(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.