunications company or telecommunications service are just and reasonable and are not unjustl y or unreasonably discriminatory; (2) enforcement of such provision is not necessary for the protection of consumers; and (3) forbearance from applying such provision is consistent with the public interest and the legisla tive findings and intent set forth in Section 12101 of t his Title. COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 55 (b) In determining what actions, if any, are to be taken under subsection (a), the Commission shall also con sider the extent to which competing telecommunications servic es are available

OF 2004 55 (b) In determining what actions, if any, are to be taken under subsection (a), the Commission shall also con sider the extent to which competing telecommunications servic es are available from competitive providers in Guam and th e ability of competitive providers to make functionally equivale nt or substitute services readily available. Market Share shall not be the sole criterion for making this determination. (c) A telecommunications company shall give notice to its customers if a telecommunications service is to be deregulated or detariffed. The notice shall be included in or on t he bill of each affected customer of the telecommunications company before the effective date of such deregulation or detariff ing. (d) Upon petition of any person or upon its own mot ion, the Commission may rescind its forbearance from any pro vision of this Article if, after notice and hearing, it finds that the conditions set forth in subsection (a) can no longe r be satisfied. SOURCE : Added by P.L. 27-110:10 (Nov. 1, 2004). -------- ARTICLE 3 '911' SURCHARGE NOTE: P.L. 25-055:1-12 (June 30, 1999) added uncodified l aws relating to the '911' Emergency Telephone System.

ed. SOURCE : Added by P.L. 27-110:10 (Nov. 1, 2004). -------- ARTICLE 3 '911' SURCHARGE NOTE: P.L. 25-055:1-12 (June 30, 1999) added uncodified l aws relating to the '911' Emergency Telephone System. Codified pursuant to P.L. 32-096:4 (Nov. 27, 2014): Section 4. The Compil er of L aws shall codify the pro vision s of Public Law 25-55, inclusive of the amendments made by Sections 1 , 2 and 3 of this Act. § 12301. Legislative Findings. § 12302. Authorization to Establish Surcharge. § 12303. Collection of '911 Surcharge.' § 12304. Creation of Special Fund. § 12305. Exemptions from Surcharge. § 12306. Uncollectible Surcharges. § 12307. Definition of '911' Equipment and Systems. § 12308. Yearly Reports. COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 56 § 12309. Confidentiality of Records. § 12310. False '911' Calls. § 12311. Violations of this Act. § 12312. Service Providers Shall Not Charge for '91 1' Calls. § 12313. Public Education. § 12314. [Video Security Cameras in Public Areas.] § 12301. Legislative Findings . I Liheslaturan Guåhan finds that the existing '911' system is antiquated and insufficient for the

Public Education. § 12314. [Video Security Cameras in Public Areas.] § 12301. Legislative Findings . I Liheslaturan Guåhan finds that the existing '911' system is antiquated and insufficient for the Island’s eme rgency reporting needs, and that there is a need to establ ish a new, enhanced '911' system to better protect the health and safety of Island residents. I Liheslaturan Guåhan further finds that in order to fund the new, enhanced '911' system, a sur charge on Local Exchange Telephone Service and Commercial Mob ile Radio Service should be established. SOURCE: P.L. 25-055:1 (June 30, 1999). Codified by the Comp iler as 12 GCA § 12301, Legislative Findings, pursuant to P .L. 32-096:4 (Nov. 27, 2014). § 12302. Authorization to Establish Surcharge . (a) The Public Utilities Commission ('Commission') shall establish and amend, as required, a monthly surchar ge to be known as the ' 911 Surcharge ' to be paid by Local Exchange Telephone and Commercial Mobile Radio Service subsc ribers. (b) The Commission may establish different rates fo r residential, government and business subscribers.

