USVI Public Records

of Members of Commission (a) The following services provided by an individual, firm, co-partnership, public or private partnership, association, public or private corporation, autonomous governmental instrumentality or agency or other person for compensation are declared to be affected with a public interest and are defined to be a public utility subject to this chapter, and the person providing such service to be a "public utility". (1) telephone service; (2) water supply services; except retail deliveries; (3) electric power service; (4) public marine passenger transportation services operating under government grant of exclusive franchise; (5) Waste management service provided by the Virgin Islands Waste Management Authority or any successor agency; (6) Voice over Internet Protocol (VoIP) service providers. (b) None of the foregoing services shall be deemed to be a public utility under this chapter, when supplied by the Federal Government. (c) Any public utility service supplied by a government owned or created corporation or authority must be regulated in the same manner as rates for public utility services furnished by a private entity. (d) As used herein, the word "Commission" shall mean the Public Services Commission of the Virgin Islands as continued and established by the provisions of section 137 of Title 3. (e) No member of the Commission shall have any financial interest in, or be an agent or employee of, or any public utility subject to this chapter. (f) All utilities, including government owned or created corporations or authorities, regulated by the Public Services Commission are subject to the full regulatory powers and authority of this chapter. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181; amended May 22, 1970, No. 2722, § 2, Sess. L. 1970, p. 122; July 11, 1973, No. 3460, § 2, Sess. L. 1973, p. 165; Nov. 18, 1976, No. 3906, § 11, Sess. L. 1976, p. 228; July 5, 2002, No. 6533, § 17, Sess. L. 2002, p. 428; May 7, 2003, No. 6578, § 4, Sess. L. 2003, p. 10; amended Aug. 3, 2021, No. 8471, § 2(a)(1)(A)-(D), (2), (3), Sess. L. 2021, p. 112; amended Dec. 31, 2024, No. 8957, § 2(b)(1), Sess. L. 2024, p. -.

(a) Declaration of Findings. The Legislature finds and declares that: (1) The regulated services provided by public utilities are basic necessities that the residents of the Virgin Islands must receive in order to function in modern life, and because residents have very little choice in purchasing these basic necessities, they are held captive to the rates and rate increases of the public utilities. (2) Any rate increase diminishes the amount of hard-earned wages residents have to spend on other basic necessities, such as food, shelter and clothing, as well as the amount of hard-earned wages they have to set aside for retirement, college, emergencies or a family business. (3) While an increase in utility rates is inevitable, any such rate increases must be made out of absolute necessity, and only after every prudent cost-cutting effort has been made and every other available option has been exhausted while not diminishing the quality of the services provided. (4) The rights of ratepayers are fundamental rights and will be known as the "Virgin Islands Ratepayers' Bill of Rights," which rights provide safeguards for utility ratepayers in the territory. Virgin Islands Ratepayers enjoy the following rights as they pertain to regulated services they receive from public utilities. (b) Virgin Islands Ratepayers' Bill of Rights (1) A public utility may not submit a proposal for a rate increase without first providing a copy of the proposal to the ratepayers by including a copy of the proposal in the public utility's billing statements at least 60 days before the public utility submits the proposal and by causing a copy of the petition to be published in a newspaper of general circulation within the Territory at least four weeks successively, once a week, next preceding the time for the filing of the proposal for the rate increase. (2) Ratepayers have the right to be fully informed about and to fully evaluate any proposed rate increase. (3) Ratepayers have the right to give input and participate in any proposed rate increase and to view, listen to, and attend the Public Services Commission hearings and meetings. (4) Ratepayers have the right to designate another person to receive all information regarding their services, including notices regarding past due bills and disconnection of service. (5) Ratepayers have the right to be given accurate and understandable, itemization of billing, as well as the price and terms of service. (6) Ratepayers have the right to negotiate with a public utility a delayed payment plan to avoid discontinuation of service for a delinquent account in accordance with the utility's terms and conditions. (7) Ratepayers have a right to avoid discontinuation of service for failure to pay a disputed bill once the ratepayer is current with prior and subsequent bills that are not in dispute. If the ratepayer is disputing bills for two or more consecutive months, the ratepayer must deposit with the public utility 50 percent of the average of the prior 12 months' bills. Upon resolution of the dispute, if the ratepayer owes the public utility more money than the deposited amount, the ratepayer must pay the additional money not later than 10 days after the dispute was resolved. (8) Ratepayers have the right to avoid discontinuation of service for a period of 60 days for nonpayment when the utility receives written notice from a medical doctor licensed to practice in the Virgin Islands certifying that discontinuance of service would create a life-threatening situation for the customer or other permanent resident of the customer's household. (9) A ratepayer's service may not discontinue, nor may late charges be assessed, because of the late payment by the Energy Crisis Assistance Program or any other type of low-income home energy assistance program offered by the local or federal government. (10) Ratepayers have the right to avoid discontinuation of service or refusal of service because a former occupant, not of the same household, failed to pay prior bill. (11) Ratepayers whose service has been discontinued for non-payment have the right to have their service restored in a prompt and efficient manner on the same business day the balance due is paid. But when the payment is made after 4 pm, the service must be restored in not more than 24 hours after the receipt of the payment. (12) Ratepayers have the right to have a written explanation if the utility company refuses to initially serve a consumer. When the ratepayer has provided the utility company with a valid mailing address, the explanation must be mailed to the ratepayer within seven business days and must include the reason service is being refused and the actions the consumer must take in order to receive service. (13) Ratepayers shall have access to, through the Virgin Islands Public Services Commission, and the Public Services Commission shall provide an independent administrative process that provides a simple, quick and effective means of resolving complaints about service and billing from all public utilities over which the Virgin Islands Public Services Commission has jurisdiction, including the Virgin Islands Water and Power Authority. (14) Ratepayers have the right to have all communications from a public utility to be in both English and Spanish. History: Added Oct. 26, 2020, No. 8375, § 1, Sess. L. 2020, p. 183-185; amended Jan. 12, 2024, No. 8788, §§ 6, 7, Sess. L. 2023, p. 170.

Every public utility doing business within the Virgin Islands is required to furnish service and facilities reasonably safe and adequate and in all respects just and reasonable. The charge made by any such public utility for any facility or services furnished, or rendered, or to be furnished, or rendered, shall be reasonable, just and nondiscriminatory. Every unjust or unreasonable or discriminatory charge for such facility or service is prohibited and is hereby declared unlawful. Every public utility is hereby required to obey the lawful orders of the Commission. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181.

Any public utility doing business in the Virgin Islands having tracks, conduits, poles, wires, switchboards, exchanges, works, or other equipment shall, for a reasonable compensation, permit the use of the same by any other public utility whenever public convenience and necessity requires such use, and such use will not result in irreparable injury to the owners or other users of such equipment, nor in any substantial detriment to the service to be rendered by such owners or other users. For purposes of this section the term "public utility" shall include any agency or instrumentality of the Federal Government consenting to the use, arrangement or order involved. The Commission may require that public utilities enter into such arrangements for interchange, interconnection, joint or combined use of facilities or equipment, polling or other arrangements for the provision of service, upon such terms and conditions as the Commission determines, after investigation and hearing, (a) is in furtherance of the public convenience and necessity, including specifically but not exclusively the public interest in service that is safe, adequate and economical, (b) will not result in irreparable injury or detriment to the owner or users of facilities or equipment without adequate compensation, and (c) is just and reasonable. Such use or service so ordered shall be permitted and such conditions and compensations so prescribed shall be the lawful conditions and compensation to be observed, followed, and paid. Any such order of the Commission may from time to time be revised by the Commission upon application of any interested party or upon its own motion after hearing and notice by order in writing, and shall be subject to recourse to the courts upon the complaint of any interested party, as hereinafter provided. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181; amended July 11, 1973, No. 3460, § 3, Sess. L. 1973, p. 165.

The Commission shall have power, after hearing and notice by order in writing, to require and compel every public utility to comply with the provisions of this chapter, and with all other laws of the Virgin Islands applicable, and any ordinance or regulation relating to said public utility, and to conform to the duties upon it thereby imposed or by the provisions of its own charter, if any charter has or shall be granted it: provided, that nothing herein contained shall be held to relieve any public utility, its officers, agents, or servants, from any punishment, fine, forfeiture, or penalty for violation of any such law, ordinance, regulation, or duty imposed by its charter, nor to limit, take away, or restrict the jurisdiction of any court or other authority which now has, or which may hereafter have power to impose any such punishment, fine, forfeiture, or penalty. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181.

Every public utility shall keep and render to the Commission, in the manner and form prescribed by the Commission, uniform accounts of all business transacted. Every public utility engaged directly or indirectly in any other business than that of the conduct of a public utility as defined in this chapter, shall, if required by the Commission, keep and render separately to the Commission in like manner and form the accounts of all such other business, in which case all the provisions of this chapter shall apply with like force and effect to the books, accounts, papers, and records of such other business. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181.

The Commission may prescribe the forms of all books, accounts, papers and records required to be kept, and every public utility is required to keep and render its books, accounts, papers, and records accurately and faithfully in the manner and form prescribed by the Commission, and to comply with all directions of the Commission relating to such books, accounts, papers, and records. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181.

Each public utility shall have an office within the Virgin Islands in which it shall keep all such books, accounts, papers, and records as shall be required by the Commission to be kept within the Virgin Islands. No books, accounts, papers, or records required by the commission to be kept within the Virgin Islands shall be at any time removed therefrom, except on such condition as may be prescribed by the Commission: provided, that public utilities operating in the Virgin Islands and elsewhere who have their general or executive offices outside of the Islands, may continue to keep their books, accounts, records, and so forth, at their executive or general offices, such public utilities being required, however, to produce before the Commission such books, accounts, records, and papers from time to time as the Commission may order. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181.

Each public utility shall furnish to the Commission in such form and at such time as the Commission shall require, such accounts, reports, and information as shall show in itemized detail: Depreciation; salaries and wages; legal expenses; taxes and rentals; quantity and value of material used; receipts from residuals, by- products, services or other sales; total and net costs; net and gross profits; dividends and interest; surplus or reserve; prices paid by consumers; and in addition such other items, whether of a nature similar to those hereinbefore enumerated or otherwise, as the Commission may prescribe, in order to show completely and in detail the entire operation of the public utility in furnishing its product or service to the public. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181.

Every public utility shall file with the Commission, within a time to be fixed by the Commission, schedules, which shall be open to public inspection, showing all rates, tolls, and charges which it has established and which are in force at the time for any service performed by it within the Virgin Islands, or for any service in connection therewith or performed by any public utility controlled or operated by it. The rates, tolls, and charges shown on such schedules shall not exceed the rates, tolls and charges now allowed by law, and shall be the lawful rates, tolls, and charges within the Virgin Islands and shall remain and be in force until set aside by the Commission. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181.

(a) Except as provided in subsection (b), every public utility which requires its customers, as a condition precedent to receiving the service offered by such public utility, to make cash deposits with such utility to secure payment of tolls and charges shall pay interest on such cash deposits at an annual compounded rate of four and three quarters (43/4%) percent, which shall be refunded to the customer with his cash deposit upon termination of service for any reason other than unjustifiable nonpayment of tolls or charges by such customer; provided that interest shall not be payable by the utility upon deposits held by such utility for less than six (6) months; and provided further, that the customer may, upon application therefor on forms prescribed and furnished by the utility, obtain periodic payments of accumulated interest prior to the termination of service when the interest on said deposit equals $10 or more. (b) The Virgin Islands Water and Power Authority shall pay interest on cash deposits paid by customers, as a condition precedent to receiving service, at a rate equal to the average prevailing interest paid by local banks on saving accounts. (c) Every public utility affected by the provisions of subsection (a) of this section shall disclose to the customer, with its final billing statement in each calendar year, the amount of interest which has accumulated on the security deposit during that calendar year and the total amount of interest which has accumulated and has not been claimed by said customer as permitted in subsection (a) of this section. History: Added Mar. 11, 1974, No. 3535, § 1, Sess. L. 1974, p. 35; amended Oct. 7, 2016, No. 7931, § 1(a)- (c), Sess. L. 2016, p. 185, 186.

Every public utility shall file with and as a part of such schedule all rules and regulations that in any manner affect the rates charged or to be charged for any service. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181.

A copy of so much of said schedules as the Commission shall deem necessary for the use of the public shall be printed in plain type and kept on file in every station and office of such public utility where payments are made by the consumers or users, open to the public, in such form and place as to be readily accessible to the public and so as to be conveniently inspected. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181.

Where a schedule of joint rates or charges is, or may be, in force between two or more public utilities, such schedule shall in like manner be printed and filed with the Commission, and so much thereof as the Commission shall deem necessary for the use of the public shall be filed in every such station or office as provided in section 11 of this title. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181.

No change shall thereafter be made in any schedule, including schedules of joint rates, except upon thirty days' notice to the Commission and all such changes shall be plainly indicated upon existing schedules, or by filing new schedules in lieu thereof thirty days prior to the time the same are to take effect: provided, that the Commission, upon application of any public utility, may prescribe a less time within which a reduction may be made. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181.

Copies of all new schedules shall be filed as hereinafter provided, in every station and office of such public utility where payments are made by consumers or users thirty days prior to the time the same are to take effect, unless the Commission shall prescribe a less time. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181.

It shall be unlawful for any public utility to charge, demand, collect, or receive a greater or less compensation for any service performed by it within the Virgin Islands, or for any service in connection therewith, than is specified in such printed schedules, including schedules of joint rates, as may at the time be in force, or to demand, collect, or receive any rate, toll, or charge not specified in such schedules. The rates, tolls, and charges named therein shall be the lawful rates, tolls, and charges until the same are changed as provided in this chapter. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181.

History: Repealed. Aug. 3, 2021, No. 8471, § 2(b), Sess. L. 2021, p. 112.

History: Repealed. Aug. 3, 2021, No. 8471, § 2(b), Sess. L. 2021, p. 112.

History: Repealed. Aug. 3, 2021, No. 8471, § 2(b), Sess. L. 2021, p. 112.

History: Repealed. Aug. 3, 2021, No. 8471, § 2(b), Sess. L. 2021, p. 112.

The Commission or any member thereof or any person or persons employed by the Commission for that purpose shall, upon demand, have the right to inspect the books, accounts, papers, records, and memoranda of any public utility, and to examine, under oath, any officer, agent, or employee of such public utility in relation to its business and affairs. Any person other than one of said members who shall make such demand shall produce his authority to make such inspection or examination. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181.

(a) The Commission may require, by order or subpoena, to be served upon any public utility in the same manner that a summons is served in a civil action in the District Court of the Virgin Islands, the production within the Virgin Islands at such time and place as it may designate of any books, accounts, papers, or records kept by such public utility in any office or place without the Virgin Islands, or verified copies in lieu thereof if the Commission shall so order, in order that an examination thereof may be made by the Commission under its direction. (b) Attendance of witnesses and the production of such documentary evidence may be required from any place in the United States. In case of disobedience to a subpoena the Commission, or any party to a proceeding before the Commission may invoke the aid of any court of the United States or the District Court of the Virgin Islands in requiring the attendance and testimony of witnesses and the production of books, papers, and documents under the provisions of this section. The said Commission is hereby given power to call on the Attorney General of the Virgin Islands to enforce the provisions of this chapter in the proper courts and in the District Court of the Virgin Islands. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181.

For the purpose of making any investigation with regard to any public utility the Commission shall have power to appoint, by an order in writing, an agent whose duties shall be prescribed in such order. In the discharge of his duties such agent shall have every power whatsoever granted in this chapter to the Commission, except the power to issue any order for which a hearing is required, and said agent shall have power to administer oaths and take depositions. The Commission may conduct any number of such investigations contemporaneously through different agents, and may delegate to such agent or agents the taking of all testimony bearing upon any investigation or hearing. The decision of the Commission shall be based upon its examination of all testimony and records. The recommendations made by such agents shall be advisory only, and shall not preclude the taking of further testimony, if the Commission so order, nor further investigation. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181.

Every public utility shall furnish to the Commission all information required by it to carry into effect the provisions of this chapter, and shall make specific answers to all specific questions submitted by the Commission. Any public utility receiving from the Commission any blanks with directions to fill the same shall cause the same to be properly filled out so as to answer, fully and correctly, each question therein propounded, and in case it is unable to answer any question it shall give a good and sufficient reason for such failure; and said answer shall be verified under oath by the president, secretary, superintendent, or general manager of such public utility, and returned to the Commission at its office within the period fixed by the Commission. Whenever required by the Commission, every public utility shall deliver to the Commission any or all maps, profiles, contracts, reports of engineers, and all documents, books, accounts, papers, and records or copies of any or all of the same, with a complete inventory of all its property in such form as the Commission may direct. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181.

(a) Upon its own initiative or upon reasonable complaint made against any public utility including the Virgin Islands Water and Power Authority that any of the rates, tolls, charges, or schedules, or services, or time and conditions of payment, or any joint rate or rates, schedules, or services, are in any respect unreasonable or unjustly discriminatory, or any service in connection therewith, is in any respect unreasonable, insufficient, or unjustly discriminatory, or that any service is inadequate or cannot be obtained, or any billing for service inaccurate or erroneous the Commission may, in its discretion, proceed, with or without notice, to make such investigation as it may deem necessary or convenient. But no order affecting said rates, tolls, charges, schedules, regulations, or act complained of shall be entered by the Commission without a formal hearing. (b) Commencing July 30, 2001, the Commission shall conduct rate investigations of all regulated utilities every five years and hold formal hearings as required under subsection (a) of this section. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181; amended May 2, 2001, No. 6402, § 1, Sess. L. 2001, p. 19; Dec. 1, 2001, No. 6481, § 6, Sess. L. 2001, p. 350; May 7, 2003, No. 6578, § 5, Sess. L. 2003, p. 10; amended Sept. 17, 2012, No. 7394, § 10, Sess. L. 2012, p. 239.

The Commission shall prior to such formal hearing notify the public utility complained of that a complaint has been made, and ten days after such notice has been given the Commission may proceed to set a time and place for a hearing and an investigation as hereinafter provided. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181.

The Commission shall give the public utility and the complainant, if any, ten days' notice of the time and place when and where such hearing and investigation will be held and such matters considered and determined. Both the public utility and the complainant shall be entitled to be heard and shall have process to enforce the attendance of witnesses. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181.

(a) If upon such investigation the rates, tolls, charges, schedules, or joint rates shall be found to be unjust, unreasonable, insufficient, or unjustly discriminatory, or to be preferential or otherwise in violation of any of the provisions of this chapter, the Commission shall have power to determine and by order fix and order to be substituted therefor such rate or rates, charges, or schedules as shall be just and reasonable. If upon such investigation, it shall be found that any regulation, time schedule, act, or service, complained of is unjust, unreasonable, unsafe, inadequate, preferential, unjustly discriminatory, or otherwise in violation of any of the provisions of this chapter, or if it be found that reasonable service is not supplied, the Commission shall have power to determine and substitute therefor such other regulations, time schedule, service, or acts and to make such orders respecting any such changes in such regulations, time schedules, service, or acts as shall be just and reasonable. The Commission shall have power to fix, determine and require such extensions, expansions, or increases in facilities or service as the Commission finds are in the furtherance of the public convenience and necessity, and the terms and conditions upon which the same shall be made: provided, that no hearing shall be had and no order shall be made with respect thereto without notice to the public utility affected thereby, as provided in section 22 of this title. (b) In exercising its authority to prescribe just and reasonable rates, the Commission shall provide a return of not less than six (6) nor more than eight (8) percent on the net investment in the property prudently acquired for and devoted to the public use, unless the Commission makes a special finding that a different return is imperative, so as to be fair to the consumer interest, and to be fair to the investor interest by providing a return commensurate with returns in other enterprises having corresponding risks, and which will assure confidence in the financial integrity of the enterprise, so as to maintain its credit and to attract capital. (c) In addition to the powers granted in subsection (a), the Commission shall have the power to investigate and resolve all customer disputes over billing and complaints about service, including complaints filed pursuant to the Virgin Islands Ratepayers' Bill of Rights established in section 1a of this title, filed against any public utility, including the Virgin Islands Water and Power Authority. Ratepayers must first attempt to resolve the dispute directly with the public utility. A ratepayer may present a dispute to the Public Services Commission for resolution only after the public utility and the ratepayer have failed to resolve the dispute in a manner satisfactory to the ratepayer. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181; amended Oct. 26, 2020, No. 8375, § 2, Sess. L. 2020, p. 185.

