Guam § 32602 - Legislative Findings and Intent.

§ 32602. Legislative Findings and Intent.

(a) The Legislature finds and declares the following:

(1) There is a substantial governmental and First

Amendment interest in promoting a diversity of views

provided through consumer choice in available providers of

cable television services (hereinafter “cable operators”);

(2) There is a substantial public, governmental, and

First Amendment interest in ensuring that Guam citizenry

living in residential buildings have access to available cable

operators;

(3) Cable operators are important sources of local news,

public affairs, educational, civic and political programming

critical to an informed electorate;

(4) The sale of monopoly rights to residential buildings

through commissions covertly deducted from residents’

cable television subscription fees deprives the citizenry of

the right to choose the news, entertainment, and public

affairs programming they wish to receive, and detracts from

the governmental interest in promoting program diversity;

(5) There is substantial likelihood that absent the

imposition of consumer protection, Guam residents living in

residential buildings will have their First Amendment rights

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deprived by building owners willing to participate in

commission schemes; and,

(6) As a result of the economic incentive that building

owners have to sell monopoly rights of access to their

residents, coupled with the absence of consumer protection

requirements for access, the economic viability of freedom

of choice and competition amongst cable operators will be

seriously jeopardized.

(b) It is the purpose of this act to:

(1) promote and encourage the availability to the public

of the widest possible diversity of views, information and

news sources and services through multiple cable operators;

(2) rely on competition in a free marketplace to achieve

that availability;

(3) ensure that cable operators on Guam continue to

expand their capacity and the programs offered to the public

over their cable systems;

(4) ensure that consumers living in residential buildings

are protected through assuring them access to all available

cable operators;

(5) ensure that no cable operator attempts to gain undue

market power vis-a-vis monopolistic or exclusionary rights

to residential buildings; and

(6) establish a means which protects Guam residents

living in residential buildings against unfair denials of

service from the sale of, or agreements which create,

monopolistic and exclusionary access rights to their

residences.