arge ' to be paid by Local Exchange Telephone and Commercial Mobile Radio Service subsc ribers. (b) The Commission may establish different rates fo r residential, government and business subscribers. (c) The 911 Surcharge shall be established by the Commission at a rate not to exceed One Dollar ($1.00) per month per subscriber line telephone service, and at a rate not to exceed One Dollar ($1.00) per month per line number for commercial mobile radio service. (d) The purpose of the '911 Surcharge' is to fund t he just and reasonable expenses of operating and maintainin g the '911' system, which shall be the responsibility of the Gu am Fire Department ('Department'). The Department shall pet ition the Commission, in accordance with Commission rules, fo r the COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 57 establishment of a '911 Surcharge,' and for its ame ndment from time to time; however , the Commission may on its own initiative examine the adequacy of the surcharge at any time. (e) It is the intent of I Liheslaturan Guåhan that the '911 Surcharge' authorized by this Chapter not necessarily provide the total

s own initiative examine the adequacy of the surcharge at any time. (e) It is the intent of I Liheslaturan Guåhan that the '911 Surcharge' authorized by this Chapter not necessarily provide the total funding required for establishing or prov iding the '911' service. (f) In the event the surcharge is insufficient to c over the annual '911' system operating costs, as determined by the Commission, then the Commission shall immediately n otify I Liheslaturan Guåhan of the shortfall, and the Department shall request an appropriation in its annual budget to co ver any such shortfall. (g) In exercising its responsibilities under this A ct, the Commission shall have the powers and duties prescri bed in its enabling legislation, Chapter 12 of Title 12 of the Guam Code Annotated. (h) Surcharge revenues shall not be expended by the Department for the procurement of supplies, equipme nt or services in excess of Five Hundred Thousand Dollars ($500,000.00), without the prior approval of the Commission as to the prudence and reasonableness of the procureme nt. SOURCE: P.L. 25-055:2 (June 30, 1999). Codified by the Co mpiler as 12 GCA § 12302, Authorization to Establish Surcharg e, pursuant to

ssion as to the prudence and reasonableness of the procureme nt. SOURCE: P.L. 25-055:2 (June 30, 1999). Codified by the Co mpiler as 12 GCA § 12302, Authorization to Establish Surcharg e, pursuant to P.L. 32-096:4 (Nov. 27, 2014). § 12303. Collection of '911 Surcharge.' (a) Each Local Exchange Carrier (LEC), Voice Over Internet Protocol (VOIP) provider and Commercial Mo bile Radio Service (CMRS) provider shall collect the surcharge as established by the Commission, and identify such as a separate line item on its invoice. (b) Each LEC, VOIP or CMRS provider shall remit the amounts collected to the Department of Administrati on no later than forty-five (45) days after the end of the month in which the amount is collected. COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 58 (c) Each LEC, VOIP or CMRS provider shall be authorized to deduct from such remittances its actu al expenses incurred for collection services, maintaining the P SAP database, and for reports and audits as may be required by the Commission; provided, such deductions are consistent with a Commission-approved budget for such expenses.

ervices, maintaining the P SAP database, and for reports and audits as may be required by the Commission; provided, such deductions are consistent with a Commission-approved budget for such expenses. (d) The surcharges collected pursuant to this Secti on are not subject to any tax, fee or assessment, nor are they considered revenue of the LEC, VOIP or CMRS provider (e) Each LEC, VOIP or CMRS provider is authorized t o deduct from its '911' receipts, amounts necessary t o cover the Commission's expenses in conducting the regulatory activities required in this Act, to be billed by the Commissio n on a pro- rata basis. (f) For purposes of this Act, a CMRS provider means a provider of wireless cellular, telephone service, o r wireless personal communications service. (g) Subscriber lines are the lines that Incumbent Local Exchange Carriers (I-LEC) use to connect to, and that Competitive Local Exchange Carriers (C-LEC) and Voi ce Over Internet Protocol (VOIP) carriers use to interconne ct to, the local (Guam) telephone exchange. (h) For purposes of this Act, a VOIP provider means a provider of telephone service over the internet, an d within the 671 area code. SOURCE: P.L.

