Guam § 12302 - Authorization to Establish Surcharge.

§ 12302. Authorization to Establish Surcharge.

(a) The Public Utilities Commission (“Commission”) shall

establish and amend, as required, a monthly surcharge to be

known as the “911 Surcharge” to be paid by Local Exchange

Telephone and Commercial Mobile Radio Service subscribers.

(b) The Commission may establish different rates for

residential, government and business subscribers.

(c) The 911 Surcharge shall be established by the

Commission at a rate not to exceed One Dollar ($1.00) per

month per subscriber line telephone service, and at a rate not to

exceed One Dollar ($1.00) per month per line number for

commercial mobile radio service.

(d) The purpose of the “911 Surcharge” is to fund the just

and reasonable expenses of operating and maintaining the “911”

system, which shall be the responsibility of the Guam Fire

Department (“Department”). The Department shall petition the

Commission, in accordance with Commission rules, for the

COL6/24/2021

TELECOMMUNICATIONS ACT OF 2004

establishment of a “911 Surcharge,” and for its amendment from

time to time; however, the Commission may on its own initiative

examine the adequacy of the surcharge at any time.

(e) It is the intent of I Liheslaturan Guåhan that the “911

Surcharge” authorized by this Chapter not necessarily provide

the total funding required for establishing or providing the “911"

service.

(f) In the event the surcharge is insufficient to cover the

annual “911” system operating costs, as determined by the

Commission, then the Commission shall immediately notify I

Liheslaturan Guåhan of the shortfall, and the Department shall

request an appropriation in its annual budget to cover any such

shortfall.

(g) In exercising its responsibilities under this Act, the

Commission shall have the powers and duties prescribed in its

enabling legislation, Chapter 12 of Title 12 of the Guam Code

Annotated.

(h) Surcharge revenues shall not be expended by the

Department for the procurement of supplies, equipment or

services in excess of Five Hundred Thousand Dollars

($500,000.00), without the prior approval of the Commission as

to the prudence and reasonableness of the procurement.