Title 12 — Autonomous Agencies

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 Authority or any duly licensed private contractors operating: (1) a facility or subsystem of the community- w…

of Commissioners. There shall be a public corporation and autonomous instrumentality within the government of Guam, to wit, a Public Utilities Commission composed of seven (7) members to be called Commissioners, who shall be selected as follows: (a) I Maga’Lahen Guåhan [Governor …

(a) I Liheslaturan Guåhan finds that the services provided by Public Utilities are basic necessities that the residents of TELECOMMUNICATIONS ACT OF 2004 Guam must receive in order to function in modern life. I Liheslaturan Guåhan also finds that because residents have very littl…

(a) Sections 12102.1 through 12102.2, which shall be known as the Ratepayers’ Bill of Rights, shall in no way restrict the powers of the Public Utilities Commission (Commission) granted in this Chapter to regulate or set rates for a Public Utility. The Ratepayers’ Bill of Rights …

(a) The Commission shall retain on an as needed basis those professional services required by the Commission in the performance of its duties. The Commission may employ administrative staff personnel for the conduct of Commission business. (b) The Commission may also appoint an a…

Notwithstanding any other provision of law, the Public Utilities Commission may meet for purposes of gathering information on utilities and requesting, demanding and accepting reports and documents from regulated utilities, and for other purposes. The Commission may continue in l…

The Commission shall prepare and present to the Governor and to the Speaker of the Legislature, in January of each year, a report respecting its actions during the preceding fiscal year, if any, together with its recommendations respecting legislation. SOURCE: Added by P.L. 17-07…

(a) The Commission shall have regulatory oversight supervision of rates as set forth in this Chapter over each public utility and shall perform the duties and exercise the powers imposed or conferred upon it by this Chapter. (b) The Commission in the discharge of any of its dutie…

(a) The Commission shall have the following powers which it may exercise in carrying out its mandate to regulate rates: (1) to examine the financial records of each public utility including all bank records; (2) the terms and conditions of any contracts with the United States Gov…

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. 2…

(a) Every public utility shall at all times, upon request, furnish to the Commission all information that it may require respecting any of the matters concerning rates and charges, revenues and expenditures which it is given power to investigate, and shall permit the examination …

Etc. (a) In all investigations made by the Commission, and in all proceedings before it, the Commission shall have the same powers respecting administering oaths, compelling the TELECOMMUNICATIONS ACT OF 2004 attendance of witnesses and the production of documentary evidence, and…

The rates, all assessment costs, classifications, charges and rules of every public utility shall be published by the public utility in such manner as the Commission may require, and copies furnished to any person on request. SOURCE: Added by P.L. 17-074 (Oct. 26, 1984).

Whenever an investigation or proceeding is undertaken by the Commission, reasonable notice in writing of such fact and of TELECOMMUNICATIONS ACT OF 2004 the subject or subjects of the investigation or proceeding shall be given to the public utility concerned, and a notice in writ…

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 any evidence desired, and to cross-examine any witness who may be called. SOURCE: Added by P.L. 17-074 (Oct. 26, 198…

A Public Utilities Commission Fund shall be established for the use of the Public Utilities Commission for its operations, consisting of amounts as may be placed therein pursuant to the provisions this of Chapter. SOURCE: Added by P.L. 17-074 (Oct. 26, 1984).

(a) In the hearings before it, the Commission is not bound by the procedures set out in 5 GCA Chapter 5, Article 2, but may establish its own procedures for the conduct of hearings and the admission of evidence. It shall establish its own procedures however, by promulgating rules…

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 a…

(a) All rates, charges, assessments, and costs made or charged by any public utility shall be just and reasonable and in conformance with public law, and shall be filed with the Commission; and no rate, charge or assessment cost shall be established, abandoned, modified, departed…

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).

[Repealed.] SOURCE: Added by P.L. 18-033:26 (May 9, 1986). Codified by Compiler. Repealed by P.L. 23-119:2(c) (July 31, 1996).

Obtained by Private Water Well Operators. Rates shall be established for water obtained by private 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 wate…

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 telephone service that TELECOMMUNICATIONS ACT OF 2004 are consistent with policies and procedures establ…

[Repealed, reserved, or text not separately stated.]

