Guam § 12205 - Services and Charges.

§ 12205. Services and Charges.

(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

carrier of last resort.

(b) Each telecommunications company offering local

exchange service on Guam shall provide access to operator

services and emergency A911@ services.

(c) All rates, charges, classifications, terms and conditions

for and in connection with telecommunications services provided

by a telecommunications company shall be just and reasonable

and shall not unreasonably discriminate between similarly

situated customers.

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(1) Except as provided in Section 12211 of this Title,

the Commission shall have the power to determine what are

just and reasonable rates, charges, classifications, terms and

conditions for and in connection with telecommunications

services provided by telecommunications companies.

(2) In making such determination, the Commission

may consider such alternatives to traditional rate of return

regulation as flexible pricing, banded pricing, incentive

regulation, tariffing of maximum and current rates,

modified tariff requirements, detariffing, and other such

manner and methods of regulation that are deemed

consistent with the legislative findings and intent set forth in

Section 12201 of this Title.

It is the intent of this section to provide the Commission

authority to establish appropriate frameworks governing the

rates, charges, classifications, terms and conditions of

telecommunications services offered by dominant and non-

dominant telecommunications companies.

(d) A telecommunications company shall not give

unreasonable preference or advantage to any person or class of

persons when providing telecommunications services or engage

in any anti-competitive act or practice.

(e) Nothing contained herein shall restrict any

telecommunications company from contracting with, or

providing services to, the government of Guam or any of its

agencies or instrumentalities; provided that the telecom-

munications company is properly authorized to offer such

services.

(f) The buyer of the GTA=s business shall continue, subject

to applicable federal law, regulations, and orders, to provide

services being provided by GTA to other telecommunications

companies as of the effective date of the acquisition (>Existing

Services=) for a period of sixty (60) days following the

acquisition of GTA=s business, on the same terms and conditions

as such Existing Services were provided to such telecommunica-

tions companies by GTA immediately prior to such acquisition.

During such sixty (60) day period, at the request of any other

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telecommunications company, the buyer of the GTA=s business

and such telecommunications company shall negotiate in good

faith to reach a written agreement, on commercially reasonable

terms and consistent with the requirements of the

Communications Act of 1934, as amended, and the rules,

regulations and orders of the Federal Communications

Commission, pursuant to which the buyer of the GTA=s business

shall provide to such telecommunications company such

Existing Services that are not then subject to a written agreement

or tariff. Thereafter, the buyer of GTA shall provide such

Existing Services in accordance with the terms of such written

agreement or tariff, subject to applicable federal law, regulations

and orders, and the rules and regulations of the Commission (and

any future modifications thereto).