2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 19 - Puerto Rico Telecommunications Act of 1996 (§§ 265 — 272) › Subchapter II - Regulatory Board (§§ 267 — 267j) › § 267f - General powers and duties

(a) The Board shall adopt, promulgate, amend, and revoke rules, orders, and regulations as it deems necessary and proper according to the exercise of its powers, and the performance of its duties. When adopting, amending, or revoking rules or regulations, the Board shall be subject to the provisions of the Uniform Administrative Procedure Act, §§ 2101 et seq. of Title 3, and, also:
(1) Shall serve by certified mail to the telecommunications companies in Puerto Rico that have received a certification as provided in subsection (a) of § 269a of this title, a notice of proposals for regulations which explains the adoption, amendment or repeal proposed by the Board, includ[es] information as to where the complete text of the proposed change may be obtained, and grants a term of not less than thirty (30) days to submit their comments on said proposal, and
(2) prior to the adoption, amendment or repeal of a regulation, the Board shall issue a resolution explaining its reasons for said action, giving specific attention to each one of the points considered, in writing, with respect to the regulatory proposal.
(b) The Board shall have the following powers to ensure compliance with this chapter and its regulations:
(1) Impose reasonable administrative fines for violations [of] this chapter, its regulations and orders to a maximum of twenty-five thousand dollars ($25,000) per violation.
(2) Demand any type of information that is needed for the adequate compliance of its powers, making it clear, however, that the information deemed confidential by its source shall be duly safeguarded and delivered exclusively to the Board personnel who have strict need to know it, subject to the principle of nondisclosure. Any claim of confidentiality of information of a telecommunications company under this subsection shall be resolved expeditiously by the Board through a resolution to such effect before revealing any information deemed confidential by its source. The information furnished by each of the telecommunications companies regarding their prices and charges, as provided by subsection (a) of § 269f of this title, shall be public and available to any persons that request it.
(3) Shall order the ceasing of activities or acts in violation of any provision of this chapter or of the regulations of the Board.
(4) Impose and order the payment of costs, expenses and attorney fees, as well as the payment of expenses and fees for other professional and consulting services incurred for adjudicative procedures before the Board.
(5) Direct that any act in compliance with the provisions of this chapter or with the regulations of the Board be carried out.
(6) Resort to the corresponding forums to enforce the purposes of this chapter, as well as its rules, regulations, orders, resolutions and determinations.
(7) Appear before any private entity, public organization, court, board, committee, administrative organization, department, office or agency of the Commonwealth of Puerto Rico or of the United States Government in any hearing, procedure or matter that affects or could affect the purposes of this chapter or the regulations that the Board promulgates or the interests of the consumers of telecommunications services, and
(8) carry out any other acts, if necessary, to ensure compliance of this chapter, or the regulations promulgated thereby, such as:
(A) Conducting public hearings;
(B) issuing summons[es] under admonishment of contempt, which shall be signed by a member, and served personally or by certified mail with acknowledgment of receipt;
(C) participate, by petition of a party, in negotiations between telecommunications companies and mediate the controversies that rise in the course of said negotiations, and
(D) intervene as arbitrator pursuant to the provisions of § 252(b) of the Federal Communications Act.
(c) The Board shall have authority to conduct inspections, investigations and audits, if necessary, to attain the purposes of this chapter.
(d) The Board shall also have the following powers and faculties:
(1) To subsist in perpetuity, to sue and be sued as a juridical person, and
(2) grant contracts and execute any kind of document that is necessary and convenient in the exercise of its powers.
(e) All agreements between the Board and any telecommunications company shall be in writing and all resulting documents shall be kept on file. The Board shall establish its offices and facilities separate from those of any company subject to its jurisdiction.
(f) All the actions, regulations and determinations of the Board shall be governed by the Federal Communications Act, the public interest, and especially by the protection of the consumers’ rights.
(g) The Telecommunications Board shall create a registry system of the persons who do not wish to be offered promotions through their telephones.
History —Sept. 12, 1996, No. 213, § II-7; Sept. 2, 1999, No. 303, § 1, eff. Jan. 1, 2000.