P.R. Laws tit. 27, § 267g

2019-02-20 00:00:00+00
§ 267g. Expropriation and easements

(a) Expropriation.— The Board shall have the power to identify the private property that shall be expropriated for the rendering of telecommunications services pursuant to the objectives of this chapter. Said property shall be expropriated by petition of the Board, by the Commonwealth of Puerto Rico represented by the Governor, or by the agency or official on whom [sic] the latter delegates.

(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 §§ 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 ship or a lease that are property of, owned or leased, 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 dollars ($5,000) nor greater than ten thousand dollars ($10,000), plus costs and expenses incurred by the municipality.

History —Sept. 12, 1996, No. 213, § II-8; Aug. 26, 2005, No. 101, § 3; May 23, 2008, No. 68, § 1.