terconne ct to, the local (Guam) telephone exchange. (h) For purposes of this Act, a VOIP provider means a provider of telephone service over the internet, an d within the 671 area code. SOURCE: P.L. 25-055:3 (June 30, 1999). Subsections (g) an d (h) added by P.L. 28-044:2 and :3 (June 6, 2005). Amended by P.L. 32-096:2 (Nov. 27, 2014). Codified by the Compiler as 12 GCA § 12303, Collection of '911 Surcharge,' pursuant to P.L. 32 -096:4 (Nov. 27, 2014). § 12304. Creation of Special Fund. (a) There is hereby created, separate and apart fr om all other funds of the government, the Enhanced 911 Emergency Reporting System Fund (Fund) to be administered by the Department of Administration. COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 59 (b) The Fund is created to provide a source of fun ding for costs associated with an Enhanced 911 Emergency Rep orting System. (c) All the 911 surcharges collected by each LEC, VOIP and CMRS provider shall be deposited in the Fund. (d) The money collected and the interest earned shall be used by the Department solely for enhanced 911 equipment and system costs as described in this

d CMRS provider shall be deposited in the Fund. (d) The money collected and the interest earned shall be used by the Department solely for enhanced 911 equipment and system costs as described in this Act; and for the (1) operations of the 911 call/dispatch center, (2) the purchase/lease/maintenance of E911 hardware/software, to include video security camera s and related equipment, supplies, installation and maint enance services; and (3) system/engineering services related to the installation, maintenance and upgrade of E911 hardware/software. (e) Notwithstanding any other provision of law, no monies in the Fund shall be expended without appropriation by I Liheslatura . (f) Notwithstanding any other provision of law, no monies in the Fund shall be expended for purposes other th an provided for in this Section, without the expressed approval of I Liheslatura . The Fund is exempt from any transfer authority. SOURCE: P.L. 25-055:4 (June 30, 1999). Amended by P.L. 26 -055:2 (Nov. 7, 2001) and P.L. 32-096:3 (Nov. 27, 2014). C odified as 12 GCA § 12304, Creation of Special Fund, pursuant to P.L. 32-096:4 (Nov. 27, 2014). Amended by P.L. 33-041:1 (June 10, 2015).

26 -055:2 (Nov. 7, 2001) and P.L. 32-096:3 (Nov. 27, 2014). C odified as 12 GCA § 12304, Creation of Special Fund, pursuant to P.L. 32-096:4 (Nov. 27, 2014). Amended by P.L. 33-041:1 (June 10, 2015). 2015 NOTE: Subsection designations were added in accordance to the authority granted by 1 GCA § 1606. § 12305. Exemptions from Surcharge. Recipients of life-line rates for local exchange te lephone service, and telecommunication services that are in capable of '911' access, including, but not limited to, inters tate and international interconnections, internet service pr oviders data COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 60 access trunks, paging trunks, inbound trunks for PB X service and leased circuits are exempted from the '911 Surc harge.' SOURCE: P.L. 25-055:5 (June 30, 1999). Codified as 12 GCA § 12305, Exemptions from Surcharge, pursuant to P.L. 32-096: 4 (Nov. 27, 2014). § 12306. Uncollectible Surcharges. (a) Each LEC or CMRS provider collecting the surch arges shall not be responsible for uncollectible surcharges, and s hall have no obligation to take any legal action to enfo rce collection of the

