2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 39 - Official Publications and Documents (§§ 941 — 957) › § 946 - Publication of public notices

The agencies of the Commonwealth of Puerto Rico shall publish their notices, summonses, bulletins, public calls for bids, and other announcements through radio, television, daily newspapers, and magazines in Puerto Rico, and charge them exclusively to the items and appropriations they may have for such purposes.
(a) The notices, summonses, bulletins, and public calls for bids shall be published in newspapers of general circulation in Puerto Rico. Said publications shall clearly identify the government agency announcing the same, except those related to child abuse, domestic violence, and crime in which the communications medium defrays at least seventy-five percent (75%) of the cost of broadcasting said announcement. Using photographs of heads of agencies and officials in announcements related to administrative procedures, such as public calls for bids, notices, and bulletins, is hereby prohibited except when the Governor or the official he designates authorizes the use of a personality to send a message of moderation, peace, or continuity of services to citizens. Provided, however, That whenever it best serves the public interest, the notices, summonses, bulletins, calls for bids, and other announcements of the Commonwealth of Puerto Rico shall be published in the United States and other countries.
(b) The notices referred to in this section may be published in newspapers of regional circulation provided that the following requirements are met:
(1) The notice has been published as provided in subsection (a) of this section;
(2) the regional newspaper publishes and circulates numbers in excess of forty thousand (40,000) issues;
(3) the matter to be published is directly related to the region where its publication is intended; and
(4) an independent agency engaged in auditing circulation certifies the circulation of the regional newspaper.
The provisions of this section shall not apply to the publication of notices by the Tourism Company, the Economic Development Administration, and public corporations in magazines, brochures, and other specialized publications circulating mainly in Puerto Rico or which are addressed to tourists.
(c) In the case of announcements broadcast through television, the agencies of the Government of Puerto Rico shall place fifty percent (50%) thereof exclusively during the transmission of locally produced television programs that have at least a 2.0 viewer rating and whose content is rated for the general public. This minimum rating requirement shall not apply to local programs created within the first year after the approval of this act. For the first six months after the approval of this act, the minimum rating shall not apply to local programs currently on air. From said fifty percent (50%), government agencies shall assign five percent (5%) to programs related to Puerto Rican culture and five percent (5%) to educational programs. These Puerto Rican culture and education programs shall not be subject to a rating limit. Locally produced television programs shall be understood as those that hire, at least, fifty percent (50%) Puerto Rican talent. Locally produced television programs must have been produced, filmed, and post-produced in Puerto Rico in a proportion of at least seventy-five percent (75%). This percent includes exterior location shots filmed abroad due to setting requirements. Provided, however, That the purchase of television time during news broadcast shall not exceed twenty-five percent (25%) of the advertisement costs of each agency as regulated by §§ 946 and 947 of this title for the promotion of locally produced television programs whose content is rated for the general public. Furthermore, in order to promote small- and medium-sized television production companies in Puerto Rico, at least fifty percent (50%) of commercial spots produced by the government under §§ 946 and 947 of this title shall be placed during television programs made by production corporations or companies duly registered in Puerto Rico whose income tax returns do not show billing in excess of 3 million dollars.
Such fifty percent (50%) shall not apply for the duration of any national emergency declared by the Governor.
In order for the agencies to comply with the provisions of this section, television stations shall certify locally produced television programs whose content is rated for the general public. It is further provided that all agencies shall submit an annual report to the Office of Management and Budget, which includes an itemization of advertising costs that prove compliance with the provisions of §§ 946 and 947 of this title. Failure to comply with this section shall entail a fine of ten thousand dollars ($10,000.00) to be imposed on the Head of Agency. The Department of the Treasury shall collect the fine imposed on any Head of Agency who fails to comply with §§ 946 and 947 of this title, once the Office of Management and Budget notifies the Department of such noncompliance.
This subsection, which establishes the duty of the agencies of the Commonwealth of Puerto Rico to assign fifty percent (50%) of their television advertising budget for announcements to be aired during the transmission of locally produced television programs, shall not apply to the Government’s television station.
History —Apr. 29, 1949, No. 141, p. 376, § 2; Aug. 6, 1994, No. 52, § 2; Aug. 31, 1996, No. 170, § 1; Sept. 27, 2013, No. 88, § 2, eff. 60 days after July 29, 2013.