Chapter 3

12 GCA AUTONOMOUS AGENCIES CH. 3 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION 1 CHAPTER 3 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION Article 1. Guam Educational Telecommunications Corp oration. Article 2. Guam Film Office. NOTE: In the 1974 Supplement of the 1970 Codes, the Edito r, renumbered sections of this Chapter because duplica te sections already existed. The sections referred to as the source in this Chapter are those sections as enacted by the Legislature in P.L. 12-1 94, not the section numbers assigned in the 1974 Supplement. 2020 NOTE: Pursuant to P.L. 35-048:2 (Nov. 12, 2019) adding a new Article 2 to this Chapter, the Compiler designated a new Article 1 entitled 'Guam Educational Telecommunications Corporation' f or the existing provisions (§§ 3101- 3118) in this Chapter. 2011 NOTE: Pursuant to P.L. 30-018 (Apr. 17, 2009), all futu re references in Guam law made to 'KGTF' or 'KGTF-TV12 ' changed to read and mean 'PBS Guam' except as it refers to its FCC Call Sign and License and the Guam Educational Telecommunications Corporation Charter. ARTICLE 1 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION § 3101. Title. § 3102. Corporation. § 3103.

to its FCC Call Sign and License and the Guam Educational Telecommunications Corporation Charter. ARTICLE 1 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION § 3101. Title. § 3102. Corporation. § 3103. Purposes and Authorized Activities. § 3104. General Powers, Termination Date. § 3105. Board of Trustees. § 3106. Duties of the Board. § 3107. Station Manager of the Facility. § 3108. Salary and Expenses. § 3109. Qualifications of Trustees. § 3110. Board, Miscellaneous Provisions. § 3111. Corporate Use of Funds. § 3112. Annual Reports and Audits. § 3113. Office of Attorney General: Legal Counsel. § 3114. Guam Education Telecommunications Facility. § 3115. Property Transfer. § 3116. Use and Design of the Facility. § 3117. Employees. § 3118. Effective Date. COL1/24/202012 GCA AUTONOMOUS AGENCIES CH. 3 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION 2 § 3101. Title. This Chapter may be cited as the Guam Educational Telecommunications Act of 1974. SOURCE: GC § 61000. § 3102. Corporation. There is hereby created a public corporation to be known as the Guam Educational Telecommunications Corporation hereinafter provided. SOURCE: GC § 61001. § 3103. Purposes and Authorized Activities.

. There is hereby created a public corporation to be known as the Guam Educational Telecommunications Corporation hereinafter provided. SOURCE: GC § 61001. § 3103. Purposes and Authorized Activities. (a) It is the purpose of this Chapter to create a p ublic corporation which will present educational televisi on to the people of Guam and which will involve the people of Guam in its activities to the maximum extent possible. (b) The Corporation is authorized to own, and be t he licensee of that television facility now having the station call sign of KGTF, and any other like facilities which t he Corporation may hereafter acquire, all for the purpose of foste ring cultural and educational growth for the people of Guam, thro ugh the medium of television and electronic visual media. (c) The Corporation is authorized to make studies, cause to be conducted investigations into the needs of the p eople of Guam, and their desires as it relates to the produc tions of the Corporation and programs shown by it. (d) The Corporation is authorized to promulgate th rough its facilities such educational and cultural programmin g as it determines is proper, and to accept from any simila r educational

shown by it. (d) The Corporation is authorized to promulgate th rough its facilities such educational and cultural programmin g as it determines is proper, and to accept from any simila r educational and cultural television stations or networks any pr ogramming which the Corporation desires to present on Guam. (e) The Corporation is authorized to affiliate its elf with any educational and cultural television station or netw ork which would aid its functions on Guam, including, but not limited to such entities as the Public Broadcasting Service, a nd any educational satellite service which may be availabl e. COL1/24/202012 GCA AUTONOMOUS AGENCIES CH. 3 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION 3 (f) The Corporation is authorized to obtain land b elonging to the government of Guam as required to carry out its purposes and objectives, under such terms and tenure as the Legislature may prescribe by appropriate legislation. (g) The Corporation at no time may be authorized t o broadcast commercially. (h) The Corporation is authorized to create and adm inister the Guam Film Office in order to advocate for the Håfa Adai spirit globally. SOURCE: GC § 61002.

be authorized t o broadcast commercially. (h) The Corporation is authorized to create and adm inister the Guam Film Office in order to advocate for the Håfa Adai spirit globally. SOURCE: GC § 61002. Subsection (h) added by P.L. 35-048:3 (Nov. 12, 2019). § 3104. General Powers, Termination Date. The Corporation shall have, and may exercise, the following general powers in carrying on the activities specif ied in § 3103 of this Chapter: (a) To have perpetual succession, unless sooner te rmi- nated by law. (b) To adopt, alter and use a corporate seal, whic h shall be judicially noticed. (c) To adopt, amend and repeal by laws and other r ules, regulations and directives governing the conduct of its business, and the performance of the powers and dut ies granted to or imposed upon it by law. No rule affec ting the general public, as opposed to its employees, shall become effective without first complying with the Administ rative Adjudication Act. (d) To sue and be sued in its corporate name. (e) To determine the character of and the necessit y for its obligations and expenditures and the manner in which they shall be incurred, allowed and paid, subject t o any limitation contained in