s. (a) Each LEC or CMRS provider collecting the surch arges shall not be responsible for uncollectible surcharges, and s hall have no obligation to take any legal action to enfo rce collection of the surcharge. (b) The LEC or CMRS provider shall provide quarter ly to the Commission a list of the names, addresses and t elephone numbers of any and all subscribers who have identif ied to the LEC or CMRS provider their refusal to pay the '911' fee. (c) Nothing in this Chapter shall be construed to prevent the government from taking appropriate actions to c ollect such surcharges designated by the LEC or CMRS provider a s uncollectible. SOURCE : P.L. 25-055:6 (June 30, 1999). Codified as 12 GCA § 12306, Uncollectible Surcharges, pursuant to P.L. 32-096:4 (Nov. 27, 2014). 2015 NOTE: Subsection designations were added in accordance to the authority granted by 1 GCA § 1606. § 12307. Definition of '911 ' Equipment and System. (a) For purposes of this Act, enhanced 911 equipment means the equipment dedicated to the operation of, or use in, the establishment, operation or maintenance of an enhan ced '911' system, including customer premises equipment, auto matic number identification, or

uipment dedicated to the operation of, or use in, the establishment, operation or maintenance of an enhan ced '911' system, including customer premises equipment, auto matic number identification, or automatic location identi fication controllers and display units, printers, recorders, software and other essential communication equipment required by the system. (b) Enhanced 911 system means a telephone system consisting of network, database and enhanced '911' equipment that uses the single three (3) digit number '911' f or reporting a fire, police, medical or other emergency situation, and that enables the users of a public telephone system to r each a public COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 61 safety answering point ('PSAP') to report emergenci es by dialing '911. ' (c) Enhanced 911 database for wireline service means the subscriber name, address and number; and for wirele ss service means the subscriber name and number, and location consistent with the Federal Communications Commission Order Nu mber 94-102.

means the subscriber name, address and number; and for wirele ss service means the subscriber name and number, and location consistent with the Federal Communications Commission Order Nu mber 94-102. (d) An enhanced 911 system includes the personnel r equired to acquire, install, operate and maintain the syste m. (e) Each LEC and CMRS provider shall be responsible for establishing and maintaining an appropriate network to deliver '911' calls to the PSAP, and in maintaining the dat abase for use in the PSAP. SOURCE: P.L. 25-055:7 (June 30, 1999). Codified as 12 GCA § 12307, Definition of '911' Equipment and System, pursuant to P.L. 32-096:4 (Nov. 27, 2014). § 12308. Yearly Reports. The Department shall prepare and submit to I Maga’lahen Guåhan and to the Speaker of I Liheslaturan Guåhan a yearly assessment report on the enhanced '911' system, to include (a) the number and types of calls received; (b) the number and types of emergencies in which emergency personnel were dispatched; (c) deficiencies, if any , in the system compared to other operations in the United States mainland; (d) new system or equipment changes that will be m ade or required in the future; and (e) any other

c) deficiencies, if any , in the system compared to other operations in the United States mainland; (d) new system or equipment changes that will be m ade or required in the future; and (e) any other information that is useful in evalua ting the effectiveness of the '911'system. SOURCE: P.L. 25-055:8 (June 30, 1999). Codified as 12 GCA § 12308, Yearly Reports, pursuant to P.L. 32-096:4 (Nov. 27, 2014). 2015 NOTE: Subsection designations were added in accordance to the authority granted by 1 GCA § 1606. COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 62 § 12309. Confidentiality of Records. Any record, recording or information, or portions t hereof, obtained by a public agency, or a public safety age ncy, for the purpose of providing services in an emergency, and which reveals the name, address, telephone number or pers onal information about, or information which may identif y any person requesting emergency service by accessing an emerge ncy telephone number '911' system, is confidential, except that such record or information may be disclosed to a public safety agency.

