Title 12 — Autonomous Agencies

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…

I Liheslaturan Guåhan finds that the existing “911” system is antiquated and insufficient for the Island’s emergency reporting needs, and that there is a need to establish a new, enhanced “911" system to better protect the health and safety of Island residents. I Liheslaturan Guå…

(a) The Public Utilities Commission (“Commission”) shall establish and amend, as required, a monthly surcharge to be known as the “911 Surcharge” to be paid by Local Exchange Telephone and Commercial Mobile Radio Service subscribers. (b) The Commission may establish different rat…

(a) Each Local Exchange Carrier (LEC), Voice Over Internet Protocol (VOIP) provider and Commercial Mobile 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 CM…

(a) There is hereby created, separate and apart from all other funds of the government, the Enhanced 911 Emergency Reporting System Fund (Fund) to be administered by the Department of Administration. TELECOMMUNICATIONS ACT OF 2004 (b) The Fund is created to provide a source of fu…

Recipients of life-line rates for local exchange telephone service, and telecommunication services that are incapable of “911” access, including, but not limited to, interstate and international interconnections, internet service providers data TELECOMMUNICATIONS ACT OF 2004 acce…

(a) Each LEC or CMRS provider collecting the surcharges shall not be responsible for uncollectible surcharges, and shall have no obligation to take any legal action to enforce collection of the surcharge. (b) The LEC or CMRS provider shall provide quarterly to the Commission a li…

(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 enhanced “911” system, including customer premises equipment, automatic number identification, or automatic locatio…

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 pe…

Any record, recording or information, or portions thereof, obtained by a public agency, or a public safety agency, for the purpose of providing services in an emergency, and which reveals the name, address, telephone number or personal information about, or information which may …

Whoever accesses the number “911” for the purpose of making a false alarm, threat, complaint or reporting false information which could result in the emergency response of any public safety agency is guilty of a misdemeanor of the first degree. SOURCE: P.L. 25-055:10 (June 30, 19…

(a) Any person or persons who believe that a violation of a provision of this Act, or of an order of the Commission, has occurred, may file a written complaint to the Commission TELECOMMUNICATIONS ACT OF 2004 describing such violation. The Commission shall investigate said compla…

Any telecommunications service that has the capability 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 a…

(a) The Department may use monies from its budget to educate the public on the “911” system. TELECOMMUNICATIONS ACT OF 2004 (b) Education may include, but is not limited to, confirming with all residents their actual street addresses. (c) The Department may reimburse the monies u…

(a) Development of an Implementation Plan. The Guam Fire Department (GFD) and the Guam Police Department (GPD) shall, with the assistance of other government entities and pertinent organizations, develop an Implementation Plan relative to the use of video security cameras in publ…

This Article shall be known and may be cited as “The Task Force on Submarine Cables Act of 2020.”

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…

The Task Force shall meet at the call of the Presiding Officer and make recommendations concerning submarine cables on Guam. In making recommendations, the Task Force shall have the following duties as is feasible, including, but not limited to: (a) review information concerning …

The Task Force recommendations shall address existing statutes and regulations, as well as any proposed changes to any federal or local statutes and regulations governing the operation of submarine cables on Guam; any request(s) for technical assistance from the U.S. government; …

This Chapter may be cited as the Public Utilities Fair Practices Act. SOURCE: Enacted as GC §21150 by P.L. 14-030 (May 31, 1977).

As used in this Chapter: (1) Customer means a person standing in contractual relation- ship with the Guam Waterworks Authority or the Guam Power Authority whereby said contract calls for the respective agency to supply the customer with water or power, respectively. (2) Agency me…

A customer who in good faith believes that he has been incorrectly billed for services by an agency or harmed by another action of the agency except a rate increase, may submit a customer complaint to the agency involved. Upon receipt of the customer complaint, and the deposit pa…

(a) If an agency statement is adverse to a customer, the customer may file an appeal with the Commission within thirty (30) days of the issuance of the agency statement. The Commission shall have jurisdiction to resolve the dispute. During the pendency of said appeal, no action a…

The Commission shall promulgate rules and regulations for entertaining the appeals provided by § 13104 of this Chapter. SOURCE: Enacted as GC §21154 by P.L. 14:030 (May 31, 1977). Amended by P.L. 16-049:10 (Dec. 2, 1981); P.L. 20-031:2 (June 29, 1989). ----------

This Chapter may be cited as the Guam Waterworks Authority Act.

As used in this Chapter, unless otherwise indicated: COL 2025-12-23 (a) “Authority” means the Guam Waterworks Authority. (b) “Board” means the Consolidated Commission on Utilities established in Chapter 79 of Title 12 of the Guam Code Annotated. (c) “Director” means a Commissione…

Guam Waterworks Authority is continued in existence as a public corporation. SOURCE: Added by P.L. 23-119:1 (July 31, 1996). Repealed and reenacted by P.L. 26-076:3 (Mar. 12, 2002) to reflect the new Consolidated Commission on Utilities structure.

The Authority shall have, in accordance with the laws applicable to it and its annual budget, the following powers: (a) to produce, treat, transmit, store, distribute and sell water on Guam, and collect, treat and dispose of waste water on Guam; (b) to acquire, in accordance with…

Any contract by the Authority to contract maintenance services relative to sewage pumps, booster pumps, and all pumps and other facilities directly associated with water wells shall be subject to the following provisions: (a) any procurement of service or goods, shall be entirely…

[Renumbered to § 14505.] SOURCE: Added as § 14104.2 by P.L. 29-051:7 (Jan. 2, 2008). Renumbered as 12 GCA § 14505 by the Compiler to harmoniously fit this chapter. COL 2025-12-23

All powers vested in the Authority, except as provided herein, shall be exercised by the Consolidated Commission on Utilities, as established in Chapter 79 of Title 12 of the Guam Code Annotated. SOURCE: Added by P.L. 23-119:1 (July 31, 1996). Repealed and reenacted by P.L. 26-07…

(a) The Board shall appoint a general manager who shall be its chief executive officer and shall serve at its pleasure. The general manager shall, at a minimum, possess the following qualifications: (1) a combined minimum of ten (10) years of documented experience successfully ma…

[Repealed.] SOURCE: Subsection (b) repealed by P.L. 26-015:5 (May 20, 2001). Repealed by P.L. 26-076:17 (Mar. 12, 2002).

(a) The Board shall appoint a chief financial officer who shall serve at its pleasure. The chief financial officer shall be a Certified Public Accountant. (b) The Board shall fix the chief financial officer’s compensation. The chief financial officer shall have full charge and co…

(a) The Board may also appoint a Secretary, a Treasurer, and an Attorney, who all shall serve at the pleasure of the Board and whose duties and compensation shall be fixed by the Board. The Board may appoint one or more assistants to any such office. Any of such offices may be co…