me. (e) To determine the character of and the necessit y for its obligations and expenditures and the manner in which they shall be incurred, allowed and paid, subject t o any limitation contained in any appropriation bill pass ed for the Corporation and the conditions or qualifications in any grant or gift received by the Corporation. (f) To acquire, in any lawful manner, any property , real, personal or mixed, tangible or intangible, and to h old, maintain, use and operate the same, and to sell, le ase, COL1/24/202012 GCA AUTONOMOUS AGENCIES CH. 3 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION 4 encumber or otherwise dispose of the same, whenever any of the foregoing transactions are deemed necessary or appropriate to the conduct of the activities author ized by this Chapter, and on such terms and conditions as m ay be prescribed by the Corporation. (g) To enter into and perform such contracts, leas es, grant agreements, cooperative agreements or other t ransac- tions with any agency or instrumentality of the Uni ted States, or with any state, territory or possession, or any political subdivision thereof, or with any person, firm, association or corporation, public or private,

cy or instrumentality of the Uni ted States, or with any state, territory or possession, or any political subdivision thereof, or with any person, firm, association or corporation, public or private, as m ay be deemed necessary or appropriate to the conduct of t he activities authorized by this Chapter, and on such terms and conditions as may be prescribed by the Corporation. (h) To execute all instruments necessary or approp riate in the exercise of any of its functions. (i) To directly employ or contract, with regard to the provisions of the Personnel and Compensation Laws, for the services of such clerical, technical, production an d other employees as may be necessary for the conduct of th e Corporation, to delegate to them such powers and to pre- scribe for them such duties as may be deemed approp riate by the Corporation or as may be set by law, to fix and pay such compensation to them for their services as the Corporation may determine with regard to the provis ions of the government of Guam Personnel and Compensation Laws, to require bonds from such of them as the Cor pora- tion may designate, and to remove and discharge suc h employees and other clerical, technical and

vernment of Guam Personnel and Compensation Laws, to require bonds from such of them as the Cor pora- tion may designate, and to remove and discharge suc h employees and other clerical, technical and product ion personnel, likewise with regard to the provisions o f personnel laws and regulations. (j) To accept gifts, donations of services or of p roperty of any description in aid of any of the activities authorized by this Chapter. (k) To take steps to solicit gifts, donation of se rvices or of property from the general public, from corporati ons and from any other source found by the Corporation in a id of its authorized activities, and to make this source of f inancing a COL1/24/202012 GCA AUTONOMOUS AGENCIES CH. 3 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION 5 major source of funds for the Corporation as soon a s is possible. (l) To request from the Legislature annual appropr ia- tions, and any necessary supplements thereto, said appro- priations shall not exceed fifty percent (50%) of t he total budget to sustain the Corporation and its authorize d activi- ties. Any appropriation authorized by this Subsecti on shall be contingent upon the Corporation’s having matchin g

nt (50%) of t he total budget to sustain the Corporation and its authorize d activi- ties. Any appropriation authorized by this Subsecti on shall be contingent upon the Corporation’s having matchin g funds available in the amount requested at the rati o of one to one. Said appropriation shall be in addition to the funds sought from non-governmental sources, or from feder al grants or assistance, or from any assistance which might be received from quasi- governmental sources other tha n the government of Guam. (m) To construct, equip, operate and maintain faci lities necessary for the creation, production and transmis sion of programs of the type authorized to be shown by the Corpo- ration. This shall specifically include the power t o hold, in its own name, the FCC licenses required for the ope ration of Educational TV Station, KGTF, now owned and operate d by the government of Guam. (n) To create, produce, write, direct and transmit educational and cultural television programming ove r the facilities of the Corporation. (o) To settle and adjust, claims held by it agains t other persons or parties and by other persons or parties against the Corporation.

television programming ove r the facilities of the Corporation. (o) To settle and adjust, claims held by it agains t other persons or parties and by other persons or parties against the Corporation. (p) To take such action and carry on any other ope ra- tions and do all that may be necessary or appropria te to carry out the powers and duties herein or hereafter specifi- cally granted to or imposed upon the Corporation. SOURCE: GC § 61003. § 3105. Board of Trustees. The Corporation shall be governed by a Board of Tr ustees, who shall consist of seven (7) members of the gener al public: one (1) of whom must be employed as a classroom tea cher with at least three (3) years of teaching experience, no ne of whom, COL1/24/202012 GCA AUTONOMOUS AGENCIES CH. 3 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION 6 except the classroom teacher, may be an employee of the government of Guam, who shall be appointed by I Maga =lahen Guahan with the advice of and consent of I Liheslaturan Guahan . The membership representing the general public sh all serve for a term of four (4) years; provided, howev er, that in making the first appointment, I Maga =lahen Guahan shall designate three (3) persons

membership representing the general public sh all serve for a term of four (4) years; provided, howev er, that in making the first appointment, I Maga =lahen Guahan shall designate three (3) persons to serve a one (1) year term, two (2) to serve a three (3) year term and two (2) persons to serve a four (4) year term. If a member appointed under this Sub section shall, during his term of office, permanently departfrom t he Island, resign or otherwise be unable to fulfill the respon sibilities of the position, I Maga =lahen Guahan shall appoint a new member to fill the unexpired term in the same manner as presc ribed for appointment to a new term. All members of the Board shall serve for the term specified or until their successors ar e appointed and qualified. SOURCE: GC § 61004. Amended by P.L. 25-036:1 (June 7, 1999 ). § 3106. Duties of the Board. All functions and powers of the Corporation shall be vested in and be exercised by and under the direction of t he Board of Trustees, which shall be composed of seven (7) memb ers as specified § 3105, above. The Governor shall appoint one (1) member to be chairman. SOURCE: GC § 61005. § 3107. Station Manager of the Facility.