y any person requesting emergency service by accessing an emerge ncy telephone number '911' system, is confidential, except that such record or information may be disclosed to a public safety agency. The exemption applies only to the name, add ress, telephone number or personal information about, or information which may identify any person requesting emergency services or reporting an emergency while such information is in the custody of the public agency or public safety agency provid ing emergency services. A LEC or CMRS provider shall not be liable for damages to any person resulting from or in connection with suc h LEC’s or CMRS provider’s provision of lawful assistance to a ny law enforcement officer in connection with any lawful i nvestigation or other law enforcement activity by such law enfor cement officer, unless the LEC or CMRS provider acted in a wanton or willful manner. SOURCE: P.L. 25-055:9 (June 30, 1999). Codified as 12 GCA § 12309, Confidentiality of Records, pursuant to P.L. 32-096 :4 (Nov. 27, 2014). § 12310. False '911 ' Calls. Whoever accesses the number '911' for the purpose o f making a false alarm, threat, complaint or reportin g false information which

ant to P.L. 32-096 :4 (Nov. 27, 2014). § 12310. False '911 ' Calls. Whoever accesses the number '911' for the purpose o f making a false alarm, threat, complaint or reportin g false information which could result in the emergency res ponse of any public safety agency is guilty of a misdemeanor of the first degree. SOURCE: P.L. 25-055:10 (June 30, 1999). Codified as 12 GCA § 12310, False '911' Calls, pursuant to P.L. 32-096:4 (Nov. 27, 2014).. § 12311. Violations of This Act. (a) Any person or persons who believe that a violat ion of a provision of this Act, or of an order of the Commis sion, has occurred, may file a written complaint to the Commi ssion COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 63 describing such violation. The Commission shall investigate said complaint and arrive at a determination within thir ty (30) days of the complaint submission. (b) Any person or entity that the Commission determ ines has violated any provision of this Act, or any Comm ission order, shall be given proper notice and be allowed a reasonable opportunity to cure the violation.

or entity that the Commission determ ines has violated any provision of this Act, or any Comm ission order, shall be given proper notice and be allowed a reasonable opportunity to cure the violation. (c) Thereafter, in the event of failure to cure, th e Commission may refer the violation to the Attorney General’s Office for prosecution. (d) Any person or persons who, having the responsib ility of complying with this Act or a Commission order, w illfully and knowingly fails to cure such violation shall be fined a civil penalty not to exceed Five Hundred Dollars ($500.00 ) for each day during which such offense occurs, or a criminal penalty of imprisonment for a term not exceeding one (1) year per infraction, or both. Any such fine shall be deposited in the Fund. SOURCE: P.L. 25-055:11 (June 30, 1999). Amended by P.L. 28- 044:4 (June 6, 2005). Codified as 12 GCA § 12311, Violat ions of this Act, pursuant to P.L. 32-096:4 (Nov. 27, 2014). Amended by P.L. 34-169:2 (Dec. 29, 2018). 2015 NOTE: Subsection designations were added in accordance to the authority granted by 1 GCA § 1606. § 12312. Service Providers Shall Not Charge for '911 ' Calls.

d by P.L. 34-169:2 (Dec. 29, 2018). 2015 NOTE: Subsection designations were added in accordance to the authority granted by 1 GCA § 1606. § 12312. Service Providers Shall Not Charge for '911 ' Calls. Any telecommunications service that has the capabil ity of reaching the PSAP by voice communication, including , but not limited to, public and private pay phones, shall not charge for any calls placed to the PSAP by dialing '911.' SOURCE: P.L. 25-055:12 (June 30, 1999). Codified as 12 GCA § 12312, Service Providers Shall Not Charge for '911' Calls, pursuant to P.L. 32-096:4 (Nov. 27, 2014).. § 12313. Public Education. (a) The Department may use monies from its budget to educate the public on the '911' system. COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 64 (b) Education may include, but is not limited to, confirming with all residents their actual street addresses. (c) The Department may reimburse the monies used t o educate the public on the '911' system from the Fun d. SOURCE: P.L. 25-055:13 (June 30, 1999). Codified as 12 GCA § 12313, Public Education, pursuant to P.L. 32-096:4 (Nov. 27, 2014).

