P.R. Laws tit. 27, § 325

2019-02-20 00:00:00+00
§ 325. Integrated use of infrastructure “co-location”

In order to ensure that in any consideration for the granting of a permit for the construction or location of towers that will house radio frequency transmission station “antennas” for commercial purposes, an accreditation shall be required from the proponent in the form of a sworn statement that certifies as a sine qua non requirement that the tower shall be constructed with the purpose of co-locating the antennas of several companies; that it is absolutely necessary to locate the tower in that sector; [that] the actions taken and their result to locate their radio frequency transmission station antennas in towers that are not owned by him/her, are within the sector for which a permit is requested; and that the actions taken and their result to locate their radio frequency transmission station “antennas” in towers that are not owned by him/her even though they are not within the sector, according to the radio frequency transmission station antennas that are proposed to be installed, may obtain the desired coverage; Provided, That the Planning Board and the Regulations and Permits Administration, as the case may be, shall be responsible for verifying the contents of the statement previously indicated in this section in all its merits; require the titleholders of the towers for the installation of radio frequency transmission station “antennas,” including public entities, to inform the Planning Board, the Regulations and Permits Administration, the Telecommunications Regulatory Board of Puerto Rico, and the municipality of the availability of space for the installation of radio frequency transmission station “antennas” in their towers as a part of an integrated use of infrastructure facilities; provided that the determination of availability of space shall not be contrary to the maintenance, development, or expansion needs of the titleholder.

The Planning Board shall establish by regulations the rules that shall promote the co-location of antennas of more than one telecommunication company in single tower, in such a way that the proliferation of towers on the Island is minimized. These rules shall include parameters for an accelerated handling of the process of granting permits for the location and construction of towers for said co-location.

History —June 6, 2000, No. 89, § 7; Sept. 14, 2004, No. 268, § 1.