stees, which shall be composed of seven (7) memb ers as specified § 3105, above. The Governor shall appoint one (1) member to be chairman. SOURCE: GC § 61005. § 3107. Station Manager of the Facility. Subject to the advice and consent of the Legislatu re, the Governor of Guam, upon the recommendation of the Bo ard, shall appoint a Station Manager of the facility who shall be responsible to the Board for the day-to-day operati on of the Corporation and shall administer its programs, poli cies and the facility used for and in the production and transmi ssion of the Corporation’s programs. The Station Manager shall s erve a fixed term as specified by the Board, or until his succes sor has been appointed and qualified. The Board shall fix policy and procedure applicable if the Station Manager is unab le, for any reason, to complete his term. The Station Manager s hall not participate in any decision of the Board relative t o the fixing of COL1/24/202012 GCA AUTONOMOUS AGENCIES CH. 3 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION 7 his term, his salary nor on any matter affecting hi s tenure in office, nor shall he vote thereon. SOURCE: GC § 61006, as amended by P.L. 13-093:1 (Nov.

M EDUCATIONAL TELECOMMUNICATIONS CORPORATION 7 his term, his salary nor on any matter affecting hi s tenure in office, nor shall he vote thereon. SOURCE: GC § 61006, as amended by P.L. 13-093:1 (Nov. 14, 1975). § 3108. Salary and Expenses. The Station Manager shall be paid a salary and such other allowances and emoluments as the Board may approve. The salaries of the other employees of the Corporation shall be determined by the Board upon the recommendation of the Station Manager in accordance with the provisions o f 4 GCA Chapter 4. SOURCE: GC § 61007, as amended by P.L. 13-093:2 (Nov. 14, 1975). § 3109. Qualifications of Trustees. The Board members appointed from the general publi c shall be U.S. citizens, and who have resided on Guam for at least six (6) months immediately preceding their appointment, who have demonstrated their interest in public television, a nd who have no direct or indirect interest in commercial broadcast ing on Guam. SOURCE: GC § 61008. § 3110. Board, Miscellaneous Provisions. (a) The Board shall be responsible for the manageme nt, administration, policies and direction of the Corpo ration and shall exercise supervision through the Station Mana ger.

scellaneous Provisions. (a) The Board shall be responsible for the manageme nt, administration, policies and direction of the Corpo ration and shall exercise supervision through the Station Mana ger. (b) The Board shall meet in regular session at le ast once each month, commencing during the fourth month foll owing the enactment of this Chapter, and in special session a s often as it may deem necessary. Meetings of the Board shall be open, except for matters pertaining to the hiring and dis missal of any employee or Station Manager of the Corporation. (c) A majority of the Board shall constitute a qu orum for the transaction of business. The Board shall act by a v ote of at least four (4) of its members. (d) The Board members shall receive no salary for their services on the Board, provided, however, that they may be paid a reasonable per diem not to exceed Fifty Dollars ( $50) for attendance at meetings of the Board and reasonable travel allowance for time spent on official business of th e Corporation, COL1/24/202012 GCA AUTONOMOUS AGENCIES CH. 3 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION 8 except that the Station Manager shall not be paid a ny sums under this clause.

ness of th e Corporation, COL1/24/202012 GCA AUTONOMOUS AGENCIES CH. 3 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION 8 except that the Station Manager shall not be paid a ny sums under this clause. SOURCE: GC § 61009, as amended by P.L. 13-093:3 (Nov. 14, 1975). Subsection (d) amended by P.L. 15-148:22 (Jan. 8, 1 981). 2020 NOTE: P.L. 16-44:21 (Oct. 13, 1981)(Annual Appropriatio ns Act for Fiscal Year 1982), prohibited the payment of pe r diem, stating: 'No person who is a member of any board or commission w ithin the Government of shall be compensated for service on s uch board or commission.' This prohibition was repealed by P.L. 16-115:11:6 (Oct. 7, 1982) (Annual Appropriations Act for Fiscal Year 19 83). § 3111. Corporate Use of Funds. The Corporation is authorized to use its funds, fr om whatever source derived, in the exercise of its cor porate powers and functions. SOURCE: GC § 61010. § 3112. Annual Reports and Audits. The Corporation shall submit to the Governor and t he Legislature a detailed annual report of activities and an audited annual financial report. For this purpose, it shall also submit to the Governor and the Legislature, such other specia l reports as they

islature a detailed annual report of activities and an audited annual financial report. For this purpose, it shall also submit to the Governor and the Legislature, such other specia l reports as they may require from time to time. The Corporation ’s books shall likewise be subject to annual legislative aud it as prescribed by law. SOURCE: GC § 61011. § 3113. Office of Attorney General: Legal Counsel. The Corporation shall utilize the Office of the Att orney General as its legal counsel, unless the Attorney G eneral, in writing, authorizes the Corporation to utilize priv ate counsel. SOURCE: GC § 61012. § 3114. Guam Education Telecommunications Facility. (a) The facility shall consist of the production a nd broad- casting equipment necessary to artistically produce and project television programs. It shall be staffed by respons ible professional and technical employees whose combined efforts will result in meaningful and entertaining televisi on fare. (b) The facility shall be organized under the Sta tion Manager. COL1/24/202012 GCA AUTONOMOUS AGENCIES CH. 3 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION 9 (c) It shall consistently strive to stay abreast of the state of the art

