Senate wants AG to stand-in for PUC

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Posted on Dec 03 2006
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The Senate wants the attorney general to act as the Public Utilities Commission while the new regulatory agency is being formed.

The Upper House late last week passed Senate Bill 15-65, which proposes to allow the attorney general to fulfill some of the functions of the PUC until the first three commissioners have been appointed and confirmed.

According to the bill, the attorney general may temporarily perform the duties of the former Commonwealth Telecommunications Commission, which was abolished with the PUC Act was enacted.

Specifically, the attorney general would be authorized to grant certificates of public convenience and necessity to any telecommunications company, and approve the sale, assignation, transfer, mortgage or other encumbrance of franchises, certificates of public convenience and necessity, substantial assets, and certificates of capital stock of a telecommunications company.

“[T]his legislation is remedial in nature, and should be broadly construed to effect its stated purpose,” states S.B. 15-65, authored by Senate President Joseph M. Mendiola.

The PUC law was enacted a month ago to establish a Public Utilities Commission, but the Fitial administration has yet to name appointees to the agency.

The governor’s appointments board has admitted having difficulty finding individuals to nominate to the commission because the qualifications are too high.

Currently, the PUC law requires that the five-member commission include at least one commissioner who has training in the telephone, water and sewer utilities management; at least one with managerial or engineering experience in the field of power generation; at least one with telephone or cable television experience; and at least one who is a certified public accountant.

But a proposed legislation to lower these requirements is now pending in the Legislature.

Two Japanese-owned companies recently invested in CNMI telecommunications companies. Sumitomo Corp. has subscribed to newly issued shares of Pacific Telecom Inc., buying a 25 percent share in the new capital of the company. Meanwhile, NTT DoCoMo has bought SaipanCell and two other telecom firms on Guam.

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