Title 4, Economic Resources

Procedure for Implementing or Modifying, Rates, Charges or Rents. The following procedures shall apply when implementing or modifying changes in rates, charges, and rents for an entity’s services unless the Commission determines that these should not apply to the formula or proce…

Suspension of Proposed Rates, Charges or Rents. (a) After having initiated a hearing to consider a proposed rate change and while said hearing and the decision on same are pending, the Commission may suspend the application of said rate, charge, or rent in full or in part, for a …

Fixing of Just and Reasonable Rates, Charges and Rents. (a) If, as part of a complaint, or an authorization process for changing rates, charges, or rents, or under an investigation order issued by the Commission at its own initiative, the Commission determines after holding a hea…

Service Outages. The Commission may order a regulated entity to credit or rebate its customers a proportion of such customer’s basic service fee if there has been a service outage or a series of service outages and such outage or outages has been determined by the Commission to b…

Complaints to the Commission; Violations and Penalties. (a) Customer complaints to the Commission regarding the operation of a regulated entity shall be filed in writing with the Commission. The Commission shall take up such complaints with the regulated entity, in an effort to b…

Judicial Review. Any person aggrieved by a final Action of the Commission may seek judicial review pursuant to 1 CMC § 9112 et seq. within thirty days of its issuance. Such review shall be limited to questions of law, the record established, and issues raised before the Commissio…

Interim Rules and Regulations. Except as provided herein, the regulations, standards, procedures, and all other such aspects related to the regulation of the functions and operations of the regulated entities that may be in force when this Act becomes effective, shall continue to…

Rates, Charges and Assessments. All rates, charges, assessments, and costs made or charged by any public utility shall be just and reasonable and in conformance with public law. (a) The Commission shall regulate all rates, charges, assessments including but not limited to connect…

Divestiture of Capital. All public utilities shall obtain prior approval of the Commission for the significant divestiture, transference of operations, sale or lease of production or transmittal of electrical, water, or wastewater facilities and/or transmissions systems. (a) Appr…

Expansion of Production Facilities. All public utilities must obtain prior approval of the Commission for the significant purchase of capital for the production or transmission of electricity, water, or treatment of wastewater. (a) Approval of purchase is subject to preliminary a…

Certification of Public Utility Companies. (a) (1) Certification Required. Any public utility company interested in providing or operating a service in the Commonwealth shall request, obtain, and maintain a valid certificate of public convenience and necessity from the Commission…

Additional Definitions. The following additional definitions apply to this Article: (a) “Federal Communications Act of 1934” means the Federal Communications Act of 1934, 47 U.S.C. § 151 et seq., as amended, which includes the Federal Telecommunications Act of 1996; (b) “Gross Re…

Transfers and Capitalization. (a) Transfers. Franchises, certificates of public convenience and necessity, substantial assets as defined by regulation, and certificates of capital stock of a telecommunications company, as well as direct or indirect control of a person or corporat…

Compliance: Standards of Service and Facilities. (a) General Standard. Every telecommunications company shall supply and maintain adequate and efficient telecommunications services, where economically feasible, on all Commonwealth islands. Unjust or unreasonable discriminations i…

Insurance. The Commission shall have the authority to require telecommunications companies to insure for such amounts and against such risks as the Commission determines to be reasonably necessary to guarantee the payment by said companies or their directors, officials, employees…

Forbearance of Rate Regulation to Facilitate Competition. (a) In accordance with the provisions of this section, the Commission shall forbear regulation as to rates, tariffs, fares, or charges to facilitate competition and shall authorize the provision of all or any portion of re…

Duty to Interconnect. (a) The purpose of this section is to implement specific provisions of the Federal Telecommunications Act of 1996, Public Law 104-104. (b) (1) Each telecommunications carrier shall perform the duties enumerated in 47 U.S.C. § 251(a). (2) Each local exchange …

Voluntary Negotiation of Interconnection Agreements. Upon receiving a request for interconnection, services, or network elements, an incumbent local exchange carrier may negotiate and enter into a binding agreement with the requesting telecommunications carrier or carriers. The a…

Mediation of Interconnection Agreements. Upon the written request of any party negotiating an agreement for interconnection with another telecommunications carrier, the Commission may designate a mediator, who may be a Commission member, to mediate any differences arising in the …

Arbitration of Interconnection Issues. (a) The Commission has the authority to arbitrate any open interconnection issues pursuant to 47 U.S.C. § 252(b), as it existed on February 8, 1996. (b) During the period from the 135th to the 160th day, inclusive, after the date on which an…

Approval of Arbitration Decision. (a) If the Commission has not approved or rejected in its entirety an agreement adopted by arbitration within thirty days of submission by the parties, the agreement is considered approved. (b) The Commission may reject the agreement only if the …

Approval of Interconnection Agreements. (a) Within thirty days of filing of an interconnection agreement adopted by negotiation of the parties to an agreement, the Commission shall approve or reject the agreement, or the agreement is considered approved. (b) The Commission may re…

Determination of Eligible Carrier Status — Universal Service Support. (a) The Commission is authorized to designate telecommunications carriers as eligible for Federal Universal Service support, in accordance with 47 U.S.C. § 214(e)(l) and 47 U.S.C. § 254, and for any CNMI univer…