zed under the Sta tion Manager. COL1/24/202012 GCA AUTONOMOUS AGENCIES CH. 3 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION 9 (c) It shall consistently strive to stay abreast of the state of the art and maintain the highest possible levels of programming, concept design and production. It shall study and r ecommend to the Corporation such expansion, modification, exten sion or other change necessary to serve its stated goals and to b est serve the needs of all of the people of Guam. SOURCE: GC § 61013 GC, as amended by P.L. 13-093:4 (Nov. 1 4, 1975). § 3115. Property Transfer. All property, facilities, equipment, supplies, rec ords and file exclusively used, issued or pertaining to the telev ision production section of the Learning Resources Center of the Department of Education or of the University of Gua m and which are now installed or contemplated at the Lear ning Re- sources Center or at the University of Guam and rel ate to the design and function of the facility are hereby tran sferred to the Corporation for its use. The facility shall maintai n and operate such equipment, in conjunction with its own or simi larly acquired equipment as directed by the Corporation t o serve

sferred to the Corporation for its use. The facility shall maintai n and operate such equipment, in conjunction with its own or simi larly acquired equipment as directed by the Corporation t o serve the educational telecommunications needs of the Departm ent of Education, the University of Guam and the general p ublic. The funding for services provided the Department of Edu cation and the University of Guam shall be provided by the Leg islature. SOURCE: GC § 61014. 2009 NOTE: P.L. 28-045:10 (June 6, 2005) changed the name of the Department of Education to the Guam Public School S ystem. P.L. 30- 050:2 (July 14, 2009) reverted the name of the Guam Public School System to the Department of Education. References to Guam Public School System have been changed to Department of Ed ucation pursuant to P.L. 30-050:3. § 3116. Use and Design of the Facility. The facility, under the Station Manager, shall be responsible for carrying out the purposes of the Corporation as provided by law and as directed by the Board of Trustees. The S tation Manager shall establish such divisions as he deems necessary for the proper operation of the facility, including but not limited to Administration,

as directed by the Board of Trustees. The S tation Manager shall establish such divisions as he deems necessary for the proper operation of the facility, including but not limited to Administration, Programming, Production and Enginee ring. Each division shall undertake the tasks and functio ns assigned to it by the Station Manager. COL1/24/202012 GCA AUTONOMOUS AGENCIES CH. 3 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION 10 SOURCE: GC § 61015, as amended by P.L. 13-093:5 (Nov. 14, 1975). § 3117. Employees. (a) The Station Manager shall establish, after app roval of the Board, the conditions of entry to, maintenance in and dismissal from employment in the Corporation not in conflict with the provisions of the Director of Administrati on. Employees shall be provided Workmen’s Compensation coverage, Health Insurance and shall be members of the Guam Retireme nt Fund, provided, that contract employees shall not be memb ers of the Guam Retirement Fund. (b) The Station Manager shall be responsible for recruit- ment of all employees of the Corporation. SOURCE: GC § 61016, as amended by P.L. 13-093:6 (Nov. 14, 1974). Amended by P.L. 28-068:IV:42 and 47 (Sept.

Station Manager shall be responsible for recruit- ment of all employees of the Corporation. SOURCE: GC § 61016, as amended by P.L. 13-093:6 (Nov. 14, 1974). Amended by P.L. 28-068:IV:42 and 47 (Sept. 30, 2005 ), effective January 1, 2006; reference to Civil Service Commiss ion changed to Director of Administration. § 3118. Effective Date. (a) This Chapter shall become effective July 1, 19 75. Within three (3) months after the enactment of this Chapte r, the Governor shall make the required appointments of Bo ard members, and an orderly transition shall be commenc ed to transfer the facility, Television Station KGTF, and personnel from the present organization under Executive Order No. 70-6, dated March 24, 1970, to that established by this C hapter. (b) The Governor and the Corporation shall take a ll steps necessary to transfer the Federal Communications Co mmission license for Station KGTF from the present holder to the Corporation. (c) All employees working exclusively in areas wh ich will become the responsibility of the Corporation upon i ts establishment shall be transferred to the Corporati on without loss of pay or benefits, and shall remain with the Corpo ration for a

wh ich will become the responsibility of the Corporation upon i ts establishment shall be transferred to the Corporati on without loss of pay or benefits, and shall remain with the Corpo ration for a period of not less than six (6) months, unless the Corporation determines that removal is necessary for acts or om issions during their tenure with the Corporation. (d) Upon assumption by the Corporation of the ful l duties transferred to it by the present management of Stat ion KGTF by COL1/24/202012 GCA AUTONOMOUS AGENCIES CH. 3 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION 11 this Chapter, all prior memoranda, Executive Orders and Direc- tor’s orders which are in conflict with this Chapte r are hereby superseded and repealed. SOURCE: GC § 61017. ---------- ARTICLE 2 GUAM FILM OFFICE SOURCE: Added by P.L. 35-048:4 (Nov. 12, 2019). 2020 NOTE: Originally added by P.L. 31-159:1 (Jan. 4, 2012) as Article 4 of Title 12, Chapter 50 (effective 180 days after date of enactment). P.L. 35-048 (Nov. 12, 2019) repealed the article an d stated that '[a]ny property and assets of the Guam Film Office which i s held by the Guam Economic Development Authority shall be transferred immediately to

(Nov. 12, 2019) repealed the article an d stated that '[a]ny property and assets of the Guam Film Office which i s held by the Guam Economic Development Authority shall be transferred immediately to the Guam Educational Telecommunications Corp.'P.L. 35-0 48:4. § 3201. Definitions. § 3202. Guam Film Office. § 3203. Rules and Regulations. § 3204. Powers and Duties. § 3205. Guam Film Office Fund. § 3206. Permits Required. § 3207. General Exemptions. § 3208. Local Production Companies Exempt. § 3209. Applicants and Issuance. § 3210. Indemnification of Government Against Liabi lity. § 3211. Insurance and Bonding Required. § 3212. Effective Date. § 3213. Severability. § 3201. Definitions. (a) Administrator means the Administrator of the Guam Film Office, who shall be the Station Manager of the Guam Educational Telecommunications Corporation or his/h er designee. (b) Board means the Guam Educational Telecommunications Corporation Board of Trustees. (c) Charitable or student films means commercials, motion pictures, television, videotapes, or still photogra phy produced by COL1/24/202012 GCA AUTONOMOUS AGENCIES CH.

