reglab/statecodes huggingface dataset:
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) › § 267h - Delegation of powers

(a) On one or more members.— With the exception of the power to adopt regulations, the Board may, through an order, assign, refer or delegate any adjudicative or non-adjudicative matter for its resolution on one or more members who shall be appointed in said order and who shall have the powers of the Board that it expressly delegates in said order. The members shall have the power to:
(1) Take oaths and depositions.
(2) Issue summons.
(3) Receive and evaluate evidence.
(4) Preside over hearings.
(5) Hold conferences to simplify procedures.
Any order issued by one or more members pursuant to this section shall become a final order of the Board in full, unless the Board renders ineffective, alters or amends the order within thirty (30) days after it has been notified. The decisions of the Board shall be subject to review by the Circuit Court of Appeals of Puerto Rico, except in those situations in which the Federal Communications Act confers jurisdiction on the Federal Communications Commission or the Federal District Court for the District of Puerto Rico.
(b) Examining officials and administrative judges.— The Board shall have the authority to assign, refer or delegate any matter to examining officials who shall have the authority to recommend decisions which shall take effect once they have been approved by the Board in full. Any examiner appointed to preside over a hearing or investigation shall have the powers expressly delegated on him/her by the Board and the designation order. The Board shall also designate administrative judges with full [decision-making] powers. The said examining officials and administrative judges shall be [appointed] and shall carry out their duties as provided by §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act of Puerto Rico”. The decisions of the Board shall be subject to review by the Circuit Court of Appeals of Puerto Rico, except in those situations in which the Federal Communications Act confers jurisdiction on the Federal Communications Commission or the Federal District Court for the District of Puerto Rico.
History —Sept. 12, 1996, No. 213, § II-9.
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) › § 267i - Incidental powers

The provisions of this chapter shall be liberally construed in order to achieve its purposes, and whenever any specific power or authority is granted to the Board such specification shall not be construed as excluding or impeding any other power or authority otherwise conferred [on] it. The Board created herein shall have, in addition to the powers specified in this chapter, all those additional, implicit or incidental powers that are pertinent and necessary to put into effect and carry out, perform and exercise all the abovementioned powers and to attain the purposes of this chapter, subject to the superseding of said powers by federal legislation or rules of the Federal Communications Commission.
History —Sept. 12, 1996, No. 213, § II-10.
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 III - Regulation and Supervision (§§ 269 — 269l) › § 269 - Transitory classification of providers

(a) On the date of approval of this act, it shall be presumed that the incumbent local exchange service carrier has control of the market in the rendering of local telecommunications service, access service and intrastate long distance services and which it does not have in the cellular phones and beepers market.
(b) The Board may, once it has been requested and after the corresponding notification and public comments, forbear from applying or partially exempt a local exchange service carrier without control of the market in Puerto Rico from those provisions of this chapter of exclusive application to said local exchange service carrier, except the obligation to contribute to the universal service.
(c) Three months after the Board has been constituted, and by petition of the incumbent local exchange service carrier, or in any case, within three years after the effective date of this act, the Board shall initiate a procedure which shall include public notice and comments, to determine if the incumbent local exchange service carrier shall retain control of the market on the totality or part of the telecommunications services markets indicated in subsection (a) of this section. If the Board determines that the incumbent local exchange service carrier does not have control of the market in any line of business, it may forbear from regulating the former or it may also exempt it from any of the provisions of this chapter of exclusive application to the incumbent local exchange service carrier in the line of business in which the latter does not have control of the market.
History —Sept. 12, 1996, No. 213, § III-1.
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 III - Regulation and Supervision (§§ 269 — 269l) › § 269a - Certifications