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 system(s), or both, and shall refer recommended rates to the PUC to establish …

(a) The Commission shall hold at least three (3) public 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 location in Central Guam, and one (1) of the…

In the conducting of any hearing pertaining to the implementation of the provisions of the act authorizing 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…

The term >>just and reasonable== as used in this Article is defined as that rate, charge or assessment cost which enables the public utility to repay its debts, finance its obligations, finance its capital improvement needs and cover all its operating expenses. This Section shall…

From every order made by the Commission under provisions of this Chapter which is final, or, if preliminary, 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…

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 and element of value which in its judgment may have any bearing on such value. The Commission may make reevaluatio…

(a) Any public utility violating or neglecting or failing in any particular way to conform to or comply with this Chapter or any lawful order of the Commission shall forfeit to the Public Utilities Commission not more than Five Hundred Dollars ($500.00) for every violation, negle…

Any person who willfully and knowingly makes under oath any false statement in connection with any investigation by or proceeding before the Commission shall be guilty of perjury, and upon conviction, shall be subject to the penalty prescribed by law for the offense. TELECOMMUNIC…

If any provision of this Chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the Chapter, or the application of such provision to other persons or circumstances, shall not be affected thereby. SOURCE: Added by P.L. 17-074 (Oct. 26,…

This Chapter and every provision thereof shall apply to commerce with foreign nations or to interstate commerce except insofar as such application is not permitted under the Constitution and laws and treaties of the United States or the Organic Act of Guam and the laws of Guam. S…

Operating Cost of Commission. (a) In addition to every other responsibility imposed upon the Commission by this Chapter, it shall within three hundred sixty five (365) days after the Commission first meets conduct review of the rates of every public utility to determine whether t…

Notwithstanding any other provision of law, no rate or charge for any public utility shall become effective without the approval of the Commission. In this respect a public utility shall comply with this Chapter in addition to complying with any other condition, contractual oblig…

Except as provided in § 12128 of this title neither the Guam Waterworks Authority nor the Guam Power Authority may bill consumers for consumption based upon estimated usage. (a) All bills shall be rendered only upon actual readings taken within no more than seventy (70) days of t…

Neither the Guam Waterworks Authority nor the Guam Power Authority ("GPA") may back bill customers for additional TELECOMMUNICATIONS ACT OF 2004 consumption of water, sewer, or electric power due to faulty meters or previous billing errors, except as provided in this section. (a)…

Portfolio Standard Incentives; Report. The Guam Public Utilities Commission and the Consolidated Commission on Utilities are the governing bodies for electric utility rate and policy. The Guam Power Authority shall file with the Guam Public Utilities Commission as part of its cos…

(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…

(a) ‘Carrier of last resort’= means that telecommunications company who is the sole provider of a telecommunications service or who has been designated by the Commission as a carrier of last resort. (b) ‘Commercial mobile service’ shall have the meaning set forth in 47 U.S.C. § 3…

Companies. (a) No person shall provide or resell telecommunications 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 mobile service. The provisions of Se…

(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, those powers prescribed by Sections 12102, 12103 and 12115. In…

(a) The New GTA shall not refuse any reasonable application for telecommunications services which it is certificated by the Commission to provide; provided, however, that nothing herein shall be construed to prevent any telecommunications company from seeking authorization as a c…

(a) Unless otherwise ordered by the Commission, all telecommunications companies, except commercial mobile service providers, shall file a tariff indicating the rates and charges and the classifications, terms, and conditions of its telecommunications services. The tariff shall b…

(a) Any interested person complaining of anything done or omitted to be done by any telecommunications company in violation of this Article or the rules, regulations and orders of the Commission may file a petition or complaint with the Commission. (b) A petition or complaint fil…

(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 w…

(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 administering this Article be apportioned among all telecommunications companies operating in Guam. (b) The Com…

(a) The Commission shall, within one (1) year of the effective date hereof, complete a rulemaking to adopt minimum technical standards for New GTA, including standards for: (1) construction and maintenance of plant and equipment; (2) construction and maintenance practices; (3) ad…

(a) Notwithstanding any provision of law, the Commission may, upon its own motion or a petition of an interested party, forbear from applying any provision of this Article to a telecommunications company or telecommunications service if the Commission determines that: (1) enforce…