Corporation Board of Trustees. (c) Charitable or student films means commercials, motion pictures, television, videotapes, or still photogra phy produced by COL1/24/202012 GCA AUTONOMOUS AGENCIES CH. 3 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION 12 a nonprofit organization that is registered with th e Guam Department of Revenue and Taxation or the Internal Revenue Service as a charitable organization, or is produce d by students of an educational institution, and for which no per son, directly or indirectly, shall receive a profit from the marketi ng and production of the film or from showing the films, t apes, or photos. (d) Commercial films means and includes all activity attendant to filming any entertainment or advertisi ng programs for any media now known or hereafter created. (e) Committee means an Advisory Committee established by the Station Manager. (f) Contractors’ Registry means a list of all Guam licensed businesses, and their contact information, who prov ide services to companies engaged in the film industry. (g) Corporation means the Guam Educational Telecommunications Corporation.

ll Guam licensed businesses, and their contact information, who prov ide services to companies engaged in the film industry. (g) Corporation means the Guam Educational Telecommunications Corporation. (h) Filming/production means and includes all activity attendant to staging or shooting commercial motion pictures, television shows or programs, and commercial still photography, videotapes, computer-based programs, or other visua l reproduction technology now known or hereafter crea ted. The period of filming includes the set-up, strike, and time of photography. (i) Government means the government of Guam, its authorized agents, officers, representatives, and e mployees of departments, agencies, autonomous agencies, offices , or instrumentalities. (j) News media means the photographing, filming or videotaping for the purpose of spontaneous, unplann ed television news broadcasts, or reporting for print media by jo urnalists, reporters, photographers, or camera operators. (k) Person means an individual or business. (l) Private property means any property not owned by the government of Guam on which filming would not interfere with the public’s right-of-way, access, or safety.

on means an individual or business. (l) Private property means any property not owned by the government of Guam on which filming would not interfere with the public’s right-of-way, access, or safety. COL1/24/202012 GCA AUTONOMOUS AGENCIES CH. 3 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION 13 (m) Station Manager means a person appointed in accordance with § 3107 of this Chapter. (n) Studio means a fixed place of business where filming activities (motion or still photography) are regula rly conducted upon the premises. § 3202. Guam Film Office. There is hereby established the Guam Film Office as a division within the Guam Educational Telecommunicat ions Corporation. The Station Manager of the Corporation shall be responsible for the administration of the Guam Film Office and serve as the fiduciary to the Corporation. The Stat ion Manager shall submit a strategic plan to the Board for approval no later than thirty (30) days after the adoption of rules and r egulations. The plan shall be updated every three (3) years. § 3203. Rules and Regulations. (a) Rules and Regulations. The Station Manager shall establish an Advisory Committee that is responsible for the promulgation of rules,

e updated every three (3) years. § 3203. Rules and Regulations. (a) Rules and Regulations. The Station Manager shall establish an Advisory Committee that is responsible for the promulgation of rules, regulations, and fees to gov ern the form, time, and location of filming activity set forth wi thin Guam. The composition of the Advisory Committee shall be as follows: (1) no less than three (3) individuals and representatives of non-governmental organizations t hat have substantial experience in the film, video, and medi a fields; (2) one (1) member shall be I Ge'helo' (the Chair) or a designated alternate from I Kumision I Fino' CHamoru yan I Fina'nå'guen I Historia yan I Lina'la' I Taotao T åno; (3) one (1) member shall be the Guam Historic Preservation Officer or his/her designee; (4) one (1) member shall be from the Guam Visitors Bureau; and (5) one (1) member shall be from the Guam Economic Development Authority. (b) The Committee shall allow for the full participation of any member of the public during its deliberations. COL1/24/202012 GCA AUTONOMOUS AGENCIES CH. 3 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION 14 (c) The rules and regulations shall also provide for the

member of the public during its deliberations. COL1/24/202012 GCA AUTONOMOUS AGENCIES CH. 3 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION 14 (c) The rules and regulations shall also provide for the issuance of permits, notification of permit denial, and a process of appeal. (d) The rules and regulations may also include requ irements for non-local production companies to provide local apprenticeships within the film industry during the course of film production on Guam. (e) The rules, regulations, and fees shall be adopted by the Board of the Guam Educational Telecommunications Corporation and comply with the provisions of the Administrative Adjudication Law, 5 GCA Chapter 9, w ithin ninety (90) days upon the enactment of this Article . (f) The rules and regulations shall be based upon the following criteria: (1) the health and safety of all persons; (2) avoidance of undue disruption of all persons within the affected area; (3) the safety of property in Guam; (4) traffic congestion at particular locations in G uam; and (5) to foster to the maximum extent possible, the accuracy or appropriateness of the presentation, interpretation, and/or usage of tangible and intang ible