(a) As of the date on which the Board promulgates the regulations required by this section and with the exception of the provisions of § 332(c)(1) of the Federal Communications Act, all telecommunications companies shall receive a valid certification from the Board to render telecommunication services in Puerto Rico. The Board shall not have the authority to deny a petition for certification to provide telecommunications services for arbitrary or discriminatory reasons or whose purpose is to prevent competition.
(b) The Board shall adopt regulations specifying the form, content and procedures to file petitions for certification which shall be of uniform application. All applicants shall present evidence of their moral and financial standing, their experience and background in the field for which certification is petitioned. The Board shall issue the certification if it determines that, in addition to substantially complying with the uniform criteria established, it is consistent with the mandate of the Federal Communications Act, the objectives of public interest pursued by this chapter and that it also safeguards consumers’ interests.
(c) Every telecommunications company that provides services upon the effective date of the regulations described in this subsection shall be entitled to receive a certification to provide said services. Within the ninety (90) days following the effectiveness of this act, the Board shall adopt regulations specifying the form and content of the petitions for said certifications. The petitions of said telecommunications companies shall be submitted to the Board within ninety (90) days following the effective date of the regulations promulgated by the Board. Every petition submitted shall be deemed as granted once thirty (30) days have elapsed from the date of filing the petition. It shall not constitute a violation to this chapter by a telecommunications company to continue rendering the services they were providing:
(1) Prior to the adoption by the Board of the regulation required by this subsection;
(2) prior to the expiration of the term to file petitions for automatic certification or franchise as provided in this section, or
(3) before the Board takes action regarding the petition filed by said telecommunications company to provide said services.
(d) All certifications granted by the Board pursuant to the provisions of this section may be modified, suspended or revoked by the Board, for just cause and after due notice and hearing.
(e) The Board shall not implement regulations, nor give orders, or impose requirements that have or could have as a result the prohibition or interference with the capacity of any person to provide telecommunications services, with the exception of the provisions of § 253 of the Federal Communications Act.
History —Sept. 12, 1996, No. 213, § III-2.
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 III - Regulation and Supervision (§§ 269 — 269l) › § 269b - Discontinuation of services

No local exchange service carrier shall discontinue, reduce or limit the total or partial service of a community without effective competition due to lack of profitability in the operation of said service unless it has a valid authorization from the Board for said discontinuation, reduction or limitation. The Board shall grant said authorization if it determines that the same does not violate the purposes of this chapter. If the Board should deny a petition to discontinue, reduce or limit the total or partial service of a community, the local exchange service carrier shall be entitled to request or to continue to receive from the Board, fair and adequate compensation under the universal service program to continue rendering those services that are eligible to receive funds from said program. Any action that implies or causes a violation of this section or the regulations adopted by the Board shall be null ab initio. The provisions of this section shall not apply to services subject to effective competition.
History —Sept. 12, 1996, No. 213, § III-3.
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 III - Regulation and Supervision (§§ 269 — 269l) › § 269c-1 - Imposition of provider or additional surcharge

(a)
(1) With the exception of the provisions of clauses (2) and (3) of this subsection, a telecommunications company shall not charge a client for telecommunication services not requested by him/her.
(2) Any telecommunications company that imposes a charge for services not requested shall [credit] the amount or sum of said charge to the next invoice, provided that the subscriber has notified the telecommunications company that he/she did not request nor use said service.
(3) A telecommunications company that receives a notice from the subscriber, as provided in clause (2) of this subsection, shall have the obligation to inform said person of his/her right to limit or block the future use of the services, and shall limit or block the future use of the services in question, if thus requested. If the subscriber requests the company not to limit or block the service, or subsequently requests that said limitation or blocking be cancelled, the subscriber shall be liable for the charges caused by the subsequent use of said services. The telecommunications company shall not collect a recurrent charge for the limiting or blocking of the service.
(b) Imposition of provider; fraud.—
(1) To impose, require or request a change of the telecommunications services provider of a subscriber without the verification of his/her consent shall constitute fraud.
(2) A person who has subscribed to a telecommunications service may avail him/herself of the remedies provided by the law for any violation of clause (1) of this subsection.
(3) The following is provided for the purposes [sic] of clause (1) of this subsection:
(A) The consent of the person subscribed to the telecommunications services may be verified through any method that is consistent with federal and state laws and regulations.
(B) Compliance with federal and state laws and regulations shall constitute a defense against an allegation of fraud, pursuant to clause (1) of this subsection.
(C) It shall be the responsibility of the telecommunications company that requests the change in the telecommunications services provider of the subscriber to verify the consent. Any telecommunications company that makes a change of the telecommunications services provider shall be liable or may be subject to prosecution under the provisions of this section only if it participates in the process of change knowing that the due authorization of the subscriber did not exist.
History —Sept. 12, 1996, No. 213, added as § III-5 on Sept. 2, 1999, No. 302, § 2.
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 III - Regulation and Supervision (§§ 269 — 269l) › § 269e-1 - Registry