Whenever there is filed with the Commission any new charge, classification, or practice, the Commissioner may either upon complaint or upon its own initiative without complaint, upon reasonable notice, enter upon a hearing concerning the lawlessness thereof; and pending such hearing and the decision thereon, the Commission, upon delivering to the utility affected thereby a statement in writing of its reasons for such suspension, may suspend the operation of such charge, classification, regulation, or practice, but not for a longer period than eight months beyond the time when it would otherwise go into effect; and after full hearing, the Commission may make such order with reference thereto as would be proper in a proceeding initiated after it had become effective. If the proceeding has not been concluded and an order made within the period of the suspension, the proposed change of charge, classification, regulation, or practice shall go into effect at the end of such period, but in case of a proposed increased charge, the Commission may, by order, require the interested utility to keep accurate account of all amounts received by reason of such increase, specifying, to the extent feasible, by whom and in whose behalf such amounts are paid and upon completion of the hearing and decision may, by further order, require the interested utility to refund, with interest to the persons in whose behalf such amounts were paid, such portion of such increased charges as by its decision shall be found not justified. At any hearing involving a charge increased, or sought to be increased, the burden of proof to show that the increased charge, or proposed increased charge, is just and reasonable, shall be upon the utility, and the Commission shall give to the hearing and decision of such questions preference over all other questions pending before it and decide the same as speedily as possible. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181; amended Oct. 14, 1986, No. 5206, § 301(a)(1), Sess. L. 1986, p. 246.

In connection with any proceeding involving a public utility, the expenses of any investigation or proceeding of any nature by the Commission of or concerning any public utility operating in the Virgin Islands, and all expenses of any litigation, including appeals, arising from any such investigation, valuation, revaluation, or proceeding, or from any order or action of the said Commission, shall be borne by the public utility investigated, or otherwise affected as a special franchise tax in addition to all other taxes imposed by law, and such expenses with interest at 6 per centum per annum may be charged to operating expenses and amortized over such period as the Commission shall deem proper. If the charged entity is a regulated utility, the expenses must be allowed for in the rates to be charged by such utility When any such investigation, or other proceeding is begun the said Commission may call upon the utility in question for the deposit of such reasonable sum or sums as in the opinion of said Commission, it may deem necessary from time to time, until the said proceeding or the litigation arising therefrom is completed, the money so paid to be deposited in the Treasury of the Virgin Islands in a special account to be maintained and administered by the Commissioner of Finance and to be designated the "Special Public Utility Deposit Account." History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181; amended May 29, 2007, No. 6924, § 1(a), Sess. L. 2007, p. 37; amended Aug. 3, 2021, No. 8471, § 2(c)(1)(A)-(D), (2), Sess. L. 2021, p. 112, 113.

(a) As used in this section: "gross operating revenues" means the gross operating revenues of a public utility derived from intraterritorial regulated operations in the last preceding calendar year except as it relates to the Virgin Islands Water and Power Authority, gross operating revenue calculations do not include fuel charges, referred to as the "LEAC" (Levelized Energy Adjustment Charge). "territorial gross operating revenues" means the aggregate sum of all of the gross operating revenues of all of the public utilities regulated by the Commission. "public utility" includes public utilities and cable television companies. (b) Each public utility shall, prior to September 30, of each year, pay a fee, as determined under subsection (c) of this section, to the Commission except that the Virgin Islands Water and Power Authority shall pay a quarterly fee of the annual assessment by the utilities, consistent with the quarterly allotment to the Public Services Commission by the Office of Management and Budget. The fees shall be deposited into the Public Services Commission Revolving Fund; provided, however, that there is hereby established a ceiling of $2,500,000 for the amount of said fees to be deposited into the Fund, any excess to be covered into the General Fund. Monies appropriated by the Legislature of the Virgin Islands to public utilities are not gross operating revenues as defined in this section and may not be included in the calculation for annual assessment of utilities. (c) The annual fee for a particular public utility shall be an amount equal to the product of the Commission's total current year assessments and the public utility's revenue ratio. The revenue ratio of a public utility shall be equal to its gross operating revenues divided by the territorial gross operating revenues. The Executive Director of the Commission shall, prior to September 1 of each year, calculate each public utility's fees under this section, and after approval by the Commission, shall notify each such public utility of the amount due. (d) The Commission shall, prior to August 1 of each year, submit a report to the Committee on Finance of the Legislature detailing the total amount of appropriations needed by the Commission for the following fiscal year. History: Added Oct. 14, 1986, No. 5206, § 301(a)(2), Sess. L. 1986, p. 246; amended Nov. 7, 1988, No. 5394, § 17(b), Sess. L. 1988, p. 373; July 17, 1989, No. 5421, § 4, Sess. L. 1989, p. 20; Apr. 6, 1990, No. 5539, § 2(d), Sess. L. 1990, p. 167; Apr. 28, 1993, No. 5846, § 1, Sess. L. 1993, p. 42; Dec. 30, 1994, No. 6054, § 2, Sess. L. 1994, p. 305; Oct. 31, 1998, No. 6276, § 2, Sess. L. 1998, p. 488; Dec. 29, 2001, No. 6486, § 4, Sess. L. 2001, p. 366; Apr. 7, 2004, No. 6662, § 15, Sess. L. 2004, p. 19; May 29, 2007, No. 6924, §§ 2, 5, Sess. L. 2007, p. 38; Oct. 10, 2007, No. 6956, § 1, Sess. L. 2007, p. 113; Oct. 26, 2010, No. 7233, § 23, Sess. L. 2010, p. 259; amended Sept. 27, 2021, No. 8497, § 2, Sess. L. 2021, p. 165; amended Oct. 16, 2024, No. 8919, § 11, Sess. L. 2024, p. -.

Any public utility may make complaint as to any matter affecting its own product or service with like effect as though made by the Commission or upon reasonable complaint as hereinbefore provided. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181.

Each of the members of the Commission and every agent provided for in section 18 of this title for the purposes mentioned in this section, shall have power to administer oaths, certify to official acts, issue subpoenas, compel the attendance of witnesses and the production of books, accounts, papers, records, documents, and testimony. In case of disobedience on the part of any person or persons to comply with any order of the Commission or any member thereof, or any subpoena, or on the refusal of any witness to testify to any matter regarding which he may be interrogated before the Commission or its agent authorized, it shall be the duty of the District Court of the Virgin Islands on application of a member of the Commission, to compel obedience by attachment proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181.

The Commission or any party may, in any investigation, cause the depositions of witnesses residing within or without the Virgin Islands to be taken in the manner prescribed by law for like depositions in civil actions in the District Court. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181.

A full and complete record shall be kept of all proceedings had before the Commission or its agents on any formal investigation had, and all testimony shall be taken down by a stenographer appointed by the Commission, unless otherwise directed by the Commission. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181.

A transcribed copy of the evidence and proceedings, or any specific part thereof, in any investigation taken by a stenographer appointed by the Commission, being certified by such stenographer to be a true and correct transcript of all the testimony in the investigation or of a particular witness, or of other specific part thereof, carefully compared by him with his original notes, and to be a correct statement of the evidence and proceedings had in such investigation so purporting to be taken and transcribed, shall be received in evidence with the same effect as if such reporter were present and testified to the fact so certified. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181.

All public utilities to which an order of the Commission applies shall make such changes in their schedules on file as may be necessary to make the same conform to said order, and no change shall thereafter be made by any public utility in any such rates, tolls, or charges, or in any joint rate or rates, without the approval of the Commission, except as provided in section 24 of this title. Certified copies of all other orders of the Commission shall be delivered to the public utility affected thereby in like manner, and the same shall take effect within such reasonable time thereafter as the Commission shall prescribe. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181.

The Commission may, at any time, upon notice to the public utility and after opportunity to be heard as provided in section 22 of this title, rescind, alter, or amend any order fixing any rate or rates, tolls, charges, or schedules, or any other order made by the Commission, and certified copies of the same shall be served and take effect as herein provided for original orders. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181.

Any public utility or any other person or corporation affected by any final order or decision of the Commission may, within thirty days after publication thereof, file with the Commission an application in writing requesting a reconsideration of the matters involved, and stating specifically the errors claimed as grounds for such reconsideration. No public utility, or other person or corporation, shall in any court urge or rely on any ground not so set forth in said application. The Commission, within thirty days after the filing of such application, shall either grant or deny it. Failure by the Commission to act upon such application within such period shall be deemed a denial thereof. If such application be granted, the Commission, after giving notice thereof to all interested parties, shall, either with or without hearing, rescind, modify, or affirm its order or decision. The filing of such an application shall act as a stay upon the execution of the order or decision of the Commission until the final action of the Commission upon the application: provided, that upon written consent of the utility such order or decision shall not be stayed unless otherwise ordered by the Commission. No appeal shall lie from any order of the Commission unless an application for reconsideration shall have been first made and determined. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181.

(a) The District Court of the Virgin Islands shall have jurisdiction to hear and determine any appeal from an order or decision of the Commission. Any public utility, or any other person or corporation affected by any final order or decision of the Commission, may, within sixty days after final action by the Commission upon the petition for reconsideration, file with the clerk of the District Court of the Virgin Islands, a petition of appeal setting forth the reasons for such appeal and the relief sought; at the same time such appellant shall file with the Commission notice in writing of the appeal together with a copy of the petition. Within twenty days of the receipt of such notice of appeal the Commission shall file with the clerk of the said court the record, including a transcript of all proceedings had and testimony taken before the Commission, duly certified, upon which the said order or decision of the Commission was based, together with a statement of its findings of fact and conclusions upon the said record, and a copy of the application for reconsideration and the orders entered thereon: provided, that the parties, with the consent and approval of the Commission, may stipulate in writing that only certain portions of the record be transcribed and transmitted. Within this period the Commission or any other interested party shall answer, demur, or otherwise move or plead. Thereupon the appeal shall be at issue and ready for hearing. All such proceedings shall have precedence over any civil cause of a different nature pending in said court, and the District Court shall always be deemed open for the hearings thereof. Any such appeal shall be heard upon the record before the Commission, and no new or additional evidence shall be received by the said court. The said court may require and direct the Commission to receive additional evidence upon any subject related to the issues on said appeal concerning which evidence was improperly excluded in the hearing before the Commission or upon which the record may contain no substantial evidence. Upon receipt of such requirement and direction the Commission shall receive such evidence and without unreasonable delay shall transmit to the said court the findings of fact made thereon by the Commission and the conclusions of the Commission upon the said facts. (b) Upon the conclusion of its hearing of any such appeal the court shall either dismiss the said appeal and affirm the order or decision of the Commission or sustain the appeal and vacate the Commission's order or decision. In either event the court shall accompany its order by a statement of its reasons for its action, and in the case of the vacation of an order or decision of the Commission the statement shall relate the particulars in and the extent to which such order or decision was defective. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181.

In the determination of any appeal from an order or decision of the Commission the review by the court shall be limited to questions of law, including constitutional questions; and the findings of fact by the Commission shall be conclusive unless it shall appear that such findings of the Commission are arbitrary, capricious or procured through fraud. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181.

All orders and decisions of the Commission shall remain in full effect, except as provided in section 33 of this title, unless and until they are suspended or rescinded by the Commission or are vacated by lawful order of the District Court of the Virgin Islands: provided, that if in any petition made to the said court appealing from an order or decision of the Commission it be alleged that substantial and irreparable financial or property loss would be occasioned to the petitioner by the operation of the said order pending the determination of the said appeal, the court shall set a time and place for hearing upon the said allegation after not less than three days' notice to the Commission (during which period the execution of the order or decision shall be stayed), and the said court may then, upon a clear showing of irreparable and substantial financial or property loss as alleged, suspend the effective date of the said order. No such suspension shall be for a greater period than sixty days without further order after notice or hearing by the court. In the event of the issuance of an order suspending the operation of any order of the Commission, the court may include therein such provision as it deems advisable for the preservation of records or accounts and the impounding or otherwise securing of moneys necessary to give effect to the order of the Commission in the event the said order is sustained. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181.

No person shall be excused from testifying or from producing books, accounts, and papers in any proceeding based upon or growing out of any violation of the provisions of this chapter, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to penalty or forfeiture; but no person having so testified shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may have testified or produced any documentary evidence: Provided, That no person so testifying shall be exempted from prosecution or punishment for perjury; Provided further, That the immunity hereby conferred shall extend only to a natural person who, in obedience to a subpoena gives testimony under oath or produces evidence, documentary or otherwise under oath. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181.

Any officer, agent, or employee of any public utility who shall fail or refuse to fill out and return any blanks, as required by this chapter, or shall fail or refuse to answer any question therein propounded, or shall knowingly or wilfully give a false answer to any such question, or shall evade the answer to any such question where the fact inquired of is within his knowledge, or who shall, upon proper demand, fail or refuse to exhibit to the Commission or any member thereof, or any person authorized to examine the same, any book, paper, account, record, or memoranda of such public utility which is in his possession or under his control, or who shall fail to properly use and keep his system of accounting, or any part thereof as prescribed by the Commission under this chapter, or who shall refuse to do any act or thing in connection with such system of accounting when so directed by the Commission or its authorized representative shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $1,000 for each offense, and when such officer, agent, or employee acted in disobedience to the direction, construction, or request of the public utility involved, said public utility in addition, shall pay a penalty of not more than $2,000 for each offense. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181.

(a) If any public utility shall violate any provision of this chapter, or shall do any act herein prohibited, or shall fail or refuse to perform any duty enjoined upon it, or shall fail, neglect, or refuse to obey any lawful subpoena, requirement or order made by the Commission, or any judgment or decree made by any court upon its application, for every such violation, failure, or refusal, such public utility shall forfeit and pay to the Government of the Virgin Islands the sum of $1,000 per day for each such offense. In construing and enforcing the provisions of this section, the act, omission, or failure of any officer, agent, or other person acting for or employed by any public utility acting within the scope of his employment and instructions shall in every case be deemed to be the act, omission, or failure of such public utility. (b) The Attorney General of the Virgin Islands, at the request of the Public Services Commission, or its designated agent therefor, shall forthwith bring appropriate action to compel adherence to, or enjoin violations of, any lawful orders of the Commission issued pursuant to this chapter, and to recover in the name of the Government of the Virgin Islands the penalties herein provided, and the Court shall give priority to any such actions. (c) The provisions of this section shall not apply to departments or agencies of the Government of the Virgin Islands furnishing public utility services, however, this provision shall not exempt the Government of the Virgin Islands from claims made pursuant to Title 3, chapter 118 of the Code. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181; amended May 22, 1970, No. 2722, § 2, Sess. L. 1970, p. 122; July 11, 1973, No. 3460, § 4, Sess. L. 1973, p. 165; amended Aug. 3, 2021, No. 8471, § 2(d), Sess. L. 2021, p. 113.

That every day during which any public utility, or any officer, agent, or employee thereof, shall fail knowingly or wilfully to observe and comply with any order or direction of the Commission, or perform any duty enjoined by this chapter, shall constitute a separate and distinct violation of such order, or direction, or of this chapter as the case may be. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181.

The provisions of this chapter shall be interpreted and construed liberally in order to accomplish the purposes thereof, and where any specific power or authority is given the Commission by the provisions of this chapter the enumeration thereof shall not be held to exclude or impair any power or authority otherwise in this chapter conferred on said Commission. The Commission hereby created shall have, in addition to the powers in this chapter specified, mentioned, and indicated all additional, implied, and incidental power which may be proper and necessary to effect and carry out, perform and execute all the said powers herein specified, mentioned, and indicated. A substantial compliance with the requirements of this chapter shall be sufficient to give effect to all the rules, orders, acts, and regulations of the Commission, and they shall not be declared inoperative, illegal, or void for any omission of a technical nature in respect thereto. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181.

Nothing in this chapter shall be construed to alter or amend the terms of any contracts or franchises governing the provisions of public utility services, issued or entered into prior to January 1, 1965. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181.

When authorized by law, the Governor shall grant franchises, including rights of way, licenses, and easements, which may be exclusive, over public property, to a public utility doing business within the Virgin Islands. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181.

(a) No person or corporation, whether or not organized under the laws of the Territory, shall sell, acquire or transfer control, either directly, or indirectly of any public utility organized and doing business in this Territory, without first securing authorization from the Commission. Any such acquisition or control without prior authorization shall be void and of no effect. (b) No public utility incorporated under the laws of this Territory shall sell, nor shall any such public utility make or permit to be made upon its books any transfer of any share or shares of its capital stock, unless authorized to do so by the Commission. Nor shall any public utility incorporated under the laws of this Territory sell any share or shares of its capital stock or make or permit any transfer to be made upon its books, to any corporation, domestic or foreign, or any person, the result of which sale or transfers in itself or in connection with other previous sales or transfers shall be to vest in such corporation or person a majority in interest of the outstanding capital stock of such public utility corporation unless authorized by the Commission. (c) Where, by the proposed transfer of control, sale, assignment, contract, or agreement for assignment or transfer of capital stock, as set forth in this section, it appears that a public utility or a wholly owned subsidiary of a public utility may be unable to fulfill its obligation to any employee with respect to pension benefits previously enjoyed, whether vested or contingent, the Commission shall not grant its authorization unless the public utility, and/or the prospective stockholders thereof, seeking the Commission's authorization, assume such responsibility and provide such assurance as will be sufficient to insure that all such obligations to employees will be satisfied as they become due. History: Added May 19, 1987, No. 5258, Sess. L. 1987, p. 14.

The provisions of this chapter shall become effective July 1, 1965. History: Added Apr. 21, 1965, No. 1435, Sess. L. 1965, Pt. I, p. 181.

(a) The Public Services Commission shall, within the limits of legislative appropriations, employ and determine the salaries of, or contract for the services of professional, technical and operational personnel and consultants as the execution of its duties and the operation of the Public Services Commission may require. The administrative management of the duties and responsibilities of the Public Services Commission under this chapter are vested in an Executive Director who is appointed by the Governor, upon recommendation of the Commission, and with the advice and consent of the Legislature. The Executive Director must: (1) be knowledgeable and experienced in public administration and fiscal management; (2) be knowledgeable in the areas of utility regulation by the Public Services Commission; and (3) have no pecuniary interest in any entity regulated by the Commission. (b) The Executive Director shall: (1) Direct the daily operation of the Public Services Commission, including budget preparation. administration, human resources, management, purchases and acquisitions made by the Public Services Commission, and contracts and leases entered into by the Public Services Commission; (2) Develop and implement policies and procedures to ensure the efficient operation of the Public Services Commission; (3) Oversee the review of applications, schedule and maintain a calendar of all matters before the Public Services Commission; (4) Ensure compliance with and enforcement of statutes and regulations pertaining to utilities which are regulated by the Public Services Commission; (5) Serve as custodian of all Public Services Commission records and authenticate documents; and (6) Perform such other duties as the Public Services Commission or law may require. (c) The Public Services Commission shall appoint an Assistant Executive Director from the alternate district in which the Executive Director is located. (d) The Public Services Commission may appoint one or more hearing officers for a period not to exceed three months to conduct proceedings or hearings on behalf of the Public Services Commission. History: Added May 22, 1970, No. 2722, § 4, Sess. L. 1970, p. 126; amended May 3, 1971, No. 3000, § 2, Sess. L. 1971, p. 134; May 19, 2000, No. 6351, § 11(a), Sess. L. 2000, p. 72; amended Aug. 3, 2021, No. 8471, § 3, Sess. L. 2021, p. 113.

