(a) The Commission may exercise, with respect to telecommunications companies, those general powers and duties prescribed by Article 1 of Title 12, Chapter 12 of the Guam Code Annotated, including, without limitation, those powers prescribed by Sections 12102, 12103 and 12115. In the case of a conflict between the provisions of Article 1 and Article 2, Article
2 shall apply with respect to telecommunications companies.

(b) In addition to the other powers and duties prescribed by law, the Commission shall have the authority and jurisdiction to implement and enforce the provisions of this Article through rulemakings or orders. In promulgating rules pursuant hereto, theTELECOMMUNICATIONS ACT OF 2004

Commission shall adhere to the principles of due process, reasonableness, fairness, and non-discrimination; provided that the Commission shall make no rule that is contrary to the provisions of this Act.

(c) Without limiting the scope of subsection (a), the
Commission shall have the authority and jurisdiction to:

(1) Adopt reasonable rules governing certification of persons providing or reselling telecommunications services and to grant, deny, modify, impose conditions upon, suspend, or revoke a certificate of authority;

(2) Determine what are just and reasonable rates, charges, classifications, terms and conditions for any telecommunications service and to adopt Link-Up and Lifeline rates for telecommunications services;

(3) Adopt reasonable rules governing the availability and quality of telecommunications services provided by telecommunications companies in Guam;

(4) Adopt reasonable rules to make telecommunications services and telecommunications relay services available to the hearing impaired;

(5) Make provision for discovery and the protection of trade secrets and confidential information in proceedings before the Commission;

(6) Adopt reasonable rules regarding customer billing and authorization and verification of a customer==s selection of telecommunications companies;

(7) Adopt reasonable rules to apportion the Commission==s necessary operating expenses among telecommunications companies for the regulation of such companies and the administration of this Article;

(8) Establish reasonable accounting, discrimination, structural separation, affiliate transaction and other safeguards consistent with the legislative findings and intent set forth in Section 12201 of this Title; andTELECOMMUNICATIONS ACT OF 2004

(9) Designate public interest payphones and establish a competitively neutral funding mechanism therefor.

(d) The Commission shall apply, to the extent practicable, generally accepted regulatory practices in other United States jurisdictions.

(e) Subject to subsections (c) (5) and (d) of this Section, the Commission shall have access to the books and records of each telecommunications company as may be necessary to examine the financial condition of the company, to ensure compliance with the provisions of this Article and with the Commission=s rules, regulations, and orders and to carry out the Commission=s responsibilities under this Article.

(f) Notwithstanding any other provision of law, upon request or at its own initiative, the Commission shall order protected from disclosure trade secrets, as defined in Public Law
27-60, Section 7(e), and may order protected from disclosure any commercial and financial information obtained or submitted
under this Article.

SOURCE: Added by P.L. 27-110:10 (Nov. 1, 2004).