The Board shall create a registry of persons, including non-profit organizations, or companies including the whole central and municipal government, that do not want the telephonic promotions; for this, it shall promulgate a regulation as soon as possible about how said list will be made. It shall include the way in which they will subscribe to the book, and the cost of the subscription shall not exceed five dollars ($5) per year, and every company that violates this mandate shall be fined for the sum of one thousand dollars ($1,000). Also, the Board shall establish the way in which concessionaries shall be notified of the prohibition to make telephonic promotions and of the amount of time that the prohibition shall remain effective.
History —Sept. 12, 1996, No. 213, added as § III-7A on Sept. 2, 1999, No. 303, § 1, eff. Jan. 1, 2000.
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 III - Regulation and Supervision (§§ 269 — 269l) › § 269e-2 - Puerto Rico Emergency Alert System regulations

The Telecommunications Regulatory Board of Puerto Rico shall approve regulations which shall be mandatory for the Puerto Rico Emergency Alert System to comply with the provisions set forth in this chapter.
Once the Federal Emergency Alert System is activated, the pertinent government agencies shall transmit the message and information as provided by the federal agencies to the cellular companies and telecommunication service providers, which shall, in turn, transmit the emergency situation to their users via text message.
History —Sept. 12, 1996, No. 213, added as § III-7B on May 16, 2006, No. 94, § 2.
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 III - Regulation and Supervision (§§ 269 — 269l) › § 269e-3 - Creation of Internet Access Centers and implementation of wireless access at town squares

The Board is hereby authorized and directed to create Internet Access Centers, together with the pertinent government agencies, the municipalities of Puerto Rico, and private, educational, and community-based entities. Internet Access Centers are to be established at the municipalities that have none, in those areas that offer better access to citizens. The Board shall have the obligation to conduct the design and initial implementation of these Internet Access Centers, seeking that such Centers have the necessary infrastructure and equipment for compliance with all the provisions of this chapter. The Board shall provide a maximum initial subsidy for the acquisition of information and communication technologies and furnishings, subject to the Board’s budget limitations and in staggered stages, through the establishment of pilot centers, for the next three (3) years after the approval of this act. Municipalities shall have the obligation to provide the premises, the personnel, the maintenance of physical facilities, infrastructure, and equipment, and the payment of utility bills, among others.
In concrete terms, the Board shall provide all the furnishings, computers, security equipment, programming, and minor remodeling of spaces. Municipalities shall provide the spaces, the utilities, telephone lines, recurring costs, and the personnel to administer the Center. The transfer from the Board to the municipalities shall be conducted when the Centers are inaugurated.
In turn, the Board shall have the obligation to establish Internet access through the use of the technology known as WiFi at town squares in each municipality, in order for the signal’s density to guarantee that citizens shall have optimal and adequate access to ensure quality digital contents. The establishment of wireless access at town squares shall be subject to the Board’s budget limitations and other factors, such as, for instance, the geography of the location, the electric power service, among others, and the same staggered schedule of implementation of the Centers.
History —Sept. 12, 1996, No. 213, added as § III-7C on July 28, 2010, No. 101, § 3.
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 III - Regulation and Supervision (§§ 269 — 269l) › § 269f - Pricing and charges information

(a) Every telecommunications company shall have to submit to the Board a list of prices and charges, and every time a change is made, it shall have to submit them simultaneously when implemented in the market.
(b) The Board shall, at [the] request of the interested party, and through a complaint thereby, ascertain whether the prices and/or charges established are not based on their cost, thus violating the principle of fair and sound competition. To such effects, the Board may request [of] the complainant telecommunications company all the information pertinent to the prices or charges established by it. This information shall be available to the complainant party, except that the Board shall keep confidential and for its exclusive use such material which is needed to protect proprietary information, and business or trade secrets, pursuant to § 267f of this title.
(c) The Board shall have a maximum of thirty (30) days to adjudicate complaints under this section. However, the Board may, at the request of the complainant telecommunications company, order a suspension of the application of the prices and/or charges in question, until the complaint is resolved on its merits. Every request to suspend the temporary application of the objected prices and/or charges shall be adjudicated within a term of not more than five (5) days from the date the petition to such effects is filed.
(d) When the Board determines that the pricing and/or charge structure is not based on costs, the Board may order the permanent suspension of said prices and charges, besides imposing administrative fines up to a maximum twenty-five thousand dollars ($25,000) for each violation of this chapter. In the case of a continuing violation, each additional day shall constitute a separate offense, but the total fine imposed shall not exceed two hundred and fifty thousand dollars ($250,000) in any case.
History —Sept. 12, 1996, No. 213, § III-7, renumbered as § III-8 on Sept. 2, 1999, No. 302, § 2.
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 III - Regulation and Supervision (§§ 269 — 269l) › § 269g - Availability of public property