(a) The Commission may grant requests by telecommunications carriers, including commercial mobile radio services providers licensed by the Federal Communications Commission, to be designated as "eligible telecommunications carriers" within the meaning of Section 214(e) of title 47 of the United States Code. The Commission may exercise continuing oversight jurisdiction over any entity it has designated as an eligible telecommunications carrier, in order to ensure that entity's compliance with requirements applicable law regarding that entity's obligations as an eligible telecommunications carrier. (b) Before designating a common carrier as an eligible telecommunications, the Commission must find that the applicant has: (1) Committed to provide service throughout its proposed designated service area to all customers making a reasonable request for service. Each applicant shall certify that it will: (A) Provide service on a timely basis to requesting customers within the applicant's service area where the applicant's network already passes the potential customer's premises; and (B) Provide service within a reasonable period of time, if the potential customer is within the applicant's licensed service area but outside its existing network coverage, if service can be provided at reasonable cost by: (i) Modifying or replacing the requesting customer's equipment; (ii) Deploying a roof-mounted antenna or other equipment; (iii) Adjusting the nearest cell tower; (iv) Adjusting network or customer facilities; (v) Reselling services from another carrier's facilities to provide service; or (vi) Employing, leasing or constructing an additional cell site, cell extender, repeater, or other similar equipment. (2) Submitted a five-year plan that describes with specificity proposed improvements or upgrades to the applicant's network on a wire center-by-wire center basis throughout its proposed designated service area. Each applicant shall demonstrate how signal quality, coverage or capacity will improve due to the receipt of high-cost support; the projected start date and completion date for each improvement and the estimated amount of investment for each project that is funded by high-cost support; the specific geographic areas where the improvements will be made; and the estimated population that will be served as a result of the improvements. If an applicant believes that service improvements in a particular wire center are not needed, it must explain its basis for this determination and demonstrate how funding will otherwise be used to further the provision of supported services in that area. (3) Demonstrated its ability to remain functional in emergency situations, including a demonstration that it has a reasonable amount of back-up power to ensure functionality without an external power source, is able to reroute traffic around damaged facilities, and is capable of managing traffic spikes resulting from emergency situations. (4) Demonstrated that it will satisfy applicable consumer protection and service quality standards. A commitment by wireless applicants to comply with the Cellular Telecommunications and Internet Association's Consumer Code for Wireless Service satisfies this requirement. Other commitments may be considered on a case-by-case basis. (5) Certified that the carrier acknowledges that the Commission may require it to provide equal access to long distance carriers in the event that no other eligible telecommunications carrier is providing equal access within the service area. (c) Before designating an eligible telecommunications carrier, the Commission shall determine that such designation is in the public interest. In doing so, the Commission shall consider the benefits of increased consumer choice, and the unique advantages and disadvantages of the applicant's service offering. (d) All eligible telecommunications carriers shall retain all records required to demonstrate to auditors that the support received was consistent with the universal service high-cost program rules. These records must include the following: data supporting line count filings; historical customer records; fixed asset property accounting records; general ledgers; invoice copies for the purchase and maintenance of equipment; maintenance contracts for the upgrade or equipment; and any other relevant documentation. This documentation must be maintained for at least five years from the receipt of funding. (e) The Commission shall act on an application for designation as an eligible telecommunications carrier within 60 days after receipt of a completed application. History: Added Dec. 22, 2007, No. 6977, § 19, Sess. L. 2007, p. 209.

As used in this chapter, except as otherwise specifically provided: (a) "Cogeneration facility" means a facility which produces: (1) electric energy, and (2) steam or forms of useful energy (such as heat) which are used for industrial, commercial, heating, or cooling purposes. (b) "Commission" means the Public Services Commission of the Virgin Islands. (c) "Electric utility" means the Virgin Islands Water and Power Authority or its successors. (d) "Electric consumer" means any person, corporation, Territorial agency, or Federal agency, to which electric energy is sold, other than for purposes of resale. (e) "Evidentiary hearing" means a proceeding which: (1) is open to the public; (2) includes notice to participants and provides an opportunity to cross-examine witnesses; (3) includes a written decision, based upon evidence appearing in a written record of the proceeding; and (4) is subject to judicial review. (f) "Federal agency" means an executive agency (as defined in section 105 of Title 5 of the United States Code). (g) "Qualifying cogeneration facility" means a cogeneration facility which: (1) the Commission determines meets such requirements (including requirements relative to minimum size, fuel use, and fuel efficiency) as the Commission may, by rule, prescribe; and (2) is owned by a person not primarily engaged in the generation or sale of electric power (other than electric power solely from cogeneration facilities or small power production facilities). (h) "Qualifying cogenerator" means the owner or operator of a qualifying cogeneration facility. (i) "Qualifying small power producer" means the owner or operator of a qualifying small power production facility. (j) "Qualifying small power production facility" means a small power production facility: (1) which the Commission determines meets such requirements (including requirements relative to fuel use, fuel efficiency, and reliability) as the Commission may, by rule, prescribe; and (2) which is owned by a person not primarily engaged in the generation or sale of electric power (other than electric power solely from cogeneration facilities or small power production facilities). (k) "Rate" means any price, rate, or charge made or received with respect to the sale of electric energy by an electric utility to an electric consumer. (l) "Ratemaking authority" means authority to fix, modify, approve, or disapprove rates. (m) "Reasonable time" means 20 working days. (n) "Sale" when used with respect to electric energy includes any exchange of electric energy. (o) "Small power production facility" means a facility which: (1) produces electric energy solely by the use, as a primary energy source, of biomass, waste, renewable resources, or any combination thereof; and (2) has a power production capacity which, together with any other facilities located at the same site (as determined by the Commission), is not greater than 30 megawatts. (p) "Educational small power production facility" means a facility that: (1) produces energy solely through the use of a renewable resource not generally in use by the public utility providing electricity; (2) has a power production capacity that is not greater than 5 megawatts; (3) is constructed and operated by the University of the Virgin Islands, its contractors, or both, upon the University's campuses; (4) is available to the University, its students, staff and the community to demonstrate, promote and to provide research opportunities in the technologies associated with diversified energy resources; and (5) produces power to be purchased and used solely by the University to offset, to the extent practicable, its energy needs and costs. (q) "Airport, Seaport and V.I. Hospitals and Health Facilities 1 Corporation small power production facility" means a facility that: (1) produces energy solely through the use of onsite energy efficient power generation systems; (2) has a power production capacity that is not greater than five megawatts in the St. Thomas/St. John district and five megawatts in the St. Croix district; (3) is constructed and operated by the Port Authority or the V.I. Government Hospitals and Health Facilities Corporation health care facilities, their contractors, or upon property owned or leased by the V.I. Port Authority, or the Government of the Virgin Islands; and produces power for use solely by the V.I. Port Authority, or by the V.I. Hospitals and Health Facilities Corporation health care facilities, respectively, to offset, the extent practicable, their energy needs and costs. History: Added Oct. 17, 1984, No. 5006, § 1, Sess. L. 1984, p. 330; amended Oct. 17, 2005, No. 6793, § 11, Sess. L. 2005, p. 355; amended Dec. 6, 2013, No. 7574, § 4, Sess. L. 2013, p. 281; amended Oct. 6, 2016, No. 7930, § 9, Sess. L. 2016, p. 185.

(a) Upon application of any qualifying cogenerator, or qualifying small power producer, the Commission may issue an order requiring: (1) the physical connection of any cogeneration facility, small power production facility, or the transmission facilities of any electric utility, with the facilities of such applicant; (2) such action as may be necessary to make effective any physical connection described in paragraph (1) paragraph (1)n, which physical connection is ineffective for any reason, such as inadequate size, poor maintenance, or physical unreliability; (3) such sale or exchange of electric energy or other coordination, as may be necessary to carry out the purposes of any order under paragraphparagraph (1)or (4) such increase in transmission capacity as may be necessary to carry out the purposes of any order under paragraph (1) or (2). (b) Upon receipt of an application under subsection (a) of this section, the Commission shall: (1) require the applicant/cogenerator to cover all cost, including the cost of the public utility, associated with its application for certification as a qualified producer and the costs and expenses, including the cost of the public utility, associated with applicant's/cogenerator's interconnection; (2) issue notice to the affected electric utility, each affected owner or operator of a cogeneration facility or of a small power production facility, and to the public; (3) afford an opportunity for an evidentiary hearing; and (4) make a determination with respect to the matters referred to in subsection (c) of this section. (c) No order may be issued by the Commission under subsection (a) unless the Commission determines that such order: (1) is in the public interest; (2) would encourage overall conservation of energy or capital, optimize the efficient use of facilities and resources, or improve the reliability of the electric utility system to which the order applies; and (3) meets the requirements of section 48 of this chapter. (d) The Commission may, on its own motion, after compliance with the requirements of paragraphs (1) and (2) of subsection (b), issue an order requiring any action described in subsection (a) if the Commission determines that such order meets the requirements of subsection (c). (e) (1) As used in this section, the term "facilities" means only facilities used for the generation or transmission of electric energy. (2) With respect to an order issued pursuant to an application of a qualifying cogenerator or qualifying small power producer under subsection (a)(1), the term "facilities of such applicant" means the qualifying cogeneration facilities or qualifying small power production facilities of the applicant, as specified in the application. With respect to an order issued by the Commission on its own motion under subsection (d) of this section, such term means the qualifying cogeneration facilities, qualifying small power production facilities, or the transmission facilities of an electric utility, as specified in the proposed order. History: Added Oct. 17, 1984, No. 5006, § 1, Sess. L. 1984, p. 330; amended May 29, 2007, No. 6924, § 1(b), Sess. L. 2007, p. 37.

An educational small power production facility shall sell its power solely and directly to the University of the Virgin Islands under such terms and conditions as are acceptable to the University. History: Added Oct. 17, 2005, No. 6793, § 12, Sess. L. 2005, p. 355.

Interconnection (a) No order may be issued by the Commission under section 47 of this chapter unless the Commission determines that such order: (1) is not likely to result in a reasonably ascertainable uncompensated economic loss for the electric utility, qualifying cogenerator, or qualifying small power producer affected by the order; and (2) will not place an undue burden on the electric utility, qualifying cogenerator, or qualifying small power producer affected by the order; and (3) will not unreasonably impair the reliability of the electric utility affected by the order or its ability to render adequate service to its customers. The determination under subsection (a) of this section shall be based upon a showing of the parties. The Commission shall have no authority under section 47 to compel the enlargement of generating facilities. (b) No order may be issued under section 47 unless the applicant for such order demonstrates that he is capable and willing to cover all reasonably anticipated cost and expenses, including those of the public utility incurred under such order. (c) (1) Before issuing an order under section 47, the Commission shall issue a proposed order and set a reasonable time for parties to the proposed interconnection order to agree to terms and conditions under which such order is to be carried out. Such proposed order shall not be reviewable or enforceable in any court. The time set for such parties to agree to such terms and conditions may be shortened if the Commission determines that delay would jeopardize the attainment of the purposes of any proposed order. Any terms and conditions agreed to by the parties shall be subject to the approval of the Commission. (2) If the parties agree as provided in paragraph (1) of this subsection within the time set by the Commission and the Commission approves such agreement, the terms and conditions shall be included in the final order. In the case of an order under section 47, if the parties fail to agree within the time set by the Commission or if the Commission does not approve any such agreement, the Commission shall prescribe such terms and conditions in the final order. (d) If the Commission does not issue any order applied for under section 47, the Commission shall, by order, deny such application and state reasons for such denial. History: Added Oct. 17, 1984, No. 5006, § 1, Sess. L. 1984, p. 330; amended May 29, 2007, No. 6924, § 1(c), (d), Sess. L. 2007, pp. 37, 38.

(a) Not later than one year after October 17, 1984, the Commission shall prescribe and implement, and, from time to time thereafter, revise such rules for each electric utility for which it has ratemaking authority, as it determines necessary to encourage cogeneration and small power production as well as to require electric utilities to offer to: (1) sell electric energy to qualifying cogeneration facilities and qualifying small power production facilities; and (2) purchase electric energy from such facilities. Such rules shall be prescribed under the guidance of the rules for cogeneration and small power production as issued by the Federal Energy Regulatory Commission, after public notice and a reasonable opportunity for interested persons (including Territorial and Federal agencies) to submit oral, as well as written, data, views and arguments. Such rules shall include provisions respecting minimum reliability of qualifying cogeneration (including reliability of such facilities during emergencies) and rules respecting reliability of electric energy service to be available to such facilities from electric utilities during emergencies. Such rules may not authorize a qualifying cogeneration facility or qualifying small power production facility to make any sale for purposes other than resale. (b) The rules prescribed under subsection (a) of this section shall insure that, in requiring any electric utility to offer to sell electric energy to any qualifying cogeneration facility or qualifying small power production facility, the rates for such purchase or sale: (1) shall be just and reasonable to the electric consumers of the electric utility and in the public interest; and (2) shall not discriminate against qualifying cogenerators or qualifying small power producers. No such rule prescribed under subsection (a) of this section shall provide for a rate which exceeds the incremental cost to the electric utility of alternative electric energy. (c) For purposes of this section, the term "incremental cost of alternative electric energy" means, with respect to electric energy purchased from a qualifying cogenerator or qualifying small power producer, the cost to the electric utility for the electric energy which, but for the purchase from such cogenerator or small power producer, such utility would generate or purchase from another source. History: Added Oct. 17, 1984, No. 5006, § 1, Sess. L. 1984, p. 330.

Electrical safety requirements and the electrical interconnection between the utility and the qualifying facility shall conform to the latest edition of the National Electric Code, as promulgated by the National Fire Protection Association. History: Added Oct. 17, 1984, No. 5006, § 1, Sess. L. 1984, p. 330.

History: Repealed. June 24, 1987, No. 5265, § 1301(b)(1), Sess. L. 1987, p. 95.

The provisions of this chapter apply only in the areas described in section 62 of this title. History: Added May 16, 1957, No. 160, § 81, Sess. L. 1957, p. 49; amended June 24, 1958, No. 335, § 25(b), Sess. L. 1958, p. 119; June 14, 1960, No. 614, Sess. L. 1960, p. 127; June 24, 1987, No. 5265, § 1301(b)(2), Sess. L. 1987, p. 95.

There shall be installed and/or maintained on all premises within the town limits of the Towns of Charlotte Amalie, Christiansted and Frederiksted, on which buildings are located, a system to provide an adequate rain water supply. Such adequate water supply shall be in proportion to the size of the roof area and shall provide at least 4 1/2 gallons of storage capacity per square foot of roof area, except that existing churches and warehouses shall be excluded. For all buildings constructed or rebuilt after September 1, 1957, the building permit shall make it mandatory for the builder to comply with the minimum water requirements of this section. History: Added May 16, 1957, No. 160, § 81, Sess. L. 1957, p. 49; amended June 24, 1958, No. 335, § 25(c), Sess. L. 1958, p. 119; June 14, 1960, No. 614, Sess. L. 1960, p. 127.

The water supply provided for by section 62 of this title shall be stored in mosquito-proof containers constructed of metal, masonry, concrete, or wood. Each container shall be kept in good repair and condition at all times. History: Added May 16, 1957, No. 160, § 81, Sess. L. 1957, p. 49; amended June 14, 1960, No. 614, Sess. L. 1960, p. 127.

There shall be constructed and/or maintained on all buildings, whether occupied or unoccupied, adequate eave-gutters, spoutings, or other devices for conducting the water provided for by sections 62 and 63 of this title into the containers on the premises. Lead pipes shall not be used for such purpose. Such eave- gutters, spoutings, or other devices shall be kept in good repair and condition at all times. History: Added May 16, 1957, No. 160, § 81, Sess. L. 1957, p. 49; amended June 14, 1960, No. 614, Sess. L. 1960, p. 127.

Government; Liens The owner of the premises on which any buildings are located, erected, or reconstructed shall comply with the provisions of sections 62 - 64 of this title, except that, in cases where the land is owned by one party and the building thereon is owned by another party, the owner of the building shall comply with the provisions of such sections. If such owner fails to comply with the provisions of such sections, the Commissioner of Public Works shall undertake the construction, reconstruction, or repair of the container and conducting devices required by such sections, and the cost therefor shall be paid by the owner. If the owner fails to pay the cost of such construction, reconstruction, or repair, the Virgin Islands Government shall have and is hereby granted a lien on such property with simple interest at 9 per centum per annum. Such lien may be foreclosed after the expiration of a period of five years. History: Added May 16, 1957, No. 160, § 81, Sess. L. 1957, p. 49; amended June 14, 1960, No. 614, Sess. L. 1960, p. 127; June 24, 1987, No. 5265, § 1301(b)(3), Sess. L. 1987, p. 95.

Poultry shall not be allowed on any roof or catchment area. All catchment areas shall be fenced and kept in good repair, and free from vegetation at all times. No person shall throw filth or refuse into, or otherwise pollute, any rain water container or well. Every water container shall be cleaned at least once in every five- year period. The water in any container or well shall be considered polluted so as to be injurious to health when- (1) any dead reptile, bird, or mammal is found therein; or (2) any excessive amount of fungi, vegetable matter, or sediment is found therein; or (3) on analysis, the water is found to have an excessive bacteriologic or chemical content. The Commissioner of Health shall be responsible for the enforcement of this section. History: Added May 16, 1957, No. 160, § 81, Sess. L. 1957, p. 49; amended June 14, 1960, No. 614, Sess. L. 1960, p. 127.

No tree or other vegetation shall be cut or otherwise destroyed within 100 feet on either side of a water course, or any ravine, "gut" or spring. History: Added May 16, 1957, No. 160, § 81, Sess. L. 1957, p. 49; amended June 14, 1960, No. 614, Sess. L. 1960, p. 127.

(a) Loans may be made from public or trust funds to property owners financially unable to comply with sections 62 - 64 of this title, for the construction of water storage facilities. Such loans shall not exceed $1,000 to any one person, shall be repaid in installments within a period not to exceed 5 years, and shall bear simple interest at the rate of 4 per centum per annum. The total of such loans outstanding at any time shall not exceed $80,000. The Executive Director of the Virgin Islands Housing Finance Authority shall receive applications for such loans and shall be responsible for processing and acting upon such applications and for the general administration of this section. (b) Loans authorized by this section may be made to persons whose properties are in the country districts of St. Thomas and St. Croix or on the island of St. John regardless of the provisions of sections 61 and 62 of this title. (c) Loans authorized by section 68 of this title may be made only upon the following conditions- (1) they shall be secured by first or second mortgages upon real property and shall not exceed 60 per cent of the value assessed for tax purposes upon the property offered for security; (2) the owners shall have clear title to the building or buildings; (3) loans may be made with security in superficiary houses when the tenant has a satisfactory lease for the land which will extend during the term of the loan; and (4) the property offered as security shall be insured against fire. History: Added May 16, 1957, No. 160, § 81, Sess. L. 1957, p. 49; amended June 14, 1960, No. 614, Sess. L. 1960, p. 127; Mar. 23, 1965, No. 1374, Sess. L. 1965, Pt. I, p. 112; Apr. 15, 1966, No. 1711, Sess. L. 1966, p. 177; Apr. 1, 2008, No. 6973, § 17, Sess. L. 2007, p. 190.

