Guam § 12207 - Petitions, Complaints, and Investigations.

§ 12207. Petitions, Complaints, and Investigations.

(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 filed under this Section shall be

in writing, plainly and distinctly state the grounds thereof, and

contain all information on which the person intends to rely to

support the petition or complaint. Petitions or complaints that do

not meet the requirements of this subsection, or that the

Commission determines are frivolous or fail to state a claim,

shall be dismissed or suspended pending the receipt by the

Commission of the required information. Petitions or complaints

that are accepted for filing shall be promptly forwarded by the

Commission to the telecommunications company against whom

the petition or complaint was filed.

(c) Unless otherwise ordered by the Commission, for

(1) all petitions or complaints involving a dispute of

One Thousand Dollars ($1,000.00) or less and

(2) at the option of the complainant or the

telecommunications company against whom the petition or

complaint was filed,

for a period of sixty (60) days after the petition or complaint is

received by the telecommunications company against whom the

petition or complaint was filed, the parties shall attempt in good

faith to resolve the dispute through alternative means.

(d) If the petition or complaint is not dismissed or

suspended under subsection (b) or resolved pursuant to

subsection (c), the Commission shall provide the

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telecommunications company against whom the petition or

complaint was filed the opportunity to respond in writing.

(1) Following the submission of the

telecommunications company=s response, the Commission

shall conduct a hearing at which the complainant and the

telecommunications company shall have the opportunity to

be heard.

(2) Sections 12109, 12111, 12112, and 12114 of this

Title shall apply to any investigation and hearing by the

Commission under this Section.

(3) If, after notice and opportunity for hearing and a

finding of a violation on the part of the telecommunications

company, the Commission determines that the complainant

is entitled to an award of damages sustained in consequence

of such violation, it may order the telecommunications

company to pay to the complainant the sum to which the

complainant is entitled.

(4) The Commission may also impose attorneys= fees

against a party and impose penalties under this Article if the

Commission determines, after notice and opportunity for

hearing, that a party has failed to act in good faith.

(e) Except as otherwise provided in subsection (b), the

Commission shall issue a final order resolving the petition or

complaint within one hundred eighty (180) days after the filing

of the petition or complaint; provided, however, the Commission

may extend the time for issuing a final order resolving the

petition or complaint if the principal parties of record agree to

such extension.

(f) A final order of the Commission shall be subject to

review as provided by Section 12119 of this Title.