The requirement is hereby established in law, in order for agencies, departments, public corporations, municipalities, and political subdivisions of the Commonwealth of Puerto Rico to make available the real property, right of way and easement under their control for the location of new telecommunications services and equipment to telecommunications companies certified and/or registered before the Telecommunications Regulatory Board. The Board shall establish procedures through regulations, through which the agencies, departments, public corporations, municipalities and political subdivisions of the Government of Puerto Rico shall make available on a fair, reasonable and non-discriminatory basis for the co-location of certified telecommunications companies, the real property, rights of way and easements under their control, for the location of new telecommunications services and equipment, and for the transmission or reception of telecommunications services. These procedures shall establish the presumption that the requests for the use of real property, rights of way and easements by duly certified providers are being granted provided these are not in direct and unavoidable conflict with the mission of the department, agency, public corporation, municipality, or political subdivision of the Government of Puerto Rico with the current or intended use of the property, rights of way and easements, or property thereof. Said departments, agencies, public corporations, municipalities, and political subdivisions of the Government of Puerto Rico may charge reasonable fees for the use of their properties, rights of way and easements pursuant to the regulations of the Puerto Rico Telecommunications Regulatory Board and the federal laws and regulations applicable. However, the various government instrumentalities should be allowed to retain the discretion of opposing to sharing their infrastructure with a private company when for reasons of emergency, technological incompatibility or security, these could be affected. The Commonwealth shall not be responsible for damages to third parties due to the bad use by the companies of their equipment or the public property leased.
Should a government instrumentality oppose to the co-location of a private company, the private company thus affected may request a hearing with the Puerto Rico Telecommunications Regulatory Board, which shall establish a process for the settlement of co-location disputes. This process shall not exceed sixty (60) days in arriving to its final resolution, counting from the date of filing the request with the Board.
History —Sept. 12, 1996, No. 213, § III-8, renumbered as § III-9 on Sept. 2, 1999, No. 302, § 2; Aug. 25, 2000, No. 210, §§ 1, 2, eff. Jan. 1, 2001.
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 III - Regulation and Supervision (§§ 269 — 269l) › § 269i - Suspension of services

No cable or telecommunications company certified by the Board pursuant to the provisions of this chapter may suspend its services to its subscribers without complying with the procedures established in §§ 262—262f of this title, which through the present is made applicable as pertinent to the suspension of services by private companies or enterprises in the cable and telecommunications field.
History —Sept. 12, 1996, No. 213, § III-10, renumbered as § III-11 on Sept. 2, 1999, No. 302, § 2.
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 III - Regulation and Supervision (§§ 269 — 269l) › § 269j - Complaints by subscribers