Whoever violates any of the provisions of sections 62 - 68 of this title shall be fined not more than $200. History: Added May 16, 1957, No. 160, § 81, Sess. L. 1957, p. 49; amended June 14, 1960, No. 614, Sess. L. 1960, p. 127.

History: Repealed. June 24, 1987, No. 5265, § 1301(b)(1), Sess. L. 1987, p. 95.

History: Repealed. June 24, 1987, No. 5265, § 1301(b)(1), Sess. L. 1987, p. 95.

History: Repealed. June 24, 1987, No. 5265, § 1301(b)(1), Sess. L. 1987, p. 95.

(a) An adequate supply of water and electric power is essential to the public welfare and the economic health of the Virgin Islands. (b) Acute, severe and chronic water and electric power supply problems afflict the Virgin Islands. (c) The inadequacy of existing water and electric power systems in the Virgin Islands constitutes a menace to the health and safety of its people and is inimical to its economic growth. (d) The development, acquisition, construction, improvement, reconstruction, enlargement, extension, operation, repair, maintenance and use of water and electric power systems in the Virgin Islands is necessary to assure adequate water and electric power supplies and will protect the public health and safety and promote the public interest by economic development of the Virgin Islands. (e) The powers conferred by this chapter are for public uses and purposes and are proper governmental functions for which public money may be expended, private property may be acquired, by eminent domain or otherwise, and bonds or other obligations may be issued pursuant to section 8(b) of the Revised Organic Act of the Virgin Islands, as amended, or any other such authority as may hereafter be conferred by Federal law. (f) The provisions enacted by this chapter are hereby declared to be necessary in the public interest, and the facilities herein authorized are declared to be public improvements and public undertakings. History: Added Aug. 13, 1964, No. 1248, Sess. L. 1964, p. 378; amended Dec. 3, 1968, No. 2366, § 1a, Sess. L. 1968, Pt. II, p. 372.

(a) The term "Authority" shall mean the Virgin Islands Water and Power Authority created by this chapter. (b) The term "Board" shall mean the Governing Board of the Authority. (c) The term "facility" shall mean any one or a combination of two or more of the following for supplying water and electric power in the Virgin Islands, to wit: water and/or power supply and distribution systems, including distillation plants, plants for generating electricity by any means, stations, distribution lines, reservoirs, dams, canals, tunnels, conduits, wells, intakes, mains, laterals, stand-pipes, hydrants, meters, valves and other structures and equipment, and any other works, together with all parts thereof and appurtenances thereto and lands, rights in lands, and rights and privileges in connection therewith, which the Authority shall deem to be necessary, proper, incidental or convenient in connection with its activities, and which are customarily used and employed in the production, collection, distillation, utilization, transmission, distribution, sale, exchange, rendering, or other disposition of water, electric power, electric equipment, supplies, services or other activities in which the Authority shall engage or desire to engage pursuant to its purposes. (d) The term "water and electric power systems" shall mean all the facilities, as herein defined, for developing and supplying water and electric power. (e) The term "water system" shall mean that part of the facilities, as herein defined, which the Authority shall deem to be necessary, proper, incidental, or convenient in connection with the development and supply of water, together with that part of the facilities for joint use in connection with the development and supply of water and electric power which the Authority shall deem to be fairly allocable to its water system. (f) The term "electric power system" shall mean that part of the facilities, as herein defined, which the Authority shall deem to be necessary, proper, incidental or convenient in connection with the development and supply of electric power, together with that part of the facilities for joint use in connection with the development and supply of water and electric power which the Authority shall deem to be fairly allocable to its electric power system. (g) The term "Virgin Islands Water and Power Systems" shall mean the water and power systems developed or acquired by the Authority under this chapter. (h) The term "Electric Power and Water Distillation Systems of the Virgin Islands Corporation" shall mean the water supply and distillation works, electric generating works, distribution works and all other facilities, and other property, rights, franchises, contracts, leases, records and accounts receivable, properly attributable to the water and power operations of said corporation. (i) The term "bonds" shall mean the bonds, temporary bonds, refunding bonds, debentures, notes, interim bonds, receipts, certificates, or other evidences of indebtedness or obligations which are authorized to be issued by this chapter. (j) The term "holder of bonds" or "bondholders" or any similar term shall mean any person who shall be the bearer of any outstanding bond or bonds registered to bearer, or not registered, or the registered owner of any outstanding bond or bonds which at the time shall be registered other than to bearer. (k) The term "Federal agency" shall mean the United States of America, the President or any department thereof, or any corporation, agency or instrumentality heretofore or hereafter created, designated, or established by the United States of America. (l) Words importing the singular number shall include the plural number and vice versa, and words importing persons shall include firms, partnerships of all kinds and corporations. History: Added Aug. 13, 1964, No. 1248, Sess. L. 1964, p. 378.

(a) There is hereby created a body corporate and politic constituting a public corporation and autonomous governmental instrumentality of the Government of the Virgin Islands, by the name of the "Virgin Islands Water and Power Authority", which shall be governed by a board consisting of the Director of the Virgin Islands Energy Office and six non-governmental members and who shall be appointed by the Governor with the advice and consent of the Legislature. Of the non-governmental members, three must be residents of the District of St. Thomas-St. John, of whom at least one must reside on St. John and three must be residents of the District of St. Croix. No more than two of the non-governmental board members, may reside outside of the territory. Non-governmental members shall be appointed for terms of three years, provided, however, that the first appointments made pursuant to this subsection shall be for a term of one year for one of the members from the District of St. Thomas-St. John, and for one of the members from the District of St. Croix, and for a term of two years for one of the members from the District of St. Thomas-St. John, and for one of the members from the District of St. Croix. Any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term, provided, however, that each member shall serve until the appointment and confirmation of his successor. Non-government members may be reappointed with the advice and consent of the Legislature and such members may be removed for cause by the Governor. The Government member shall serve during the term of their government position at the pleasure of the Governor. The government member shall not be paid compensation in addition to his regular government salary by reason of his service on the Governing Board. Non-government members shall be compensated at the rate of $175 a day for each day or fraction thereof spent in the work of the Authority. All members shall be entitled to reimbursement for, or per diem in lieu of, necessary travel expenses. (b) The Authority hereby created is and shall be an autonomous governmental instrumentality subject, as provided for herein, to the control of the Governing Board thereof, but it is a corporation having legal existence and personality separate and apart from the Government. Subject to section 112(a) of this title, the debts, obligations, contracts, bonds, notes, debentures, receipts, expenditures, accounts, funds, facilities, and property of the Authority shall be deemed to be those of said Authority and not to be those of the Government of the Virgin Islands, or any office, bureau, department, agency, commission, municipality, branch, agent, officer or employee thereof. (c) Non-governmental members of the Governing Board must have formal education or experience in at least one of the following: (1) Engineering, power generation; (2) energy, natural resources conservation, environmental science, planning; (3) economics, accounting, finance; (4) public affairs; (5) law; or (6) Computer Technology Information Systems. (d) No member of the Board may enter into an employment relationship, consulting or representation agreement or other similar contractual agreement with any entity contracted or subcontracted by the Authority for a period of one year after the member ceases to serve as a member on the Board. History: Added Aug. 13, 1964, No. 1248, Sess. L. 1964, p. 378; amended Dec. 3, 1968, No. 2366, § 1b, Sess. L. 1968, Pt. II, p. 372; Mar. 14, 1978, No. 4108, § 1, Sess. L. 1978, p. 42; June 1, 1984, No. 4951, § 1, Sess. L. 1984, p. 152; Sept. 28, 1990, No. 5636, § 1(n), Sess. L. 1990, p. 347; amended Aug. 3, 2021, No. 8472, § 1(a)(1)-(3)(A), (B), (4)(A), (B), (5), (b), Sess. L. 2021, p. -.

(a) The powers of the Authority shall be exercised by a Governing Board consisting of the members of the Authority acting as a board. The Board shall meet and organize and, as soon as practicable, shall elect a Chairman and Vice Chairman from among its members, and appoint an Executive Director of the Authority who shall be authorized to attend all meetings of the Board but shall not be entitled to vote. (b) Four members of the Board shall constitute a quorum for the purpose of organizing the Authority and conducting the business thereof and for all other purposes, and all action shall be taken by a vote of the majority. (c) The Board may appoint an Executive Director of the Authority, and such officers, agents, or employees, permanent or temporary, and by contract or otherwise may employ such consulting engineers, superintendents, managers, fiscal, legal and other technical experts, as it may deem necessary, and shall determine their qualifications, duties, tenure and compensation without regard to chapter 25 of Title 3. The bylaws of the Authority may provide for the delegation to its Executive Director or its other officers, agents or employees of such of the powers and duties of the Authority as the Board may deem proper. (d) (1) The Executive Director shall be appointed by the Board exclusively upon the basis of merit as determined by technical training, skill, experience, and other qualifications best suited to carrying out the purposes of the Authority. The Executive Director, at a minimum, shall possess combined minimum 10 years of documented experience successfully managing a public or private utility or business activity similar, or greater, in scope and size to the Authority, and either graduation from an accredited institution of higher education with (i) a bachelor's degree or higher in business or public sector management, or closely related field or discipline, or (ii) graduation from an accredited institution of higher learning with a bachelor's degree or higher in engineering or engineering technology. The Executive Director shall be removable by the Board but only for cause and after notice and an opportunity to be heard. (2) The powers of the Executive Director include the following: (A) Enforcement of all regulations of the Authority. (B) Attendance at all meetings of the Board and submission of a general report of the affairs of the Authority. (C) Advisement of the Board as to the needs of the Authority and approval demands for the payment of obligations of the Authority within the purposes and amounts authorized by the Board. (D) Preparation of or causing to be prepared all plans and specifications for the construction of the works of the Authority. (E) Selection and appointment of the employees of the Authority, except as otherwise provided by this chapter, and the planning, organization, coordination and control of the services of the employees in the exercise of the powers of the Authority under the general direction of the Board. (F) Subject to the approval of the Board, contracting with a corporation to perform some of the duties of the Authority, or to render expert and technical assistance in the operation of the Authority. The contract must not exceed a three-year term. A corporation contracted pursuant to this section must have a minimum of five years of experience in the operation of an electrical power utility of similar or greater scope than the Authority. (G) Performance of any other powers or duties delegated by the Board. (e) The Chief Financial Officer of the Authority must be appointed by the Executive Director exclusively upon the basis of merit as determined by technical training, skill, experience, and other qualifications best suited to carrying out the purposes of the Authority. The Chief Financial Officer is removable by the Board but only for cause and after notice and an opportunity to be heard. The Chief Financial Officer must be, at a minimum, a have an advanced degree in business or financial management, accounting, or financial analysis and possess five years of documented, progressively responsible experience at a public/private utility, a major company or division of a large corporation. The Chief Financial Officer must have full charge and control of the fiscal, business and accounting operations of the Authority, subject to the supervision of the Executive Director and Board, and the Board shall fix the Chief Financial Officer's compensation. (f) The Board shall hire Board Counsel who must have been admitted to practice law in the Virgin Islands. The Board Counsel works solely for the Governing Board and shall advise the Board on all legal matters and may represent the Governing Board in connection with legal matters before the Legislature, boards and other agencies of the Territory. (g) The Board may contract with a corporation to perform any or all of the duties and to exercise any or all of the powers of the Executive Director as provided in this section. However, if the Board decides to contract with a corporation to perform all of the duties and to exercise all of the powers of the Executive Director, the contract must not exceed a term of three years. The company contracted pursuant to this section must have a minimum of five years of experience in the operation of an electrical power utility of similar, or greater, scope than the Authority, and the contract must be submitted to the Legislature of the Virgin Islands for its approval. (h) All property, personnel, records, contracts, leases, rights, franchises and unexpended balances of appropriations and funds of the Commissioner of Public Works or the Department of Public Works, relating to water supply, including the distribution system, are hereby transferred to the Authority, effective at such time as may be determined by statute; Provided, That any personnel so transferred who are found to be in excess of the personnel required for the efficient administration of the functions of the Authority, shall be retransferred under existing law to other positions in the Government of the Virgin Islands. (i) The transfer to the Authority of all personnel of the Virgin Islands Corporation employed in connection with its water and power supply (including water distillation) and distribution functions is hereby authorized in the event that the Authority shall acquire, in accordance with section 105(6) of this title, the Electric Power and Water Distillation Systems of the Virgin Islands Corporation; provided, that any personnel so transferred who are found to be in excess of the personnel required for the efficient administration of the functions of the Authority shall be retransferred to other positions in the Government of the United States Virgin Islands. (j) Any employee of the Government of the Virgin Islands or of the Virgin Islands Corporation transferred to and retained by the Authority pursuant to subsections (h) and (i) of this section shall be credited by the Authority with the amount of accumulated and current accrued annual leave to which he is entitled under local or federal law, as the case may be, and for which leave such employee has not received lump-sum payment. (k) The Board shall credit employees transferred pursuant to the provisions of subsection (h) of this section with all accumulated sick leave, and shall provide such other benefits equivalent to other employees of the Virgin Islands Water and Power Authority, but in no case shall transferred employees receive less benefits than they are receiving as employees of the Government of the Virgin Islands. (l) No employee transferred pursuant to subsections (h) and (i) of this section shall be reduced in pay. History: Added Aug. 13, 1964, No. 1248, Sess. L. 1964, p. 378; amended Dec. 3, 1968, No. 2366, § 1c, Sess. L. 1968, Pt. II, p. 373; Mar. 14, 1978, No. 4108, § 2, Sess. L. 1978, p. 43; June 24, 1987, No. 5265, § 1301(f), (g), Sess. L. 1987, pp. 95, 96; amended Aug. 3, 2021, No. 8471, § 4(a)(1), (2), (b), Sess. L. 2021, p. 114, 115; amended Dec. 2, 2024, No. 8954, § 5, Sess. L. 2024, p. -.

The Authority is created for the purpose of developing and utilizing and aiding in the development and utilization of adequate water and electric power systems for the people of the Virgin Islands, and any other service or facilities incidental or appropriate thereto, including the providing of services for wholesale advanced communications capabilities and services and telecommunications systems, and making the benefits thereof available to the inhabitants of the Virgin Islands in the widest economic manner consistent with sound fiscal management, and by this means to promote the general welfare and increase commerce and prosperity; the Authority is granted and shall have and may exercise all rights and power necessary or desirable for carrying out said purposes, including, but without limiting the generality of the foregoing, the following: (1) to have perpetual existence as a corporation; (2) to adopt, alter, and use a corporate seal which shall be judicially noticed; (3) to make, and from time to time modify, and repeal, bylaws, rules and regulations, not inconsistent with this chapter, providing for the internal organization and management of the Authority, for the administration of its affairs and operations, and for carrying into effect the powers and purposes of the Authority; (4) to sue and be sued in its corporate name; (5) to make contracts and to execute all instruments necessary or convenient in the exercise of any of its powers; (6) to acquire property, real, personal, or mixed, tangible or intangible, or any interest therein deemed by it to be necessary or desirable for carrying out the purposes of the Authority (including its own securities) by any lawful means (including, but without limitation, the exercise of the power of eminent domain in accordance with chapter 19 of Title 28), and to own, hold, develop, improve, redevelop, enlarge, extend, repair, maintain, use and operate said property; (7) to sell, lease, exchange, transfer, assign, mortgage, pledge, or otherwise dispose of, or encumber, any real or personal property, or any interest or estate in such; provided, that no provisions of law with respect to the acquisition, operation or disposition of property by other public agencies shall be applicable to the Authority unless the Legislature shall specifically so provide; and provided further, that except for a sale resulting from mortgage foreclosure, in no case shall the Authority have the power to sell any property unless the same, in the judgment of the Government Board, is no longer required for carrying out the business of the Authority or for effectuating the purposes of this chapter; provided, however, that the powers of this paragraph shall not apply where the Legislature has specifically exempted or restricted property from this paragraph; (8) to borrow money, make and issue bonds of the Authority for any of its corporate purposes, and give security therefor as provided for in subchapter III of this chapter; (9) to make and issue bonds for the purpose of funding, refunding, purchasing, paying, or discharging any of the outstanding bonds or obligations issued or assumed by it; (10) to accept grants or loans from, and enter into contracts, leases, agreements, or other transactions with, any Federal agency, the Government of the Virgin Islands, or political subdivisions thereof, and to expend the proceeds of any such grants or loans for any of its corporate purposes; provided, however, that if a grant, loan, or the proceeds of a bond issue are made expressly subject to conditions precedent to the receipt of such grant, loan, or the proceeds of a bond issue, then the Authority shall comply with such conditions; (11) to invest funds in United States obligations or other securities approved for investment for the Government of the Virgin Islands; (12) except that the Authority may not charge a reconnection fee or any administrative or service fee associated with the reconnection of electrical and water services in excess of $25 for services disconnected for untimely non-payment or may not charge any fee for the reconnection of electrical and water services, when the customer is on the disconnection list, but the power has not been disconnected, if the customer pays before disconnection and that the Authority shall install electrical poles and power lines and maintain and install street lights at no cost to its customers to determine, fix, alter, charge, and collect reasonable rates, fees, and other charges for the use of the facilities of the Authority, or for the services, water, except for water obtained by the Fire Services at metered stand pipes that is used to out fires and which shall be provided free of charge, electric power, or other commodities rendered or furnished by it, which shall be at least sufficient, together with all other available moneys, revenues, income and receipts of the Authority from all sources, for the payment of the expenses of the Authority incurred in connection with the repair, maintenance, use and operation of its facilities and properties, for the payment of the principal of and the interest on its bonds, and for fulfilling the terms and provisions of such covenants as may be made with, or for the benefit of, the purchasers or holders of any bonds of the Authority; provided, that in fixing rates, fees, and other charges for water and electric power, the Authority shall have in view the encouragement of the widest economically possible use of water and electric power consistent with sound fiscal management; and in this connection it is the intention of the Legislature that in fixing such rates, fees and other charges the Authority shall take into account the respective expenses, as hereinbefore enumerated in this subparagraph, for the water and electric power systems; provided, further, that initially, the Authority shall adopt the existing rates, fees and other charges for water and power, and that, thereafter, before changes in such general rate structure for water or electric power are made, or, in cases where the Board shall decide to make such changes and deems the immediate effectiveness thereof to be necessary, then within a reasonable time after such changes are made, a public hearing shall be held with respect thereto before the Board, or before such hearing officer or officers as the Board may designate to give interested persons an opportunity to advise the Board of their views and of evidence in support thereof, and upon such hearing, the Board, pursuant to the powers, duties, and obligations vested in it by this chapter, may alter, suspend, or revoke such changes; (13) to have complete control and supervision of facilities and properties constructed or acquired by it, including the power to determine the character of and necessity for all its expenditures and the manner in which they shall be incurred, allowed and paid, and such determinations shall be final and conclusive for all purposes; (14) to prepare, or cause to be prepared, plans, designs, specifications and estimates of costs for the acquisition, construction, reconstruction, extension, improvement, enlargement, or repair of any facility, and from time to time to modify such plans, designs, specifications and estimates; (15) to acquire in accordance with paragraph (6) of this subsection, produce, impound, develop, treat, hold, use, transmit, distribute, supply, exchange, sell, rent, and otherwise dispose of water, electric power, equipment, and/or such other things, supplies and services as the Authority shall deem necessary, proper, incidental, or desirable in connection with its activities under this chapter; (16) to construct or reconstruct any facility, and any additions, improvements and extensions thereto by contract or contracts, and/or under, through, or by means of its officers, agents, and employees; (17) to enter on any lands, property or structure after notifying the owners or holders thereof, or their representatives, for the purpose of making surveys, appraisals, soundings, borings, or examinations, and to enforce the power of such entry by appropriate proceedings in a court of competent jurisdiction if entry is denied or resisted; provided, that the Authority shall restore any such land, property or structure, insofar as possible to their condition or state at the time of entry; (18) to construct or place any facilities and to operate, maintain, and extend the same, across, in, over, under, through, or along any street, public highway, or any lands which may now or hereafter be the property of the Government of the Virgin Islands without obtaining any franchise or other permit therefor; provided, that the Authority shall obtain the consent of the Commissioner of Public Works with respect to construction affecting public lands and highways; and, provided, that the Authority shall restore any such street, highway, or lands, insofar as possible to their condition or state at the beginning of the work and shall not use the same in a manner unnecessarily to impair their usefulness; (19) to install and maintain adequate street lights in the urban and rural residential sections; (20) to maintain and control the Water Purification Barge donated to the Government of the Virgin Islands by the U.S. Department of Interior. The Water Purification Barge is hereby transferred to the V.I. Water and Power Authority; (21) subject to the provisions of section 104(e) of this title, to perform all of the functions, consistent with this chapter, heretofore vested in the Governor of the Virgin Islands and the Commissioner of Public Works by chapter 3 of this title; (22) to do all acts or things necessary or desirable to carry out the powers granted to it by this chapter or by any other Act of the Legislature of the Virgin Islands; (23) to participate in the programs of any Federal agencies in the fields of water and electric power supply (including water distillation) and distribution and, consistent with this chapter, to do any and all things necessary to secure participation in such programs and the cooperation of such agencies in achieving the policies and purposes of this chapter; and (24) to do all acts or things necessary to carry out the applicable provisions of The Virgin Islands Ratepayers' Bill of Rights in section 1a of this title. History: Added Aug. 13, 1964, No. 1248, Sess. L. 1964, p. 378; amended Dec. 3, 1968, No. 2366, § 1d, Sess. L. 1968, Pt. II, p. 373; Oct. 23, 1980, No. 4497, § 5, Sess. L. 1980, p. 226; Dec. 29, 2001, No. 6486, § 2, Sess. L. 2001, p. 366; Sept. 18, 2002, No. 6570, § 32, Sess. L. 2002, p. 537; May 28, 2005, No. 6732, § 10, Sess. L. 2005, p. 153; Aug. 31, 2005, No. 6755, § 4, Sess. L. 2005, p. 229; Apr. 28, 2011, No. 7257, § 14, Sess. L. 2011, p. 68; July 1, 2011, No. 7259, § 1, Sess. L. 2011, p. 80; amended Oct. 23, 2013, No. 7562, § 4, Sess. L. 2013, p. 199; amended Oct. 26, 2020, No. 8375, § 3(a)-(d), Sess. L. 2020, p. 185.

