7.04.100 Powers of the Commission

(a) In accordance with the Commission's By-Laws and as specifically designated in this section or in any rule, regulation, decision, order, or other official pronouncement adopted hereunder, the Commission shall have the power to perform any and all acts necessary and convenient to supervise, monitor, and regulate the provisioning of Communication Services within the jurisdiction of the Saint Regis Mohawk Tribe.

(b) The Commission shall have the following specific powers:

(1) To promulgate such rules and regulations as appropriate for the accomplishment of its purpose and authority, duties and responsibilities pursuant to this chapter, and to enforce such rules and regulations.

(2) To promote community education on Internet safety, healthy Internet use, and economic development.

(3) To act upon and regulate any and all communications activity within the jurisdiction of the Saint Regis Mohawk Tribe, including but not limited to telephone, television, telegraph, cable television, two-way radio, and other Communications Services.

(4) To supervise all providers of Communications Services within the jurisdiction of the Saint Regis Mohawk Tribe. The Commission shall have the power to and shall routinely:

(A) Ensure all providers of Communications Service are in compliance with all provisions of law and orders of the Commission;

(B) Either through its members or inspectors or employees duly authorized by it to enter in and to inspect the property, equipment, buildings, plants, factories, offices, apparatus, machines, devices and lines of any Communications Service Provider; and

(C) Examine all providers' of Communications Services general condition, capitalization, franchises, lease agreements, and operation, management, safety, and security of lines and property.

(5) To establish methods, procedures, conditions, and fees for obtaining permits and developing approved tariff schedules for Communications Services within the jurisdiction of the Saint Regis Mohawk Tribe.

(6) To establish and collect franchise, filing, and other fees from persons at amounts that are appropriate for the matter for which such collection is being made.

(7) To order repairs or improvements to or changes in any facilities of a provider of Communications Services necessary to promote the convenience of the public or employees, or in order to secure adequate service or facilities for Communications Services.

(A) The Commission shall make and serve an order directing that such repairs, improvements, changes or additions be made within a reasonable time and in a manner to be specified therein;

(B) All providers of Communications Services are hereby required and directed to make all repairs, improvements, changes, and additions required of it by any order of the Commission served upon it.

(8) To adopt rules and regulations, decisions, and orders governing quality of service, which may govern not only service transmission quality standards but also the service itself, including but not limited to the establishment of service, temporary service, line connection, provision of service, billing and collection, resolution of customer disputes, termination of service and notice, and Communications Service for the disabled, handicapped, and the elderly, and like matters.

(9) To hold administrative hearings and conduct investigations.

(A) The Commission shall have the power to administer oaths to witnesses summoned to testify in any inquiry, investigation, hearing, or proceeding and also to administer oaths whenever the exercise of such power is incidentally necessary or proper to enable the Commission or a Commissioner to perform a duty or to exercise a power.

(B) The Commission shall establish procedures and requirements for hearings and investigations pertinent to the functions and powers of the Commission, including procedures:

(i) To receive, consider, and hear complaints concerning any non-compliance by any person of any provision of this chapter and/or the rules and regulations, decisions, orders, or other official pronouncements;

(ii) To issue and compel by power of subpoena the presence of any person or the production of any document, or any type of evidence deemed relevant to a matter properly before the Commission;

(iii) To issue decisions and orders, opinions, or other official pronouncements on any matter properly raised before the Commission and as may be necessary in the enforcement and implementation of its functions.

(10) To establish and impose fines and/or any other civil sanction(s) deemed appropriate by the Commission for violations of any provision of this chapter and/or its rules and regulations, decisions, orders, or other official pronouncements.