(a) Within ninety (90) days following the approval of this act or the issuing of its certification or franchise, the telecommunications and cable companies shall adopt and present to the Board for its approval, a procedure for the resolution of subscriber complaints. Unless the Board takes action said procedure shall be deemed as approved after thirty (30) days from the filing thereof before the Board.
Once it is approved, the procedure shall be notified to all subscribers of the telecommunications company. It shall also be incorporated to every new subscriber service contract. Said procedure shall include the obligation of the telecommunications company to give notice to the subscriber of his right to request a review of the adjudication of the complaint presented by the company.
(b) The Board shall have primary jurisdiction to review the adjudication by a telecommunications company of the complaints filed by their subscribers pursuant to the complaint resolution procedure of the telecommunications company. The Board shall not consider complaints of subscribers which have not been submitted first to the telecommunications company as part of the complaint procedure.
(c) Every petition for review under subsection (b) of this section shall be presented before the Board within the non-extendable term of thirty (30) days from the notice to the subscriber of the determination of the telecommunications company.
(d) The Board shall establish a new record apart from the one created by the telecommunications company during the consideration of the complaint to determine whether it shall confirm, reverse or modify the decision of the telecommunications company.
(e) The Board shall adopt regulations within ninety (90) days after the effective date of this act in order to specify the form and content of applications for DBS companies in Puerto Rico to register with the Board. Such register has the sole purpose of containing the information deemed pertinent by the Board to act on complaints related to service and contract terms and conditions. The registration applications of such DBS companies shall be submitted to the Board within ninety (90) days after the Regulations issued by the Board take effect. Within ninety (90) days after registration, said companies shall adopt and file with the Board, for its approval, a procedure whereby disputes with their users would be addressed. These procedures shall exclusively apply to the provisions of this section regarding complaints. Procedures related to jurisdiction for review and adjudication of complaints, as provided in this section, shall exclusively apply to telecommunications and cable companies.
History —Sept. 12, 1996, No. 213, § III-11, renumbered as § III-12 on Sept. 2, 1999, No. 302, § 2; Feb. 18, 2011, No. 11, § 3.
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 III - Regulation and Supervision (§§ 269 — 269l) › § 269k - Fraud prevention

(a) Every telecommunications and cable company shall adopt the policies and procedures to reduce and prevent fraud in the purchase, sale and rendering of cable and telecommunications services within ninety (90) days following the approval of this act, or of the date on which the Board issues the certification or corresponding franchise.
(b) The Board shall promulgate and put into effect regulations designed to fight and prevent fraud in telecommunications.
History —Sept. 12, 1996, No. 213, § III-12, renumbered as § III-13 on Sept. 2, 1999, No. 302, § 2.
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 III - Regulation and Supervision (§§ 269 — 269l) › § 269l - User privacy protection

(a) Within ninety (90) days following the date of approval of this section, or the future issuance of a certification or franchise, telecommunications and cable companies shall adopt and present before the Board a user information privacy policy. Said policy shall be notified to the users and shall describe the kind of information of the user that is being compiled, for what purpose, and under which circumstances it shall be shared with other public or private entities.
(b) No telecommunications or cable company may require that a user present his/her original Social Security card or leave a copy of said card to be kept in possession of the company as a condition to conduct a transaction or process a service request, except for those cases in which federal laws specifically provide for the retention of a copy of the card. This provision shall not be applicable to the use of Social Security numbers for such cases and such purposes in which it is authorized by federal law or regulations; Provided, That except when explicitly otherwise ordered, the company may accept that the customer gives only the number without the need to show the original card or a copy thereof.
History —Sept. 12, 1996, No. 213, added as § III-15 on Aug. 7, 2008, No. 198, § 1.
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 IV - Supplementary Dispositions (§§ 271 — 272) › § 271 - Administrative procedures

All processes for which this chapter fails to provide a procedure shall be governed by §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedure Act of Puerto Rico”. This means that the Uniform Administrative Procedure Act of Puerto Rico shall govern all procedures for the adoption of regulations, adjudicative procedures, judiciary review, the procedure to grant franchises, certifications, complaints of subscribers and between telecommunications companies, and inspection procedures. As provided in said §§ 2101 et seq. of Title 3, the decisions and orders of the Board shall be subject to review by the Circuit Court of Appeals of Puerto Rico, except in those cases in which the Federal Communications Act establishes the specific procedure to be followed.
History —Sept. 12, 1996, No. 213, § IV-1.
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 IV - Supplementary Dispositions (§§ 271 — 272) › § 272 - Procedural guidelines

The Board shall be guided, during the initial stage of its operations, by the procedural concepts and precepts used by the Federal Telecommunications Commission, especially Part 1, “Practices and Procedures”, Subpart C, “Rulemaking Proceedings”, for the formulation of rules and regulations.
History —Sept. 12, 1996, No. 213, § IV-4.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 22 - Construction, Installation and Placement of Telecommunications Towers Act of Puerto Rico (§§ 321 — 326) › § 321 - Definition

For the purposes of this chapter, the term “telecommunications tower” means any tower that is self supporting, or a tower that is supported by guy-wires, or a unipolar tower, which is primarily designed and built with the purpose of supporting one or more antennas for wireless telephone communications.
History —June 6, 2000, No. 89, § 2; Aug. 1, 2007, No. 100, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 22 - Construction, Installation and Placement of Telecommunications Towers Act of Puerto Rico (§§ 321 — 326) › § 322 - Legal authority