Conditions; Etc (a) By authority of the Government of the Virgin Islands under section 8(b)(i) of the Revised Organic Act of the Virgin Islands, as amended, which is hereby granted, the Authority may issue and sell bonds from time to time and have outstanding at any one time, exclusive of bonds issued solely for the purpose of exchanging the same in return for the cancellation of bonds either issued by the Authority or assumed by it, bonds not in excess of $750,000,000, in aggregate for particular purposes, in addition to (i) the amount of any loans from a Federal agency and obligations issued to secure such loans and (ii) capital and operating leases entered into by the Authority; for particular purposes; provided, however, that refunding bonds of the Authority issued solely for the purpose of applying the proceeds thereof to the payment for, or purchase of, bonds issued by the Authority or assumed by it, shall not be included in computing any such limitation until six (6) months after their sale. (b) Payment of the bonds of the Authority may be secured by a pledge or lien on all or any part of its properties, contracts, gross or net rates, fees, revenues, other income or bond proceeds to which the rights of the Authority then exist or may thereafter come into existence or by pledge of or lien on any loan, grant, or contribution, or parts thereof, from any Federal agency, the Government of the Virgin Islands (except as provided for in section 112(b) of this chapter) or any other source. It is the intention hereof that any pledge of revenues or other monies, or of a revenue-producing contract or contracts made by the Authority shall be valid and binding from the time when the pledge is made; that the revenues, or other monies or proceeds of any contract or contracts so pledged and thereafter received by the Authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act; and that the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contracts or otherwise against the Authority irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded. (c) In accordance with section 8(b) of the Revised Organic Act of the Virgin Islands, as amended, the bonds of the Authority shall be exempt as to principal and interest from taxation by the Government of the United States, or by the Government of the Virgin Islands, or by any state, territory, or possession, or by any political subdivision of any state, territory or possession, or by the District of Columbia. (d) Bonds of the Authority shall be authorized by resolution or resolutions of the Board, and shall comply with all pertinent provisions of the Revised Organic Act of the Virgin Islands, as amended, or such other provisions of applicable Federal law as may be in effect at the time. Except as otherwise provided for by said Act or other Federal law, bonds of the Authority may be issued in one or more series and shall bear such date or dates, mature in such amounts and at such time or times, bear interest at such rate or rates, payable semiannually, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed by such members or officers in such manner, be payable in such medium of payment, at such place or places, may be declared or become due at such time before the maturity date thereof, may be authenticated in such manner and upon compliance with such conditions, and may contain such other terms and covenants as such resolutions or its trust indenture may provide. (e) The bonds shall be sold in such manner as permitted by the Revised Organic Act of the Virgin Islands, as amended, or other applicable Federal law, at such price as the Authority may determine. (f) In case any of the members or officers of the Authority whose signatures appear on any bonds or coupons shall cease to be such members or officers before the delivery of such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if such members or officers had remained in office until such delivery. Any provision of any law to the contrary notwithstanding, any bonds issued by the Authority pursuant to this chapter shall be negotiable for all purposes, subject to the provisions of bonds for registration. (g) Neither the members of the Authority nor any person executing the bonds shall be liable personally on the bonds or be subject to any liability by reason of the issuance thereof. (h) In any suit, action or proceeding involving the validity or enforceability of any bond of the Authority or the security therefor, any such bond reciting in substance that it has been issued by the Authority to aid in financing a facility as defined in this chapter, shall be conclusively deemed to have been issued for such purpose, and the facility shall be conclusively deemed to have been undertaken, constructed or acquired in accordance with the provisions of this chapter. History: Added Aug. 13, 1964, No. 1248, Sess. L. 1964, p. 378; amended Dec. 6, 1966, No. 1824, § 1, Sess. L. 1966, p. 535; Apr. 17, 1967, No. 1906, § 1, Sess. L. 1967, p. 91; Dec. 3, 1968, No. 2366, § 1e, f, Sess. L. 1968, Pt. II, p. 373; Feb. 13, 1970, No. 2625, Sess. L. 1970, p. 14; July 29, 1971, No. 3076, Sess. L. 1971, p. 302; Feb. 8, 1973, No. 3375, Sess. L. 1972, p. 568; Feb. 13, 1992, No. 5773, § 1, Sess. L. 1992, p. 21; Feb. 11, 1998, No. 6202, § 1, Sess. L. 1998, p. 28; Jan. 10, 2003, No. 6571, § 29, Sess. L. 2002, p. 601; Oct. 11, 2008, No. 7028, § 6, Sess. L. 2008, p. 375; amended Nov. 10, 2018, No. 8138, § 1(1), (2), Sess. L. 2018, p. 302.

In any resolution or resolutions authorizing the issuance of bonds, the Authority may contract with the holders of the bonds to undertake and obligate itself of such commitments, as long as the bonds are outstanding and unpaid, as are deemed by the Board to be necessary and appropriate for the protection of the bondholders and the marketability of the bonds, and may specifically in addition to any other provisions- (a) covenant as to the disposition of the entire gross or net revenues and present or future income of the Authority including the pledging of all or any part thereof to secure payment of the bonds and the interest thereon; (b) covenant against making, permitting or suffering any pledge or other lien on all or any part of its receipts, revenues or other income, or real or personal property, to which its right or title then exists or may thereafter come into existence; covenant with respect to limitations on any sale, lease or other disposition of the Virgin Islands Water and Power Systems or any part or parts thereof; and covenant as to what other or additional debts or obligations may be incurred by it; (c) covenant as to the bonds then or thereafter to be issued as to the issuance of such bonds in escrow or otherwise, as to the use and disposition of the proceeds thereof, and as to the limitations on the issuance of additional bonds; covenant against extending the time for the payment of its bonds or interest thereon; and covenant for redemption of the bonds and provide for the terms and conditions thereof; (d) covenant as to the rates, fees, rentals, and other charges to be fixed and collected, the amount to be raised each year or other period of time thereby, and as to the use and disposition to be made thereof; (e) create or authorize the creation of special funds or reserves for moneys held for construction or operating costs, debt service, reserves, or other purposes; and covenant as to the use, disposition and investment of the moneys held in such funds; (f) covenant as to the use, maintenance and replacement of any or all of its real or personal property, the amount and kind of insurance to be carried thereon and the use and disposition of insurance moneys; (g) prescribe the procedure, if any, by which the terms of the bonds, resolution, or any other contract with the bondholders may be modified, the amount of bonds, the holders of which must consent thereto, and the manner in which such consent may be given; (h) covenant as to and prescribe the events of default and terms and conditions upon which any or all of its bonds shall become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived; (i) covenant as to the rights, liabilities, powers and duties arising upon the nonperformance by the Authority of any of its covenants, conditions, or obligations, including the right and remedies of bondholders which may be in addition to remedies specified in this chapter; (j) vest in a trustee or trustees the right to enforce the payment of the bonds or any covenants securing or relating to the bonds and the right, in the event of a default by the Authority, to take possession of and use, operate and manage the Virgin Islands Water and Power Systems or any part or parts thereof or any funds connected therewith (except funds loaned or granted to the Authority by the Government of the United States Virgin Islands in accordance with section 112(b) of this title), and to collect the rates, fees, revenues, or other income arising therefrom and to dispose of such moneys in accordance with the agreement of the Authority with the holders of the bonds; provide for the powers and duties of such trustee or trustees which may be a national banking association or a bank or trust company organized under the laws of the United States or of the Virgin Islands or any state, and limit the liabilities thereof; and provide the terms and conditions upon which the holders of the bonds or any proportion of them may enforce any covenant or rights securing or relating to the bonds; and (k) exercise all or any part or combination of the powers herein granted; make covenants and to do any and all such acts and things not inconsistent with this chapter as may be necessary and desirable in order to secure its bonds, or as may tend to make the bonds more marketable notwithstanding that such covenants, acts or things may not be enumerated herein. History: Added Aug. 13, 1964, No. 1248, Sess. L. 1964, p. 378.

(a) The Authority is authorized to covenant for the right to receivership upon default as hereinafter set forth in subsections (b) to (f) of this section inclusive, or to limit such right by definition of default or otherwise, in its agreement with the bondholders. (b) In the event that the Authority shall default in the payment of the principal of, or interest on, any of its bonds after the same shall become due, whether it be a default in the payment of the principal and interest or in the payment of interest only at maturity or upon call for redemption, and such default shall continue for a period of thirty (30) days, or in the event that the Authority or the Board, officers, agents, or employees thereof shall default on any agreement made with the holders of the bonds, any holder or holders of the bonds (subject to any contractual limitation as to a specific percentage of such holders), or trustee therefor, shall have the right to apply in an appropriate judicial proceeding to any court of competent jurisdiction in the Virgin Islands for the appointment of a receiver of the facilities, the income or revenues of which are pledged to the payment of the bonds so in default, whether or not all the bonds have been declared due and payable and whether or not such holder, or trustee therefor, is seeking or has sought to enforce any other right or to exercise any remedy in connection with such bonds. Upon such application and showing the court may appoint, and if the application is made by the holders of twenty-five (25%) per centum in principal amount of such bonds then outstanding, or by any trustee for holders of bonds in such principal amount, shall appoint a receiver of such facilities. (c) The receiver so appointed shall forthwith, directly or by his agents and attorneys, enter into and upon and take possession of such facilities and may exclude the Authority, its Board, Officers, agents, and employees and all persons claiming under them, wholly therefrom and shall have, hold, use, operate, manage, and control the same, and, in the name of the Authority or otherwise, as the receiver may deem best, shall exercise all the rights and powers of the Authority with respect to such facilities as the Authority itself might do. Such receiver shall maintain, restore, insure, and keep insured, such facilities and from time to time shall make all repairs necessary or proper for the conservation of the facilities, shall establish, levy, maintain, and collect such rates, fees, and other charges in connection with such facilities as such receiver may deem necessary, proper and reasonable, consistent with the purposes of the receivership and the purposes of this chapter, and shall collect and receive all income and revenues and deposit the same in a separate account and apply the income and revenues so collected and received in such manner as the court shall direct. (d) Whenever all that is due upon the bonds, and interests thereon, and under any of the terms of any covenants or agreements with bondholders shall have been paid or deposited as provided therein, and all defaults in consequence of which a receiver may be appointed shall have been cured and made good, the court may, in its discretion and after such notice and hearing as it deems reasonable and proper, direct the receiver to surrender possession of such facilities to the Authority, the same right of the holders of the bonds to obtain the appointment of a receiver to exist upon any subsequent default as hereinabove provided. (e) Such receiver shall act, in the performance of the powers hereinabove conferred upon him, under the direction and supervision of the court and shall at all times be subject to the orders and decrees of the court and may be removed thereby. Nothing herein contained shall limit or restrict the jurisdiction of the court to enter such other and further orders and decrees as such court may deem necessary or appropriate for the exercise by the receiver of any functions specifically set forth in this chapter. (f) Notwithstanding anything in this section to the contrary, such receiver shall have no power to sell, assign, mortgage, or otherwise dispose of any assets of whatever kind or character belonging to the Authority and useful for its activities, but the powers of any such receiver shall be limited to the operation and maintenance of the facilities of the Authority, and the collection and application of the income and revenues therefrom, and the court shall not have jurisdiction to enter any order or decree requiring or permitting said receiver to sell, mortgage, or otherwise dispose of any such assets. History: Added Aug. 13, 1964, No. 1248, Sess. L. 1964, p. 378.

(a) Subject to any contractual limitations binding upon the holders of any issue of bonds, or trustees therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion or percentage of such holders, any holder of bonds, or trustee therefor, shall have the right and power, for the equal benefit and protection of all holders of bonds similarly situated- (1) by mandamus or other suit, action, or proceeding at law or in equity to compel the Authority and its Board, officers, agents, or employees to perform and carry out its and their duties and obligations under this chapter and its and their covenants and agreements with bondholders; (2) by action or suit in equity to require the Authority and the Board thereof to account as if they were the trustees of an express trust; (3) by action or suit in equity to enjoin any acts or things which may be unlawful or in violation of the rights of the bondholders; and (4) to bring suit upon the bonds. (b) No remedy conferred by this chapter upon any holder of the bonds, or any trustee therefor, is intended to be exclusive of any other remedy, but each such remedy is cumulative and in addition to every other remedy, and may be exercised without exhausting and without regard to any other remedy conferred by this chapter or by any other law. No waiver of any default or breach of duty or contract, whether by any holder of the bonds, or any trustee therefor, shall extend to or shall affect any subsequent default or breach of duty or contract or shall impair any rights or remedies thereon. No delay or omission of any bondholder or any trustee therefor to exercise any right or power accruing upon default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein. Every substantive right and every remedy, conferred upon the holder of the bonds, may be enforced and exercised from time to time as often as may be deemed expedient. In case of any suit, action or proceeding to enforce any right or exercise any remedy shall be brought or taken and then discontinued or abandoned, or shall be determined adversely to the holder of the bonds, or any trustee therefor, then and in every such case the Authority and such holder, or such trustee, shall be restored to their former positions and rights and remedies as if no such suit, action, or proceeding had been brought or taken. History: Added Aug. 13, 1964, No. 1248, Sess. L. 1964, p. 378.

The bonds of the Authority shall be lawful investment, and may be accepted as security, for all fiduciary, trust and public funds, the investment or deposit of which shall be under the authority or control of the Government of the Virgin Islands or any officer or officers thereof. History: Added Aug. 13, 1964, No. 1248, Sess. L. 1964, p. 378.

(a) All property including funds of the Authority shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall any judgment against the Authority be a charge or lien upon its property; provided, however, that this subsection shall not apply to or limit the right of bondholders to pursue any remedies for the enforcement of any pledge or lien given by the Authority on its rates, fees, revenues, or other income or any other funds. (b) The purpose for which the Authority is created and shall exercise its powers being public purposes, the property of the Authority, its income and its activities shall be exempt from all taxes and special assessments of the Virgin Islands or any political subdivision thereof. In lieu of taxes, the Authority shall pay ten percent (10%) of its net revenues or $500,000, whichever is greater, to the Government of the Virgin Islands as a contribution to the General Fund. History: Added Aug. 13, 1964, No. 1248, Sess. L. 1964, p. 378; amended Apr. 6, 1998, No. 6224, § 1, Sess. L. 1998, p. 236; Dec. 2, 1999, No. 6333, § 26(a)1., Sess. L. 1999, p. 200.

Authority; Loans and Grants (a) For the purpose of assisting the Authority with its financing, the Government of the Virgin Islands, to the extent permitted by the Revised Organic Act of the Virgin Islands, as amended, or any other applicable Federal law, may- (1) guarantee payment of the bonds of the Authority, both as to principal and interest; (2) employ its funds in the purchase of the bonds of the Authority, notwithstanding any provision of any law to the contrary. (b) For the purpose of raising funds to be granted or loaned to the Authority to construct, improve, extend, better, repair, reconstruct, acquire and equip any part of the Authority's water systems, the Government of the Virgin Islands may- (1) borrow money, make and issue bonds or other evidence of indebtedness, and secure such bonds or other obligations by pledge of the Government's credit and taxing power, as provided for in section 113 of this title; (2) make or issue bonds for the purpose of funding, refunding, purchasing, paying, or discharging any of the outstanding bonds or obligations issued, guaranteed or assumed by it in pursuance of this section. History: Added Aug. 13, 1964, No. 1248, Sess. L. 1964, p. 378.

Virgin Islands In pursuance of section 8(b)(ii) of the Revised Organic Act of the Virgin Islands, as amended, the issuance of general obligation bonds or other obligations by the Government of the Virgin Islands, not in excess of five million five hundred thousand dollars ($5,500,000) in aggregate principal amount of said bonds outstanding at any one time, is hereby authorized and approved, as the Governor may deem necessary and advisable, subject to the same qualifications upon said limitation as are set forth in section 106(a) of this title. To the extent consistent with section 8(b)(ii) of the Revised Organic Act of the Virgin Islands, as amended, or any other applicable Federal law, the provisions of subsections (c) through (h) of section 106 and of section 110 of this title shall apply equally to the bonds of the Government of the Virgin Islands and all powers thereby vested in the Authority, its Board, members, officers and other persons shall apply instead to the Governor of the Virgin Islands and his designee or designees, who shall be officers or employees of the Government of the Virgin Islands; provided, however, that the bonds of the Government of the Virgin Islands shall be issued by a written declaration or declarations of the Governor which shall provide for public or private sale of the bonds and for their redemption with or without premium, and shall contain such other provisions as may be deemed necessary or desirable for the protection of the bondholders and the security of the bonds. History: Added Aug. 13, 1964, No. 1248, Sess. L. 1964, p. 378; amended Nov. 21, 1967, No. 2069, Sess. L. 1967, p. 519.