stion at particular locations in G uam; and (5) to foster to the maximum extent possible, the accuracy or appropriateness of the presentation, interpretation, and/or usage of tangible and intang ible aspects of the CHamoru culture and heritage that may be practicable in the production of films, videos, aud io recordings, music recordings, computer-generated im agery and other media-related products. 2019 NOTE: Subsection designations altered/added pursuant to authority granted by 1 GCA § 1606. § 3204. Powers and Duties. The Guam Film Office shall have the following powers and duties: (a) to promote, encourage and advertise the use of Guam facilities and services for the production of films, videos, television programs, audio recordings, musi c COL1/24/202012 GCA AUTONOMOUS AGENCIES CH. 3 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION 15 recordings, computer-generated imagery and other me dia- related products; (b) to provide support services to visiting and loc al production companies, including assistance to film, video, audio, and media producers in securing necessary pe rmits or permissions from government of Guam authorized agen ts, officers, representatives and employees of

s, including assistance to film, video, audio, and media producers in securing necessary pe rmits or permissions from government of Guam authorized agen ts, officers, representatives and employees of departme nts, agencies, autonomous agencies, offices or instrumen talities; (c) to develop and update annually a resource guide of viable filming locations in Guam, available vide o and media production facilities, permitting requirement s, and tax incentives; (d) to work in coordination with the Guam Visitors Bureau to conduct and attend trade shows and produc tion workshops to promote Guam to the national and international film industries; (e) to promote and attract business activities in f ilm, video, computer-generated and other media productio n activity in Guam, and take any other administrative action which may improve Guam’s film, video and media production industries in national and international markets; (f) to work in coordination with I Kumision I Fino' CHamoru yan I Fina'nå'guen I Historia yan I Lina'la ' I Taotao Tåno to ensure, to the maximum extent possible, the accuracy or appropriateness of the presentation, interpretation, and usage of tangible and intangibl e

'nå'guen I Historia yan I Lina'la ' I Taotao Tåno to ensure, to the maximum extent possible, the accuracy or appropriateness of the presentation, interpretation, and usage of tangible and intangibl e aspects of the CHamoru culture and heritage in the production of films, videos, audio recordings, music recordings, computer-generated imagery and other media-related products; (g) to accept any funds, gifts, donations, bequests or grants of funds from private, federal, and public sources for the purposes of this Article; (h) to create a 'one stop permitting' process for t he film industry by formulating and proposing rules and reg ulations for standardized permits which shall be used by the government of Guam, its authorized agents, officers, representati ves and COL1/24/202012 GCA AUTONOMOUS AGENCIES CH. 3 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION 16 employees of departments, agencies, autonomous agen cies, offices, or instrumentalities, in accordance with t he requirements set forth in this Article; (i) to work in coordination with the Guam Historic Preservation Officer to ensure the integrity of his toric and cultural sites; (j) to require at its discretion, non-local

set forth in this Article; (i) to work in coordination with the Guam Historic Preservation Officer to ensure the integrity of his toric and cultural sites; (j) to require at its discretion, non-local product ion companies to provide local apprenticeships within t he film industry during the course of film production on Gu am. Such requirements may take into account the size of the production and other factors the Guam Film Office deems approp riate; and (k) to establish a Contractors’ Registry, which shall be provided to all potential film companies upon writt en request and made available via the Guam Film Office’s websi te. § 3205. Guam Film Office Fund. (a) There is established a Fund to be known as the Guam Film Office Fund, which shall be administered by the Board for the Guam Film Office and be maintained separate and apart from any other funds of the government of Guam, includin g the General Fund. (b) Independent records and accounts shall be maintained in connection therewith. All proceeds deposited in the Guam Film Office Fund shall be appropriated to the Corporation for the administration, equipment, operations, the developm ent of facilities, and for other purposes

ith. All proceeds deposited in the Guam Film Office Fund shall be appropriated to the Corporation for the administration, equipment, operations, the developm ent of facilities, and for other purposes necessary to car ry out this Article. (c) All funds collected from fees, charges, or fine s levied pursuant to this Article shall be deposited in the Guam Film Office Fund, and all interest earned by the Guam Fi lm Office Fund shall accrue. (d) Any unencumbered funds remaining in the Guam Fi lm Office Fund at the end of each fiscal year shall remain in the Fund. (e) The Guam Film Office Fund shall be subject to audits by the Office of Public Accountability. COL1/24/202012 GCA AUTONOMOUS AGENCIES CH. 3 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION 17 2020 NOTE: Subsection designations added pursuant to authority granted by 1 GCA § 1606. § 3206. Permits Required. (a) Permit Required. No person shall use any govern ment street, alley, sidewalk, park, pier, way, or other public property owned or controlled by the government of Guam for t he purpose of making commercial films without first applying f or and receiving a permit from the Guam Film Office Admini strator or his/her designee;

ed or controlled by the government of Guam for t he purpose of making commercial films without first applying f or and receiving a permit from the Guam Film Office Admini strator or his/her designee; provided, that the provisions of this Article shall not apply to or be construed to affect (1) news media; and (2) filming solely for private/family use. (b) No person shall use any private property for th e purpose of making commercial films without first ap plying for and receiving a permit from the Guam Film Office Ad ministrator or his/her designee. Notwithstanding the foregoing, the provisions of this Article shall not apply to or be construed to affect the following filming on private property: (1) filming which requires no parking variances and uses no public property or rights-of-way on public propert y; (2) filming which does not impair the quiet enjoyment of the surrounding properties; (3) filming which does not involve the use of any pyrotechnic devices; (4) a licensed business which regularly employs a licensed pyrotechnic operator; (5) filming by news media; (6) filming solely for private/family use; or (7) filming which does not interfere with the public’s use of