Section 740 of the new Federal Telecommunications Act, Act 652 of 1996, provides that the state or local government or corresponding instrumentality retains the authority with regard to the location, construction, and modification of wireless telecommunications facilities.
History —June 6, 2000, No. 89, § 4.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 22 - Construction, Installation and Placement of Telecommunications Towers Act of Puerto Rico (§§ 321 — 326) › § 324 - Materials, anchorage, and design requirements

The Puerto Rico Planning Board is hereby specifically authorized to establish the requirements for anchorage, materials, and design for the construction of the telecommunication towers, by regulations.
History —June 6, 2000, No. 89, § 6.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 22 - Construction, Installation and Placement of Telecommunications Towers Act of Puerto Rico (§§ 321 — 326) › § 325 - Integrated use of infrastructure “co-location”

In order to ensure that in any consideration for the granting of a permit for the construction or location of towers that will house radio frequency transmission station “antennas” for commercial purposes, an accreditation shall be required from the proponent in the form of a sworn statement that certifies as a sine qua non requirement that the tower shall be constructed with the purpose of co-locating the antennas of several companies; that it is absolutely necessary to locate the tower in that sector; [that] the actions taken and their result to locate their radio frequency transmission station antennas in towers that are not owned by him/her, are within the sector for which a permit is requested; and that the actions taken and their result to locate their radio frequency transmission station “antennas” in towers that are not owned by him/her even though they are not within the sector, according to the radio frequency transmission station antennas that are proposed to be installed, may obtain the desired coverage; Provided, That the Planning Board and the Regulations and Permits Administration, as the case may be, shall be responsible for verifying the contents of the statement previously indicated in this section in all its merits; require the titleholders of the towers for the installation of radio frequency transmission station “antennas,” including public entities, to inform the Planning Board, the Regulations and Permits Administration, the Telecommunications Regulatory Board of Puerto Rico, and the municipality of the availability of space for the installation of radio frequency transmission station “antennas” in their towers as a part of an integrated use of infrastructure facilities; provided that the determination of availability of space shall not be contrary to the maintenance, development, or expansion needs of the titleholder.
The Planning Board shall establish by regulations the rules that shall promote the co-location of antennas of more than one telecommunication company in single tower, in such a way that the proliferation of towers on the Island is minimized. These rules shall include parameters for an accelerated handling of the process of granting permits for the location and construction of towers for said co-location.
History —June 6, 2000, No. 89, § 7; Sept. 14, 2004, No. 268, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 22 - Construction, Installation and Placement of Telecommunications Towers Act of Puerto Rico (§§ 321 — 326) › § 326 - Notification to abutters

The proponents of a project for the location or construction of a transmission tower are required, prior to being granted an authorization or a permit for the construction of said tower by the corresponding agency or government entity, to notify the abutters of any authorization or permit requested before said government entities, for the location or construction of towers on which commercial radio frequency transmission station “antennas” shall be installed, and the proponents shall be required to notify the abutters within a radius of one hundred (100) meters in any direction, using as the center the proposed location of the tower, and said notice shall include the name of the proponent, an exposition of the project, the exact location, the case number before the agency, and any other detail that the Board deems necessary to require by regulations.
History —June 6, 2000, No. 89, § 8; Sept. 14, 2004, No. 268, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 23 - Telephone and Telegraph (§§ 340 — 343) › § 340 - Distribution of telephone books

(1) Definitions.— For purposes of this section, the following words shall have the meaning stated hereinbelow:
(a) Person.— Any natural or juridical person.
(b) Telephone book.— A hard copy compilation of residential telephone numbers and addresses.
(c) Residence.— A property inhabited by its owner or a tenant.
(2) Telephone book request.— It is hereby required that for a person to deliver a printed copy of a phone book at a person’s residence, said hard copy shall have been requested by the latter. Said request may be in writing, through the Internet, or by any other means that evidences such request. It shall be the responsibility of the distributor to provide evidence of the requests received.
(3) Exceptions.— This section shall not apply to the “Yellow Pages” or Commercial Telephone Directory. Nor does it apply to government agencies telephone books.
(4) Rulemaking authority.— The Telecommunications Regulatory Board shall be responsible for overseeing faithful compliance with the provisions herein contained, and for such purposes, shall adopt regulations within ninety (90) days following the approval of this act.
(5) Penalties.— Any person who distributes telephone books in violation of the provisions of this section shall be subject to a $500 fine for every infraction.
History —Sept. 13, 2012, No. 230, §§ 2–6.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 23 - Telephone and Telegraph (§§ 340 — 343) › § 341 - Unified telephone communications

