Services and Charges

(a)The New GTA shall not refuse any reasonable application for telecommunications services which it is certificated by the Commission to provide; provided, however, that nothing herein shall be construed to prevent any telecommunications company from seeking authorization as a carrier of last resort.

(b)Each telecommunications company offering local exchange service on Guam shall provide access to operator services and emergency A911@ services.

(c)All rates, charges, classifications, terms and conditions for and in connection with telecommunications services provided by a telecommunications company shall be just and reasonable and shall not unreasonably discriminate between similarly situated customers. COL6/24/2021 CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004

(1)Except as provided in Section 12211 of this Title, the Commission shall have the power to determine what are just and reasonable rates, charges, classifications, terms and conditions for and in connection with telecommunications services provided by telecommunications companies.

(2)In making such determination, the Commission may consider such alternatives to traditional rate of return regulation as flexible pricing, banded pricing, incentive regulation, tariffing of maximum and current rates, modified tariff requirements, detariffing, and other such manner and methods of regulation that are deemed consistent with the legislative findings and intent set forth in Section 12201 of this Title. It is the intent of this section to provide the Commission authority to establish appropriate frameworks governing the rates, charges, classifications, terms and conditions of telecommunications services offered by dominant and nondominant telecommunications companies.

(d)A telecommunications company shall not give unreasonable preference or advantage to any person or class of persons when providing telecommunications services or engage in any anti-competitive act or practice.

(e)Nothing contained herein shall restrict any telecommunications company from contracting with, or providing services to, the government of Guam or any of its agencies or instrumentalities; provided that the telecommunications company is properly authorized to offer such services.

(f)The buyer of the GTA=s business shall continue, subject to applicable federal law, regulations, and orders, to provide services being provided by GTA to other telecommunications companies as of the effective date of the acquisition (>Existing Services=) for a period of sixty

(60)days following the acquisition of GTA=s business, on the same terms and conditions as such Existing Services were provided to such telecommunications companies by GTA immediately prior to such acquisition. During such sixty

(60)day period, at the request of any other COL6/24/2021 CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM TELECOMMUNICATIONS ACT OF 2004 telecommunications company, the buyer of the GTA=s business and such telecommunications company shall negotiate in good faith to reach a written agreement, on commercially reasonable terms and consistent with the requirements of the Communications Act of 1934, as amended, and the rules, regulations and orders of the Federal Communications Commission, pursuant to which the buyer of the GTA=s business shall provide to such telecommunications company such Existing Services that are not then subject to a written agreement or tariff. Thereafter, the buyer of GTA shall provide such Existing Services in accordance with the terms of such written agreement or tariff, subject to applicable federal law, regulations and orders, and the rules and regulations of the Commission (and any future modifications thereto).