usiness which regularly employs a licensed pyrotechnic operator; (5) filming by news media; (6) filming solely for private/family use; or (7) filming which does not interfere with the public’s use of government property. (c) Except as provided herein, each applicant must comply with all local and federal laws and regulations and must obtain all necessary permits and licenses as a preconditio n for the commencement of commercial film production hereunde r. Thereafter, the permittee shall remain in full compliance with all COL1/24/202012 GCA AUTONOMOUS AGENCIES CH. 3 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION 18 local and federal laws, regulations, permits and li censes throughout the filming. (d) Upon reasonable notice by the applicant, the Administrator or his/her designee is authorized, up on showing of good cause, to change the conditions under which a permit has been issued; provided, that the requirements of thi s Article are met and the government of Guam department, agency, autonomous agency, office or instrumentality can un dertake all necessary administrative review within the time req uested. § 3207. General Exemptions.

and the government of Guam department, agency, autonomous agency, office or instrumentality can un dertake all necessary administrative review within the time req uested. § 3207. General Exemptions. The provisions of this Article shall not apply to or affect: (a) Guam Educational Telecommunications Corporation and companies providing services or par tnering on station projects. (b) News Media. Reporters, photographers, or camera operators in the employ of a newspaper, news servic e, or similar entity, engaged in the on-the-spot broadcas ting of news events concerning those persons, scenes or occurrences which are in the news and of general pu blic interest, including sporting events. (c) Private/Family Use. The filming or videotaping of motion pictures solely for private/family use. (d) Charitable Films and Student Films. Projects produced by a nonprofit organization that is regist ered with the Guam Department of Revenue and Taxation or the Internal Revenue Service as a charitable organizati on or produced by a student(s) of an educational institut ion. (e) Small Crews. If the crew does not exceed four (4) persons and there is no extensive use of props, equ ipment, cast or other

ganizati on or produced by a student(s) of an educational institut ion. (e) Small Crews. If the crew does not exceed four (4) persons and there is no extensive use of props, equ ipment, cast or other participants, the small crew shall be exempt if the following conditions are met: (1) the crew is filming a parade, demonstration or other special event, and has obtained all permis sion that may be required. The exemption shall allow them to operate on the same basis as a citizen with a ca mera; COL1/24/202012 GCA AUTONOMOUS AGENCIES CH. 3 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION 19 (2) pedestrian and vehicular traffic is not altered; (3) no special parking provisions are included; (4) no stunt work is performed; (5) permission is obtained from controlling authorities to use government of Guam property, oth er than sidewalks and streets; (6) permission is obtained from owners to use private property where applicable; and (7) the production company or film crew ensures, to the maximum extent possible, the accura cy or appropriateness of the presentation, interpretat ion, and usage of tangible and intangible aspects of the CHamoru culture and heritage as may be practicable in

ximum extent possible, the accura cy or appropriateness of the presentation, interpretat ion, and usage of tangible and intangible aspects of the CHamoru culture and heritage as may be practicable in the production of films, videos, audio recordings, music recordings, computer-generated imagery and other media-related products. § 3208. Local Production Companies Exempt . In addition to the General Exemptions authorized in § 3207 of this Article, the provisions of this Article and the rules, regulations, and requirements authorized herein shall not apply to or affect local production companies if: (a) the production company was incorporated in Guam; (b) the principal owner(s) is a resident of Guam an d has filed individual tax returns in Guam for a peri od of at least three (3) years; (c) the production company maintains its headquarters in Guam; (d) the production company is licensed to do busine ss in Guam; (e) the daily operations of the production company are managed by a resident of Guam; and (f) the production company ensures, to the maximum extent possible, the accuracy or appropriateness of the COL1/24/202012 GCA AUTONOMOUS AGENCIES CH.

on company are managed by a resident of Guam; and (f) the production company ensures, to the maximum extent possible, the accuracy or appropriateness of the COL1/24/202012 GCA AUTONOMOUS AGENCIES CH. 3 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION 20 presentation, interpretation, and usage of tangible and intangible aspects of the CHamoru culture and heritage as may be practicable in the production of films, vide os, audio recordings, music recordings, computer-generated im agery and other media-related products. § 3209. Applicants and Issuance. (a) Issuing Authority. The issuing authority shall be the Guam Film Office Administrator. (b) Applications. Each application for filming unde r this Article must be completed in full and filed with th e Administrator or his/her designee. (c) The permit application shall be in a form the Administrator or his/her designee may reasonably re quire. In lieu of the foregoing, the applicant may submit the perm it application on the form adopted and in use by the Guam Film Off ice. (d) The Administrator or his/her designee may refer the application to such appropriate government departme nt, agency, autonomous agency, office or instrumentality

d in use by the Guam Film Off ice. (d) The Administrator or his/her designee may refer the application to such appropriate government departme nt, agency, autonomous agency, office or instrumentality as are directly impacted by the application, and as he/she deems ne cessary from the nature of the application for review, evaluatio n, investigation, and recommendations by the department, agency, auto nomous agency, office or instrumentality regarding approva l or disapproval of the application. (e) The Administrator or his/her designee shall issue a permit under this Article if it is determined that the following criteria have been met: (1) the proposed use will not unreasonably interfere with or endanger the public peace or rights of near by residents to the quiet, peaceful enjoyment of their property, or otherwise be detrimental to the public peace, he alth, safety or general welfare; (2) the proposed use will not unduly impede, obstruct or interfere with the operation of emergency vehicl es or equipment in or through the permit area, or adverse ly affect the government’s ability to perform municipal funct ions or COL1/24/202012 GCA AUTONOMOUS AGENCIES CH.

