Guam § 12211 - Competition and Regulatory Flexibility.

§ 12211. Competition and Regulatory Flexibility.

(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) enforcement of such provision is not necessary to

ensure that the rates, charges, classifications, terms and

conditions by, for, or in connection with that

telecommunications company or telecommunications

service are just and reasonable and are not unjustly or

unreasonably discriminatory;

(2) enforcement of such provision is not necessary for

the protection of consumers; and

(3) forbearance from applying such provision is

consistent with the public interest and the legislative

findings and intent set forth in Section 12101 of this Title.

COL6/24/2021

TELECOMMUNICATIONS ACT OF 2004

(b) In determining what actions, if any, are to be taken

under subsection (a), the Commission shall also consider the

extent to which competing telecommunications services are

available from competitive providers in Guam and the ability of

competitive providers to make functionally equivalent or

substitute services readily available. Market Share shall not be

the sole criterion for making this determination.

(c) A telecommunications company shall give notice to its

customers if a telecommunications service is to be deregulated or

detariffed. The notice shall be included in or on the bill of each

affected customer of the telecommunications company before

the effective date of such deregulation or detariffing.

(d) Upon petition of any person or upon its own motion, the

Commission may rescind its forbearance from any provision of

this Article if, after notice and hearing, it finds that the

conditions set forth in subsection (a) can no longer be satisfied.