monies used t o educate the public on the '911' system from the Fun d. SOURCE: P.L. 25-055:13 (June 30, 1999). Codified as 12 GCA § 12313, Public Education, pursuant to P.L. 32-096:4 (Nov. 27, 2014). 2015 NOTE: Subsection designations were added in accordance to the authority granted by 1 GCA § 1606. § 12314. [Video Security Cameras in Public Areas.] (a) Development of an Implementation Plan. The Gua m Fire Department (GFD) and the Guam Police Departmen t (GPD) shall, with the assistance of other government enti ties and pertinent organizations, develop an Implementation Plan relative to the use of video security cameras in public area s. Entities shall include, but not be limited to, the Office of the Attorney General, the Mayors Council of Guam, Guam Homeland Security - Office of Civil Defense, the Department of Public Works, the Department of Parks and Recreation, the Guam Power Authority, the Office of Technology, and the Guam Visitors Bureau. (b)(1) Rules and Regulations. No later than one hu ndred eighty (180) days following the enactment of this A ct, GFD, GPD, and the Office of the Attorney General shall d evelop the rules and regulations, which shall be adopted pursu ant

r than one hu ndred eighty (180) days following the enactment of this A ct, GFD, GPD, and the Office of the Attorney General shall d evelop the rules and regulations, which shall be adopted pursu ant to the Administrative Adjudication Law, governing the use of video security cameras in public areas. (2) Such rules and regulations shall guide the gov ernment of Guam’s implementation and use of video security cameras within its emergency reporting system, and shall fu rther address basic elements involved with the integration of vid eo security cameras in public areas, including, but not limited to, access to recorded video security camera footage by other gov ernment of Guam entities, including any video security footage recorded and maintained by the Guam Department of Education as a result of electronic security systems implemented pursuant to P.L. 32- 009; COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 65 (3) training requirements for operators with acces s to public video security cameras; and (4) the issuance of public notices for the benefit of residents and business owners within the general vi cinity

training requirements for operators with acces s to public video security cameras; and (4) the issuance of public notices for the benefit of residents and business owners within the general vi cinity where video security cameras are posted that state, in cl ear language, that such location is subject to observation and, i f applicable, recording, by a video security camera. (5) Posted signs shall be installed no less than s even (7) days following the activation of video security cam eras, and shall be in clear language, large type, and in a co nspicuous location plainly visible to persons present in the areas where the video security cameras are installed. Notices need not, however, disclose the precise location of the cameras. (c) Video Security Cameras: Compatibility; Registra tion. All government agencies and other entities, prior t o procuring video security cameras and associated equipment, ma terials, etc. that are to be used to deter and report criminal ac tivity in public areas, shall verify if such devices are compatible with the technical requirements of Guam’s emergency reportin g system, which shall be determined by GFD and GPD.

report criminal ac tivity in public areas, shall verify if such devices are compatible with the technical requirements of Guam’s emergency reportin g system, which shall be determined by GFD and GPD. Both age ncies shall maintain a registry of all video security cam eras used to deter and report criminal activity in public areas in accordance with the rules and regulations required pursuant to Subsection (b) of this Section. (d) Protection of Personal Privacy Rights; and Agai nst Misuse and/or Ineffective Use of Video Security Cam eras, Footage. To the extent possible, the rules and reg ulations required pursuant to Subsection (b) of this Section shall further ensure that video security cameras in public areas protect personal privacy rights. Moreover, such regulation s shall protect against the misuse and/or ineffective use of video security cameras and any footage recorded by such devices. (e) Resource Sharing. In facilitating the integrat ion of video security cameras in public areas, as part of Guam’s emergency reporting system, GFD and GPD shall consi der the availability of resources that may be made availabl e by other government of Guam entities, the U.S.