peration of emergency vehicl es or equipment in or through the permit area, or adverse ly affect the government’s ability to perform municipal funct ions or COL1/24/202012 GCA AUTONOMOUS AGENCIES CH. 3 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION 21 furnish government services in the vicinity of the permitted area; and (3) the proposed use will not constitute a fire or safety hazard and all proper safety precautions will be ta ken as is reasonably necessary to protect the public peace, h ealth, safety or general welfare. (f) The Administrator or his/her designee shall deny the permit if the conditions of this Article and all ap plicable laws and regulations have not been met or if the applica tion contains incomplete or false information. No permit shall be denied without a clear written explanation of the reasons compelling a denial and the process by which said denial may be appealed. (g) The Administrator or his/her designee may immediately revoke or suspend a permit which has be en granted if the conditions of this Article and all applicabl e laws and regulations are no longer being met, or if the info rmation supplied by the applicant becomes, or is determined to be, false

en granted if the conditions of this Article and all applicabl e laws and regulations are no longer being met, or if the info rmation supplied by the applicant becomes, or is determined to be, false or incomplete, or if any substantial change in circ umstances results in the proposed use becoming detrimental to the public peace, health, safety or general welfare. (h) The Administrator or his/her designee shall conduct production site inspections, monitoring, and enforc ement of this Article. (i) Reimbursement for Personnel. The production company shall reimburse the relevant government of Guam agency for any personnel provided to the company (i .e. police, fire, traffic control, medical personnel) for the p urpose of assisting the production. Any cost shall be negotiated, and approved, prior to the shoot date. A fee for issuan ce of the permit shall be set by the Advisory Committee. § 3210. Indemnification of Government Against Liabi lity. Prior to and as a condition precedent to the granti ng of a permit under this Article, each applicant shall agree to indemnify, defend and hold the government of Guam, its authorized agents, officers, representatives and em ployees harmless

the granti ng of a permit under this Article, each applicant shall agree to indemnify, defend and hold the government of Guam, its authorized agents, officers, representatives and em ployees harmless from and against any and all losses, damag es, claims, causes of action, costs, liabilities, penalties, ju dgments and COL1/24/202012 GCA AUTONOMOUS AGENCIES CH. 3 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION 22 expenses, including without limitation, defense cos ts and reasonable legal fees, resulting from any and all c laims or damage of any nature, including any accident, loss or damage to persons or property which the government may incur and which arise from or relate to any activity conducted by t he permittee or any of its agents, employees, representatives, cont ractors or consultants in connection with the rights granted i n the permit or under this Article. The form of the indemnification agreement shall be as determined by the Attorney General of Guam. § 3211. Insurance and Bonding Required. (a) Liability Insurance. As a condition of the issu ance of a permit hereunder, every permittee must procure and maintain in full force and effect during the term of the permit a

nd Bonding Required. (a) Liability Insurance. As a condition of the issu ance of a permit hereunder, every permittee must procure and maintain in full force and effect during the term of the permit a policy (or policies) of insurance from an insurance company li censed to do business in Guam, naming the government of Guam, it s officers, employees and agents as coinsured for protection ag ainst claims of third persons for any and all liability of permi ttee with respect to its obligations and liabilities under its permit and this Article, and its indemnities, including, but not limited to, commercial general liability insurance on an 'occurrence' basi s against claims for personal injury, including death, bodily injury or property damage liability, and in an amount no less than One Million Dollars ($1,000,000), or which otherwise pr ovides sufficient coverage that the Administrator or his/h er designee determines to be necessary and adequate under the circumstances. (1) The certificate of insurance shall not be subject to cancellation or modification until after thirty (30 ) days’ written notice to the Guam Film Office.

sary and adequate under the circumstances. (1) The certificate of insurance shall not be subject to cancellation or modification until after thirty (30 ) days’ written notice to the Guam Film Office. Prior to th e issuance of any permit, a copy of the certificate o f insurance shall be provided to the Insurance Commissioner. (2) A copy of the certificate will remain on perman ent file. (b) Worker’s Compensation Insurance. An applicant shall conform to all applicable federal and local require ments for worker’s compensation insurance for all persons ope rating under a permit. COL1/24/202012 GCA AUTONOMOUS AGENCIES CH. 3 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION 23 (c) Hold Harmless Agreement. An applicant shall execute a hold harmless agreement as provided by the govern ment of Guam and incorporated within the permit issued unde r this Article. (d) Faithful Performance Bond. To ensure cleanup an d restoration of any public property involved in the filming, the permittee may be required to post a refundable fait hful performance bond (amount to be determined by the ru les and regulations), cash surety or other comparable form of security guarantee at the time the application

equired to post a refundable fait hful performance bond (amount to be determined by the ru les and regulations), cash surety or other comparable form of security guarantee at the time the application is submitted. Upon completion of filming, cleanup and restoration, and a satisfactory inspection of the site by the Guam Film Office Admi nistrator or his/her designee, the bond may be returned to the a pplicant. 2020 NOTE: Subsection designations added pursuant to authority granted by 1 GCA § 1606. § 3212. Effective Date. This Article shall be effective one hundred eighty (180) days after the date of enactment. § 3213. Severability. If any provision of this Article or its application to any person or circumstance is found to be invalid or co ntrary to law, such invalidity shall not affect other provisions or applications of this Article that can be given effect without the i nvalid provision or application, and to this end the provisions of t his Article are severable. ---------- COL1/24/2020