Islands (a) For the purpose of further aiding the Authority in developing and maintaining the Virgin Islands Water and Power Systems, the Government of the Virgin Islands or any political subdivision thereof, may at the request of the Authority and upon such terms, with or without consideration, as said Government or political subdivision shall determine- (1) dedicate, sell, convey, or lease any of its interest in any property or grant easements, licenses or any rights or privileges therein to the Authority; (2) cause services of the character which it is otherwise empowered to render to be furnished to the Authority. (b) Any sale, conveyance, lease or agreement provided for in this section may be made without appraisal, public notices, advertisement or public bidding, notwithstanding any other laws to the contrary. History: Added Aug. 13, 1964, No. 1248, Sess. L. 1964, p. 378.

(a) All moneys of the Authority shall be deposited in qualified depositories for funds of the Government of the Virgin Islands, but they shall be kept in separate accounts in the name of the Authority. The disbursements shall be made by it pursuant to regulations and budgets approved by the Board. Notwithstanding the provisions of this subsection the Authority shall have power to contract with the holders of any of its bonds as to the custody, collection, investment and payment of any moneys of the Authority, or any moneys held in trust or otherwise for the payment of bonds or in any way to secure bonds, and deposits of such moneys may be secured in the same manner as moneys of the Authority; except that any investment of monies in the portfolio of the Authority may be done pursuant to 29 V.I.C., section 919 THIRD (E) through the Virgin Islands Public Finance Authority for a period not exceeding four years. (b) The Authority shall account to the Government of the Virgin Islands in accordance with applicable law for all funds which the Government may furnish to the Authority, by loan or grant. The Authority shall also account to any Federal agency, if and in the manner required, for any funds that it may have received from any such agency. (c) The Authority shall establish an accounting system for the proper statistical control and record of all expenses and income belonging to or managed or controlled by the Authority. Subject to agreements with bondholders, said system shall segregate the accounts for water and power functions, make a reasonable allocation of costs that may be common to both functions, and insofar as advisable, otherwise segregate the accounts for different classes of operations, facilities, and activities of the Authority; provided, that from time to time the Authority shall have its accounts and books, including its receipts, disbursements, contracts, leases, sinking funds, investments and any other matters which relate to its financial condition examined by an independent accountant who shall report thereon to the Board of the Authority and to the Legislature. History: Added Aug. 13, 1964, No. 1248, Sess. L. 1964, p. 378; amended Apr. 12, 2008, No. 6996, § 7, Sess. L. 2008, p. 50.

(a) All purchases and contracts for supplies for services, except for personal services, made by the Authority, including contracts for the construction of facilities of the Authority, shall be made after advertisement for bids sufficiently in advance of opening bids for the Authority to secure appropriate notice and opportunity for competition; provided, that where the expense estimated to be necessary in connection with the purchase or work does not exceed $10,000 the same may be carried out without advertisement for bids. Advertisement for bids shall not be required, however, when- (1) an emergency requires immediate delivery of the materials, supplies, equipment, or performance of the services; or (2) repair parts, accessories, or supplemental equipment or services are required for supplies or service previously furnished or contracted for; or (3) professional, financial (including financial printing) or other expert services or work are required and the Authority shall deem it best in the interest of good administration that contracts therefor be made without such advertisement; or (4) prices are noncompetitive because there is only one source of supply or because regulated under law; in such case the purchase of such materials, supplies, or equipment, or procurement of such services, may be made in the open market in the manner usual in commercial practice. In the comparison of bids and the making of awards, due consideration shall be given to such factors (in addition to whether the bidder has complied with the specifications) as the bidder's ability to perform construction work of the kind involved in the construction contract under consideration; the relative quality and adaptability of materials, supplies, equipment, or services; and the time of delivery or performance offered. The Authority may prescribe rules and regulations for the submission of bids. (b) Any contract, purchase agreement or other instrument of sale accepted by the Authority for construction of a water or power plant shall contain an enforceable performance guarantee by the seller that the completed plant will produce as specified in the accepted contract, purchase agreement, or other instrument of sale. The seller shall provide, in addition to the guarantee, a detailed plan for engineering maintenance supervision and give assurances satisfactory to the Authority that such plan, if implemented will enable the plant to be operated as specified and during the life anticipated in the contract, purchase agreement or other instrument of sale. History: Added Aug. 13, 1964, No. 1248, Sess. L. 1964, p. 378; amended May 21, 1979, No. 4300, § 1, Sess. L. 1979, p. 52; amended Aug. 3, 2021, No. 8471, § 5(a), Sess. L. 2021, p. 115.

Insurance Fund; Unemployment Compensation and Social Security Coverage (a) All officials and employees of the Authority shall be covered by and subject to the Employees Retirement System of the Virgin Islands and the Workmen's Compensation Act. The Authority shall contribute to the Retirement System of the Government of the Virgin Islands its share of the cost of the retirement of the officials and employees on the basis of semiannual billings as determined by the Division of Personnel, Government of the Virgin Islands, and the contribution of officials and employees for retirement shall be deducted from the salaries in the same manner as in the case of regular employees of the Government of the Virgin Islands and shall be paid semiannually to the Retirement Fund of the Government of the Virgin Islands. The Authority shall also contribute to the Government Insurance Fund, on the basis of annual billings as determined by the Commissioner of Finance for the benefit payments made from such fund on account of the Authority's employees. The annual billings shall also include a statement of the fair portion of the cost of the Government Insurance Fund, which shall be paid by the Authority into the Treasury of the Virgin Islands as miscellaneous receipts. (b) For purposes of unemployment compensation, the Authority shall be deemed an employing unit as defined in section 302(q)(1) of Title 24, and the Authority shall make payments to the Unemployment Insurance Subfund and the Unemployment Insurance Administration Subfund in lieu of contributions in the same manner provided for the Government of the Virgin Islands by section 308(d) of Title 24. (c) For purposes of Social Security coverage, the authority shall be deemed as an employing unit following signature of an agreement between the Government of the Virgin Islands and the Social Security Administration; and the Authority shall make appropriate payroll deductions on the part of employees as well as on its own behalf as employer, and such deductions shall be paid to the Social Security Administration in accordance with existing procedures and in a manner identical with other covered agencies of the Government of the Virgin Islands. History: Added Aug. 13, 1964, No. 1248, Sess. L. 1964, p. 378; amended Mar. 1, 1965, No. 1317, Sess. L. 1965, Pt. I, p. 33.

The Authority shall submit to the Legislature and to the Governor of the Virgin Islands, by January 31 of each calendar year (1) audited financial statements, to include balance sheets, statements of revenues, expenses and changes in net assets, and statements of cash flows, and a complete report of the business of the Authority for the preceding fiscal year of the Authority, and (2) a complete report on the status and progress of all of its facilities and activities since the creation of the Authority or the date of its last such report. The Authority shall also submit to the Legislature and to the Governor, at such other times as may be required, official reports of its business and activities under this chapter. History: Added Aug. 13, 1964, No. 1248, Sess. L. 1964, p. 378; amended Aug. 3, 2021, No. 8471, § 5(b)(1)- (5), Sess. L. 2021, p. 116.

The Government of the Virgin Islands does hereby pledge to, contract and agree with, any person, firm or corporation, or any Federal, Virgin Islands or state agency, subscribing to or acquiring bonds of the Authority or of the Government of the Virgin Islands issued for the purposes of this chapter, that it obligates itself not to limit or alter the rights or powers hereby vested in the Authority or the Government, as the case may be, until all such bonds at any time issued, together with the interest thereon, are fully met and discharged. The Government of the Virgin Islands does further pledge to, contract and agree with, any Federal agency that in the event any such agency shall construct, extend, improve, or enlarge or contribute any funds for the construction, extension, improvement, or enlargement of, any facilities, the Government of the Virgin Islands will not alter or limit the rights or powers of the Authority in any manner which would be inconsistent with the continued maintenance and operation of such facilities or the extensions, improvement, or enlargement thereof, or which would be inconsistent with the due performance of any agreements between the Authority and any such Federal agency; and the Authority shall continue to have and may exercise all rights and powers herein granted so long as the same shall be necessary or desirable for the carrying out of the purposes of this chapter and the purpose of any Federal agency in constructing, extending, improving or enlarging, or contributing funds for the construction, extension, improvement or enlargement of, any facilities. History: Added Aug. 13, 1964, No. 1248, Sess. L. 1964, p. 378.

An injunction shall not be granted to prevent the application of this chapter or any part thereof. History: Added Aug. 13, 1964, No. 1248, Sess. L. 1964, p. 378.

(a) No officer, board, commission, department or other agency or political subdivision of the Virgin Islands shall have jurisdiction over the Authority in the management and control of its properties and facilities or any power to require a certificate of convenience or necessity, license, consent, or other authorization in order that the Authority may acquire, lease, own and operate, construct, maintain, improve, extend or enlarge any facility. (b) Nothing contained in subsection (a) may be construed to preclude the Virgin Islands Public Services Commission from exercising jurisdiction to regulate the Authority as a public utility subject to its broad regulatory authority pursuant to chapter 1 of this title. History: Added Aug. 13, 1964, No. 1248, Sess. L. 1964, p. 378; amended Aug. 3, 2021, No. 8471, § 5(c)(1), (2), Sess. L. 2021, p. 116.

Nothing in this chapter shall be construed as exempting the Virgin Islands Water and Power Authority from any law made specifically applicable thereto or generally applicable to public utilities, or independent instrumentalities of the Government of the Virgin Islands, whether such law was enacted before, on, or after February 14, 1980. History: Added Aug. 13, 1964, No. 1248, Sess. L. 1964, p. 378; amended Feb. 14, 1980, No. 4407, § 2(a), Sess. L. 1980, p. 12; amended Aug. 3, 2021, No. 8471, § 5(d), Sess. L. 2021, p. 116.

If any provisions of this chapter or the application of such provisions to any person or circumstance shall be held invalid, the remainder of the chapter and the application of such provisions to persons or circumstances other than those as to which it shall have been held invalid shall not be affected thereby. History: Added Aug. 13, 1964, No. 1248, Sess. L. 1964, p. 378.

of 1978 Notwithstanding any provision in this chapter to the contrary, the Authority shall comply with and be subject to all provisions and requirements of Title 12, chapter 21 of this Code (Virgin Islands Coastal Zone Management Act of 1978). History: Added Oct. 31, 1978, No. 4248, § 14, Sess. L. 1978, p. 315.

(a) The electric power service meters shall be read at least once every month. (b) The Authority shall make the actual reading and date of the reading available to the customer on the customer's bill not later than 30 days after the date of the reading. (c) The Authority shall give each subscriber guidance on reading his own meter. (d) The Authority shall distribute among its current and new subscribers written information in both the English and Spanish languages on how to read the meter and billing of said services, and it may also use for this purpose any means of public information. History: Added Dec. 19, 1984, No. 5028, § 3, Sess. L. 1984, p. 410; amended Aug. 3, 2021, No. 8471, § 5(e) (1), (2), Sess. L. 2021, p. 116.

The Authority is prohibited from disconnecting both electric and water services from a customer where the customer is delinquent in payment for only one service. History: Added Feb. 21, 1996, No. 6092, § 38, Sess. L. 1996, p. 15; amended Feb. 2, 2010, No. 7149, § 16, Sess. L. 2009, p. 416.

(a) The Virgin Islands Water and Power Authority may not back bill customers for additional consumption of water, or electricity power due to faulty meters or previous billing errors, except as provided in this section. (1) In cases of non-functioning or defective meters, the authority is prohibited from back billing customers for additional consumption of water or power based upon estimated usage except for back billing not exceeding the one billing cycle immediately preceding the discovery by the Authority of the error, and not to exceed one month, for the reasonably estimated usage for such cycle, using reasonable estimates based upon subsequent actual average daily consumption by the consumer over a two month period, or other formula, with any such other formula to be approved by the Public Services Commission. (2) In cases of other billing errors or omissions, the Authority is prohibited from back billing customers for additional consumption of water, or power except for back billing not exceeding the one billing cycle immediately preceding the discovery by such utility of the error, and not to exceed one month. (3) The time limitations of this section do not apply in any case where a meter is shown by the utility to have been damaged or to be unavailable to be read as a result of actions or negligence of the consumer, where there is active fraud or tampering with the meters in question on the part of the consumer or by an agent or employee of the consumer, or where there is proof of fraud, collusion or conspiracy by the consumer to pay less than the proper charges for water or power. (b) For purposes of this chapter, "billing cycle" means a period of time between billing not exceeding 30 calendar days, or in the case back billing on, not exceeding 35 calendar days. (c) For purposes of this section, the burden of proof shall be on the utility by clear and convincing evidence that the meters were actually read. History: Added July 18, 2012, No. 7373, § 1, Sess. L. 2012, pp. 154-155; amended May 7, 2020, No. 8297, § 1(a)(1)(A)-(C), (2)(A), (B), (b), Sess. L. 2020, p. 36.

The Authority shall submit quarterly Levelized Energy Adjustment Clause filings to the V.I. Public Services Commission for rate adjustments. Filings are due by the 15th day of the month following the close of the quarter. LEAC filing dates are January 15th, April 15th, July 15th, and October 15th. History: Added Aug. 3, 2021, No. 8471, § 5(f), Sess. L. 2021, p. 116, 117.

The Legislature hereby declares that- (a) It is in the public interest to establish a Public Broadcasting System in the Virgin Islands. (b) Such a System will advance the general welfare, education, cultural development and awareness of public affairs of all the population of the Virgin Islands. (c) Such a System will provide an effective supplement, by broadcast instruction, to the in-school education of the children of the Virgin Islands. (d) The powers and duties conferred by this chapter are for public uses and purposes and are proper governmental functions for which public money may be expended and private property may be acquired. (e) The provisions enacted by this chapter are hereby declared to be necessary in the public interest, and the facilities herein authorized are declared to be public improvements and public undertakings. History: Added Nov. 15, 1968, No. 2364, § 1, Sess. L. 1968, Pt. II, p. 362; amended Oct. 5, 2012, No. 7444, § 1(a), Sess. L. 2012, p. 342; amended Dec. 16, 2015, No. 7748, § 1, Sess. L. 2015, p. 43.

(a) The term "System" shall mean the Virgin Islands Public Broadcasting System established by this chapter. Such System shall be deemed a state educational broadcasting agency under section 394, Title 47, United States Code. (b) The term "Board" shall mean the Board of Directors of the System. (c) The term "Chief Executive Officer" shall mean the person appointed by the Board under section 202(e) to be in charge of the operations of the System and to administer and implement policies and procedures of the System. (d) The term "facility" shall include but not be limited to any one or more of the following for the production, transmission and reception of public television or radio programming in the Virgin Islands, to wit: studios for the live and recorded production of television or radio programs; television master control equipment; broadcasting facilities on St. Thomas and St. Croix consisting of a television plant; studio-to- transmitter microwave facilities to inter-connect the television studios and the primary transmitting facilities; master antenna receiving equipment and classroom cable distribution equipment for all public schools in the Virgin Islands; television receivers for use in the classrooms; mobile or fixed remote television origination facilities, radio studios, transmitters, towers, and all necessary associated equipment for radio broadcasting. (e) The term "Federal Agency" shall mean the United States of America, the President or any department thereof, or any corporation, agency or instrumentality heretofore or hereafter created, designated, or established by the United States of America. (f) Words importing the singular number shall include the plural number and vice versa and words importing persons shall include firms, partnerships of all kinds, corporations or philanthropic foundations. History: Added Nov. 15, 1968, No. 2364, § 1, Sess. L. 1968, Pt. II, p. 362; amended Oct. 5, 2012, No. 7444, § 1(b)(1)-(3), Sess. L. 2012, p. 342; amended Dec. 16, 2015, No. 7748, § 1, Sess. L. 2015, p. 43.

(a) The Commissioner of Education, the Chairman of the Board of Education, Director of the Office of Management and Budget, President of the University of the Virgin Islands or his designee, three members to be appointed by the President of the Legislature, and four other persons, not more than two of whom shall be employed by the Government of the Virgin Islands or by the Government of the United States, are hereby established a body corporate and politic constituting a public corporation and autonomous governmental instrumentality of the Government of the Virgin Islands, by the name of the "Virgin Islands Public Broadcasting System." In addition, the Chief Executive Officer shall be a member ex officio of the Board, but shall not be entitled to a vote thereon. (b) Three of the members shall be appointed by the President of the Legislature. Not more than two such members shall be a resident of the same District. The term of office of each such member shall be two years and each shall be eligible for reappointment. Any person appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed shall be appointed only for the remainder of such term. Upon the expiration of a member's term, the member shall serve until the appointment and confirmation of a successor. Members appointed by the President of the Legislature may be removed for cause by the President of the Legislature. (c) The four persons, at least two of whom shall not be employed by the Government of the Virgin Islands or by the Government of the United States, shall be appointed by the Governor with the advice and consent of the Legislature, and two shall be residents of the District of St. Thomas-St. John, and two shall be residents of the District of St. Croix. One of such members shall be from the television or radio industry. In the initial appointment of such persons, one shall be appointed for a term of one year, one for a term of two years, one for a term of three years, and one for a term of four years. Thereafter, such persons shall be appointed for a term of four years, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed shall be appointed only for the remainder of such term. Upon the expiration of a member's term, the member shall serve until the appointment and confirmation of a successor. Such members may be removed for cause by the Governor. (d) The System hereby established is, and shall be, a governmental instrumentality, subject, as provided herein, to the control of the Board, but it is a corporation having legal existence and personality separate and apart from the Government. The debts, obligations, contracts, notes, debentures, receipts, expenditures, accounts, funds, facilities and property of the System shall be deemed to be those of such System and not to be those of the Government of the Virgin Islands, or any office, bureau, department, agency, commission, municipality, branch, agent, officer or employee thereof. (e) The System shall be, on the effective date of this chapter, the successor to the Government of the Virgin Islands on all contracts, leases, applications and other instruments entered into by the Government of the Virgin Islands on behalf of the Virgin Islands Public Broadcasting System. History: Added Nov. 15, 1968, No. 2364, § 1, Sess. L. 1968, Pt. II, p. 362; amended June 1, 1984, No. 4951, § 3(a) and (b), Sess. L. 1984, p. 153; Oct. 14, 1986, No. 5207, § 9, Sess. L. 1986, p. 249; July 18, 2012, No. 7378, § 3, Sess. L. 2012, p. 172; amended Oct. 5, 2012, No. 7444, § 2(a)(1), (2), Sess. L. 2012, p. 342-343; amended Dec. 16, 2015, No. 7748, § 1, Sess. L. 2015, p. 43; amended Dec. 31, 2020, No. 8413, § 3(a), Sess. L. 2020, p. 285.