ras in public areas, as part of Guam’s emergency reporting system, GFD and GPD shall consi der the availability of resources that may be made availabl e by other government of Guam entities, the U.S. Military, the federal COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 66 government, and/or Guam’s private-sector community, including funding support, education and training opportuniti es, and sharing of public safety and law enforcement equipm ent and similar resources, consistent with the rules and re gulations as required pursuant to Subsection (b) of this Section , GFD and GPD shall develop the necessary agreements to embra ce external support. SOURCE: Added as an untitled provision by P.L. 33-041:2 ( June 10, 2015). ---------- ARTICLE 4 THE TASK FORCE ON SUBMARINE CABLES ACT OF 2020 SOURCE: Added by P.L. 35-132:1 (Dec. 29, 2020). § 12401. Title. § 12402. Task Force Composition. § 12403. Duties of the Task Force. § 12404. Task Force Recommendations. § 12401. Title. This Article shall be known and may be cited as 'Th e Task Force on Submarine Cables Act of 2020.' § 12402. Task Force Composition.

he Task Force. § 12404. Task Force Recommendations. § 12401. Title. This Article shall be known and may be cited as 'Th e Task Force on Submarine Cables Act of 2020.' § 12402. Task Force Composition. The Task Force shall be comprised of the following: (a) the Administrator of the Guam Economic Development Authority or his/her designee; (b) the Chairperson of the Public Utilities Commission or his/her designee; (c) the Chief Technology Officer, Office of Technology, or his/her designee; (d) the Director of the Department of Revenue and Taxation or his/her designee; COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 67 (e) the President of the University of Guam or his/ her designee; and, (f) the Speaker of I Liheslaturan Guåhan or his/her designee who shall sit as an ex-officio non-voting member. The Administrator of the Guam Economic Development Authority or his/her designee shall serve as Presid ing Officer of the Task Force. The members of the Task Force shall serve without compensation. § 12403. Duties of the Task Force.

nomic Development Authority or his/her designee shall serve as Presid ing Officer of the Task Force. The members of the Task Force shall serve without compensation. § 12403. Duties of the Task Force. The Task Force shall meet at the call of the Presid ing Officer and make recommendations concerning submari ne cables on Guam. In making recommendations, the Task Force shall hav e the following duties as is feasible, including, but not limited to: (a) review information concerning licensure, taxes, fees, and other existing requirements for owners an d operators of submarine cables on Guam; (b) conduct a feasibility study and provide recommendations involving local tax policy, workfor ce development, and incentive programs promoting the expansion of submarine cable activities and the bro ader telecommunications industry on Guam; (c) identify resources necessary to fund the feasib ility study, including agency resources and grant funding that may be available through the Comprehensive Economic Development Strategy. The Guam Economic Development Authority may draw upon the Public Utilities Commis sion, the Office of Technology, the Department of Revenue and Taxation, and other agencies

omic Development Strategy. The Guam Economic Development Authority may draw upon the Public Utilities Commis sion, the Office of Technology, the Department of Revenue and Taxation, and other agencies for advice and assista nce in developing the feasibility study required herein; (d) receive reports and testimony from individuals, government of Guam agencies, and any other public a nd private organizations; and COL6/24/202112 GCA AUTONOMOUS AGENCIES CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 68 (e) submit a report with its recommendations to I Maga'låhen/Maga'hågan Guåhan and I Liheslaturan Guåhan by June 30, 2022. Any further recommendations shall be transmitted annually thereafter. § 12404. Task Force Recommendations. The Task Force recommendations shall address existi ng statutes and regulations, as well as any proposed c hanges to any federal or local statutes and regulations governing the operation of submarine cables on Guam; any request(s) for tec hnical assistance from the U.S. government; any proposed i nteragency and/or public-private collaboration; and any other actions necessary to promote fair and reasonable incentives and

est(s) for tec hnical assistance from the U.S. government; any proposed i nteragency and/or public-private collaboration; and any other actions necessary to promote fair and reasonable incentives and opportunities for owners and operators of submarine cables to invest in Guam. ---------- COL6/24/2021