P.R. Laws tit. 27, § 269g
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.