(a) The powers of the System shall be exercised by a Board of Directors consisting of the members of the System designated under section 201 of this chapter. (b) Within thirty days after this chapter becomes effective, the Board shall meet, and organize. The Board shall elect a Chairman and Vice Chairman from among its members; officers shall serve for a term of one year and shall be eligible for re-election. (c) The Board shall hold regular meetings to hear reports of the Chairman and Chief Executive Officer and to give policy guidance and direction to the System. Board members, shall be eligible for reimbursement of travel and other expenses at such rates and under such conditions as may be provided by law for members of Virgin Islands Government boards and commissions. Board members are not eligible for per diem payments. (d) Five members of the Board shall constitute a quorum for the purpose of organizing the System and conducting the business thereof and for all other purposes, and all action shall be taken by a vote of the majority of those present. (e) The Board shall appoint a Chief Executive Officer and Chief Operating Officer of the System, and by contract or otherwise may employ such consultants, consulting engineers, fiscal, legal, programming or other technical experts as it may deem necessary, and shall determine their qualifications, duties, tenure and compensation without regard to chapter 25 of Title 3, Virgin Islands Code. The bylaws of the System may delegate to the Chief Executive Officer and Chief Operating Officer or other officers, agents or employees of the System, such power and duties of the System as the Board may deem necessary and proper. (f) The Chief Executive Officer and Chief Operating Officer shall be appointed by the Board exclusively upon the basis of merit as determined by training, skill, experience, and other qualifications necessary to achieving the purposes of the System. (g) The System shall, whenever feasible, hire and train permanent residents of the Virgin Islands, to the end that, as soon as possible consistent with the maintenance of the highest broadcasting and operating standards, the System will be fully staffed by Virgin Islands residents. (h) The Board may establish a Citizens' Advisory Committee to foster the development, support and utilization of public television in the Virgin Islands. Members of the Committee shall be representative of the Virgin Islands community. History: Added Nov. 15, 1968, No. 2364, § 1, Sess. L. 1968, Pt. II, p. 362; amended Oct. 5, 2012, No. 7444, § 2(b)(1), (c), (d), p. 343, Sess. L. 2012, p. 343; amended Dec. 31, 2020, No. 8413, § 3(b), Sess. L. 2020, p. 285.

(a) The System is established for the purpose of building and operating, consistent with the rules and regulations of the Federal Communications Commission relating to noncommercial television and radio, public television and radio stations in the Virgin Islands and any other service or facilities incidental or appropriate thereto, and providing for the general welfare by making the educational and cultural benefits of such television and radio available to the general public and the school children of the Islands by the transmission of programs of education, public affairs, cultural interest, and general information. (b) The System is granted and shall have and may exercise all rights and power necessary or desirable for carrying out such purposes, including, but without limiting, the generality of the foregoing, the following: (1) to have perpetual existence as a corporation; (2) to adopt, alter and use a corporate seal which shall be judicially noted; (3) to make, and from time to time modify, and repeal, bylaws, rules and regulations, not inconsistent with this chapter or any other law, providing for the internal organization and management of the System, for the administration of its affairs and operations, and for carrying into effect the powers and purposes of the System; (4) to use and be sued in its corporate name; (5) to make contracts and to execute all instruments necessary or convenient in the exercise of any of its powers; (6) to acquire property, real, personal, or mixed, tangible or intangible, or any interest therein deemed by it to be necessary or desirable for carrying out the purposes of the System by any lawful means; and to own, hold, develop, improve, redevelop, enlarge, extend, repair, maintain, use and operate said property; provided, that any such acquisition of real property shall be with the prior approval of the Legislature, or of the Committee of Finance thereof when the Legislature is not in session; (7) to sell, lease, exchange, transfer, assign, mortgage, pledge, or otherwise dispose of, or encumber, any real or personal property, or any interest or estate in such; provided, that any such disposition of real property, shall be with the prior approval of the Legislature; (8) to apply for and receive and hold in its name all necessary authorizations, licenses and assignments of channels from any Federal agency, the Government of the Virgin Islands or political subdivisions thereof; (9) to apply for and accept appropriations, grants, gifts, transfers or nonmonetary loans from, and enter into contracts, leases, agreements, or other transactions with any person, Federal agency, the Government of the Virgin Islands or political subdivision thereof, and to expend or utilize the proceeds of any such appropriations, grants, gifts, transfers, or loans for any of its corporate purposes, and in accordance with the terms and conditions thereof; provided, that this paragraph shall not be construed as permitting any officer or employee of the System to solicit funds or paid advertising from any local source by implication or direct promise that the donor shall be mentioned in a subsequent broadcast or publication of the system; (10) to prepare and file all reports and other documents required from time to time by any Federal agency; (11) to invest funds in United States obligations or other securities approved for investment for the Government of the Virgin Islands; (12) to exercise complete supervision, responsibility and control over the preparation, content, scheduling and transmission of all programs for the general public; (13) to exercise responsibility for the transmission of programs for in-school reception to supplement primary, secondary and adult educational curricula in public schools of the Virgin Islands; provided, that the Department of Education shall have complete responsibility and control over the content and scheduling of the instructional program service. The System shall devote those daylight hours during which regular public school sessions are being held for the transmission of educational programs for use in schools; (14) to have complete control and supervision of facilities and properties constructed or acquired by it, including the power to determine the character of and necessity for all its expenditures and the manner in which they shall be incurred, allowed and paid, and such determinations shall be final and conclusive for all purposes; (15) to prepare, or cause to be prepared, plans, designs, specifications, and estimates of costs for the acquisition, construction, reconstruction, extension, improvement, enlargement, or repair of any facility, and from time to time to modify such plans, designs, specifications and estimates; (16) to construct or reconstruct any facility, and any additions, improvements and extensions thereto by contract or contracts and/or under, through, or by means of its officers, agents and employees; (17) to do all acts or things necessary or desirable to carry out the powers granted to it by this Act or by any other Act of the Legislature of the Virgin Islands. History: Added Nov. 15, 1968, No. 2364, § 1, Sess. L. 1968, Pt. II, p. 362; amended Oct. 12, 1979, No. 4362, § 2, Sess. L. 1979, p. 196; amended Oct. 5, 2012, No. 7444, § 3, Sess. L. 2012, p. 343.

The facilities of, and programs transmitted by, the System shall not be used for biased or one-sided presentations of any partisan or political issue, or for advocating or opposing any present or prospective candidacy for public office, or for advocating or opposing any pending legislation of the Virgin Islands or of the United States. The facilities shall be used in compliance with the rules and regulations of the Federal Communications Commission relating to broadcasting by candidates for public office, personal attacks and political editorials. The foregoing shall not prohibit the presentation of programs or series of programs which provide equal opportunity to candidates for public office and a balanced presentation of public issues. History: Added Nov. 15, 1968, No. 2364, § 1, Sess. L. 1968, Pt. II, p. 362.

Insurance Fund; Unemployment Compensation Coverage (a) All officials and employees of the System shall be covered by and subject to the Employees Retirement System of the Virgin Islands and the Workers' Compensation Administration Act. The System shall contribute to the Retirement System of the Government of the Virgin Islands its share of the cost of the retirement of the officials and employees on the basis of semiannual billings as determined by the Division of Personnel, Government of the Virgin Islands, and the contribution of officials and employees for retirement shall be deducted from the salaries in the same manner as in the case of regular employees of the Government of the Virgin Islands and shall be paid semiannually to the Retirement Fund of the Government of the Virgin Islands. The System shall also contribute to the Government Insurance Fund, on the basis of annual billings as determined by the Commissioner of Finance for the benefit payments made from such fund on account of the System's employees. The annual billings shall also include a statement of the fair portion of the cost of the Government Insurance Fund, which shall be paid by the System into the Treasury of the Virgin Islands as miscellaneous receipts. (b) For purposes of unemployment compensation, the System shall be deemed an employing unit as defined in 24 V.I.C. § 302(q)(1) and the System shall make payments to the Unemployment Compensation Subfund and the Unemployment Compensation Administration Subfund in lieu of contributing in the same manner provided for the Government of the Virgin Islands by 24 V.I.C. § 308(d). History: Added Nov. 15, 1968, No. 2364, § 1, Sess. L. 1968, Pt. II, p. 362; amended Oct. 13, 1994, No. 6033, § 2(b), Sess. L. 1994, p. 254.

The System shall submit to the Legislature and to the Governor of the Virgin Islands, as soon as practicable after the close of each fiscal year of the Government of the Virgin Islands (1) a financial statement and complete report of the business of the System for the preceding fiscal year, and (2) a complete report on the status and progress of all of its facilities and activities since the creation of the System or the date of its last such report. The System shall also submit to the Legislature and to the Governor, at such other times as either may require, official reports of its business and activities under this chapter. History: Added Nov. 15, 1968, No. 2364, § 1, Sess. L. 1968, Pt. II, p. 362.

(a) All property of the System, including funds, are exempt from judicial process of every kind, including without limitation, attachment, levy, execution and sale by virtue of an execution, and no judgment may be lien or charge upon its property or funds; but this subsection does not apply to or limit the right of obligees of the System to foreclose or otherwise enforce any mortgage or other security of the System or to pursue any remedies for the enforcement of any lien or pledge given by the System upon its revenues, or to the right of the federal government to pursue any rights conferred upon it by federal law, any contract, or the provisions of this chapter. (b) The property of the System acquired or held for its corporate purposes is declared to be public property used for essential public and governmental purposes, and such property and the System, are exempt from all taxes and special assessments of the Virgin Islands or of any taxing authority or other agency. History: Added Dec. 31, 2020, No. 8413, § 3(c), Sess. L. 2020, p. 285.

Nothing in this chapter shall be construed as exempting the Virgin Islands Public Broadcasting System from any law made specifically applicable thereto or generally applicable to independent instrumentalities of the Government of the Virgin Islands, whether such law was enacted before, on, or after February 14, 1980. History: Added Feb. 14, 1980, No. 4407, § 2(c), Sess. L. 1980, p. 12; amended Dec. 16, 2015, No. 7748, § 1, Sess. L. 2015, p. 43; Former 30 V.I.C. § 207 was renumbered to be § 208, by Act No. 8413, § 3(c), effective December 31, 2020.

This chapter may be cited as the "Cable Telecommunications Act of 1984". History: Added Dec. 28, 1984, No. 5034, § 1, Sess. L. 1984, p. 418.

The Legislature declares: (a) That after careful investigation it appears that the rates, services, and operations of cable television companies in the territory are subject to the public interest; (b) That it is the policy of this territory to provide fair regulation of cable television companies in the interest of the public; (c) That the objects of such regulation are to: (1) promote adequate, economical, and efficient cable television service to the citizens and residents of the territory; (2) encourage optimum development of the education and community service potentials of the cable television medium; (3) provide just and reasonable rates and charges for cable television system services without unjust discrimination, undue preferences or advantages, or unfair or destructive competitive practices; (4) promote and encourage harmony between cable television companies and their subscribers and customers; (5) protect the interest of the various islands of this territory in relation to the issuance of franchises for the operation of cable television systems within the islands, and to secure a desirable degree of uniformity in the practices and operations of cable television companies on those various islands; and (6) cooperate with states, other territories and possessions of the United States and the federal government in promoting and coordinating efforts to regulate cable television companies effectively in the public interest. History: Added Dec. 28, 1984, No. 5034, § 1, Sess. L. 1984, p. 418.

As used in this chapter, unless the context clearly indicates otherwise: (a) "Broadband telecommunications" means any receipt or transmission of electromagnetic signals, including broadcast and non-broadcast signals, cable service, and telecommunications service, over coaxial cable, optical fiber, or any other transmission medium; (b) "Cable service" means the provision by a cable television company of any communication service provided over a cable system, but does not include telephone service; (c) "Cable subscriber" means any person who receives electromagnetic signals distributed over a cable television system; (d) "Cable television company" means any person owning, controlling, operating, managing or leasing a cable television system within the territory; (e) "Cable television system" means a facility which consists of a primary control center used to receive and retransmit, or to originate broadband telecommunications service over coaxial cables, optical fibers, or other transmission media, from the primary control center to a point of reception at the premises of a cable subscriber, whether or not the public right-of-way is used; (f) "Commission" means the Public Services Commission; (g) "Executive Director" means the Executive Director of the Public Services Commission; (h) "Franchise" means any authorization granted to a cable television company pursuant to this chapter to construct, operate, or maintain a cable television system; (i) "Gross subscriber receipts" means any compensation received by a cable television company from its subscribers; gross subscriber receipts shall not include any taxes collected by a cable television company for a governmental unit; (j) "Highway" means every street, road, alley, thoroughfare, way or place of any kind used by the public or open to the use of the public; (k) "Pay cable programming" means programming, exclusive of broadcast signals, carried on a cable television system for which a separate charge is made or designated to the subscribers; (l) "Public utility" means any person whose rates are regulated by the federal or territorial government and who owns or controls poles, ducts, conduits, or rights-of-way used for wire communication. Such term specifically includes any person who is cooperatively organized, or any person owned by the federal or territorial government, but does not include a cable television company or a cable television system; (m) "Rates" means the charges for initial installation and monthly subscriptions, in payment of programs received other than pay cable programming. History: Added Dec. 28, 1984, No. 5034, § 1, Sess. L. 1984, p. 418.

(a) The Commission shall supervise and regulate the cable service and rates of every cable television company or system operating within the territory, so far as may be necessary to carry out the purposes of this chapter, and to do all things, whether herein specifically designated or in addition thereto, which are necessary or appropriate in the exercise of such authority and jurisdiction. (b) The Commission may promulgate, issue, amend, and rescind such reasonable rules, regulations, and orders not inconsistent with the provisions of this chapter, as it may deem necessary to accomplish the purposes of this chapter. (c) The Commission may, after affording an opportunity for a hearing, order a cable television company: (1) to construct and operate any reasonable extension of its existing cable television system; or (2) to make any reasonable repair or improvement of or addition to such system. (d) If the Commission finds that any individual proprietor, partner or officer, director or substantial shareholder of a cable television company has been convicted of a felony, the Commission may order such person to divest of all ownership interest in, to resign any position with, and thereafter to refrain from any relationship with, the cable television company. (e) The Commission or other aggrieved party may institute, or intervene as a party in, any action in any court of competent jurisdiction seeking mandamus, injunctive, or other relief to compel compliance with this chapter or any rule, regulation, or order adopted thereunder, or to restrain or otherwise prevent or prohibit any illegal or unauthorized conduct in connection therewith. History: Added Dec. 28, 1984, No. 5034, § 1, Sess. L. 1984, p. 418.

Exclusiveness No person shall construct or operate a cable television company or system within the territory, except as provided in this chapter. Any franchise authorized under this chapter shall be nonexclusive. History: Added Dec. 28, 1984, No. 5034, § 1, Sess. L. 1984, p. 418.

Any cable television company which was lawfully engaged in actual operations of a cable television system serving at least 50 subscribers on January 1, 1984, may continue to operate, maintain and manage that cable system and to that end the Commission is hereby directed to issue a franchise to such cable television company, provided however that such company must file with the Commission on or before January 1, 1985, a sworn statement agreeing to comply with the conditions set forth in section 310 of this chapter, and containing such information and supportive documentation as set forth in section 308 of this chapter. The Commission shall thereupon issue said franchise consistent with the provisions of section 307 of this chapter. History: Added Dec. 28, 1984, No. 5034, § 1, Sess. L. 1984, p. 418.

The following conditions shall apply to any franchise granted: (a) The franchise term shall be for a period of fifteen (15) years. (b) Except for those operating cable systems to which section 306 of this chapter applies, the franchise shall be granted only after a performance bond is furnished to the Government of the Virgin Islands, through the Commission, equivalent to 25% of the projected investment, and guaranteeing the implementation of the franchise. At least one-half of the proposed cable television system will be constructed within two years, subject to the availability of poles for attachment and the cooperation of the public utilities which are involved in said construction. The conditions and terms of said bond shall be in accordance with section 310 of this chapter. (c) The franchise shall include a provision for two (2) channels on a daily basis through the cable television system's facilities to be made available upon request of the Government of the Virgin Islands through the Commission. The availability and administration of this government access channel shall be the responsibility of the Commission. However, the availability and administration of all cable system production facilities including equipment and personnel will remain under the exclusive control of the cable system and all reasonable production costs will be assumed by the Government of the Virgin Islands in accordance with a schedule of charges to be provided by the cable system and approved by the Commission. (d) [Deleted.] (e) The franchise shall require a well-structured local employment plan, as well as an apprenticeship and training program, which will provide employment and management opportunity to Virgin Islands residents. (f) Franchises shall be awarded for an area no larger than a district. The districts shall be as follows: (1) St. Croix; and (2) St. Thomas-St. John. However, other islands and cays adjacent to such districts may be included with those districts for the purposes of the franchise. The grant of an initial franchise or any renewal thereof by the Commission shall not become final until approved by the Legislature, except for those initial franchises issued pursuant to section 306 of this chapter. (g) The franchise shall require the establishment of a 24-hour telephone service for receipt of service calls. (h) The franchise shall require the purchase of an insurance policy, the face value of which must be at least equal to the replacement value of the cable television system. The purpose of this requirement is to ensure prompt restoration of service in the event of any catastrophe affecting the cable television system. (i) The franchise shall require the establishment and maintenance of a standby power capability for operation of the cable television system. History: Added Dec. 28, 1984, No. 5034, § 1, Sess. L. 1984, p. 418; amended Mar. 20, 1996, No. 6097, § 12, Sess. L. 1996, p. 20; Aug. 31, 2005, No. 6759, §§ 1 1., 2., 2, Sess. L. 2005, p. 240.

No franchise, except in the case of an operating cable system upon filing of a sworn statement pursuant to section 306 of this chapter, or renewal thereof shall be issued except upon written application to the Commission. Such application shall contain such information as the Commission may reasonably prescribe, including: (1) the citizenship and character of the applicant; (2) the financial, technical and other qualifications of the applicant to operate the system; (3) complete information as to its principals and ultimate beneficial owners, including, in the case of corporations, all stockholders owning five percent (5%) or more, both nominal and beneficial, of the issued and outstanding stock and, in the case of unincorporated associations, all members and ultimate beneficial owners, however designated; (4) complete information on the extent and quality of service, number of channels, hours of operation, variety of programs, local coverage, safety measures, and proposed rates; (5) equipment to be employed in rendering service and the source of funds for the purchase, lease, rental and installation of the equipment; (6) the routes of the wires and cables; (7) the area to be served; (8) the approximate starting and completion dates of construction of the system and the date service will actually be available to the area named; (9) the local office or representative to receive subscriber payments; and (10) such other information as the Commission may require. Such application shall be signed by the applicant. Amendments to the franchise may be made pursuant to this chapter and regulations promulgated by the Commission. History: Added Dec. 28, 1984, No. 5034, § 1, Sess. L. 1984, p. 418.

No franchise, except for a franchise granted pursuant to section 306 of this chapter, or amendment thereto shall be granted pursuant to this chapter until the Commission has held a public hearing. The Commission shall cause notice of the time, date and place of such hearing, as well as the subject matter sufficient for the general public's identification, to be published in a newspaper of general circulation in the judicial division the applicant proposes to serve. Said publication shall appear once in each of two successive weeks, with the first publication being not less than fourteen days before the day of such hearing. The Commission shall issue a public statement in writing containing the reasons for its grant or rejection of any application. History: Added Dec. 28, 1984, No. 5034, § 1, Sess. L. 1984, p. 418.