Discounts for Schools, Libraries, Youth Learning Centers and Health Care Providers. The Commission is authorized to establish intra-Commonwealth discounts to schools, libraries, youth learning centers and health care providers and to perform administrative functions necessary as …

Additional Duties as to Telecommunication. With respect to telecommunication companies, the Commission shall: (a) Ensure that there shall be no discrimination in services (including the types, quality or pricing of services offered) by reason of location, race, sex, origin, relig…

Regulations. The Commission shall coordinate with the Federal Communication Commission (FCC) to adopt specific regulations for its designated telecommunication service providers to preserve and advance universal service, contribute on an equitable and nondiscriminatory basis to u…

Certification of Telecommunication Companies. (a) (1) Certification Required. Any telecommunications company interested in providing or operating a telecommunications service in the Commonwealth shall request, obtain, and maintain a valid certificate of public convenience and nec…

Wireless Service Coverage Maps. (a) Establishment of Wireless Service Coverage Maps. All commercial wireless service providers are required to make available a map of the geographic area for which such provider is licensed to provide commercial wireless service depicting: (1) The…

Cellular Prepaid and MiFi Credits: 90-Day Expiration Date. (a) Telecommunication companies shall impose a 90-day expiration date on cellular prepaid cards and MiFi credits and allow customers to continue using the credits purchased to its full value during the 90-day period. (b) …

Regulation of Cable Television. The Legislature finds that currently the only means of direct public local television coverage services is through cable television. It further finds that need for adequate access to quality cable television services is in the best interest of the …

Rates, Charges, and Assessments. (a) All rates, charges, assessments, and costs made or charged by any cable television shall be just and reasonable and in conformance with federal law. (b) The Commission shall regulate rates, charges, assessments, including but not limited to, c…

Public, Educational, Governmental Access Channel. Cable television companies shall be subject to Section 8426 of this Chapter; provided that cable television companies may be eligible for a discounted annual charge imposed by Section 8426(c)o f this Chapter as determined by the C…

Rule-making. The Commission shall promulgate rules and regulations necessary to implement the provisions of this Act. Source: PL 15-35, § 2 (8461), modified.

Title. This chapter may be known as the Right To Work Act of 1995. Source: PL 9-48, § 1. Commission Comment: PL 9-48 took effect September 5, 1995. According to PL 9-48, § 2: Section 2. Legislative Findings; Policy. (a) The legislature finds that workers must be protected without…

Denial of Right to Work for Membership or Nonmembership in Labor Organization Declared to be Against Public Policy. It is hereby declared to be public policy of the Commonwealth that the right of persons to work shall not be denied or abridged on account of membership or nonmembe…

Certain Acts Required of Employee as Condition of Employment or Continuance of Employment Made Unlawful. It shall be unlawful for any employer: (a) To require any employee, as a condition of employment, or of continuance of employment, to be or become or remain a member or affili…

Contract Requiring or Prohibiting Labor Union Membership Void. A contract is void if it requires that to work for an employer, employees or applicants for employment: (a) Must be or may not be members of a labor union; or (b) Must remain or may not remain members of a labor union…

Agreement Between Employer and Labor Organization Denying Nonmembers Right to Work or Requiring Union Membership Unlawful. Any agreement or combination between any employer and any labor organization whereby persons not members of such labor organization shall be denied the right…

Fee for Privilege to Work Prohibited. A labor union, a labor organizer, or an officer, member, agent, or representative of a labor union may not collect, receive, or demand, directly or indirectly, a fee as a work permit or as a condition for the privilege to work from a person w…

Deduction of Labor Organization Membership Dues From Wages. Nothing in this chapter shall preclude any employer from deducting from the wages of the employees and paying over to any labor organization, or its authorized representative, membership dues in a labor organization; pro…

Interference with Right to Work, Compelling Labor Organization Membership, Picketing and the Like Made Unlawful. It shall be unlawful for any person, acting alone or in concert with one or more persons: (a) By force, intimidation, violence or threats thereof, or violent or insult…

Labor Organization Contract Violating Right to Work Provisions. It shall be unlawful for any labor organization to enter into or seek to effect any agreement, contract or arrangement with any employer declared to be unlawful by this chapter. Source: PL 9-48, § 10.

Penalties. Any employer, labor organization or other person whomsoever who shall violate any provision of this chapter shall be guilty of a misdemeanor, and, upon conviction thereof in any court of competent jurisdiction, shall be punished by imprisonment for not less that 10 nor…

Remedy for Violations of Rights; Relief Which Court May Grant. Any person whose rights are adversely affected by any contract, agreement, assemblage or other act or thing done or threatened to be done and declared to be unlawful or prohibited by this chapter shall have the right …

Applicability of Right to Work Provisions. The provisions of this chapter shall not apply to any contract, otherwise lawful, in force and effect on September 5, 1995, but they shall apply to all contracts thereafter concluded and to any renewal or extension of existing contracts.…

Labor Management Relations Act. The provisions of this chapter shall not be construed to conflict with provisions of the Labor-Management Relations Act [29 U.S.C. § 141 et seq.] which are applicable to the Commonwealth pursuant to the Covenant. Source: PL 9-48, § 14.