The Secretary of Transportation and Public Works is authorized to enter into negotiations pursuant to former § 303 of this title, with the Puerto Rico Communications Authority for the operation and maintenance of the telephone system between San Juan and Ponce authorized by Act Mar. 14, 1907, p. 388, in conjunction with the said Authority’s own system. As a part of the stipulations for said contract and for the purpose of completing said construction, the Puerto Rico Communications Authority is authorized to transfer to the Government of Puerto Rico any telephone lines or equipment or other property now owned by it and to enter into an agreement or agreements for joint use of equipment by the said Authority and the Commonwealth Government. The Secretary of Transportation and Public Works and the Puerto Rico Communications Authority are authorized and hereby directed to enter into such negotiations, contracts or agreements with the Puerto Rico Telephone Company or to take such other action as they may deem necessary to bring about interconnection of the Commonwealth Government’s long distance lines with the lines of said telephone company and to make all other interconnections in full compliance with § 18 of the Franchise No. 322, approved September 4, 1914.
There is hereby appropriated, out of any available monies not otherwise appropriated, the sum of fifty thousand dollars ($50,000), which amount shall be placed at the disposition of the Secretary of Transportation and Public Works for the purposes of this section.
History —May 15, 1945, No. 301, p. 1146, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 23 - Telephone and Telegraph (§§ 340 — 343) › § 342 - Unified telephone communications—Tax on transmission of messages; special fund

The Secretary of the Treasury is hereby directed and authorized to collect a two per cent (2%) tax or levy on the gross operating income from the rendering of telecommunications services by any long distance telecommunications company. All sums received by the Secretary of the Treasury by virtue of the provisions of this section shall be deposited by him/her in the general fund. Said tax shall be paid by all telecommunications companies within sixty (60) days after closing the accounts for each fiscal year, and under no circumstances shall the same be charged to persons who use their services.
When the tax is not paid on or before the date set therefor, in addition to the same, interest shall be paid on said amount at the rate of nine per cent (9%) annually as of the date fixed for the payment, and a surtax equal to five per cent (5%) of the amount of the tax when payment is made after thirty (30) days from the date on which the tax should have been paid and without exceeding sixty (60) days, and ten per cent (10%) of the amount of the tax when payment is made after sixty (60) days, from the date on which the tax should have been paid.
The Secretary of the Treasury is hereby empowered, pursuant to the procedure established in the Administrative Political Code of Puerto Rico for the collection of property taxes, to attach and sell at public auction the properties of any telecommunications company which has not paid the taxes, surtaxes and interest fixed by this chapter. Any amounts collected in excess, or improperly, must be reimbursed to the taxpayer or credited against any tax levied by this chapter or any other act, which payment is required from said taxpayer.
History —May 15, 1945, No. 301, p. 1146, § 2; June 17, 1966, No. 68, p. 213; June 15, 1972, No. 18, p. 398; Aug. 23, 1990, No. 64, p. 290, § 1; Aug. 9, 1993, No. 69, p. 302, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 24A - Act to Provide the Isolated and Remote Communities of Puerto Rico with Telecommunications Infrastructure and Telephone Services (§§ 351 — 355) › § 351 - Public policy

It shall be the public policy of the Government of Puerto Rico, through the Telecommunications Regulatory Board (“Board”), and in coordination with the pertinent government agencies, the municipalities of Puerto Rico and the private sector, to develop and implement a plan to increase access to the telecommunication services in the isolated and remote communities of the urban zones that lack said services at present. It shall also be the public policy of the Board to take all necessary measures to be able to increase residential telephone coverage in Puerto Rico to at least [eighty-five percent] (85%) by the year 2008.
History —Nov. 14, 2006, No. 246, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 24A - Act to Provide the Isolated and Remote Communities of Puerto Rico with Telecommunications Infrastructure and Telephone Services (§§ 351 — 355) › § 352 - Implementation

