(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 rightsdeprived 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.

SOURCE: Added by P.L. 23-068:1 (Feb. 26, 1995).