Ley 68 del 2008
Resumen
Esta ley enmienda la Ley de Telecomunicaciones de 1996 para imponer a las compañías de telecomunicaciones la obligación de reparar, mantener o remover estructuras en vías públicas que representen un peligro para la seguridad. Otorga a los municipios la facultad de requerir estas acciones y, en caso de incumplimiento, acudir al tribunal para solicitar una orden judicial y la imposición de multas.
Contenido
(S. B. 1341) (Conference) (No. 68) (Approved May 23, 2008)
AN ACT
To amend Section II-8 of Act No. 213 of September 12, 1996, as amended, known as the "Telecommunications Act of 1996," in order to impose on telecommunications companies the obligation to repair, maintain or remove those structures found on public thoroughfares that represent a danger to the safety of the communities; and for other purposes.
STATEMENT OF MOTIVES
The Legislature has recognized that the telecommunications industry pursues the public purpose of providing to our population adequate access to telecommunication services and reasonable rates and fees. The Telecommunications Regulatory Board, created by Act Number 213 of September 12, 1996, as amended, known as the "Telecommunications Act of 1996," protects the public interest in general, assuring our population access to telecommunications services in accordance with the universal service postulates set forth in the Federal Telecommunications Act of 1996.
However, telecommunications companies have an additional responsibility towards the People of Puerto Rico. These companies have the duty to maintain their installations and equipment in optimum conditions and to oversee the public safety of the citizenry in general. This obligation has its raison d'être in the fact that these installations, such as posts, towers
and wiring are within the visual range of the citizenry, in addition to using common space that, in its vast majority, is privileged.
At times, it happens that some of these installations or equipment have fallen or are in extremely bad conditions that could cause accidents, and this, in turn, becomes the responsibility of the municipality to watch over safety in its thoroughfares and public areas. In the least of cases, the lack of maintenance to said structures provokes a negative impact on the order and cleanness of the municipality.
Since the municipalities are the most affected and in direct contact with said installations, through this Act, they shall be empowered to require the agencies or owner companies to take action regarding the telecommunications installation or structure that could well become a threat to public safety in general. If the company ignores said requirement, the municipality may resort to the Court of First Instance, through an injunction, to seek the adequate remedy. In order to discourage noncompliance with this Act, a fine of not less than five thousand (5,000) dollars nor greater than ten thousand (10,000) dollars plus the additional costs of said case shall be imposed on those companies that force the municipalities to resort to the Court to enforce compliance with this Act.
For all the above stated, this Legislature, due to the compelling interest of the Commonwealth of Puerto Rico to watch over the public safety of its people, deems it necessary to provide an additional mechanism for the municipal governments so that they may guarantee to the citizenry a safe environment in the general area of the municipality. That is the objective of this Act.
BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:
Section 1.- Section II-8 of Act No. 213 of September 12, 1996, as amended, is hereby amended to read as follows: "Section 8.- Expropriation and easements
(a) $\quad ...$
(b) Legal easements. The Board shall adopt the rules and regulations for the establishment, use and enjoyment of easements for any facilities needed for the installation of systems required and necessary to render telecommunications services, as provided in $\S \S 2151$ et seq. of this title. These benefits shall apply equally to all companies providing telecommunications services.
In the rules and regulations to be adopted, the Telecommunications Regulatory Board shall establish the obligations that arise from the enjoyment of this right. Among these, the obligation to coordinate with the other companies the installation, repair and maintenance work in the facilities to reduce the damage that could be caused to the property affected by the easement and its occupants, the norms to prevent the interruption of other services, and compensation for damages caused to the services rendered by other companies and to the property. It is further provided that it shall be the obligation of the telecommunications companies to repair, maintain or remove those installations or structures of which they have ownership, title or a lease that could be considered a danger to public safety. The municipalities may require any telecommunications company to repair or remove any of its installations that represents a danger to public safety. If the telecommunications company does not take any action on such respect within fifteen (15) workdays after being notified of the request, the municipality may resort to the Court of Instance through an injunction and
petition the Court to order the required work of repair or removal. If the injunction is accepted, the Court may impose a fine of not less than five thousand (5,000) dollars nor greater than ten thousand (10,000) dollars, plus costs and expenses incurred by the municipality.
Section 2.- The Telecommunications Regulatory Board and the municipalities of the Commonwealth of Puerto Rico shall harmonize all regulations with this Act.
Section 3.- If any part of this Act is declared null by a court with competent jurisdiction, said ruling shall not affect or invalidate the rest of the Act and its effect shall be limited to the aspect object of said ruling.
Section 4.- This Act shall take effect immediately after its approval.
CERTIFICATION
I hereby certify to the Secretary of State that the following Act No. 68 (S.B. 1341) (Conference) of the $7^{ ext {th }}$ Session of the $15^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Section II-8 of Act No. 213 of September 12, 1996, as amended, known as the "Telecommunications Act of 1996," in order to impose on telecommunications companies the obligation to repair, maintain or remove those structures found on public thoroughfares that represent a danger to the safety of the communities; and for other purposes, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $30^{ ext {th }}$ of July of 2008.
Francisco J. Domenech Director