The Telecommunications Regulatory Board, in coordination with the pertinent government agencies, the municipalities of Puerto Rico and the private sector, is authorized and directed to develop and implement a plan to increase access to the telecommunication services in the isolated and remote communities, through among other measures, the following:
(1) Identify those communities in Puerto Rico that still lack telephone facilities and proceed with the evaluation and calculation of the cost for providing said telephone facilities and infrastructure to every community.
(2) Using local, federal, municipal and or private funds, proceed by means of public bids and by meeting the requirements of the applicable legislation and regulations to select the company/companies that shall install said telephone infrastructure, be it wired or wireless, that shall offer their telecommunications services to said communities.
(3) Provide the bona fide resident citizens with limited financial resources of said communities, with the mechanisms and processes that are necessary for them to be able to subscribe to the telephone service and that meet the applicable legislative and regulatory requirements and to require that the telecommunications companies and the Board provide efficient mechanisms to allow the subscribers to avail themselves of the subsidies of the “Lifeline” and “Link Up” Programs through the various guaranteed social aid programs.
(4) The communities herein identified shall be deemed as suitable places to establish free internet access centers in full coordination between the Board and the municipalities for the final determination of their location and pursuant to this chapter and §§ 346—348 of this title, known as the “Act for the Development of Free Internet Access Centers throughout Puerto Rico”.
History —Nov. 14, 2006, No. 246, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 24A - Act to Provide the Isolated and Remote Communities of Puerto Rico with Telecommunications Infrastructure and Telephone Services (§§ 351 — 355) › § 353 - Regulations

The Telecommunications Regulatory Board shall prepare regulations subject to the “Uniform Administrative Procedures Act”, §§ 2101 et seq. of Title 3, that establish the operating norms and parameters of this program and that are consistent with all the laws and regulations of the Commonwealth of Puerto Rico and of the United States of America.
History —Nov. 14, 2006, No. 246, § 4.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 24A - Act to Provide the Isolated and Remote Communities of Puerto Rico with Telecommunications Infrastructure and Telephone Services (§§ 351 — 355) › § 354 - Receipt and administration of Commonwealth, federal and/or private funds

The Board and those other agencies involved in the implementation of this chapter are authorized to receive and administer funds proceeding from legislative appropriations and from transfers, delegations, contributions and donations of any other kind obtained from agencies and municipal governments and from the government of the United States of America, as well from persons, non-government organizations and other private entities for providing telecommunications infrastructure and services to the communities covered by this chapter.
History —Nov. 14, 2006, No. 246, § 5.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 24A - Act to Provide the Isolated and Remote Communities of Puerto Rico with Telecommunications Infrastructure and Telephone Services (§§ 351 — 355) › § 355 - Applicable federal laws and regulations

The provisions of this chapter shall be subject, where appropriate, to strict compliance with the Federal Telecommunications Act of 1996 and the applicable federal regulations promulgated by the Federal Communications Commission.
History —Nov. 14, 2006, No. 246, § 6.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 25 - Telephone Authority (§§ 401 — 425) › § 401 - Short title

This chapter may be cited as the “Puerto Rico Telephone Authority Act”.
History —May 6, 1974, No. 25, Part 1, p. 136, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 25 - Telephone Authority (§§ 401 — 425) › § 402 - Definitions

The following words and terms whenever used or referred to in this chapter, shall have the meaning indicated hereinbelow, except when the context clearly indicates otherwise:
Authority.— Shall mean the Puerto Rico Telephone Authority created by this chapter, and all its subsidiaries.
Bank.— Means the Government Development Bank for Puerto Rico, created by §§ 551 et seq. of Title 7.
Board of Directors.— Shall mean the Board of Directors of the Puerto Rico Telephone Authority.
PRTC.— Shall mean the Puerto Rico Telephone Company or any corporation that succeeds it, and its subsidiaries.
History —May 6, 1974, No. 25, Part 1, p. 136, § 2; June 8, 1978, No. 3, p. 374, § 1; Jan. 21, 1987, No. 7, p. 934, § 1; Sept. 12, 1996, No. 215, § 1; June 24, 1998, No. 94, § 1.