Before a franchise can be issued by the Commission, the applicant for a franchise must agree in writing to the following: (a) In installing, operating, and maintaining equipment, cable and wires, it shall avoid all unnecessary damage and injury to trees, structures, and improvements in and along the routes authorized by the Commission. (b) It will indemnify and hold the territory harmless from any claims for injury and damages to persons or property caused by the installation, operation, or maintenance by the cable television company of any structure, equipment, wire or cable. (c) It shall carry insurance with companies which shall indemnify the territory and itself from any claims for injury or damage to persons or property, caused by the construction, installation, operation, or maintenance of any structure, equipment, wires, or cable by the cable television company. The amount of such insurance against liability for damage to property shall not be less than five hundred thousand dollars as to any one accident. The amount of such insurance for liability for injury or death to persons shall not be less than five hundred thousand dollars on account of injury to or death of any one person and five hundred thousand dollars on account of injury to or death of any number of persons in any one accident. (d) It shall not engage in the business of selling or repairing television or radio sets. (e) It shall provide a cable drop, an outlet, and cable service along its cable routes at no cost to public schools, police and fire stations, public libraries, and other public buildings designated in writing by the Commission. (f) Upon termination of the franchise or of any renewal thereof, it shall remove its supporting structures, poles, transmission and distribution systems and other appurtenances from all areas in which they are installed and shall restore the areas to their original condition. If such removal is not completed within six months of such termination, the Commission may deem any property not removed as having been abandoned and the franchisee shall forfeit his performance bond or so much thereof as required by the Commission, to accomplish such removal. (g) Whenever it takes up or disturbs any pavement, sidewalk or other improvement, the same shall as soon as practicable be replaced and the surface restored to as good condition as before entry. The Commission shall fix a reasonable time for such restoration and repairs. Upon failure of the franchisee to comply within the time specified, the Commission may cause proper restoration and repairs to be made and the expense of such work shall be borne by the franchise and the franchisee shall forfeit his performance bond or so much thereof as required by the Commission, to accomplish such restoration and repairs. (h) It shall not remove any television antenna of any subscriber, but shall, at cost, offer to him and maintain an adequate switching device to allow the subscriber to choose between cable and non-cable reception. (i) Whenever it transposes any television signal from the channel on which it was originally broadcast so that it is received on a different channel on the receiving sets of subscribers, it shall at least one month prior to such transposition notify its subscribers in writing of such transposition. (j) If it permits any person who is a legally qualified candidate for any public office to employ the facilities of its system or to originate and disseminate political campaign material, it shall afford equal opportunities to all other candidates for the same office to use such facilities. If it permits any person to originate and disseminate any views concerning an issue of public importance, it shall afford reasonable opportunity for the presentation over its facilities of contrary points of view. This subsection shall not apply to any access channel provided by the franchisee, and the Commission shall be guided by and its decisions shall be consistent with those of the Federal Communications Commission under similar provisions of The Communications Act of 1934, as amended, and of policies established by the Federal Communications Commission. (k) Before commencing construction of any new system, or additional construction exceeding an estimated cost of one hundred and fifty thousand dollars on an existing system it shall submit to the Commission a bond. The conditions and terms of said bond shall be: (1) the satisfactory completion of installation and operation of the system in accordance with the provisions of subsections (a), (m) and (n) of this section; (2) the indemnity of the territory in accordance with the provisions of subsection (b) of this section; (3) the satisfactory removal of its system in accordance with the provisions of subsection (f) of this section; (4) the satisfactory restoration of all areas in accordance with the provisions of subsection (g) of this section. (l) In the event its service to any subscriber is interrupted for twenty-four or more consecutive hours, it will grant such subscriber a prorated credit or rebate; provided, however, that such credits or rebates apply only in the case of cable related service interruptions and do not apply to service interruptions caused by the subscriber or by any third party, specifically electric utility failures, outages, surges or disruptions; and provided, further, that the subscriber has notified the franchisee of the interruption within 24 hours of the commencement of the interruption. (m) The completion of construction in all of the contiguous area set forth in the franchise which has a density of at least fifteen (15) homes per strand mile, within four years after the franchise is granted under the provisions of this chapter. In the event that residents living in noncontiguous areas with a density of less than fifteen (15) homes per strand mile desire cable service, the franchisee shall provide cable service to such residents if said residents pay all reasonable construction costs incurred in providing cable service to their homes. The franchisee may require advance payment for such construction. (n) The area to be served as set forth in the franchise which has a density of at least fifteen (15) homes per strand mile contiguous to the established trunk line cable shall annually be wired and provided service in not less than twenty-five percent of the area specified until said service is complete and available in said area in compliance with the provisions of subsection (m) of this section. (o) The maintenance of a local representative in the district served. History: Added Dec. 28, 1984, No. 5034, § 1, Sess. L. 1984, p. 418.

(a) Each franchisee shall quarterly pay to the Virgin Islands Bureau of Internal Revenue a franchise fee equal to five percent (5%) of the franchisee's gross subscriber receipts for that quarter. (b) Any franchise fees under subsection (a) of this section not paid within fifteen (15) days of the end of the applicable quarter shall be charged a penalty equal to five percent (5%) of the amount of franchise fee in arrears for each week or part thereof that the fee remains unpaid. (c) The first quarterly payment under subsection (a) must be made by April 1, 1985, and becomes delinquent on April 15, 1985. Subsequent quarterly payments must be made every three (3) months thereafter. History: Added Dec. 28, 1984, No. 5034, § 1, Sess. L. 1984, p. 418.

(a) In any case in which a cable television system franchisee submits an application to the Commission for the renewal or extension of its franchise authorization, the Commission may refuse to grant such renewal or other extension only in accordance with section 626(c)(1) of the federal Cable Communications Policy Act of 1984. (b) A cable television system franchisee must file for renewal at least 12 months before the expiration of the franchise. The Commission must consider the renewal within 120 days of submission of the application and conduct any proceedings necessary to adequately consider the application. (c) The Commission shall: (1) negotiate in good faith with any cable television system regarding franchise renewal within 30 days after the completion of proceedings pursuant to subsection (b) of this section; (2) make a final decision on granting or denying renewal within 6 months after receipt of an application; and (3) in the case of the denial of an application, notify the applicant by written statement within 15 days after the final decision of the reasons for the denial. (d) Any renewal applicant adversely affected or aggrieved by a final decision of the Commission made pursuant to this section, or by a failure of the Commission to act in accordance with subsection (c) of this section, may obtain judicial review of such final decision in the District Court of the Virgin Islands. The existing franchise shall remain in effect pending the completion of such judicial review. History: Added Dec. 28, 1984, No. 5034, § 1, Sess. L. 1984, p. 418.

No franchise or control thereof shall be transferred or assigned without the prior written consent of the Commission. Such consent shall be given only after a hearing upon a written application therefor. The application for consent to a transfer or assignment shall be signed by the franchisee and by the proposed transferee or assignee. History: Added Dec. 28, 1984, No. 5034, § 1, Sess. L. 1984, p. 418.

Any franchise may, after hearing, be revoked by the Commission for any of the following reasons: (a) false or misleading statements in, or material omissions from, any applications or periodic statements submitted under this chapter; (b) failure to file and maintain a bond or insurance as required by this chapter; (c) repeated violations, as determined by the Commission, of commitments and obligations of a franchisee as set forth in this chapter or for repeated violations of the terms of its franchise; (d) repeated failure, as determined by the Commission, to maintain signal quality under standards provided for by the Federal Communications Commission; (e) any transfer or assignment of a franchise or control thereof without consent in violation of section 313 of this chapter; or (f) failure to complete construction in accordance with the provisions of section 307, subsection (b), and section 310, subsections (m) and (n) of this chapter. History: Added Dec. 28, 1984, No. 5034, § 1, Sess. L. 1984, p. 418.

(a) The rates charged by a cable television company shall be those specified in the franchise which may establish or provide for the establishment of reasonable classifications of service and categories of subscribers, or charge different rates for different services or for subscribers in different categories. Except as otherwise provided in subsections (c) and (d) of this section, such rates, classifications or categories may be changed by amendment to the franchise with Commission approval, upon request by the franchisee to the Commission. (b) The rates to be specified in any franchise issued to an operating cable system pursuant to section 306 of this chapter shall be those rates charged by that cable system and in effect on December 28, 1984. (c) Any rate regulated pursuant to this section maybe increased annually at the discretion of the franchisee upon 30 days prior notice by an amount not to exceed 5 percent per year. Such notice shall be given the Commission and all subscribers. (d) The franchisee may add to the monthly service charge any increase in copyright fees required of the franchisee imposed after January 1, 1985, by the copyright Royalty Tribunal prorated over all subscribers on the cable television system. (e) Any request for an increase in any rate regulated pursuant to subsection (a) of this section for which final action is not taken within 180 days after receipt of such request by the Commission shall be deemed to be granted, unless the 180-day period is extended by mutual agreement of the franchisee and the Commission. History: Added Dec. 28, 1984, No. 5034, § 1, Sess. L. 1984, p. 418.

(a) Upon obtaining the prior approval of the Commission, a cable television company may construct and maintain the wires, cables, and conduits necessary to its business upon, under or over any highway, and may erect and maintain the necessary fixtures, including poles and posts, for sustaining such wires and cables; provided, however, that such wires, cables and fixtures shall be placed or constructed so as not to unreasonably inconvenience public travel on the highway or the use thereof by public utilities or other persons or organizations having rights therein. (b) Whenever the Commission shall find that public convenience and necessity require the use by a cable television company of the ducts, conduits, poles or other similar equipment, or any part thereof, on, over or under any highway or any right-of-way and belonging to another cable television company or public utility, and that such use will not result in injury to the owner or other users of such equipment or any right-of-way or in any substantial detriment to the service, and that such cable television companies or public utilities have failed to agree upon such use or the terms and conditions or compensation for the same, the Commission may order that such use be permitted and prescribe a reasonable compensation and reasonable terms and conditions for the joint use. If such use is ordered, the cable television company to which the use is permitted shall be liable to the owner or other users of such equipment for such damage as may result therefrom to the property of such owner or other users thereof. (c) The Commission shall adopt procedures necessary and appropriate to hear and resolve complaints concerning such rates, terms, and conditions. For purposes of enforcing any determinations resulting from complaint procedures established pursuant to this subsection, the Commission shall take such action as it deems appropriate and necessary, including issuing cease and desist orders. For purposes of this section, a rate is just and reasonable if it assures a public utility or cable television company the recovery of not less than the additional costs of providing pole attachments, nor more than an amount determined by multiplying the percentage of the total usable space, or the percentage of the total duct or conduit capacity, which is occupied by the pole attachment by the sum of the operating expenses and actual capital costs of the public utility attributable to the entire pole, duct, conduit, or right-of-way. As used in this subsection the term "pole attachment" means any attachment by a cable television system to a pole, duct, conduit, or right-of-way owned or controlled by a public utility, and the term "usable space" means the space above minimum grade level which can be used for the attachment of wires, cables, and associated equipment. In establishing and regulating the rates, terms and conditions for pole attachments the Commission shall adopt as its own and follow, with appropriate modifications to reflect territorial rather than federal regulation, the rules and regulations as contained in section 1.1401 through and including 1.1412 of subpart J of part I of the Federal Communications Commission's Rules and Regulations, except for section 1.1402(a) for which the Commission shall substitute section 303(m) of this chapter. (d) During the pendency of the matter before the Commission, under the complaint procedure established by subsection (c) of this section, or any subsequent legal action related thereto, the public utility or cable television company shall be obligated to continue to abide by and fulfill the terms and conditions of any prior pole attachment agreement, and to maintain and continue its poles and equipment and rights-of-way under the same terms and conditions as existed at the time of the filing of the complaint. (e) The public utility or cable television company shall process all make ready requests and shall complete all such make ready requests within one hundred and twenty (120) days of its receipt of such requests. All conditions of pole use shall be in accordance with the National Electric Safety Code. The cable television company to which the use is permitted shall be liable to the owner or other users of such equipment for such damage as may result therefrom to the property of such owner or other users thereof. (f) Any lease, rental or other method of making available facilities of rights-of-way, including pole space, which is in effect on December 28, 1984, shall be submitted to the Commission for approval within 120 days after December 28, 1984, and if such lease or rental or other method is disapproved by the Commission it shall thereupon become void. The terms and conditions including rates and charges to the cable television company, imposed by any public utility or cable television company under any such lease, rental or other method of making available such facilities or rights-of-way, including pole space, to a cable television company shall be subject to the jurisdiction of the Commission in the same manner and to the same extent that rates and charges of public utilities or cable television companies generally are subject to the Commission's jurisdiction by virtue of the appropriate provisions of this title. History: Added Dec. 28, 1984, No. 5034, § 1, Sess. L. 1984, p. 418.

No owner of any dwelling or private housing development or subdivision or his agent shall forbid or prevent any tenant or resident of such dwelling or private housing development or subdivision from receiving cable television service, nor demand or accept payment in any form as a condition of permitting the installation of such service in the dwelling or private housing development or subdivision or portion thereof occupied by such tenant or resident as his place of residence, nor discriminate in rental charges, homeowner's fees, or otherwise against any such tenant or resident receiving cable television service; provided, however, that such owner or his agent may require that the installation of cable television facilities conform to all reasonable conditions necessary to protect the safety, functioning, appearance and value of the premises and the convenience, safety and well-being of other tenants or residents; and provided, further, that a cable television company installing any such facilities for the benefit of a tenant or resident in any dwelling or private housing development or subdivision shall agree to indemnify the owner thereof for any damage caused by the installation, operation or removal of such facilities and for any liability which may arise out of such installation, operation or removal. History: Added Dec. 28, 1984, No. 5034, § 1, Sess. L. 1984, p. 418.

(a) A cable television company shall provide safe, adequate and proper service, equipment and facilities for the operation of its cable television system. (b) A cable television company shall not demand or receive a greater compensation for providing cable television service than the rates specified in the franchise in effect at the time, or as modified pursuant to section 315 of this chapter. (c) A cable television company shall obey and comply with every rule, regulation, and order adopted or issued by the Commission. (d) A cable television company shall not maintain or enforce any rule, regulation, practice or measurement which shall be unjust, unreasonable, unduly preferential, arbitrarily or unjustly discriminatory or in violation of the law. (e) A cable television company shall not withhold or refuse service which reasonably can be demanded or furnished or refuse to furnish or supply service to or for any building or premises by reason of a bill remaining unpaid by a previous occupant, provided that the person applying for service shall not be in arrears to such cable television company for service. History: Added Dec. 28, 1984, No. 5034, § 1, Sess. L. 1984, p. 418.

(a) The Commission may not prohibit or limit any program or any class or type of program or otherwise censor the communications or signals transmitted by any cable television company or over any cable television system, and may not promulgate any rule, regulation, or condition which would interfere with the right of free speech by means of cable television. (b) The Commission may not impose discriminatory or preferential franchise fees in any manner that would tend to encourage or discourage programming of any particular nature. (c) A cable television company may not prohibit or limit any program or type of program presented over a leased channel or any channel made available for public or government access or educational purposes. History: Added Dec. 28, 1984, No. 5034, § 1, Sess. L. 1984, p. 418.

of Privacy Neither the cable television company whose facilities are used to transmit a program produced by a person other than such cable television company pursuant to the provisions of this chapter or of federal law, or of applicable regulations, nor the officers, directors or employees of any cable television company shall be liable for damages arising from any obscene or defamatory statements or actions or invasion of privacy occurring during such program. History: Added Dec. 28, 1984, No. 5034, § 1, Sess. L. 1984, p. 418.

Each franchisee shall file quarterly with the Commission a statement of gross quarterly subscriber receipts for official use only, together with any franchise fee payment which may be due pursuant to section 311 of this chapter. In addition, each such franchisee shall file with the Commission an annual statement of gross subscriber receipts. Such statements shall be sworn to by a certified public accountant and by the owner or, if the owner is a corporation, by an officer of the corporation. History: Added Dec. 28, 1984, No. 5034, § 1, Sess. L. 1984, p. 418.

(a) Complaints by any subscriber as to the operation of any cable television service, system or company may be filed in writing with the Commission. The Commission shall within thirty (30) days of the receipt of such complaint report in writing to the subscriber as to the disposition or status of his complaint. Any subscriber or cable television service, system or company aggrieved by the action of the Commission in connection with such complaint or dispute, or any subscriber who shall not have received the written report required under this section within thirty (30) days, may petition the Superior Court of the Virgin Islands for a hearing upon said complaint. (b) Each franchisee shall provide to each subscriber to its cable television service, at the time of his becoming a subscriber and at least once in each calendar year thereafter while he remains a subscriber, information as to the identity and location of the Commission and the business office or representative required under subsection (c) of this section, and of the procedure to be followed in making and pursuing complaints to the Commission pursuant to this section. (c) A franchise issued pursuant to this chapter shall require the franchisee to maintain a local business office or representative in each district of operation and service for the purpose of receiving, investigating, and resolving all complaints regarding the quality of service, equipment malfunctions, and similar matters. History: Added Dec. 28, 1984, No. 5034, § 1, Sess. L. 1984, p. 418.

Company (a) It is unlawful for a member of the Commission or any other officer or employee of the Commission to acquire any interest, direct or indirect, in a cable television company which has applied for or received a franchise from the Commission pursuant to this chapter, or to participate in any Commission action or deliberation upon such an application by a cable television company in which he owns or controls any such interest. (b) A person who violates this section shall be guilty of a misdemeanor, and shall be fined not more than $2,000 and imprisoned for not more than 60 days. History: Added Dec. 28, 1984, No. 5034, § 1, Sess. L. 1984, p. 418.

In the event of a revocation or in the event that a franchise is not renewed at the end of its term, then the Commission may hold a sale and sell the system. The system shall be priced and sold at fair market value determined on the basis of the cable system valued as a going business in an arms-length transaction. Recent sales of similar cable television systems shall be taken into consideration for this purpose. After deducting any amounts owed the Virgin Islands, including legal fees, the balance of the proceeds shall be remitted to the cable television company. History: Added Dec. 28, 1984, No. 5034, § 1, Sess. L. 1984, p. 418.

Neither the Commission nor any other government authority within the Virgin Islands shall impose on a cable television system regulation as a common carrier or a utility. History: Added Dec. 28, 1984, No. 5034, § 1, Sess. L. 1984, p. 418.

Oversight of wireless telecommunications providers is limited to service issues only. History: Added Aug. 3, 2021, No. 8471, § 7, Sess. L. 2021, p. 118.

Neither the Virgin Islands Public Services Commission nor any other government authority within the Virgin Islands may impose on wireless telecommunications providers regulation as a common carrier or a utility. History: Added Aug. 3, 2021, No. 8471, § 7, Sess. L. 2021, p. 118.

(a) The Commission shall accept, compile, and attempt to resolve consumer complaints regarding wireless telecommunications providers informally. When the Commission reasonably suspects a pattern of customer abuses, the Commission may, on its own motion, initiate investigations into the activities of wireless telecommunications providers offering cellular service. (b) The Commission's authority in these complaint proceedings is limited to adjudication of complaints regarding wireless telecommunication service provided by wireless telecommunication carriers. A person that takes a complaint to the Commission may pursue an appeal of the decision through the courts as provided for in law. (c) In connection with customer complaints or Commission investigations into consumer abuses, wireless telecommunication providers shall provide the Commission access to their accounts, books, papers, and documents related to Virgin Islands' transactions, if the information is relevant to the complaint or investigation. (d) No wireless telecommunication provider may discontinue service to a customer for a disputed amount if that customer has filed a complaint that is pending with the Commission, and that customer has paid the disputed amount into an escrow account. (e) The Commission may adopt additional consumer protection standards that are in the public interest. History: Added Aug. 3, 2021, No. 8471, § 7, Sess. L. 2021, p. 118, 119.