Guam § 12204 - Jurisdiction and Authority of the Commission.

§ 12204. Jurisdiction and Authority of the Commission.

(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 the case of a

conflict between the provisions of Article 1 and Article 2, Article

2 shall apply with respect to telecommunications companies.

(b) In addition to the other powers and duties prescribed by

law, the Commission shall have the authority and jurisdiction to

implement and enforce the provisions of this Article through

rulemakings or orders. In promulgating rules pursuant hereto, the

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Commission shall adhere to the principles of due process,

reasonableness, fairness, and non-discrimination; provided that

the Commission shall make no rule that is contrary to the

provisions of this Act.

(c) Without limiting the scope of subsection (a), the

Commission shall have the authority and jurisdiction to:

(1) Adopt reasonable rules governing certification of

persons providing or reselling telecommunications services

and to grant, deny, modify, impose conditions upon,

suspend, or revoke a certificate of authority;

(2) Determine what are just and reasonable rates,

charges, classifications, terms and conditions for any

telecommunications service and to adopt Link-Up and

Lifeline rates for telecommunications services;

(3) Adopt reasonable rules governing the availability

and quality of telecommunications services provided by

telecommunications companies in Guam;

(4) Adopt reasonable rules to make telecommunications

services and telecommunications relay services available to

the hearing impaired;

(5) Make provision for discovery and the protection of

trade secrets and confidential information in proceedings

before the Commission;

(6) Adopt reasonable rules regarding customer billing

and authorization and verification of a customer==s selection

of telecommunications companies;

(7) Adopt reasonable rules to apportion the

Commission==s necessary operating expenses among

telecommunications companies for the regulation of such

companies and the administration of this Article;

(8) Establish reasonable accounting, discrimination,

structural separation, affiliate transaction and other

safeguards consistent with the legislative findings and intent

set forth in Section 12201 of this Title; and

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(9) Designate public interest payphones and establish a

competitively neutral funding mechanism therefor.

(d) The Commission shall apply, to the extent practicable,

generally accepted regulatory practices in other United States

jurisdictions.

(e) Subject to subsections (c) (5) and (d) of this Section, the

Commission shall have access to the books and records of each

telecommunications company as may be necessary to examine

the financial condition of the company, to ensure compliance

with the provisions of this Article and with the Commission=s

rules, regulations, and orders and to carry out the Commission=s

responsibilities under this Article.

(f) Notwithstanding any other provision of law, upon

request or at its own initiative, the Commission shall order

protected from disclosure trade secrets, as defined in Public Law

27-60, Section 7(e), and may order protected from disclosure any

commercial and financial information obtained or submitted

under this Article.