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 CH. 12 PUBLIC UTILITIES COMMISSION AND THE GUAM 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.